USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 29
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And moreover it is humbly apprehended that the said Resolution of 1740 ought not now to affect either of the said two Provinces because when the State of the paper Money in the Northern Colonies came under their consideration in the year 1748 & 1750 the House of Commons after a more Strict Examination of that Affair in general, they did not fault either of the said
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provinces of Pensilvania or new Jersey in the least, but in 1750 passed an Act to Regulate and restrain paper Bills of Credit & to prevent the "same being "legal Tenders in payments of Money; Confirming the "said Act of the four new England Governments only "viz the Massachusetts, New Hamshire, Connecticut, "and Rhode Island."
That as an other Condition in the said Instruction to the Governor that the Interest arising from Loan of the Bills should "during their Continuance be appro- " priated to all the Established and contingent Services " of Government, and be issued by warrant from the "Governor and Council only."
To which your Memorialist would observe that altho the Appropriation of the said Interest money be not mentioned in that manner in the present Bill yet the same is all appropriated for Public Services of the Colony; And that the said established and contingent Services of Government, such as paying the Governors Salary & house Rent, as also the Salaries of the Judges, the Council the Attorney General, the Treasurer, the Several Clerks, their Agent &cª all which amount to be but about £3000. Currency must undoubtedly of Course be raised by a particular Act by it self, as was done in the 26th year of the present King which com- menced from the 21. of November 1752 & ended the 21 of May 1754-And respecting the warrants for issu- ing the Money for the said Contingent Services to be from the Governor and Council only.
Your Memorialist humbly hopes that the Assembly shall not now be abridged of the Priviledge which they have all along hitherto enjoy'd in that respect of hav- ing a Share in the Disposition of the publick Money ever since the Resignation of their Charter to the Crown, Especially in as much as it appears by a Re- port of the Lords of Trade dated 2 Oct", 1701. To the then Lords Justices, that part of the Terms proposed
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in the Surrender are "for securing to the proprietors "and Inhabitants all their properties & Civil Rights in " as full and ample manner as the like are enjoyed by "any Plantation under Governors appointed by his " Majestys imediate Commission."
That as to the other Condition proposed by the said Royal Instruction for Transmitting a Draught of the Bill before the Governor be allowed to give his assent to it; It is complied with accordingly by the Bill now laid before you at the Board.
That there is a present urgent necessity which the Colony is under for raising a Supply to answer what has been demanded of them by the Royal Order Signi- fied to the Governor by the Earl of Holdernesses Let- ter and considering the Assemblys chearfulness in a grant to the Crown of Ten Thousand pounds for that purpose-And that this is the only practicable Method of raising the Money, as also for carrying on Trade to encourage a Spirit of Industry amongst the people to enable the Inhabitants to go on with the improvements of their Lands, pay their Taxes to the Government, and their just Debts for the British goods & Merchan- dize which are consumed among them. That the present Troubles in those parts call aloud for an im- mediate public Supply-& that there is not now time to send over for any alteration in the Bill.
Your Memorialist therefore humbly prays in behalf of the said Colony of New Jersey that you would be pleased to Commiserate their Case & to report on the said petition to the King in favour thereof as the said Bill now stands for his Royal Approbation
All which is humbly Submitted
RICH? PARTRIDGE
LONDON 3.ª mo: or March 17th 1755
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Representation from the Lords of Trade to the King, upon the Petition of the House of Representatives of New Jersey.
[From P. R. O. B. T., New Jersey Entry. Vol. 15, pp. 437-442.]
TO THE KING'S MOST EXCELLENT MAJESTY.
May it please your Majesty,
We have lately received from M' Richard Partridge Agent for your Majesty's Colony of New Jersey, a Pe- tition of the House of Representatives of the said Colo- ny to your Majesty, humbly setting forth the Reasons for which they have thought it inexpedient to frame a Bill for emitting Sixty thousand pounds in paper Bills of Credit, conformable to the Plan prescribed in the Instruction given by your Majesty in April last to your Governor of the said Colony, and humbly pre- senting to your Majesty the Draught of a Bill which they have prepared for making current the sum of Seventy thousand pounds in Bills of Credit, and pray- ing that your Majesty would be graciously pleased to signify your approbation of the said Draught, and per- mit your Governor to enact it. We therefore humbly beg leave to lay before your Majesty the said Petition and Draught of a Bill, and at the same time humbly to represent to your Majesty thereupon,
That in your Majesty's Instruction to your Governor of New Jersey, by which your Majesty was graciously pleased to allow him to assent to an Act for emitting Sixty thousand Pounds in Bills of Credit under cer- tain Regulations therein prescribed, the principal Points in View were,
1st To Take care, that such Emission was made con- formable to the Sense of Parliament, with regard to such Bills not being declared to be legal Tenders, so
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fully expressed in the Resolution of the House of Com- mons of the 25th day of April 1740, and in the Act passed in the 24th Year of your Majesty's Reign for re- straining Paper Bills of Credit in the four Colonies of New England.
