USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 39
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I have the Hon' to be Sir
T. POWNALL
Letter from John Reading, President of the Council, to Governor Pownall in answer to the foregoing.
[From P. R. O. B. T. New Jersey, Vol. 8, I. 55.]
TRENTON Sep! 224 1757 TO LIEUT GOVR POWNALL Sir,
In Answer to your Honour's Letter of this Evening I am to inform you, that it was on the late Governor's promise that I shou'd be at Liberty to resign as soon as he became acquainted with the affairs of this Colony & Dispositions of the Principal Inhabitants that I was prevailed with to Qualify to his Instructions and upon his Removal to Elizabeth Town I requested his leave to resign the Seat his Majesty had Honour'd me with at the Council Board & Acquainanted him with the Bodily Infirmities which rendered it inconvenient to me to attend.
Governor Belcher never gave me his Permission to Resign positively and thus Matters stood till his late Excellency's death when It was notified to me I re-
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turned for Answer that it was not in my Power to execute the Government in a Time of Such Import- ance & peril and requested the Council that my Resig- nation Menconed to Governor Belcher might take place-I was afterwards informed by Letter both from the Council and Secretary that the Legislature were Sitting and things wou'd run into great Confusion if the Colony shou'd remain without a Commander in Chief and pressed my coming to Elizabeth to Qualify, to this I answered that I desired to be released from the duty which had Devolved on me Expecting that they might have Consented and that Consent been Legal and assuring them that I wou'd Execute any More formal Resignation or Release if they cou'd agree on the words thus things Stood from the Governor's death till the Day of my Qualification and even on that day. Should not have Complyed if my Duty to the Execution of His Majesty's Commands and the Pres- ervation of Peace & Tranquilty to the Province had not prevailed. I beg Leave to assure your Honour that it was with the utmost uneasiness & reluctancy that I did take upon myself the Administration and it will give me great Pleasure whenever I am released · from it.
I am Honourble S!
Your Honours Most Obedient and Most Humble Servant
JNº. READING
To the Honourable Thomas Pownall Esq Lieutn Governor of New Jersey.
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ADMINISTRATION OF GOVERNOR BELCHER. [1757
Letter from Cortlandt Skinner, Attorney-General, to Governor Pownall-with queries, submitted to him by the Council, relative to the authority of Mr. Reading as President of the Council.
[From P. R. O. B. T. New Jersey, Vol. 8, I. 50.]
PERTH AMBOY 26 Sep! 1757
His Excellency Thos Pownall Esq" Sir
In Obedience to Your Excellency's Commands, I have taken the first Opportunity to transmitt a Copy of the Answer deliver'd by me to the Council, upon the Queries put by them to M' Kearny, M' Smith & myself.
What M! Kearney's Opinion was I do not now rec- ollect; only this I remember, that upon hearing it read, I told him I cou'd not join it: So did M Smith; & therefore drew and deliver'd another to the Council, of which the enclosed is a Copy. I am, with the greatest Regard.
Your Excellency's most obedient,
& most humble Servant, CORTP. SKINNER Attorney General
Copy of Questions &ca put by the Council.
Quest. 1. Whether it be in the Power of a Coun- cillor to resign, relinquish, or vacate his Seat, without Leave from the King or Governor ? If Yes.
2. Whether M! Reading's Letters amount to a Res- ignat, Vacat, &ca ?
3. If he was a Councillor at the Time of the Death of the Governor, Whether he can resign or relinquish his Seat; or being first named in the King's Instruc- tions, can decline the Administration; & whether the Council can accept of such Resignation, or consent to such Relinquishment ?
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ADMINISTRATION OF GOVERNOR BELCHER.
: 265
4. If he shou'd refuse to take the Oaths of Office, necessary to be administered, previous to his entering upon the Administration, what can and ought the Council to do in such Case ?
We have perused the Copy of a Clause in the Late Gov" Belcher's Commission, and in Answer to the Questions proposed, humbly submit the following Sen- timents to the Consideration of the Honble Board.
1. We conceive clearly that the Exercise of the Powers of Government in this Province is devolved upon M! Reading-That by the Commission he is in- vested with an Office of Great Trust.
2ªly We are also of Opinion, that this Office may be resigned, but we are inclined to the Opinion, that the Validity of such resignation depends upon His Maj- esty's Concurrence, which the Council cannot give. Henc it results.
3dly That till His Majesty's Pleasure in this Respect is known M' Readings Investiture still continues.
