USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 3
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J BELCHER
Message from Governor Belcher to the Legislature of New Jersey.
[From Belcher Papers in Library of N. J. Hist. Soc.]
Gentlem of the Council & of the General As- sembly
You are well knowing that it is now going on of three years since any Supply of money has been made to the Treasury of the Province and which you must be sensible is a great dishonour to His Majesty's Gov- ernmt as well as a great hardship on all those that have demands upon the Province and the longer things Continue in such a situation it must necessarily bring on a greater weight of Tax upon the good people of the Province.
My Duty therefore to the King together wth a Ten- der regard for those Committed to our Care and my Concern that the Officers with all the other Creditors of the Province may have Justice done them require your more frequently meeting than I cou'd otherwise wish.
Gentlem of the General Assembly
To prevent for the future the danger & difficulties weh must be the Consequence of what I have said I hope you will diligently apply yourselves to the pass- ing of a Bill for the Support of Government and for the payment of the publick debts and another Bill for the laying a Tax for raising money to Answer those good purposes.
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ADMINISTRATION OF GOVERNOR BELCHER.
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Gentl' of the Council & of the general Assembly
I hope you are now come together with a publick spirited resolution to become p'fect strangers to any Animosities or differences among yourselves in the Articles I have laid before yo but that you will proceed in all your debates and Considerations with a single Aim at the Welfare and prosperity of the Province web will render y' worthy of the honour of being call'd the real Father of y' Country.
I Belcher
P. AMBOY Jan 28 1752
Letter from Robert Hunter Morris to the Lords of Trade-relating to the Constitution of the Council of New Jersey.
[From P. R. O. B. T., New Jersey, Vol. 6, G. 99. |
Letter from Robert H. Morris Esq' Chief Jus- tice of New Jersey to the Lords of Trade dated London Jan'y 30th 1752 relating to the State of the Council in that Province and the persons recommended by him.
London Jany 30th 1752 My Lords
With this I take the liberty to send Your Lordships the Printed Votes of the Assembly of New Jersey in their last Sessions, extracts of the Journalls of the Council in their Legislative capacity, some Clauses of
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a Bill calld the Support Bill, proposed by the Assembly and some amendments made thereto by the Council.
I find in the votes of the Assembly of October 23ª, a Memoriall from about four hundred and thirty of the inhabitants of the western Division; Setting forth, That by unalienable Privileges granted by the Pro- prietors to their forefathers, By the terms made at the surrender of the Proprietary Government, and By the Kings Instructions, they were entitled to have an equall number of Councillors for each of the Divisions of the said Province; That of late but four out of twelve had been appointed for the western Division, That the places of two of those becoming vacant were filld by two Gentlemen of the Eastern division, and Desiring the Assembly to Interpose .- Upon this Mem! Your Lordships will give me leave to observe. That the num- ber of signers (tho' great Pains were taken to have as many as possible) are not a twentyth part of the men in that Division .- That as to the unalienable Privi- leges I am extreemly at a Loss to know what they Mean, never having heard of any such during the Course of My acquaintance with the Affairs of that Province. Indeed, the Proprietors of both the Prov- inces of East and west Jersey, thinking they had all the Powers of government in themselves, undertook by Instruments in writing to form Political Constitu- tions for their Respective Provinces; but those forms were so defective in themselves, and not being at all Calculated for the government of a people, so turbu- lent and factious as those of New Jersey have ever been, did not answer the end proposed, for many dis- putes arose Concerning the Right of Government, which were Carryd to a great highth, and made that Country a scene of confusion & Rioting for many years before the surrender, in so much, that the Crown was about to interpose and seize the Government into its own hands, as the Proprietors were not only inca- pable of Carrying it on, but had divided & subdivided