2do To secure to the Province during the Continu- ance of such Paper Bills a certain Establishment for the ordinary Support of the Government, which was one of the principal purposes for which this Emission was represented to be necessary.
The Assembly however in framing this Bill, tho' fully apprized of your Majesty's Directions to your Governor, have not thought it adviseable to make it conformable thereto; The Bills being, by the express words of the Act, declared to be legal Tenders in all Payments; and the whole of the Interest, except what is applied to discharge a Debt incurred on account of the expeditions to Canada and Cape Breton in the year 1745 and 1746, (which debt was provided for by a Fund establish'd by a former Law, which this Bill if enacted would repeal, ) is directed "to be applied here- "after by the Governor Council and General Assem- "bly for the defence of the Frontiers of this and the "neighbouring Colonies on the Continent of America."
We cannot however omit observing to your Majesty, that the Assembly have in one part of this Bill shewn a proper Sense of their Duty and attention to your Majesty's Commands, by directing the Ten thousand pounds proposed to be emitted over and above the Sixty thousand pounds allowed by your Majesty, to be applied, " as your Majesty shall direct for dispossess- "ing the French from your Majesty's Lands on or "near the River Ohio, and for keeping Possession of "the same."
How far this circumstance may in the present situa- tion of affairs in North America induce your Majesty to permit your Governor or to assent to a Bill, so con-
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trary in every respect to the Direction of your Majes- ty's aforementioned Instruction to him, must be hum- bly submitted to your Majesty.
Which is most humbly Submitted.
DUNK HALIFAX J: GRENVILLE JAMES OSWALD R. EDGECUMBE
WHITEHALL March 19th 1755 Exª
Representation from the Lords of Trade to the King- recommending Thomas Pownall, Esquire, as Lieu- tenant Governor of New Jersey.
[From P. R. O. B. T., New Jersey, No. 15, Ent. Book D .. p. 443.]
TO THE KINGS MOST EXCELLENT MAJESTY.
May it please your Majesty,
Jonathan Belcher Esq Governor of Your Majesty's Province of New Jersey being very Old and infirm, and there being no Person upon the Spot appointed by your Majesty to be Lieutenant Governor of that Pro- vince, or any Person properly qualified to take the Administration of the Government in case of the Death of your Majesty's said Governor, We humbly beg leave to propose that Thomas Pownall Esq! ' may be appointed Lieutenant Governor of your Majesty's
1 Thomas Pownall, of Everton House, Bedfordshire, was son of William Pownall, Esq., and was born in 1720. He came first to America as Secretary to Sir Danvers Osborne, in 1753. He returned to England in 1755, and through the influence. it is presumed, of his brother, the Secretary of the Lords of Trade, was appointed Lieu- tenant-Governor of New Jersey, with a view to his succeeding Governor Belcher ; but as he did not die as soon as was expected, Mr. Pownall was, in 1757, appointed Governor of Massachusetts, to succeed Governor Shirley. Governor Belcher, how- ever, died the same year, and as Deputy-Governor, Mr. Pownall visited New Jersey in order to assume the government of the province, by virtue of his commission con- ferred in 1755, but as he found it impracticable to retain the administration of both
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said Province of New Jersey, he appearing to Us to be a person every way qualified to serve your Majesty in that Station.
Which is most humbly submitted.
DUNK HALIFAX J: PITT
FRA: FANE
R: EDGCUMBE
J: GRENVILLE
JA: OSWALD Exª
WHITEHALL April 22ª 1755
Letter from Governor Belcher to the Lords of Trade- transmitting several public documents.
[From P. R. O. B. T., New Jersey, Vol. 8, I. 7.]