These Observations contain our Answers to all but the last Question proposed; with Respect to which, We conceive: That if M! Reading refuses the Qualifica- tions necessary to his Entrance upon the Exercise of the Powers contained in the Commission, the-Gentle- men of the Council will think it their Duty, as the most distinguished Servants of the Crown in this Prov- ince, to take upon themselves the Managem of the Affairs of the Government, as nearly conformable to the Commission and Instructions, as the present State of Things will admit. As to the Propriety of any Particular Member taking upon himself the Chief Command, we are in Doubt. And M' Reading's Con- duct appears to us to be a Contingency not foreseen or provided for by the Commission and Instructions.
We are the Councill's most obed! &ca
C. SKINNER Att'y Gen. WM SMITH JUNR
ELIZA TOWN, 5th Sepr 1757
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ADMINISTRATION OF GOVERNOR BELCHER. [1757
Letter from Governor Pownall to the Lords of Trade -giving an account of his proceedings on the death of Governor Belcher.
[From P. R. O. B. T. New Jersey, Vol. 8, I. 48.]
N YORK Sepr 26. 1757
To the Lords of Trade
My Lords
Governor Belcher died on the 31st of August, I re- ceived no Account of it from His Majestys Council, nor the Secretary. On Saturday September the 10th, I was first acquainted with it from the New York Newspapers. I had Reason to imagime, from the State of His Majestys Council in New Jersey, that the Administration, if not the Whole Government must be in great Confusion. I was from several Private Hands informed, that the President had not qualified; That His Majesty's Council were in great Confusion; That the Administration was at a Stand. I knew, that if they determined amongst themselves, that M' Reading cou'd resign; that M' Morris, as next Coun- cillor, must take upon him the Administration of the Government. I was sensible how improper that wou'd be in the Present State of the Province. It was from the Troubles in the Province, betwixt the Pro- prietors and Land Holders, when the Proprietors held the Government, that they were forced to resign it into the Hands of the Crown. These Matters are yet in Dispute, and M' Morris is one of the Principal Man- agers of the Proprietors and of the Council of the Proprietors. Moreover, the Governor is alway Chan- cellor, and Keeper of the Broad Seal; There is a Chan- cery Suit of great Importance & great Interest now
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depending, in which, as one of the East Jersey Pro- prietors, M' Morris is interested.
I therefore determined, (as it was in the Recess of the General Court at Boston, and all Danger from the French was at present so removed, that my Service at Boston might be spared a Little) to set out forthwith for the Jerseys. On Sunday Night I received an Ex- press from Lord Loudoun, "Acquainting me with the "Transactions of the Council since M' Belcher's Death, "& that the Situation of the Province was very bad, " & that how it cou'd be remedied was more than he "cou'd see, unless I cou'd come and set things right "amongst them." On Monday I called a Council, and set out on Tuesday, arrived at New York on Saturday, continued Sunday and Monday with Lord Loudoun, and proceeded for the Jerseys.
I must beg Leave here to trouble Your Lordships with the Accounts I received. At M' Belcher's Death the Assembly were sitting. M" Reading, the Eldest Councillor, on whom, in my Absence, the Government must devolve, was confined at Home with a bad Leg. The Council wrote to him to come to Elizabeth Town, & take upon him the Administration. (Your Lord- ships will here observe, that if the Assembly was not held at Amboy or Burlington, it might as well be ad- journed to Readingstown, on account of the President's Ill-Health, as it was called together at Elizabeth Town, on account of M" Belcher's Ill-Health.) The President wrote Letters, begging that if it cou'd any Way be contrived that he might be excused, that he was willing to resign. Whether the Council was willing he shou'd, or not, I have no Right to determine; Perhaps your Lordships may be able to judge by the steps they took. They understood his Letters as an absolute Refusal, and a persisting in such Resolution. They requested M: Morris to write so to Lord Loudoun. They cou'd draw Nothing from Lord Loudoun; but he very prop-
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erly judging, that he had Nothing to do (No I) with it, sent the Copy of the Letter to me. They suffered themselves, contrary to the Express words of the Com- mission and Instructions, to doubt whether the Presi- dent cou'd abdicate, & whether, in such Case, it might not devolve on M! Morris; and tho' M' Morris be Chief Justice; M' Salter, another of the Council, Judge, M! Ogden, another of the Council, one of the Principal Lawyers in the Province, they took the (Nº II) Opinion of Lawyers, (the Attorney General & a Young At- torney of New York, who chanced to be there,) upon several Queries they laid before them. Seeking thus Remedies of their Own Invention, and never once this whole Time, applying to the proper Provision, which His Majesty had made by appointing me Lieutenant Governor, with an Express Clause in my Commission, in Case of the Death of the Governor in Chief, to exe- cute the Commission and Instructions; of which all His Majesty's Officers and others were commanded to take Notice, all which was upon Record in their Council Books. They neither wrote to me nor di- rected the Secretary to write. The Secretary acquaints me that he did write, but the Letter was too late for the Post, so cou'd not be arrived at Boston, when I came away. I have since received it here. However the President, (Nº. III) after some Days, did qualify, & wrote me Word.
