USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 28
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6. What Trade has the Province, under your Gov- ernment, with any foreign Plantations? or any part of Europe, besides Great Britain ?- How is that Trade carried on ?- What Commodities do the People under your Government, send to, or receive from foreign Plantations?
A. The Trade except to Great Britain, is chiefly (carried on, by N: York, & Phil .; ) is confined to Lisbon, Cadiz, Gibralter, the western and Canary Islands, & to Ireland; & the Commodities sent from hence, are as in the Answer to the fourth Query ;- there is no Trade, carried on from hence, with foreign Plantations, but what is illicit, & clandestine; & I believe, very little of that.
7. What Methods are there used, to prevent illegal Trade ?- and are the same effectual?
A. His Majesty has three Collectors, of the Cus tomes, viz. at the Ports of Burlington-Perth Amboy, -& Salem, who, (by all I can learn) are faithfull & diligent, in their duty; & yet, as there are many Creeks, & Rivers, at Distances from them, illegal Trade may be carried on, beyond their Power, to pre- vent it.
S. What is the natural Product of the Country? Staple Commodities, & Manufactures? & what Value thereof, in Sterling Money, may you annually export?
A. The natural Product, & Staple Commodities, of the Province, are Timber, (as Oak,-Pine, - Cedar Walnut, & many other Sorts;) Beef,-Pork,-Mutton; Flaxseed, -Rye,-Wheat,-Barley, & Oats, & of these things, may be exported Annually, perhaps about thirty Thousand Pounds Sterling.
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9. What Mines are there?
A There are many valuable Mines, both of Rock, & bog Iron Ore, & three very valuable Ones, of Copper; & of these Sorts of Mines, new Discoveries are made, every now & then.
10. What are the Number of Inhabitants, Whites & Blacks?
A It is computed, there may be, of Whites nearest Eighty Thous! Souls; of Blacks, scarce fifteen hund !; but as to these things, Your Lordships must imagine, they are pretty much, conjectural.
11 Are the Inhabitants increased or decreased within the last ten Years ?- how much ?- & for what Reasons.
A It is thought by the best Judges, the Inhabitants of the Province, are increas'd, in the last ten Years, above fifteen thousand Souls, -& which may be attri- buted, to the healthyness of the Climate, & to the Province's being safeguarded, northeastward with N: York, & west with Pensylvania, & therefore the less expos'd to the Indian Enemy; & so the Inhabitants, not drawn out. (as from other Provinces.) in Times of War.
12 What is the Number of the Militia?
A This I judge may be upwards of ten Thousand, effective men, (from sixteen to sixty, ) there are eleven Regiments, in the Province; to the several Colonels whereof I have lately issued, my Orders, for a General Muster, & a strict Scrutiny: & am expecting, their several Returns, whereby I may be enabled, to give Your Lordships, a more certain. & particular Answer, to this Query.
13 What Forts & Places of Defence are there, within your Government ?- & in what Condition? 1
A Not one Fort, or Place of Defence, (that I know of) in the whole Province, nor ever has been.
14 What Number of Indians have you ?- & how are are they inclin'd ?
A The Indians are mostly retired, back into the
.....
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Wilderness; but very few remaining, in this Province, I believe hardly one hundred Families, & they in small Divisions, & at remote Distances, one from another; what there are, behave peaseably, & in good Order.
15 What is the Strength, of the Neighbouring Indians?
A The Six Nations, (Allies of the Crown of Great Britain) are the most Neighbouring Indians, to this Province; but with whom, we have no Trade, or Com- merce, so that it wou'd be only guess Work, for me to say, their Numbers, but of this, Your Lordships may have the best, & most particular Acct, from the Gov- ernmt of N: York, who are constantly conversing, & commercing with them.
16 What is the Strength, of your Neighbouring Europeans ?- French or Spaniards?
A There are no French, or Spaniards, bordering on this Province, which (as before) is inclos'd between N: York, on the northeast and Pensylvania, on the west, so that this Query, can be more properly ans., by them, but I humbly concieve, the just state of that Matter, made by the Commissioners, at the Congress at Al- bany, in July last, renders all other Answers, to this Question, needless.
17 What Effect, have the French, or Spanish Settle- ments, on the Continent of America, upon His Majes- ty: Plantations ?- especially on your Province?
A What I have said, in answer to the immediately preceding Query, may serve in Part, for an Answer to this; but the continual Incroachments, made by the French, on His Majesty's Territories, in North Amer- ica, as on the River Ohio, & the cruel Depredation & Murders, committed there, & in other Places, may serve as an additional Answer; altho' indeed, these Things, have at present but distantly affected this Province, (in a particular Manner).