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it in such a manner as gave room for endless conten- tions; and it was to prevent such Interposition that they made a surrender of all their Powers of Govern- ment to the Crown, reserving to themselves and those claiming under them, only the soil and what properly appertained to it .- Immediately upon the surrender, the two Provinces of East and west Jersey, were united into one Governmt, of which they became the two divisions, but the Line of Property-between em was then unsettled, tho a deed for that purpose had been long before Executed by the Prop's; Yet as an Act of the Legislature was necessary to adjust that matter, It was Judged proper that the members of the Councill and Assembly, should be drawn equally from both the divisions, that no Injustice might be done to either in the settlement of that Line, and this it was that induced the crown to direct, that the members of the Assembly should be equal for each division, and that an equall number of men should be recommended for Councillors, and while that reason subsisted, the equallity was kept up in the Councill, as well as in the Assembly; But in the year 1719 an Act was passd for running and Ascertaining the Line of Partition be- tween the Eastern and Western divisions of New Jer- sey, which is extremely full, not only for settling that line, but every dispute that can arrise concerning it, or between the two divisions; and as that act has Re- cieved the Royall Approbation, nothing now remains to be done in that Province, that Can make an equall division of the Legislature necessary; and from that time, the governors have recomended Councillors, without much regard to the places of their residence, and as no inconveniency has ever arisin, or indeed can arise from this practice, so no Complaint has ever been made, till this now under Consideration, and it is plain that this took its rise from the disappointment of the Gov. and the two men he had recomended .- But further,-His Majestys Instruction is that the Gov"
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shall return the names of twelve persons that he es- teems best qualified for Councillors, whereof six are to be of the Eastern, and six of the western Division; but tho' this Instruction may be obligatory on a Gov", yet it can by no means be esteem'd binding on his Majesty, or be Construed to tie him down to appoint those only so return'd, or an equal number in each division, when the reason for that equallity has been so long at an end .- But, should it be thought the Royall intention to have an equall Number of Councillors for each Division, that Intention I humbly concieve is not broke in upon by the Late Appointments, as suggested in the Mem! there being at this time no less than seven Councillors of New Jersey, qualified to be members for the western Division, Viz. John Reading, John Rod- man, Richard Saltar, Thomas Leonard, James Alex- ander, And" Johnston, and myself, the four first have not only estates in that Division, but Actually Reside there; M' Alexander and myself have large freeholds in that division, as well as the other, and at present reside in Neither, which makes no Difference, as every man is in Law an Inhabitant where his freehold is; and And" Johnston tho' he resides in East Jersey, yet is he a Considerable freeholder and one of the Gen1 Proprietors of the western Division.
By the Journalls of the Council I find Gov" Belcher has Refused to Admit M' Ashfield of the Council for that province, for some expressions he is said to have used concerning the Kings Laws ; upon which I beg leave to say, that when I had the Honour to recom- end M' Ashfield to your Lordships for that station, I esteem'd him a man firmly Attachd to his Majestys person and government, of good life and Character, and over that would steadily support the Authority of the Crown, against that turbulent and factious spirit so prevalent in that Province; and I am still in hopes upon a full enquiry, he will Appear to be the Man I have represented him; As to the Matter laid to
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his Charge he positively denys it, and I take the Liberty to lay before your Lordships several Affidavits relating to that affair, and Humbly submit the whole to Your Lordships Consideration, with only observing, that it may be of dangerous consequence to Counte- nance, a Gov' in a disobedience to his Majestys express and positive Commands, Let his reasons for it be what they will; for, if a Gov! has a right to Judge of the fitness, or unfitness of the Royall orders, and to exe- cute 'em or not as he thinks proper, the people there Cannot have the benefit of his Majestys Justice, further than a Gov! pleases, which will be depriving them of what they Justly esteem their Greatest Se- curity .- Had M' Ashfield been convicted of what he was only Accused, it might have been a good reason for suspending him after Admission, but the bare Ac- cusation of a rash expression, used (if at all) when provoked, and probably when in drink, without any Previous enquiry, seems to be hardly sufficient to Jus- tify a disobedience to his Majestys Positive Command. His Excellency is Pleased to be very Angry with the Councill, for desiring him on this Occasion to shew what powers he had, that gave him a right to dispense with the Royall orders. But as the Council are a Branch of the Legislature, as well as a Court of Er- rors, and have a right to the Assistance of those per- sons that the King appoints, they must in Consequence have a right to know why such persons are hinderd from giving that assistance, And notwithstanding his Excellencys warmth in this Affair, I imagin the Council had a right to go much greater lengths than they did, as it is a doubt how far their acts are good, either in their Legislative or Judicial Capacity, while any of their Members are hinderd from Assisting.
