USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 12
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In the mean time I have done my very best, & my utmost, & stand acquitted in my own breast of the Consequences, be they what they may.
I beg you would imediately, on rect hereof, write me at large, as well as give me proper Ord"s for the neces- sary Supply, for I do not doubt but that will be brought on, as soon as ever the Lords meet again, in October or Nov !. & remain with great respec Sir
Your most obed' hu'ble Servt
FERDINAND JOHN PARIS.
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
Circular Letter from the Lords of Trade to the Gover- nors in America-relative to a proposed interview to be held with the Six Nations of Indians.
[From N. Y. Col. Docts., Vol. VI, p. 802.]
To Jonathan Belcher Esquire Governor of New Jersey.
Sir
His Majesty having been pleased to order a sum of money to be issued for presents to the Six Nations of Indians and to direct his Governor of New York to hold an interview with them, for delivering those presents, for burying the hatchet, and for renewing the Covenant Chain with them: we think it our duty to acquaint you therewith, and as we find it has been usual upon former occasions when an interview has been held with those Indians, for all His Majesty's Colonies whose interest and security is connected with & depends upon them, to join in such interview, and as the present disposition of those Indians & the at- tempts which have been made to withdraw them from the British interest, appears to us to make such a general interview more particularly necessary at this time; we desire you will lay this matter before the Council and General Assembly of the Province under your government and recommend to them forthwith to make a proper provision for appointing Commission- ers, to be joined with those of the other Governments for renewing the Covenent Chain with the Six Na- tions and for making such presents to them as has been usual upon the like occasions. And we desire that in the Choice and nomination of the Commis- sioners, you will take care that they are men of char- ater ability and integrity, and well acquainted with
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ADMINISTRATION OF GOVERNOR BELCHER.
1753]
Indian Affairs. As to the time and place of meeting it is left to the Governor of New York to fix it, and he has orders to give you early notice of it. We are, Sir
Your very loving friends and humble Servants DUNK HALIFAX JAM: GRENVILLE DUPPLIN
WHITEHALL Septemb: 18 1753
A like letter was sent to the Governors of Virginia, Massachusetts, New Hampshire, Maryland and Penn- sylvania.
Letter from Robert Hunter Morris to Ferdinand John Paris-in answer to his of August 18th.
[From original among papers of Mr. Paris in Hist. Soc. Library, Bundle H, No. 62.] To Ferd John Paris Esq™
SPA Sep" 11 1753
Sir
I came to this place yesterday from a tour I had taken to the Rhine, and then first saw your letter of Augt 18 * * % *
You may well remember what pass'd when I was last with you at the Plantation office, and at other times when the report of the board of trade was under our Consideration; when it was agreed between us to oppose the approbation of that part of the report, relating to the Transactions about the station point upon Delaware, it being a matter that was not properly before the board; and upon which our Council had never been heard; and not only so, but because West Jer-
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
sey was greatly Interested, and no party to the contest; This opposition we agreed should be made in the Name of the West Jersey society, or of M' Penn, if they-or Either of them would consent, and if not, then in my name or that of the Eastern Proprs who the Board knew were represented by me. The reason I gave for this Method, was, that I was unwilling to offend the board of Trade, but nevertheless could not suffer a report that so greatly Affected the Interest of those I had undertaken to serve, to be confirmed, without giving it all the opposition, in my power.
In order to induce the Jersey society, to take part in this affair, I first wrote to their Secretary, and then waited on Master Lane, to whom I shew'd in what manner West Jersey, & Consequently the Society would be affected by the Confirmation of that Report, and convinced him that it was necessary for them to appear in the thing, and referr'd him to you who was fully Master of the Subject, for the proper method of opposing it: He promised me to lay the matter before the committee, & to consult you upon the Head, & made no doubt but the committee would take a proper part in the affair. Thus stood matters when I left England, and was I now upon the spot I could not put 'em upon a better footing, or give fuller instructions.
You say you are without Power, without Instruc- tions, without Proofs, without money for the past or future expence, and without proper security.