18 What is the Revenue, arising within your Gov- ernmt ? And how is it appropriated?
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A There is not at present, (or ever has been, that I can learn,) any stated Revenue, to the Crown, in this Province, but the Gov!, Council, & Assembly make a fresh Grant every Year, to His Majesty for the Sup- port of the Government, and it is rais'd, by a Tax.
19 What are the Ordinary & Extraordinary Ex- penses of your Government?
A The Expenses of this Government, (ordinary & extraordinary) from my Arrival, to this Time, (up- wards of Seven Years,) have not been (communibus annis) eleven hundred Pounds Sterling.
20 What are the Establishments, Civil & Military, within your Government ?- & by what Authority, do the Officers hold their Places?
A The Civil Officers, are appointed thus, -
The Secretary by Letters patent, under the great Seal, of Great Britain.
The Collectors, for the Kings Customs, by Warrants, from the Lords Commissioners of the Treasury.
The other Civil Officers, of the Province, by the Governour & Council, under the Seal of the Province, tested by the Governour.
There are no regular Forces, or Military Establish- ments, in this Province ;- but only Regiments, of com- mon, or ordinary Militia; the Officers whereof, are appointed, by Commissions, from the Governour, under his Hand & Seal, at Arms.
The foregoing, is humbly offer'd, to your Lordship (Inspection & more particular Information,) by
My Lords, Your Lordships
Most obedient, & Most humble Servt
J. BELCHER.
ELIZA TOWN (NEW JERSEY) December 27: 1754
To the Right Honourable, The Lords Commissioners, for Trade & Plantations.
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Opinion of Counsellor Belcher-as to Bills'of Credit being made Legal Tenders in New Jersey. [From P. R. O. B. T. New Jersey, Vol. 7, H. 52.] Objec: agst the Act relating to Bills of Credit in Tenders for paymts being obligatory.
REPLY The Clause relating to Tenders is of absolute consequence to the Credit & currency of the Bills of New Jersey for to make the Bills current & yet to leave all psons at liberty to accept or refuse them in Tenders as they think proper, is in effect to establish ye End without the means & altho' ye Act has a retro- spect to all past Contracts, yet it obliges ye Creditor to no more than what he wª have been bound to, even at Common Law by former Acts of that Province, & by ye reasons & policy of every civil Gov™mt, it must be granted that Parties have no Original Right to stipulate contracts in contradiction & defiance of the Laws of a whole Comunity, for its a Universal Maxim & must extend to all Political Constitutions Conventio priva- torum Juri Publico nunquam potest derogare ;" & its plain that Contracts of this nature fly in ye face of the Province & ye Legislature there, for whilest former Acts of Assembly approved by his Majty have declared in ye same manner as ye Act in question, that ye Bills of the Province shall have Credit & be current wth every private pson & shall be accepted in all Tenders whatever, These Contracts declare that they shall have no credit, shall not be currt & that a Tender & refusal of them shall not be a Legal paym! It can hardly be alledged at Comon Law that an obligor to a Bond con- ditioned for paymt in Foreign Coin (wth respect to New Jersey all money except ye currt Bills of ye Province must be deem'd foreign) shª not at ye day of paymt be at liberty to make Tender Moneta Legali Anglice, & that a refusal of such a Tender wd not
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amount to paymt, The Language of ye Reports & Lawbooks is quite otherwise, & in Daviss Reports p: 18 its expresly declared that if a ffeofmt upon Condition (or Mortgage) is made at a time when purer or more weighty Metal is currt, & before ye day of paymt, Coin of a baser Alloy is established by Proclama, ye Mortgagor shall be at liberty to make tender of ye baser Coin & shall be good, Tho' ye Contract was made while a more valuable Money was currt, & ye Creditor depended upon paymt in ye same Specie. The Law is by no means ex post Facto because former Acts as effectually establish'd ye Credit of ye Subsisting Bills & as much oblig'd all parties to accept them in Tenders as ye present; & if Contracts have been entd into since ye making of former Acts to ye exclusion of ye currt money of ye Province in paymts, such Contracts can hardly be thought valid & originally binding upon ye Obligor as they are directly opposite to ye Law of ye Province, & Quod contra Legam fac- tum est pro infecto habetur." This Clause of Tenders is merely declaratory of former Acts & of ye Law of New Jersey in other Cases, or rather ye Clause has no operation at all, since former Acts are still in being, & this Clause makes no new provision & does but express what former subsisting Acts had done before; what is imply'd in ye very consent of ye People by their Repre- sentatives to ye currency of ye Bills or in ye Authority of ye Legislature to give them a Credit & circulation: Expressio eorum que Tacite in sunt nihil operatur." The Clause cant be said to establish any new Contract between Man & Man or to release parties from Con- tracts they had entd into previous to ye act it self, but ye Obligees (doubtless from an Advantage over ye nec- essity of their Obligors) have obtained Bonds Condi- tiond for paymt in a particul" Specie to ye Exclusion of ye currt money of ye Province contrary to ye Law of ye Land to ye reason & nature of things And weh shd they once bind, must bring their Money into absolute dis-