In this Situation I found Things, according to the best Accounts I cou'd learn .- I understood that the President lay ill at Trenton, I proceeded forthwith to Trenton. I issued out Summons to the Council, to attend me there. I called myself upon all that lay in my way, and took them on with me, that I might be sure of a Council. I waited on the President, and concerted Matters with Him, as will appear in the Letter I wrote him, upon leaving the Government in His Hands. On Thursday, the 22d I had sufficient
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ADMINISTRATION OF GOVERNOR BELCHER.
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Members to make a Council. I qualified & received the Commission, Instructions, & Seals. I (Nº 4.) gave my Assent to a Resolve of Both Houses for raising a Hundred Rangers for the King's Service under Lord Loudoun, & acquainted His Lordship of it; having given Directions for Issuing the Commissions, and raising the Men forth with. I laid before them an Ad- ditional Instruction from His Majesty, dated at St James's, 11th Jan'y 1757 .- respecting the Conduct of Privateers & Vessels with Letters of Marque in the Gulph of Naples.
That I might be properly informed in whose Hands the Government had been since the Death of M! Belcher, (Nº 5.) I wrote in Council the following Letter to the President. (Nº 6.) I received from him the en- closed Answer.
The next Day Sep' 23ª the Council waited upon me with an Address. After this, having, as I said, con- certed Matters with the President, I asked the Council, whether they knew of any Matter or Business, that might further require my immediate Presence in the Province. They acquainted me that they knew of None. I then informed them, that the necessity of His Majesty's Service in the Government of the Massa- chusetts Bay, required my Returning to Boston as soon as possible: That I shou'd leave the Administration in the Hands of the President; That I had deliver'd to him the Commission, Instructions & Seals, and had wrote him the (Nº. 7.) following Letter, & that I wou'd ac- cording to what I had promised in that Letter, return whenever my Presence shou'd be wanted. I came away directly, and returned to this Place .- And thus the Government of New Jersey now stands.
I must acquaint Your Lordships, that M' Reading, the President, is an Old Gentleman of 76, is very bad of a Sore Leg, and when I saw him, was, by the Doc- tor's Advice, under a Kind of a Salivation, which they
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mean by a Course of Physick. What may be the Event of His Health Iknow not. If he shou'd die, the Government devolves upon M' Morris. How to act in such Case, I am under the greatest Difficulty. M. Morris is a very sensible and good Man. I have had an Old Acquaintance with him: I am clear, that it is altogether improper that the Government of the Jer- seys shou'd fall into his Hands at Present. It is im- possible for me to attend the Administration. If the President shou'd die, it must devolve upon M' Morris, unless I shou'd suspend him, which wou'd be a harsh Measure, and hard for an old Acquaintance to do.
However, my Lords, I will do the King's Business, whatever becomes of myself, and will do it without Fear, Favor, or Affection. In the Mean Time, I hope Your Lordships will recommend to His Majesty some Person that has no Connections with this Country, and that such may come over here without Delay. I shall think myself very happy to be so superceded in my Command.
In all the above, I must beg for Your Lordship's kind Interpretation of my Conduct, and favorable Representation of it to His Majesty.
I have ye honor to be My Lords Your Lordships most Obedient & Most Humble Servant
T. POWNALL.
P: S: As there is or may be a Vacancy in his Maj- esty's Council of N Jersey, I beg leave to recommend to Your Nomination Doctor Lewis Johnston of Amboy a Gentleman of fortune & Learning & for whose In- tegrity I can be answerable. TP
INDEX.
INDEX.
PART FIRST.
A.
Account of the receipts and payments of money, 65. - Warrants for pay- ments signed by the Governor, 105. Alexander: James, member of Council, 16, 29, 103, 105 .- Papers authenticated by, 135 .- Bond of Indemnity, 200 .- Counsel for Swaartwoots, 208 .- Sur- veyor for East Jersey, 209 .- Referred to, 221, 232, 253, 254, 261,-His decla- ration concerning Jarrat's surveying instruments, 263 .- Memorandum con- cerning line between New York and New Jersey, 267, 269 .- Referred to, 290.
Alexander: William; Bond of Indemnifi- cation to, 200.
Alford: Colonel John, Letter to, from Governor Belcher in regard to the College, 10 .- Letter from the same thanking him for a subscription to the College, 109.
Allen: James, referred to, 109. Allen: John, Treasurer of Western Divi-
sion, accounts from 1733 to 1751, 66, 75.