TO THE LORDS OF TRADE
ELIZA TOWN (N J) April 28: 1755
My Lords
I find I did myself the Honour, of writing your Lordships 28: of Dec" last past, inclosing Particular Answers to sundry Queries, Your Lordships had sent, relating to this Province, which Letter I hope Your Lordships have rec, to which, & to many others pre- ceding: I shall esteem Your Lordships Answers, at your most convenient Leisure.
In Febru" last I call'd the Assembly of this Province together again, & laid before them, the pressing Ne- cessity, of their Joining with the other Provinces, for
provinces at the same time he returned to Boston. He was subsequently, in 1759, nominated Governor of South Carolina, but it does not appear that he ever entered on the duties of that office. He became a member of Parliament, and filled at different times, several prominent positions. Governor Pownall possessed great knowledge of the geography, history and politics of the several American Colonies and wrote several works bearing thereupon. He was a member of several learned societies, and a contributor for many years to the "Gentlemen's Magazine," prin - cipally of papers relating to archeology. He died at Bath, England, on the twenty- fifth day of February, 1805, in the eighty-fifth year of his age. Dr. E. B. O'Cal- laghan, N. Y. Col. Docts, Vol. VI. p. 1009; Force's Amer, Archives, 4 Series I, pp. 74, 1600; Minot's Massachusetts, etc .- ED,
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[1755
driving the French from their Incroachments, on His Majesty's Territories, on this Continent, and I have now the Honour of covering [conveying] to Your Lordships, the Particulars of what Pass'd in the s. Session. * * * * *
These things, My Lords, will inform you Particu- larly of the Publick Transactions, of this Governmt, to that Time, & by which Your Lordships will see, the Assembly still insisted to have an Answer, to their Petition, & Bill they sent to be laid before His Majesty, before they wou'd take any Steps of Aid and Assist- ance, with the rest of the Colonies, respecting the French Incroachments, already mentioned; I wou'd therefore humbly Pray Your Lordship, that there may be a particular Answer, in that Matter, as soon as Your Lordships can conveniently do it.
These things, notwithstanding, I am glad to tell you, that in the Session I have lately held for about eigh- teen days past, this Legislature has come into an Act for raising five hundred men, at their own Charge, & to be under the direction of his Excelly: General Brad- dock, & I hope to have the men ready to march, some time the next Month, under the Command of Col! Peter Schuyler, a very Worthy Gentleman, & on all hands agreed to be the most capable of such a Service, of any man in this Province.
And Your Lordships may depend, I shall leave no Stone unturn'd, for giving the necessary dispatch, in all things, for His Majesty: Honour and Interest, on this Emergency.
I have ordered the Secre to prepare all things, as soon as may be, relating to this Session, that I may transmit them to Your Lordship, to whom, I have the Honour to be, with great Respect.
My Lords,
Your Lordships Most obedient and most humble Servant
J. BELCHER
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Letter from Governor Belcher to Sir Thomas Rob- inson, Secretary of State-informing him of the action upon several letters received from him.
[From P. R. O. America & West Indies, Vol. 68.]
ELIZA TOWN (N J) April 30 1755
SIR THOMAS ROBINSON
Sir,
Since mine of the 17th of Dec", I rec. the Honour of your severall Letters of Nov! 4:, Dec! 31:, and two of Janua! 23: last past, the first via Virginia in favour of Sir John S: Clair, whom the King has been pleas'd to appoint, deputy Quarter-master Generall, of His Forces in N. America, & have in Conformity to the Kings Pleasure, given S. John, the Assurance of aiding and assisting him, in the Execution of his duty for the King: Service.
Your two last letters I recd by hands of Gov' Shirley, with the Printed Copies of the mutiny Bill, pass'd last Year, & the Articles of War founded thereupon, to- gether with Copy of a Clause inserted in the mutiny Bill, by Parliament, this Session, enacting that all Troops in America, whilst in Conjunction with the British Forces, under the Command of an Officer Bearing His Majesty: immediate Commission, shall be liable to the same martial Law and Discipline, as the British Troops are.
I take a very particular Notice, & (as all the Colo- nies ought to do,) with the highest Gratitude, that the King has determind that nothing shall be wanting, towards the Support of His Colonies & Subjects, in N. America to which End His Majesty intended to aug- ment the several British Regiments, in these Parts, to one Thousand men each, in answer to this, I am oblig'd in duty & Fidelity to His Majesty to say, that in This
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Governm where I have the Honour to preside, there is no Money raised for defraying the Charge of the Augmentation, of the British Regiments, the King is so graciously inclined to; nor is there any Likelyhood of the Assembly's raising any Money here towards a Common Fund, till they have rec! an answer to a Pe- tition sent to His Majesty in Nov! last, and of which I have before wrote you; nevertheless if any of the British Officers, apply to me, I shall give them Beat- ing Orders, throughout this Province, on this head.
