USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 14
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I remain Sir
Your most obed' h'ble Servt
FERDINAND JOHN PARIS
Petition of the House of Representatives of New Jer- sey to the King-asking that the Governor may be permitted to give his assent to a Bill making current £60,000 in Bills of Credit.
[From P. R. O. B. T., New Jersey, Vol. 7, H. 29.]
To His Most sacred Majesty George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith
The Petition of the House of Representatives of the Colony of New Jersey in General Assembly met
Most humbly Sheweth
That the frequent remittances to Great Britain of the foreign Specie drains this Colony thereof And renders a Currency of Our own absolutely necessary which induced the Legislature here in the Years 1730
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
and 1733 to pass two Acts of General Assembly for emitting on Loan £60,000 in Bills of Credit; to both which Acts Your Majesty was graciously pleased to give Your Royal Assent on the 4th of May 1733 and the 4th of May 1735 and the Bills emitted on the Act of 1730 have long since been sunk according to the Tenor of that Act And the Currency of those Emitted on the Act of 1733 expired between Man & Man the Twenty fifth of March last O. S. however by the Tenor of sd Act those of them yet outstanding are to be received for Six Months after by the Commiss's of the loan Office & the Treasurers of the respective Divisions of this Colony in which time there is no Reason to doubt but that the small part remaining will be fully paid in according to the Directions of the said Act & then an end will be put to a Currency which hath constantly maintained its Credit & been of great Service to the Publick.
That in Obedience to Your Royal Pleasure signified by the Duke of Newcastle and thro' a becoming Zeal for the Success & Glory of Your Majestys Arms in the late War against the Powers of France & Spain this Colony hath exerted itself to the utmost of its ability & beside other Sums advanced on those Occa- sions is now actually involved in Debt upon Account thereof the Sum of Fifteen Thousand three hundred and Two Pounds & four pence which for want of other Funds wherewith to raise it was discharged by Paper Bills made Current at different times for that Purpose yet remaining to be Sunk
That as no sure dependance can be placed on the foreign Specie for sinking the said Bills so some other Provision more certain is absolutely necessary to be made
That as the Interest of the Paper Currency (which for a long series of time supported the Government) will henceforth yield no further Relief and as the
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ADMINISTRATION OF GOVERNOR BELCHER.
1753]
Colony is involved in Debt upon Account of the late War those Circumstances concurring will render it unable to support Government so amply as heretofore unless effectually relieved
That if the Colony is not timely supplyed with a Paper Currency a Scene of want and deep distress will enevitably ensue & indeed has already found utter- ance in the repeated Complaints of a needy People ex- hibited to this House by sundry Petitions wherein they represent their distress (who have the truest Sense of their own wants) and pray for another Emission of Paper Currency in terms most moving and truly af- fecting to Your Majestys Pet's which excite our Pity and Compassion towards them and the rather because We know their Complaints are genuine and unaffected
That such emission of Paper Currency if granted would not only yield relief in the Premises but might also prove Beneficial to the British Merchants them- selves seeing it will not only be struck upon a stable Foundation & therefore not lyable to sink in Value but will also enable the Inhabitants of this Colony to dis- charge their Debts already Contracted for British Merchandize and likewise enable them to deal more largely for such Merchandize for the future than they could otherwise do for by this means they will be fur- nished with a Currency of their own not lyable to be drawn from them untill the legal expiration thereof and therefore can the better spare that little foreign Specie of which they are possessed not only in pay- ment of such Debts already Contracted but also in purchasing such other of the British Merchandize which they may hereafter need
May it please Your Majesty
For enabling this Colony to Sink the Bills of Credit aforesaid made Current for the Service of the late War also for enabling the Colony to Support Government
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
as amply as heretofore likewise for relieving the dis- tresses of a needy People and finally for the real advan- tage of the British Merchants themselves We Your Majestys Petitioners with great humility implore You to grant Your Royal leave to Our Governor to give his assent to a Bill for making Current £60,000 in Bills of Credit upon the like footing of those heretofore emitted within this Colony by Your Majestys Consent And We assure Ourselves Your gracious Indulgence herein will be esteemed by those We have the honour to rep- resent as a singular instance of Your Majestys paternal care and goodness towards them and be received by us with the truest Sense of Gratitude who as in Duty bound shall ever Pray.
Signed Novr the 2ª 1753 in behalf of the House of Representatives of the Province of New Jersey
RICHARD PARTRIDGE their Agent.
[Referred to the consideration of the Lords of the Committee of Council and by their order Dec' 18th 1753, sent to the Lords of Trade.]