Your Lordships will observe in the Journalls of the Council as a part of the Legislature, (which are pub- lick and to which every body has a right to have 3
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recourse) there is enterd at large a paper sent them by the Governor, which appears to be the Resolutions of a Committee of his Majestys Council, upon a Report from your Lordships Board relating to the Affairs of New Jersey, This paper I find has been sent not only to the Governor, but to the Assembly, and has got into the Hands of the Rioters, who esteem it no less than a determination of the Kings Ministers in their favour. And it has so elated the Assembly, that in the bill pro- posed by them for the support of the Government, they put severall clauses in favour of the Rioters, and not only deny'd the Councils right to Amend that Bill, but tore the Amendments from it, and Applyd to the Governor to pass the Bill without the Councils con- sent; which is going greater lengths, than even a Jersey Assembly ever Attempted to go before.
I thought it my Duty to lay these Matters before Your Lordships, and Have the Honour to be My Lords Your Most Obedt And Most Humble Serv' ROB? H: MORRIS.
Memorial from Richard Partridge, Agent for New Jersey, to the Lords of Trade-relative to the state of the Council in that Province.
[From P. R. O. B. T. New Jersey, Vol. 6, G. 94.]
To the Lords Comm's for Trade and Planta- tions
The Memorial of Richª Partridge Agent for the Province of New Jersey
Humbly Sheweth
That the Soil & Governm' of the said Province were granted by K: Charles the Second to his Brother James Duke of York & by him to John Ld Berkeley & S' Geo.
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Carteret & by them to under Proprietors who entered into concessions and agreements with the first Setlers and for certain considerations granted them divers Unalienable Privileges by virtue of which our fore- fathers were induced at a great hazard & expence to cultivate & Improve this then Wilderness Country That the Province becoming very early by an Agreemt between the Proprietors two distinct Governments by the names East & West New Jersey each wth a sepa- rate Governor, Council and Assembly and with differ- ent priviledges Independent on each other as such were separately cultivated & improved under different Gov- ernmts & Interests & continued in this situation many years
That in the Year 1702 by an Agreement among the Proprietors of each Division the Powers of Governmt were Surrendered up to the Crown but the Privileges the Proprietors had in virtue of the right of the Crown conveyed to the first setlers remained, And were con- firmed to them and their Posterity, And the said Prov- inces became united under one Goverment
That in pursuance of the terms of the said Surren- der And Conformable to the said granted Privileges the King in his Instructions to all the Governors ever since has (as we are Informed) strictly commanded that the number of the Gentlemen of the Council in each Division should be equal the reason & necessity of which is plain that as it is an Instruction to the Governors to take the Advice of Council in the Nomi- nation of the several Officers of the Governm' & which are to be appointed not only in the different Divisions but in different parts of those Divisions that the Gen- tlemen of the Council should be acquainted with the Persons in the several parts of the Province that they are to be consulted about It being Impossible that those appointed in the Eastern Division should be properly Acquainted with persons fit for Officers in the
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Western Division which is in Several parts more than a hundred miles distant and the recommending unsuita- ble persons to Offices of Trust in the Government can- not but be looked upon a great oppression & Injury to the people besides the Gentlemen of the Councils' resid- ing in different parts of the Province will enable them to inform the Governor of the circumstance of that part where they reside, Of the Nature of Complaints against Officers in all parts of the Province, And of other matters that may come before him in Council, And as the Council is entrusted with a great Share of the rights & Priviledges of the People & the Interests of the Two Divisions are in some cases different from each other the Inhabitants of either Divisions must consequently be unequally represented at that hon'ble board whenever the Numbers from each Are unequal
That for several years past but four Gentlemen out of Twelve have been Appointed in the Western Divi- sion And the places of two of these lately becoming Vacant are now filled as we are Informed with Two Gentlemen in the Eastern Division which there is rea- son to Apprehend was done from the recommendation of Private Gentlemen of the said Division without any previous Application to the Governor or knowledge of his, tho' the Governor being on the Spot & well acquainted with the People and having as we are In- formed the Kings Strict commands for that purpose was not wanting in his duty to the King & Province in recommending Suitable Persons agreeable to his Instructions So that of twelve Gentlemen of the Coun- cil there is now but two appointed in the Western Division Nine of the said Gentlemen living and having their Estates principally in the Eastern Division & one contrary to all precedent & the Kings Strict commands residing at New York-As these are well known Matters of Fact in themselves obviously injurious & unequal and Contrary to the Rights and Priviledges
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granted to Our fore-fathers & their Posterity so we are well assured from the whole Tenour of Our most gracious Sovereigns just & equal Administration dis- tinguished by every mark of goodness to us his faith- ful Subjects they would soon be redress'd if duly repre- sented to the Kings Ministers for which reason we Pray the Honourable House will take the Important premises into Consideration & pursue such Measures for our relief therein As shall be thought most con- sistent with our Duty to the King & the Interest of the Province
Message of Governor Belcher to the Council and As- sembly-on the passage of a Bill for the support of the Government.