And I am glad, S., to inform you that in a Session of the Assembly of this Province, held a few Days ago, I prevailed upon them to raise a Regiment of five hun- dred men, at their own Expence, to join with the rest of the Forces raised in these Colonies, for assisting in the General Operation, for His Majesty: Service, in the ensuing Summer .- & I shall go on, diligently pur- sueing His Majesty: Honour & Interest, to the utmost of my Power, in this Governm: - I am with the greatest Deference and Respect,
Honourable Sir, Your most Faithfull,
most obedient & most humble Servant
J BELCHER
Commission of Thomas Pownall, Esq., as Lieutenant Governor of New Jersey.
[From P. R. O. B. T., New Jersey, Entry. Vol. 15, p. 444. ]
BY THE LORDS JUSTICES.
To Thomas Pownall Esq!
Greeting .- We being well inform'd of your Loyalty, Courage and Prudence do by these Presents, in His Majestys Name, constitute and appoint you to be His Majesty's Lieutenant Governor of the Province of Nova Caesarea or New Jersey in America; To have,
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hold, exercise and enjoy the said Place and Office dur. ing His Majesty's Pleasure, with all Rights, Privileges Profits, Perquisites and Advantages to the same be- longing or appertaining: And further in case of the Death or Absence of His Majesty's Captain General and Governor in chief in and over the said Province of New Jersey now and for the time being, We do hereby, in His Majesty's Name, authorize and im- power you to exercise and perform all and Singular the Powers and Directions contained in His Majesty's Commission to His said Captain General and Governor in Chief, according to such Instructions as are already sent or hereafter shall from time to time be sent unto him, or as you shall receive from His Majesty and from His Captain General and Chief Governor of His Majesty's said Province of New Jersey now and for the time being: And all and Singular His Majesty's Officers and Ministers and other His Majesty's loving Subjects of the said Province whom it may concern, are hereby commanded in His Majesty's Name to take notice hereof, and to give their ready obedience ac- cordingly.
Given at Whitehall the [13th] day of [May] 1755 in the Twenty Eighth Year of His Majesty's Reign.
By Command of the Lords Justices.1
1For a summary of Mr. Pownall's public career, with references to authorities. of Mr. O'Callaghan, see New York Col. Documents, Vol. VI, p. 1009.
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The Lords of Trade to the Lords Justices - relat- ing to the boundary line between New York and New Jersey.
[From New York Col. Documents. Vol. VI. p. 952.]
To their Excellencies the Lords Justices
May it please Your Excellencies
We have had under our consideration, an Act passed by His Majty's Province of New York in December last, intituled:
"An Act for submitting the controversy, between the Colonies of New York and New Jersey, relating to the partition between the said Colonies to the final de- termination of His Majesty" --
And having been attended by M' Charles Agent for the Province of New York, and by M' Paris Agent for the proprietors of East New Jersey, and heard, what each party had to offer upon this Act, we beg leave humbly to represent to your Excellencies:
That the controversy between the provinces of New York and New Jersey, concerning the true boundary line between them, from which this Act takes its rise, has subsisted many years, and various Acts and pro- ceedings have at different times been had, and done thereupon, with a view to ascertain this boundary, but without effect. In the year 1748, the Legislature of New Jersey passed an Act, entitled:
"An Act for running and ascertaining the line of partition and division betwixt this Province of New Jersey and the province of New York "-but it appear- ing to us, upon a consideration of this Act after hear- ing of the parties interested by their Counsel, that the proceedings on which it was founded, being not war- ranted by His Majty's Authority, it could not be effectual
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ADMINISTRATION OF GOVERNOR BELCHER.
to the ends proposed by it, and the object of it being to set up an ex parte determination it would be unjust: we did in our representation of the 18th of July 1753, humbly lay it before his Majty for his Royal disallow- ance, humbly offering it as our opinion, that the only method, by which the matter in dispute could be prop- erly and effectually decided, would be, a Commission to be issued by His Majesty for that purpose.