Letter from Mr. Secretary Read to Chief Justice Rob- ert Hunter Morris.
[From P. R. O. B. T. New Jersey, Vol. 7, H. 35.]
To Robert Hunter Morris Esq" chief justice of New Jersey to the Care of Mr David Bar- clay Mercht at London
BURLINGTON Nov! 10, 1753
Dr Sir
I hope this will find you return'd from the Spa & at Leisure to think of your Friends here who I really think
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ADMINISTRATION OF GOVERNOR BELCHER.
1753]
have reason to Complain of you on this Account. You are quite Sensible of the Distress you left us in & the Matter is little mended. The Sheriff Act is so pro- ductive of Inconvenience & is such an Infringement on the Royal prerogative that I should think the Bare mention of it to the Right Honble the Lords of trade would occasion its Destruction The Acts which made the Board of Freeholders necessary in the sinking our paper money are now Expired & their Continuance is really a Greivance to the People & they are an Ob- struction to the Decent repair of the Public Buildings & to every reasonable Expence. There is another thing which I must press upon You & that is the using your Interest in the Appointment of two Justices of the Supream Court. I have been informed that You either have already or are determined to resign your Office & there cannot be a more proper person to Sup- ply your place found here than M' Saltar You are no Stranger to his Abilities & as I have long kept my office of a Justice of the Bench thro' a persuasion that No person could act with more integrity or more reso- lution wh last is absolutely necessary, at all, but more particularly in these times when such a Levelling dis- position reigns among the populace, I would now incline to resign as I cannot think the duty I owe the public should forever keep me in an Office so Detri- mental to my private Interest I have pressed this thing upon your friends here who gave me no further relief than by insisting on my Continuance in it till better times However the Calls of my Duty to my own family have brought me to a Determination not to Continue longer than next May term whether any pro- vision be made for a Successor to you or to me or not. If we should have the good fortune to have M' Saltar at the head of the Supream Court then the Eastern Division will supply you wth another
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
I thought of M' Kemble but am not certain whether He would Accept. These things D' S' Lett me press upon your Memory as a Duty you owe your Country I most heartily wish you well & am D' S !. Y! Affectionate &
ffaithfull Humble Servant
R. H. Morris Esq! CHA READ
Report of the Lords of Trade to the Committee of Council for Plantation affairs, with a draft of instructions to the Governors, relative to appeals in the Plantations in cases of Error.
[From P. R. O. B. T. Plantations General, No. 39, Ent. Book K., p. 340.] Additional Instructions To our Trusty and Wellbeloved Jonathan Belcher Esq! Gov -. ernor of New Jersey.
Whereas it hath been Represented unto Us, that the Method prescribed by the Instructions given by Us to the Governors of Our Colonies and Plantations in America relative to Appeals from the Courts there in in cases of Error, has by subsequent relations which have been from time to time made by Us in our Privy Council relative to such Appeals, become defective and improper, For remedy thereof for the future, It is Our Royal Will and Pleasure, that you or the Com- mander in Chief of Our Province of New Jersey for the time being, do permit and allow Appeals from any of the Courts of common law in Our said Province, unto you or the Commander in chief and the Council of Our said Province; And you are for that purpose to issue a Writ in the manner which has been usually accus-
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ADMINISTRATION OF GOVERNOR BELCHER.
tomed returnable before yourself and the Council of Our said Province, who are to proceed to hear, and de- termine such Appeal, wherein such of Our said Coun- cil as shall be at that time Judges of the Court from whence such Appeal shall be so made to you Our Captain General, or to the Commander in chief for the time being, and to our said Council as aforesaid, shall not be admitted to vote upon the said Appeal, but they may nevertheless be present at the hearing thereof, to give the Reasons of the Judgement given by them in the Causes wherein such Appeal shall be made, Pro- vided nevertheless, that in all such Appeals, the Sum or Value Appealed for, do exceed the Sum of Three Hundred pounds Sterling, and that Security be first duly given by the Appellant, to answer such Charges as shall be awarded in case the first Sentence be affirmed: And if either Party shall not rest satisfied with the Judgement of you or the Commander in chief for the time being, and of Our Council as aforesaid Our Will & Pleasure is, that such Party may then Ap- peal unto Us in Our Privy Council: Provided the Sum or Value so appealed for unto Us, do exceed five hun- dred Pounds Sterling, and that such Appeal be made within fourteen days after Sentence, and good Se- curity given by the Appellant, that he will effectually prosecute the same, and answer the Condemnation, and also pay such Costs and Damages as shall be awarded by Us, in Case the Sentence of you or the Commander in chief for the time being and of Our Council be affirmed: Provided nevertheless that where the matter in question, relates to the taking or de- manding any Duty payable to Us, or to any Fee of Office, or annual Rent, or other such like matter or thing, where the Right in future may be bound, in all such Cases you are to admit an Appeal to Us in Our Privy Council, altho' the immediate Sum or Value so appealed for be of less Value; And it is Our further
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
Will & Pleasure that in all Cases where by your In- structions, you are to admit Appeals to Us in Our Privy Council, Execution be suspended, untill the final Determination of such Appeals, unless good and suffi- cient Security be given by the Appellee, to make ample Restitution of all that the Appellant shall have lost, by means of such Judgment in case upon the Determi- nation of such Appeal such Decree or Judgment should be reversed and Restitution awarded to the Appellant.