As to Powers you have Just the same you have always had in this and other affairs of the Prop"s if more were necessary, why was it not mentioned to me ? and if I am not greatly mistaken, I have more than once offer'd to Execute any Instrument for that purpose that you thought necessary. As to Instruc- tions I gave as full as was then, or is now in my power; and the proof of facts are all in your own hands; and by your well drawn Petition it appears you
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ADMINISTRATION OF GOVERNOR BELCHER.
1753]
are fully furnished. As to Money you might have had it, for asking for, as I wrote you upon a former occa- sion; and as you can't say I have disputed, or neglected to pay any bill you have sent me, either upon my own or the proprietors acct you need not have been so apprehensive as to the future expence. Security indeed I gave no directions about nor did I know till I had yours that it was necessary, and had you men- tioned it to me either before, or at the time I took my leave of you, I should have given Proper directions; however, if Bail be wanted before my return, Inclosed is a letter to Mess's Barclay & son to be, or procure it.
I have read over the Petition, and think it very fully & properly drawn, and approve of every step you have taken in this affair * *
I am surprised that Catherwood should pick up and tell such an Idle tale of my landing my sister and pro- ceeding to America, and much more so, that it should gain any the least, credit with you when I had told you where I was going, and that I should soon return; I am at a loss for the reason of your sending such a letter as yours to America, where you had the greatest reason to think that I was not, and where it can have no other effect but to make my friends uneasy con- cerning my safety,-for as to any thing else I am too well known in that country to be at all apprehensive about it.
I propose to Return to England very soon, and shall be glad to afford my best Assistance in this or any thing, else that concerns the Interest of New Jersey in Gen1, or that of the Propre in Particular, and in the Mean time am Sir
Your Most Obedt Humble Serv' ROBT H MORRIS
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
Petition of the Proprietors of East Jersey to the King -asking to be heard against the Representation from the Lords of Trade, recommending the re- peal of the Boundary Act of 1747.
[From a certified copy among Papers of F. J. Paris in N. J. Hist. Soc. Library, Bundle H.]
To THE KINGS MOST EXCELLT MAJSTY IN COUNCILL
The humble Petition of the Council of Proprie- tors of the Eastern Division of Your Maj- estys province of New Jersey-
SHEWETH
That His late Majesty King Charles the 2nd in the year 1663 Granted to his Brother James then Duke of York in Fee Sundry large Tracts and Territorys in america and amongst others those which are now called the provinces of New York and New Jersey To be held of His said Majesty his Heirs and Successors as of His Manor of East Greenwich in the County of Kent in Free and Common Soccage and not in Capite or by Knights service Yielding 40 Beaver Skins yearly when demanded.
That the said Duke of York in June 1664 Granted away one part of the said Territories (since called the province of New Jersey) unto the Lord Berkley and Sir George Carterett in Fee and the Boundary of that part at present Material to be stated (and which was to Divide the particular Tract so Granted away from the Dukes other Territorys which he did not Grant out) was as follows and (extendeth), "to the North " ward as far as the Northernmost Branch of the said " Bay or River of Delaware which is in 41 Degrees and
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ADMINISTRATION OF GOVERNOR BELCHER.
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" forty Minutes of Latitude and Crosseth over thence "in a Strait Line to Hudsons River in 41 Degrees of Latitude"-which was a Boundary as plain and Sim- ple and attended with as Little Doubt or Uncertainty as the Boundary of any province in America at that Time was.
Notwithstanding which as both the provinces of New York and New Jersey afterwards became and for a Great length of Time were under the Government of one and the same Governor And New York had the Greater Strength and Influence of the two New Jersey hath never been able to get the said Boundary Settled altho every reasonable Endeavour hath been used in order thereto and altho the cultivation and settlement of those parts as well as the peace & Government of the Inhabitants of these provinces and the Rights and propertys of persons seating there are all most Emi- nently concerned therein
But so far otherwise has been the Case that while the sd Boundary has remained unsettled pretended Grants have been made by the Governors of New York of Enormous Quantitys of Land at Minute and Trifling Quit Rents And the Grantees of such Quan- titys (who have been persons of power & Influence in New York) have by every means obstructed the settle- ment of the said Boundary In order thereby to have the better opportunity to Extend such Grants into and to Encroach upon the property of Your Majestys other Subjects in New Jersey
That in 1676 Deeds of partition were made between the said Sir George Carteret on the one part and William penn Esq' and others (who were the assignees under Lord Berkeley) on the other part of that whole Tract which had been before Granted by the Duke of York into two distinct parts between themselves the Eastern part of which (since called East New Jersey) was thereby released unto the said Sir George Car- 12
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ADMINISTRATION OF GOVERNOR BELCHER.