[From a copy among the Belcher Papers in Library of N. J. Hist. Soc.]
P. AMBOY, Feb 12 1752
Gentlemen of the Council & of the General Assembly.
I observe with much Satisfaction not only the Alacrity & dispatch but the good Agreement and Har- mony wth wch you have gone thoro' the business of this short Session of so much Importance to the honour & Interest of His Majesty's Government as well as to the Establishment of Justice and of peace and good order in the Province.
I therefore in the first place thank you Gent" of the general Assembly from whom the Bill for Support of Governmt and for laying a Tax to pay the Charge thereof must naturally spring.
And in the next place I thank you Gent" of the Council whose Concurrence with the Assembly is nec- essary before it can come to me to pass into a Law.
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Gent" I cou'd have wished this Bill had been further extended for you must be sensible whenever there is an empty Treasury my Duty to the King in a just re- gard to His Government and people oblige me to be calling you together more frequently than I cou'd wish as it necessarily multiplies Charge upon the People and may sometimes incommode your domestick affairs however I wish what you have now done may be the forerunner of lasting Tranquility to this Gov- ernment & people. And as you are now returning to your places of abode I hope you will in your several Stations put the Salutary Laws of the Province into good Execution against all sorts of Immorality & fla- grant disorders so shall you not only become a " Terrour to Evil doers" and a praise & incouragement to those that " do well" but you will also in such a way draw down Blessings from Heaven on this people & on yourselves and Families to each of wch I wish yº in safety and with much Prosperity in all yr private affairs.
J. BELCHER
Letter from Governor Belcher to his nephew, Mr. Foye-about the transactions of the legislature just closed.
[From Papers of Gov. Belcher in Library of N. J. Hist. Soc.]
ELIZ TOWN Feb. 14 1752
MR FOYE
Sir
(Extract)
I yesterday returned from a 14 de Session of the general Assembly at Amboy wch has been the most Comfortable and peaceable of any since my coming into the Governmt the Council & Assembly passing
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in each House (+ a great Majority) a Bill for the Sup- port of Government and in the same Bill Levying a Tax to raise money for the discharge thereof to the 21 of Nov" next-this I say is a great satisfaction to me who have been living near 3 years by running in debt & paying the Lawful Interest of 7 # Ct for some large Sums but if God shoud spare my life to Nov' next I hope to make my Bread and Cheese more than Even in these parts.
J. BELCHER.
His Majesty's order in Council for the improved Gov- ernment of the Colonies.
At the Court at St James's the 11th Day of March 1752.
PRESENT
THE KING'S MOST EXCELLENT MAJESTY La Presi- dent E! of Jersey M Ld Chamberlain Ld Privy Seal E! Cholmondeley M' Ch' of the Exchequer La Chamberlain E! Bucking- hamsh Ld Ch Justice Willes Duke of Athol E! Harcourt. S: John Rushont Duke of Newcastle Ld Berkeley of Stratton S! John Ligonier E! of Holdernesse Ld Cornwallis St. George Lee.