Dec !. 5th 1753.
[Approved by the Committee on 11th December and Similar instructions sent to the Governours of Nova Scotia New Hampshire Massachusetts Bay Pennsyl- vania Virginia South Carolina Bermudas Bahamas and Jamaica]
Letter from Governor Belcher to the Lords of Trade- relative to disputes between the people of New York and New Jersey for want of a dividing line.
[From P. R. O. B. T., New Jersey, Vol. 7, H. 40.]
ELIZABETH TOWN (N J) December 20th 1753 To the Lords of Trade
My Lords
The 18th of this Month, I recieved by way of New York, the Honour of Your Lordships of the 18th of September past, Informing me, that His Majesty had been pleased to Order a Sum of Money to be Issued for Presents to the Six Nations of Indians, and to direct His Governour of New York, to hold an Inter- view with them, for delivering these Presents; I shall therefore in Conformity to what Your Lordships are pleas'd to say, lay this matter (with Your Lordships
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ADMINISTRATION OF GOVERNOR BELCHER.
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Letter) before the Council, and the General Assembly of this Province, as soon as I conveniently can, which must be in the Spring of the Year, as the Winter Season makes it very difficult for them to Travel from their remote distances, however I intend to give them Seasonable Notice, for Meeting on this Affair; the time appointed by the Governour of New York, to meet the Indians at Albany, being fixed (as he writes me) to the 14th of June next.
As Your Lordships very Wisely observe, consider- ing the present Disposition of the Indians, and the continual Tamperings of the French with them, 'twill most certainly be for His Majesty& Honour and Interest as well as for the Peace and Welfare of His Majesty's Colonies in these parts, to join in this Treaty, I shall therefore press it upon the Assembly of this Province, to make Provision for Presents to the Indians and for sending Commissioners to the Treaty ;- but I am sorry to say, to Your Lordships, that I find by the publick Records of the Province, that Notwithstanding several Governours have urg'd the Assemblies here, to join in such Treaties, & although The Occasions have some times been Extraordinary, yet they never wou'd Con- cern themselves, or join in such Treaties.
I now inclose to your Lordships, the Minutes of His Majesty's Counsel of this Province, to the 22d of the last Month, wherein Your Lordships will please to observe, there is mention made of an Answer from Andrew Johnston Esq", to a Letter of Governour Clintons, and some Votes of the Assembly of New York ;- This Affair, my Lords, is relating to Quarrels that have happen'd between the Inhabitants of this Province, and that of New York, about the Bounds and Claims of their Lands, where they Border one upon another, and this Answer with Affidavits to Support it, I shall Transmit to Your Lordships, as soon as they can be got ready, & duly Authenticated, in the mean
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
time, I think it my Duty to inform Your Lordships, that there has been lately a great Riot and Outrage Committed by the People of New York, on some of the Inhabitants of this Province, and unless the Line between this Province, and that of New York, shou'd be soon settled, I am very much afraid, there will be Blood shed among the People, and I shou'd be glad, your Lordships wou'd Consider of Wayes and Means to bring such a Settlement about, in the most Expedi- tious & Effectual manner, for I see but little Prospect of the matters being brought about, by any Agreement that will be made here, between the two Provinces.
I have the Honour to be with Great Respect
My Lords Your Lordships Most Obedient & Most Humble Servant
J BELCHER
Letter from Lieutenant-Governor DeLancey, of New York, to the Lords of Trade-about the difficul- ties with New Jersey.
[From N. Y. Col. Docts., Vol. VI, p. 817.]
NEW YORK 24th Dec 1753
My Lords * *
(Extract.)