[1753
terett in Fee and the western part thereof (since called West New Jersey) was released unto the said William penn and others the assignees of the said Lord Berkley in Fee
That by the said Deeds the Division was so agreed upon by the proprietors of the soil as that the Line of partition between East & West Jersey was to begin at & from the station Point on the Northermost Branch of Delaware River at the Latitude of 41 De- grees and 40 Minutes (which was the north station point mentioned in the said Duke of Yorks Grant) So that West Jersey as well as East Jersey were both concerned and Interested in fixing that north station point
That the said Eastern part of New Jersey having being Granted out and Conveyed by Sir George Car- terett unto the said William penn & others to the number of 24 proprietors (whose Representatives are still intitled to the same) The Duke of York by his other Confirmatory Grant of 24th March 1682 Con- firmed unto the said 24 proprietors the said Eastern part of New Jersey by words expressly referring to the before mentioned Deeds of partition which had been made as aforesd between the proprietors of the said whole province
That from the year 1669 to the year 1684 the pro- prietors Gov! & Council of the Province of New Jersey purchased from the Indians and granted out to sundry persons great part if not the whole of the Lands lying Eastwards up to the strait Line which was to run cross the Country from the north station point to the south station point, and their Grantees settled and Cultivated the same or Great parts thereof
But in the year 1684 the Duke of York not having Granted away his other Territory called New York but Continuing seized thereof and coming to the Crown his Governor in New York then and afterwards
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took upon him to make Grants (as from New York Government) of Lands long before Granted out by and held under Grants from New Jersey
And the proprietors of New Jersey having some Years afterwards Surrendered their Claim of Govern- ment there to the Crown the provinces of New York and New Jersey were for many Years put under one and the same person as Governor of both provinces tho' by Distinct Commissions issued under the Great Seal for the Government of the said respective provinces
That the two Station points not having been settled and ascertained and different Grantees under different Governments claiming the self same Lands it not only prevented the settling and Cultivating those parts but also bred Quarrels and Disputes as to Jurisdiction and property and affected Government itself and was at- tended with all the other Evils and Mischiefs that Commonly ensue from uncertain Boundarys & Juris- dictions.
To put an End to which Evils in the year 1717 when M' Hunter was Governor of both the provinces of New York and New Jersey under his late Majesty an Act of Assembly was first passed in New York to make a large Number of paper Bills of Credit to be ap- plied to two several purposes, The first to pay and Discharge several Debts then already due from New York to a long list of persons (all Enumerated in De- tail in the Body of said Act) And the other purpose was to raise and put into the Hands of the Treasurers of New York sev! Quantitys of Plate to be applied to other the publick and Necessary Uses of that Colony.
And the said Act among other the publick and nec- essary Uses of New York for which it was making provision, Recited, That the Partition Lines between New York and Connecticut and between New York and New Jersey were necessary to be known and as-
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
certained in order that such of the Inhabitants of New York whose Estates or Habitations were adjacent to and bordered on the sd partition Lines might peaceably and without molestation enjoy the Fruits of their In- dustry and that the Government might not be De- frauded of the publick Taxes that might Arise and become due from the said Inhabitants by their pre- tending that they did not dwell within New York, And it therefore Enacted that the Quantity of 750 Ounces of plate (part of the plate to be left in the Treasurers Hands) should be applied to defray that part of the Charge of running Surveying & ascertaining the par- tition Line Limit and Boundary between New York and New Jersey which might be requisite for New York to pay, to be Issued by Warrant under the Hand and Seal of the Governor of New York for the Time being by and with the advice and Consent of His Maj- estys Councill in such parts and proportions as should be requisite for that Service when the Survey ascer- taining and running of the said Line Limit and Boun- dary should be begun and carried on by the Mutual Con- sent and agreement of the Governor and Counsel of New York and the proprietors of the soil of New Jersey- And the Sum of 750 Ounces (part of the aforesaid plate left in the Treasurers Hands) was to be issued as aforesaid to defray that part of the Charge of running the partition Line Limit and Boundary between New York & Connecticut which should be requisite for New York to pay when the Survey ascertaining & running of the said Line Limit and Boundary should be begun and Carried on by the Mutual Consent and agreement of the Governor and Councill of New York and the Governor and Councill of Connecticut-Which Lines being run ascertained and agreed on by the Survey- ors and Commissioners of each Colony as aforesaid It was thereby Enacted should for ever thereafter be deemed taken be and remain as the partition Line
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ADMINISTRATION OF GOVERNOR BELCHER.