It appears from the letters and papers, which we have since received from the Governors of New York and New Jersey, that great outrages have from time to time been committed on the frontiers of the Two provinces, to the prejudice of His Majty's service and the disturbance of the public peace: and although va- rious propositions have been made by persons author- ised on both sides, for determining the controversy, yet none of them have had effect, nor is there any room to hope that the parties interested will concur in any effectual measure for deciding the dispute.
The Act, which we now humbly lay before your Excellencies appears to us to be liable to several ob- jections: it is improper as the method of determination which it proposes is unusual and contrary to the con- stant practice in cases of the like nature: questions of disputed boundary, whereby private property may be affected, having never been determined by the Crown in the first instance but always by a Commission from His Majety with liberty to all parties which shall think themselves aggrieved by the Judgement of the Com- miss's, to appeal to His Majty from their decision. It is also improper, because, altho' the very object of the Act is to submit the matter in dispute, as far as pri- vate property is concerned, to the determination of His Majty yet, it previously ascertains in some degree the limits of private Right and property, by declaring that certain patentees, therein mentioned shall not ex- tend their claims beyond a limit therein described; and
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if it was not liable to these objections, yet it would be ineffectual, as the Proprietors of New Jersey, have not consented to the method of decision therein proposed. For all which reasons we humbly beg leave, to lay the said Act before your Excellencies, for your Excellen- cies disallowance
We beg leave further to represent to your Excellen- cies, that it appears to us to be of the greatest impor- tance to the peace and tranquility of the two Provinces, that some certain line of property and Jurisdiction should be speedily settled between them, which, as we conceive, can only be done by a Commission to be is- sued in the same manner and under the same regula- tions as that issued in the year 1737, for running the boundary between the Provinces of the Massachusetts Bay and New Hampshire, with liberty to either party who shall think themselves aggrieved, to appeal to His Majesty in his Privy Council. The Agent for the Proprietors of New Jersey declared himself willing to concur in this measure, and has offered to give ample security, that the said Proprietors shall and will defray one half of the expence of such a Commission, but the Agent of New York, not being authorised by his Con- stituents has declined entering into such an agreement. We would therefore humbly propose to your Excellen- cies, that an additional Instruction be given to His Majty's Gov! of New York directing him to recommend it to the Assembly of that province to make provision for defraying one half of the expence of obtaining and executing such Commission, as aforesaid, whenever his Majty shall be graciously pleased to issue it
All which is most humbly submitted
DUNK HALIFAX J GRENVILLLE JAMES OSWALD FRAN: FANE
WHITEHALL, June 12 1755.
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Letter from Governor Shirley, of Massachusetts, to Secretary Sir Thomas Robinson. [From N. Y. Col. Docts., Vol. VI, p. 953.]
BOSTON, NEW ENGLAND, June 20th 1755 (Extract.)
Sir * *
After I parted with the Gen- eral [Braddock in Virginia] I found from the defici- ency of Sir William Pepperell's levies that there was no prospect of his raising more than 600 men by the time, that the troops destin'd for Niagara must begin their march, and as two of the Companies of his regi- ment were order'd to be posted at Oswego upon an expectation that the French would attack it which will reduce them to 1400 men, and that force would in the general opinion as well as my own be too weak an one to secure the pass at Niagara; on my return thro' the Government of New Jerseys, I apply'd to the Assem- bly there, which was then sitting to permit the Regi- ment of 500 men which they had lately voted to raise for the expedition against Crown Point, to join their forces under my command in the reduction of Niagara, and prevail'd with them and Gov" Belcher to pass an Act for that purpose, by which means my troops were augmented to 1900. * * % * *
I am with the greatest regard Sir
Your most humble and most obedient servant
W. SHIRLEY.
The Right Honourable Sir Thomas Robinson one of His Majesty's Principal Secretaries of State.
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Letter from Governor Belcher to the Lords of Trade- transmitting public documents and a letter from Captain Bradstreet.
[From P. R. O. B. T. New Jersey, Vol. 8, I. 9.]
Right Honble Lords Commiss's for Trade & Plantns
My Lords
My last was on the 28: of April, the Original by way of N: York, and its Duplicate by way of Phila, carry- ing in it all the Particulars, relating to this Govern- ment, to that Time, & which I hope your Lordships will duly receive.
Since that, (although many Ships are arrived from London, ) I have not had the Honour, of any of your Lordships, but which I hope I may, at Your own con- veniency. I now cover to Your Lordship, what has lately occur'd in this Legislature. * * * *
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