* I must beg the favor of your Lo'ps pardon for any omission I may be guilty of, your Lordships will be pleased to consider the Course of my Educa - tion has lain towards the Law, long Study and use had made the duty of Chief Justice familiar to me, this is a new scene to which I have for some time been a stranger I shall endeavor to give your Lordships sat- isfaction in it, This you may be assured of I shall never give your Lordships any wrong impressions I
1753]
ADMINISTRATION OF GOVERNOR BELCHER.
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may be deceived but I shall never impose any thing for a truth of which I am not myself convinced, I shall make it my business now the hurry of affairs is somewhat at an end by the recess of the Assembly to state to your Lordships the controversy this Province or rather His Majesty has with the Jerseys I shall only give a hint of it now, for it is not possible to give your Lordships a clear conception of it without Draughts- There was a Line (antecedent to that which the Jer- sey Proprietors now contend for) which was esteemed the Jersey Line and upon this Line some of the New York Patents of Wawayanda, Minisink and other bounded so that they cannot be extended further Southward, and if Jersey does not extend further up Delaware River than to the Northern Branch which is the Terminus ad quem and is in my humble opinion the genuine construction of the Grant from the Duke of York then all that large intermediate Triangle is still in the Crown and the Jersey Proprietors are only intruding on the King, and out of all these Lands there may a Quit Rent be reserved to His Majesty which will be a very considerable addition to His Maj- estys Revenue without depriving the Proprietors of their possessions and which [His] Majesty may either annex to this Government or leave to Jersey, there is a committee of the Council and Commissioners for that with the Massachusetts Bay that of New Hamp- shire * * *
I am My Lords Your Lordships
Most obedient & most humble Servant
JAMES DELANCEY
To The Right Honorable The Lords Commissioners of Trade & Plantations
14
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ADMINISTRATION OF GOVERNOR BELCHER. [1754
Copy of the 95th and 96th Instruction to his late Ex- cellency Sir Danvers Osborne.
[From P. R. O. America & West Indies, Vol. 67.1
Copy of the King's 95th & 96th Instructions to the late Gov! Osborne in Gov! Shirley's [letter to the Secretary of State] of the 6th Jan™ 1754.
95 Whereas it has been thought requisite that the General Security of our Plantations upon the Conti- nent of America be provided for by a Contribution in proportion to the respective Abilities of each Planta- tion; And whereas the Northern Frontiers of the Province of New York being the most exposed to an Enemy, do require an extraordinary Charge for erect- ing and maintaining of Forts necessary for the De- fence thereof, and whereas orders were given by King William the third for advancing of £500 Sterling towards a Fort in the Onondaga Country and of £2000 sterling towards the rebuilding of the Forts at Albany, and Schenectady and likewise by Letters under his Royal Sign Manual, directed to the Governors of divers of the Plantations to recommend to the Councill and General Assemblies of the said Plantations that they Respectively furnish a Proportionable sum towards the Fortifications on ye Northern Frontiers of the said Province of New York. viz
Rhode Island and Providence Plantation
£150
Connecticut
450
Pensylvania
350
Maryland 650
Virginia
900
2500
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1754]
ADMINISTRATION OF GOVERNOR BELCHER.
And Whereas we have thought fit to direct that you also signify to our Province of Nova Cæsaria or New Jersey that the sums, which we have thought fit to be contributed by them, if not already done, in propor- tion to what has been directed to be supplied by our other Plantations as aforesaid are £250-sterling for the Division of East New Jersey and £250 sterling the Division of West New Jersey. You are therefore to inform yourself what has been done therein and what remains further to be done, and to send an Account thereof to our Commissioners for Trade and Planta- tions as aforesaid in order to be laid before Us; And you are also in our Name instantly to recommend to our Council and the General Assembly of our said Province of New York that they exert the utmost of their Power in providing without delay what further shall be requisite for repairing erecting and maintain- ing of such Forts in all Parts of that Province as you and they shall agree upon.
96 And you are likewise to signify to our said Coun- cil and the said General Assembly for their further Encouragement that besides the Contributions to be made towards the raising and maintaining of Forts and Fortifications on that Frontier as above mentioned; It is Our Will and Pleasure that, in case the said Fron- tier be invaded at any time by an Enemy, the Neigh- bouring Colonies and Plantations upon that Continent shall make good in men or mony in lieu thereof their Quota of Assistance according to the following Repar- titions viz.