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Limit and Boundary of the Colony of New York And all Bodies Corporate & politick and all other persons whatsoever within the province of New York were to be for ever Concluded thereby
That when the sd Act was Transmitted for the Royal pleasure great opposition was made here to the same.not only as it was an Act creating paper Mony but also particular Objections were made to the partic- ular Clauses of the said Act herein before humbly Haled And after such particular Notice of that part of the said Act and one or more Hearings on that Occa- sion His late Majesty by His Order in Councill of the 19th of May 1720 was pleased to allow and ratify the whole and every part of the said New York Act.
That the proprietors of New Jersey (then under the same Governor with New York) were Extremely pleased that New York by their said Act passed in 1717 had led the way in order to a long desired Settlement of the Bounds in Contest And thereupon in the next ensuing Year 1718 An Act of Assembly was pass't in New Jersey of like Tenor & purport with that before passed in New York with relation to the settling the Boundarys.
For it recited that many disputes & Controversies had then of late happened betwixt the proprietors & Owners of Lands in New Jersey and the owners of Lands in New York which lay near to or adjoining upon the Divison Line as well between the officers of the Government and a Number of lawless Men there who eluded the laws of both provinces and paid Taxes to neither pretending to be Situate in each of them to serve their evil purposes of Disobedience to the Lawful Commands and Demands of the officers of the Gov- ernment.
To prevent which for the future and in Order that such of the Inhabitants of New Jersey whose Estates or Habitations were adjacent to or bordered on the
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
said partition Line might peaceably and without Molestation enjoy the Fruits of their Labour and the Government might not be defrauded of the publick Taxes that were or might arise or become due from the said Inhabitants by their pretending that they did not dwell within New Jersey It Enacted That there should be two or more Commissioners with the Sur- veyor General appointed by the Governor of New Jersey by and with the Consent of the Councill who should be Impowered by a Commission under the Great Seal of New Jersey to Join with such Commis- sioners and Surveyors as shod be appointed on the part and behalf of New York Which said Commissioners & Surveyors so appointed & Commissionated as afore- said shod on the part and behalf of New Jersey run Survey agree on and ascertain the said Line Limits and Boundarys between New Jersey & New York ac- cording to the true Limits thereof as near as conve- niently could be done
And further Enacted That when such Commissioners as should be appointed by the governor by and with the advice and Consent of the Councill with the sur- veyor General of New Jersey had joined with such Commiss's and Surveyors as should be appointed for and on the behalf of New York they should make re- turn of the same under their Hands and Seals to the governor of New Jersey for the Time being Which return should be filed and recorded in the Secretarys office of New Jersey, Which said Line of Division or partition betwixt new Jersey and New York being ascertained run and agreed on and recorded as afore- said should for ever thereafter be deemed taken be remain and Continue the partition Line Limit and Boundary betwixt New Jersey and New York And all Bodies politic & Corporate and all other persons what- soever within New Jersey or any Claiming any Right & property therein should be Concluded by the same Any Law Usage Custom or pretence to the Contrary
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ADMINISTRATION OF GOVERNOR BELCHER.