His Majesty having taken into His Consideration, the flourishing State, and condition of the Manufac- tures, Trade, and commerce of these Kingdoms, and also the State and Condition of his Colonies & Planta-
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tions in America and Elsewhere, With Respect as Well to their Trade & Commerce as to their Civil Policy & Government. And Whereas it doth Appear to His Majesty, that the Said Colonies & Plantations have of late Years been greatly Improved, the Wealth of His Subjects much increased, and the Navigation of these Kingdoms extended, by the Mutual Intercourse between Them and the Said Colonies & Plantations, and by the Trade & Commerce Arising therefrom; and His Majesty being sensible of how great Importance it is to His Crown, and Government, and how much it Will contribute to the Satisfaction, Convenience and Advantage of His Subjects. That all due care be taken, and proper & necessary Regulations made for the further Improvement, and Extension of the Man- ufactures and Commerce of these kingdoms, and for the Encouragement, Protection & Security of the said Colonies and Plantations, His Majesty is therefore Graciously pleased, with the Advice of His Privy Council, to order, and it is hereby Ordered, that the Lords Commissioners for Trade & Plantations do, with all Diligence, care, and Concern Apply Them- selves, to a faithfull and Vigorous Execution, and dis- charge, of all the Trusts & Powers vested in Them, by Their Commission Under the Great Seal, and Whereas nothing can more effectually tend to the Peace, Wel- fare, and good Government of the Said Colonies and Plantations, Than the Appointment of Able, Discreet, and prudent Persons, to be Governors, Lieutenant Governors & other Officers, and Magistrates: It is therefore hereby further ordered, that the said Lords Commissioners for Trade & Plantations do, from time to time, as vacancies shall happen by Death or Re- movals, present unto His Majesty in Council, for His Approbation, the Name or Names of Such Person or Persons, as the said Comm's from the best of their Judgment & Information, shall think duly qualified to
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be Governors or Deputy Governors, or to be of His Maj- esty's Council or His Council at Law, or secretaries in the respective Plantations; and Likewise to present to His Majesty for his Approbation, the Names of all other Officers, which have been, or may be found necessary for the administration of Justice, and the Execution of Government there, excepting only such as are or may be appointed for the Direction and Regulation of His Majesty's Customs and Revenues, and Such as are or may be under the Directions and Authority of the Lords Comm's of the Admiralty; and when any Per- son or Persons shall have been approved by His Majesty in Council; for any of the abovementioned Offices, the said Lords Commissioners Shall (unless His Majty shall otherwise direct) prepare and make out proper Draughts of Such Commissions, War- rants or Instructions, as may be thought necessary to be given to Such Officers, in order to be laid before His Majesty in Council for His Royal Approbation and when any Person or Persons shall be presented to His Majesty for any of the other Offices of an inferior na- ture not judged necessary to be laid before His Maj- esty in Council, and yet shall have otherwise received His Maj's Approbation The Said Lords Commissioners shall in those Cases (unless His Majesty Shall other- wise Direct) prepare and make out proper Draughts of Commissions & Warrants necessary to be given to Such Officers, in order to be laid before His Majesty for His Royal Approbation Accordingly; and it is hereby further ordered, that the Said Lords Comm's for Trade and Plantations, do Execute and perform all other Things necessary or proper for answering the In- tentions of their said Commission; and Whereas the Governors of all His Majesty's Colonies & Plantations in America more immediately under His Majesty's Government, are in particular Cases, as well as in gen- eral directed by His Majesty's Instructions to transmit unto His Majesty, by One of His Principal Secretaries
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of State, and to the Commissioners for Trade & Plan- tations, Accounts from time to time, of all their Pro- ceedings, and of the condition of Affairs within their respective Governments; And Whereas it will tend to the Benefit of the Said Colonies, the Ease and Con- venience of His Maj'ty's Subjects, and the greater Regularity and Dispatch of Business, if the Corres- pondence be Confined to, and pass through but One Channel; It is therefore further ordered, that the said Lords Commissioners do prepare the Draught of an Additional Instruction to be sent to the Governors of all His Majesty's said Colonies and Plantations respec- tively Signifying His Majesty's Pleasure, that in all Cases, wherein by His Majesty's Instructions they are Directed to transmit any Particular, or general Ac- counts of their Proceedings, or of Matters relative to their Governments, They do, for the future, transmit the Same to the Lords Comm's for Trade & Planta- tions, Only, in order that they may be laid before His Majesty, Provided nevertheless, that whenever any Occurrences Shall happen, Within their respective Governments, of such a nature and Importance, as may require His Majesty's more immediate Directions by One of His Principal Secretaries of State, and also upon all Occasions, and in all Affairs, Whereon they may receive His Majesty's Orders, by One of His Principal Secretaries of State, the said Governors Shall in all Such Cases, transmit to the Secretary of State only, an Account of all such Occurrency's, and of their Proceedings relative to such Orders And it is hereby further ordered, that a Copy of this order be trans- mitted to the said Lords Commissioners for Trade & Plantations, to be Entered upon the Books of the Plantation Office, and that the Said Commissioners do likewise transmit Copies thereof to the Governors of His Majesty's Colonies and Plantations respectively to the End that all Persons Concerned may Govern Themselves Accordingly W. SHARPE.
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