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credit & (from ye great Scarcity of Silver, Gold & other Coin in the Province) throw ye debtor into inexpressible difficulties & make it impossible for him ever to dis- charge his Contract; the nature of ye contract remains the same (even upon supposition yt former Acts had not made ye same provision for Tenders as ye present) for ye Clause does not make a direct condition of the Bond collateral to ye Bond it self, It only requires yt Parties shall receive Lawful Money in Lieu of Lawful Money; that instead of 17. ounces 10 penny weight of Silver; they shall receive Six pounds equal to 17: ounces 10 penny weight of Silver & if this is to change ye nature of Contracts, then all Acts of Parliamt & Proclamas here that make foreign coin in ye current & Lawful money of ye Realm, change ye nature of pre- vious Contracts, for there can be no doubt yt a Tender of such money will be good in all paymts even of Stipu- lations before those Statutes or Proclama. If a refusal of these Bills in private contracts shª be allowed it must be destructive of ye Public Faith, & ye Medium of Commerce in yt Province, & render their credit wth ye Inhab's intirely precarious & uncertain.
Letter from James Alexander to Ferdinand John Paris-relating to the action of the Council of New York on questions affecting the boundary Line.
[From copies among the manuscripts of W. A. Whitehead, Vol. IV, compared with an original among the Paris Papers in N. J. Hist. Society Library, Bun - dle K, No. 8.]
To FERD. JOHN PARIS, ESQE LONDON
NEW YORK January 2ª 1755
Sir * * *
(Extract.)
* On the 17th of December the Council of New York broke Silence at last as to the many Applications and referrences to them and made
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ADMINISTRATION OF GOVERNOR BELCHER.
[1755
a Report, of which I immediately Demanded a Copy from M' Bangor Clerk of the Council but have not ob- tained it to this day-but I have been more Successfull with the printer and got some Copies from him % *
* * * whether I shall have time to make proper remarks on this Report before this Ship goes I know not, other than that they agree not to the pro- poseals appearing by the Orders to Coll. Van Camp of November 23ª last for the preservation of the Peace and Advise Vigorous Measures for Subjecting as much as they can of New Jersey to the Jurisdiction of New York, how far they would go they take care not to Limitt .- if whats thereby advised be attempted, there will be an actual warr upon the Borders which when once kindled God only knows the End of it the People of New Jersey near the Line are Convinced that they have a Just Cause and many of them will Soon Loose their Lives as give up their Estates to New York which they are Satisfied is the Consequence of Submit- ting to the Jurisdiction of New York, on the other hand the Majority of the People of New York near the Line believe that the Proprietors of Minisink and Wawganda * are in the wrong and abhor their proceedings and act only by Compulsion, and heavyly Complain of the oppressions they them- selves suffer by keeping up a Watch of 25 or 30 Men at Coll. Dekeys house and another Watch at Goshen Goal, from whence we have reason to hope that the People of New Jersey may make them repent the kindling of the Warr, if they Attempt it, as I believe they will.
* * * I am now growin Old and by the Course of Nature will before long be disabled to give the Proprietors of East Jersey such Assistance in their Affairs as I have done for many Years past, and when I shall be so, then the care of their Affairs (by
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what I now see) must Chiefly Devolve upon Gover- nour Morris1 and my Son.
We have talkt Severall times at the Council of Pro- prietors that you must be well Advanced in Years, and of the Difficulties they should be under were they De- prived of your Assistance in their Affairs and Espe- cially in this Differences with New York wherefore they would be well pleased you should give a handsome fee to some Gentleman you can Depend upon to take the Trouble to inform himself of what you know concern- ing their Affairs to assist You in case of Sickness and to supply your place in Case of other Disability, for we see little prospect of a speedy End to this New York Dispute, and if even a Commission were ordered at Equall Charge we are apprehensive that as long as our Antagonists can by the Assembly have Command the purse of the whole Province of New York against us that all blocks whatsoever will be laid in the way of a Determination in order finally to weary us out, and by some base Composition to prevail on us to give up great part of our Rights, which neither I nor any other (I believe) of the Proprietors has the least thought of doing because we are fully Satisfied of the Justice of intent we Insist on, which I believe the other side cannot with a good Conscience say.