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That the said New Jersey Act was Transmitted to Great Britain for the Royal pleasure and having never received any Disapprobation is apprehended to be in full force in New Jersey
That M' Hunter Your Majestys Governor who passed both the said Acts in New York and New Jersey was by his late Majestys Royal Commission & Instructions and had been for along Time before he passed the said Acts commanded to Transmit to His Majesty a Map with the Exact Description of the whole Territories in the said respective Governments under his Command
That in the same Sessions of the New Jersey Assem- bly in 1718 another act was there passed for running and ascertaining the Line of partition or Subdivision between the Eastern and Western Divisions of New Jersey and for preventing Disputes for the future con- cerning the same and for securing to the General pro- prietors of the soil of each of the Divisions and persons claiming under them their several and respective pos- sessions right & Just Claims which Act Confirmed the agreement contained in the Indenture of 1676 as the partition to be made between the Eastern & West- ern part of New Jersey But forasmuch as (for want of the partition Line having been settled) persons under Western Rights had taken up Lands in the Eastern parts and so vice versa, therefore the said Line was to be run as formerly agreed, And if one side had taken up more Lands of the others than that other side had taken up of theirs the respective Divisions were to make allowance to each other for the same but the settlers and Improvers were to Continue possessed of their particular Lands and those Lands which had been taken up by western Rights were to be Consid- ered as part of the west Division tho' lying in the Eastern part and so vice versa
That the said several acts of assembly having been passed in both the said provinces under his late Majes-
3
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tys Governor for the very necessary purposes aforesaid Two Commissions issued in his late Majestys name under the great Seal of those respective provinces for the settling the said Boundarys in Dispute
The said Commission on the part of New Jersey issued first of the two upon the 31t Day of March 1719 by the Express advice and Consent of His Majestys Gov' and Councill of New Jersey and it recited many of the grants Deeds of partition Acts and matters herein before humbly Stated and authorized two persons to be Commissioners for the Eastern Division of New Jersey and two others to be Commissioners for the Western Division of New Jersey and the Surveyor General of both those Divisions in Conjunction with the Commissioners and Surveyors to be appointed on the part of new York to do several Distinct matters that is to say
To Inspect and Survey all such streams of water that formed the River of Delaware as they should Es- teem necessary to be Inspected or Surveyed in order to find out and Determine which of the Streams was the northernmost Branch of Delaware River and when such Branch was so discovered they were Carefully according to the best of their knowledge and under- standing to discover and find out that part of the said Northernmost Branch of Delaware River that lay in the Latitude of 41 Degrees and 40 Minutes which was the North partition point of New Jersey and the point as well of the Line of Division between the Eastern and western Divisions of New Jersey as that place where the Line of partition between New York and New Jersey terminated All which the said Commis- sioners and Surveyors were thereby required distinctly to Certify under their Hands and seals to the Governor of New Jersey to be filed and recorded in the Secretarys office there
And then the said Commission Ceased to give any
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further powers to those Commissioners and Surveyors for West New Jersey as the Western part of New Jersey had no other concern whatever in the other parts of the Division which affected only East New Jersey and New York.
But the said Commission further Impowered the said two Commissioners and Surveyors for East New Jersey in Conjunction with the Commissioners and Surveyors for New York to discover the South Station point at 41 Degrees on Hudsons River and to run out the Strait Line from the North Station point to the South Station point in such manner as therein was mention all which those Commiss"s and Surveyors were also to return Distinctly under their Hands and Seals to the Governor of New Jersey to be filed and re- corded in the Secretarys office there
That as to the Commission issued by New York on that occasion it appears by Sundry minutes of his Majestys Governor and Council of New York Dated the 16th and 23d of April the 2ª of May and the 17th and 20th of June 1719 that the said Governor and Council of New York had this matter under their Considera- tion and particularly by their Joint Minute of the 2ª of May they jointly ordered that a Commission should issue under the Great Seal of that province to two persons therein named as Commissioners and to a third person therein also named as Surveyor for that province for running and ascertaining the said Division Line And by the said Minutes of the 2ª of May and 17th and 20th June and divers other Subsequent minutes the sd Governor and Council of New York jointly ordered out several sums of Money to their sª Commissioners and Surveyor on account of the sd work
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