Men
The Massachusets Bay
350
New Hampshire
40
Rhode Island
48
Connecticut
120
New York
200
East New Jersey
60
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ADMINISTRATION OF GOVERNOR BELCHER. [1754
Men
West New Jersey
60
Pensylvania Maryland
80
160
Virginia
240
Making together
1358
Pursuant whereunto You are as Occasion requires to call for the same. And in Case of any Invasion upon the Neighbouring Plantations, You are upon the Application of the Respective Governors thereof to be aiding and assisting to them in the best manner you can, and as the condition and safety of your Govern- ment will permitt. And you are withal to signify to our said Council and the General Assembly of New York that according to their Behaviour on this Occa- sion they will Recommend themselves to Our Royal Grace & Favour.
Report from the Lords of Trade to the Lords Commit- tee of the Privy Council for Plantation affairs- recommending the King to grant leave to the Gov- ernor of New Jersey to give his assent to the bill authorizing the issue of sixty thousand pounds in bills of credit, asked for by petition November 2d, 1753.
[From P. R. O. B. T., New Jersey, No. 15, Ent. Book D., p. 411.] To the Right Honble the Lords of the Committee of His Majesty's most Honble Privy Council for Plantation Affairs.
WHITEHALL March 18th 1754
My Lords
Pursuant to your Lordships orders dated the 18th of December last, We have had under Our Consideration the humble Petition of the House of Representatives
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ADMINISTRATION OF GOVERNOR BELCHER.
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of the Colony of New Jersey in general assembly met, and the humble Remonstrance of Richard Partridge Agent for the said Colony, to His Majesty, humbly praying, for the reasons therein contained, "That His "Majesty will be pleased to grant his Royal leave to " the Governor to give his assent to a Bill for making "current Sixty thousand pounds in Bills of Credit "upon the like footing of those heretofore emitted in "that Colony by His Majestys Consent; " And hav- ing been attended by M' Partridge with M' Field his Counsel, and heard what they had to offer in support of the Allegations of the said Petition and Remon- strance, We beg leave to acquaint your Lordships,
That the Bills of Credit created and issued in New Jersey in the years 1730 & 1733, on the model of which the Assembly of that Province now pray leave to emit the further Sum of Sixty thousand Pounds, were lent out to the Inhabitants upon Land security of double the Value of the Sum lent, at five # Cent Interest, and were made current and a legal tender in all payments and for the discharge of all Debts and Contracts what- soever during the term of sixteen years.
That it has been represented to Us, that the issuing Bills of Credit upon Loan within this Province has been found to be the least burthensome method of levying Taxes for the Support of Government, and has also been of great Service in enabling the Inhabitants to extend and improve their Trade and Settlements, and that as they have little or no Silver or Gold circu- lating in the Province, it would have been impossible to have carried on their Trade and Dealings without some such medium; that as the time for the continu- ance of the Currency of these Bills is now expired, and the whole of them entirely sunk and destroyed, pursuant to the direction of the Acts, except about Three Thousand pounds which is still outstanding tho' with- out any Currency as a legal tender, the Province will
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ADMINISTRATION OF GOVERNOR BELCHER. [1754
be reduced to the greatest distress and disabled from carrying on Trade or raising supplies for the support of Government, unless relieved by a new Emission.
From the Evidence laid before Us of the Effect and Operation of the bills of Credit formerly issued in this Province, and from the Representation of Persons well acquainted with the nature of Paper Money in general, We are inclined to believe, that a moderate quantity issued upon proper security and having a proper Fund for its redemption within a limited time, may operate to the advantage of a trading Colony, and serve to im- prove and extend the Settlement of it, and may also be the least burthensome method of levying money for the support of Government. But We can by no means agree in opinion with the Petitioners, that the making such Paper money a legal tender in all Payments is either necessary or proper, but on the contrary has been declared by Parliament, in a Resolution of the House of Commons of the 25th April 1740, to be a frus- trating of the Act of the 6th of Queen Ann, for ascer- taining the rates of foreign Coins in the Plantations, and to have been a great discouragement to the Com- merce of this Kingdom, by occasioning a Confusion in dealings, and a lessening of Credit in those parts: It is also contrary to the sense of Parliament expressed in the Act lately passed for restraining Paper Bills of Credit in the four Colonies of New England. And therefore if His Majesty, out of His Paternal Regard and Indulgence to the Ease and Convenience of His Subjects in New Jersey, and in order to restore the Peace and Quiet of the Province, and conciliate the Differences which have long subsisted therein, should be graciously pleased to allow of a new Emission of Sixty Thousand pounds in bills of Credit upon the Terms of the former Emissions, We think it ought to be made an express Condition, that such bills of Credit should not be declared to be legal Tenders in Payment
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