X *
*
*
I am Sir Your most humble Servt
Ja: Alexander
1 Chief Justice Robert Hunter Morris was appointed Governor of Pennsylvania May 14th, 1754, and entered upon his duties in October of that year. See Penn Archives, Vol. VI .- ED.
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ADMINISTRATION OF GOVERNOR BELCHER.
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Circular letter from Secretary of State, Sir Thomas Robinson, to the Governors in America-notifying them of the King's intention to augment the Regi- ments in America.
[From P. R. O. America & West Indies, Vol. 74.]
WHITEHALL Janry 234 1755.
Circular to the Governors in North America. Sir,
The King, being determin'd that Nothing shall be wanting, towards the Support of his Colonies & Sub- jects in Nº America, has commanded me to signify to you His Majesty's Intention to augment the Regiments in British Pay (vizt not only Sir Peter Halkets, & Col Dunbar's but, likewise those, which are now employed in Nova Scotia,) to the Number of 1000 Men, each; to which End, you will correspond with Major General Braddock, or the Commander of the King's Forces for the time being, from whom you will receive Directions for the sending such Contributions of Men, as shall be wanting, and to such Places where the same shall be quarter'd, or employed, under his Command.
As there is, probably, a considerable Number of Per- sons, as well among the Natives of America, as among such Foreigners, who may be arrived there from dif- ferent Parts, particularly from Germany, who will be capable and willing to bear Arms upon this Occasion; the King does not doubt, but that you will be able by Care and Diligence, to effect this intended Augmenta- tion, and to defray the Charge of levying the Same from the Common Fund, to be established for the Benefit of all the Colonies collectively in Nº America, pursuant to His Majesty's Directions, signified to you, by my Letter, of the 26th of October last, for that pur- pose: And as an Encouragement to all such Persons
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ADMINISTRATION OF GOVERNOR BELCHER.
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who shall engage in this Service, it is the King's In- tention (Which you will assure them, in His Majesty's Name) that they shall receive Arms and Cloathing, at the King's Expence, and that they shall not only be sent back, (if desir'd) to their respective Habitations when the Service in America, shall be completed & ended, but shall be entitled, in every respect, to the same Advantages with those Troops which may be already raised in Consequence of your former Orders. I am &cª
T. ROBINSON.
Message of Governor Belcher to the New Jersey Assembly.
[From N. Y. Col. MSS. in Secretary of State's Office, Albany, Vol. LXXX.]
Gentlemen of the General Assembly.
Since the opening of this Session I have received the following Letters from Mr. Shirley Gov' of His Maj- esty's Province of the Massachusetts Bay in New Eng- land dated Boston Feb' 7: 1755. & another from Mr. De- Lancy L Gov: of His Majesties Province of New York dated Feb". 22ª 1755. both of them enclosing the sev- eral Acts of those Provinces for prohibiting the Ex- portation of Provisions &": to any of the French Colo- nies in America in this time of imminent danger from the French & which I think are so prudent & reasona- able that I have no doubt of your readily falling into an act of the same Nature.
And further I hope you will by an Addition to the Militia Act enable me to send a good number of men to New York f r their Assistance & Relief in Case they should be attak'd by the French who if they should succeed in it will soon make a Prey of this Neighbouring Province
J. BELCHER.
ELIZA TOWN Feby: 26: 1755.
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Action of the Assembly thereon.
Ordered that M' Johston & M' Holmes do wait on his Excellency & acquaint him that this House hav- ing taken the important Matters recomended in his Excellencys Message of the 26: inst: Into their most Serious Consideration are of Opinion that if the City of New York shou'd be attack'd by the French His Ex- cellency may by a legal Construction of the Militia Act now in Being "send a good number of men for their Assistance and Relief," not only from the words of the Act but from the Reason of the thing it being certain that if such an Invasion should succeed, it must greatly affect the Inhabitants of this Province who are therefore in several parts as actually Interested in op- posing such an Invasion as if it was attempted on some part of this Province
And that as to the Article relating to the Prohibition of Provisions &cª: This House had before they re- ceived: His Excellencys Message gone into the neces- sary Measures for making an effectual Bill for the Purposes recomended which with the other Bill that we have passed this Session we hope may receive His Excellency's Assent when laid before Him.'
By Order of the House ABRM CLARK, JUN, CIk.
Feb' 27: 1755.
The Bill at length is on record in Secretary of State's Office at Albany, Vol. LXXX.
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Memorial of Richard Partridge to the Lords of Trade, relating to the New Jersey Bill for Emit- ting £70,000 in Bills of Credit, etc.
[From P. R. O. B. T. New Jersey, Vol. 7, H. 61.]
To the Lords Commissioners for Trade & Plantations
The Memorial of Richard Partridge Agent for the Colony New Jersey humbly Sheweth
That your Memorialist begs leave further to lay be- fore you the following Observations relating to the New Jersey Bill for emitting £70,000 in Bills of Credit which the Assembly of the said Colony conceived to be as nearly conformable to the Terms of the Royal In- struction sent over to their Governor last year for issu- ing £60,000 as they could well come into.
That the principal Objection which your Memorialist humbly apprehends to the passing the present £70,000 Bill is, that the Bills of Credit are thereby to be made legal Tenders in payment contrary to the said Royal Instruction, & which according to a Resolution of the House of Commons of the 25th April 1740 is "Declared "to be a frustrating the Act of the 6th of Queen Ann "for ascertaining the Rates of Foreign Coin in the "Plantations and to have been a great discouragment "to the Commerce of this Kingdom by occasioning a "Confusion in dealings & a lessening of Credit in "those parts &c.
In answer to which your Memorialist conceives that unless the Act for the Emission now prayed for be made as to the said Bill Stands with the condition in it as usual for the said Money Bills to be lawfull Tenders in payments there will be little or no probability of their being lent out on the Security of the Lands
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which is to be double the Value as it is Stipulated by the Act, or if there should; yet on the Terms of the said Bills being restrained as not Legal Tenders, it will tend greatly to depreciate their value & consequently make a wide difference in the Exchange much exceed- ing what can be imagined, and quite defeat the good purposes intended by the Act, & will not only be a great discouragement to the Inhabitants there, but prejudicial to the British Merchants here, who Trade to those parts
That the aforesaid Resolution of the House of Com- mons was very probably come into merely on the great Complaints there were at that time against the four Colonies of New England when the difference of Ex- change on their Money bills arose to a very extrava- gent Rate; for altho' the accounts of the State of Paper Currency of all the Northern Colonies were called for by Parliament, yet in looking over the Votes about that time, it appears there was a petition to the House of Commons from Fra& Wilks & Chre Kilby the Massachusetts Agents representing the distressed Con- dition that Province was in for want of a New Emis- sion on diverse occasions, praying to be heard in relation to the State of the paper Currency before the House came to any Resolution therein, and that one of them was examined at the Bar accordingly; But there was not the least Complaint against Pennsylvania or New Jersey on that head whose Money Bills were always of such Credit that their Exchange scarce differ'd 40 p Cent in forty Years, neither was there then any opposition to the proceedings of the House by either of the said Provinces by Petition or other- wise, and therefore is humbly hoped from the known Justice of the House of Commons that they would not intend by their said Resolution to envolve the Inno- cent with the Gilty especially without hearing them in their defence.
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That it is presumed the Bills of Credit of New Jersey are of equal Credit & Reputation & maintained as in- avariable a Currency as those of Pensilvania in all respects, which is a fact acknowledged by every body whom your Memorialist hath conferred with ac- quainted with those Provinces, -& it is further evident that the aforesaid Resolution of the House of Com- mons in 1740 could not properly, or in any Degree affect New Jersey as to the following words mentioned therein viz That the said Bills of Credit have been a great discouragement to the Commerce of this King- dom by occasioning Confusion in delays and lessening of the Credit in those parts. For that the Merchants themselves here in London Trading to Pensilvania &cª in their Petition to the House of Commons incerted in the Votes of the 22d March 1748 say expressly (among other matters) "That such paper Bills (meaning Pen- silvania Bills) "having been issued there in an advan- "tageous manner and under real Security, & the Fund "not misapply'd, the Petitioners apprehend the same "have greatly Contributed not only to the settling of "that Colony, and to the Convenience of People there "as a Medium in dealings amongst themselves, but "have also enabled them to send hither their Gold & "Silver, & thereby to enlarge their Trade with this "Kingdom, and to take off much greater quantities of "Goods and Manufactures from hence then otherwise "they could have done, & that the said paper Bills "have not as the Petitioners conceive been Injurious "to any person whatever."
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