Ashfield: Lewis Morris, Letter concern- ing from Governor Belcher to Lord Halifax, 8 .- Refused admission to Council by Governor Belcher, 16, 17. -His acquittal announced to Mr. Partridge by Governor Belcher, 36 .- An account of his trial by Judge Nevill in a letter to Governor Belcher, 40 .- Message of Governor Belcher re- lating to his admission to the Council, 101 .- He appears at the door of the Council praying admission, 107 .- The Governor's refusal to admit him dis- approved by the Lords of Trade, 124. -His admission to the Council, 126. Assembly: Messages to, from Governor Belcher, 12, 21. -- Proceedings of, transmitted to Lords of Trade, 287. Ayscough: John, Letter to R. H. Morris, 116.
B.
Barclay: Mr., Referred to, 154, 155. Barclay & Son, Messrs., referred to, 159. Basset : Arnold, Constable of Orange County, New York, 225. Bayard: Referred to, 211, 270.
Belcher & Foye: Letter to, from Gov- ernor Belcher, 108.
Belcher: Governor, Letter to Benjamin Franklin about electric apparatus, 7 .- Letter to Lord Halifax, objecting to the appointment of L. M. Ashfield as a member of the Council, 8 .- Let- ter to Colonel Brattle about electrical cure, 9 .- Letter to John Alford, 10 .- Message to the Legislature concern- ing support of Government, 12, 21. - Letter to his nephew, Mr. Foye, 22 .- Letter to Wm. Morris, about a Library at Trenton, 32 .- Letter to Richard Partridge on acquittal of Ashfield, 36. - Letter to Andrew Johnson and Samuel Nevill on im- prisonment of Cornelius Wyckoff, 37 .- Letter to Samuel Nevill about the riot at Perth Amboy, 38, 39. - To Andrew Johnson and Samuel Nevill, regarding Wyckoff and Waller, 45 .- To Richard Partridge, concerning riots at Perth Amboy, 52 .- To Lords
of Trade concerning riots in New Jersey, 60. - To Richard Hartridge, concerning James Alexander, 61 .- Letter to Dr. George Whitefield, 84 .- Letter to Countess of Huntingdon, 87 .- Letter to Mr. Shit pen concern- ing College of New Jersey, 94 .- Let- ter to Lord Hardwick, desiring the King's orders, 95. - Letter to Earl Granville, asking for continued confi- dence, 97 .- Letter to Lord Halifax about the affairs in the Province, 99. Message to Council. relating to ad- mission of L. M. Ashfield, 101 .- Let- ter to Lords of Trade, urging trans- mission of orders from the King, 102. -Extract from letter to Partridge concerning Mr. R. H. Morris, 102 .- Speech before Council, 103 .- Letter to Belcher & Foye, 108 .- Letter to Colonel Alford, concerning College of New Jersey, also the manufacture of glass, 109 .--- Letter to the Lords of Trade, relative to his not admitting Lewis Morris Ashfield to a seat in Council, 111 .- Letter to the Lords of Trade, in reference to a revision of the Laws, 113 .- Letter from Lords of Trade, disapproving his course to-
18
274
INDEX.
wards Mr. Ashfield, 124 .- Letter to the Lords of Trade, about proceedings of the Legislature, 125 .- Letter to the same regarding the admission of Mr. Ashfield to the Council, 126 .- Letter from Lords of Trade in behalf of Mr. John Brainard, a Missionary, 140 .- Letter to Lords of Trade, comment- ing on the state of the Province, 151. -Circular Letter to, from Board of Trade, 156. - Instructions to, from Lords of Trade, 188 .- Letter to Lords of Trade, relative to disputes be- tween New York and New Jersey for want of a dividing line, 190 .- Me- morial of the Proprietors of East New Jersey to, 202 .- Letter to the Lords of Trade, transmitting pro- ceedings of the Council and Assem- bly, 287 .- Letter to, from Sir Thomas Robinson, 292 .- Letter to, from the Lords of Trade, in regard to defence against the French, 294 .- Letter to Richard Partridge in behalf of Court- landt Skinner as Attorney-General, 298.
Bills for the support of Government, 11, 12, 21, 30 .- Petition asking the King's assent to a a bill making current £60,000 in Bills of Credit, 183.
Bonney: Joseph, Petition to the Council, 104.
Boundary line between New York and New Jersey: Opinion of the Lords of Trade on, 128 .- Letter of Robert Charles, agent of New York, con- cerning, 135 .-- Argument that the forks of the Delaware are the true limits of New Jersey on the north, 139 .- Question referring to,answered,
141 .- Representation of the Lords of Trade to the King, relative to, 144 .- Letter from Ferdinand J. Paris, rela- tive to, 152 .- Answer to the same, 157 .- Petition of the Proprietors of East Jersey against the repeal of the Boundary Act of 1747, 160 .- Letter of Ferdinand J. Paris, relative to, 182 .- Disputes between the people of New York and New Jersey, concerning, 190. - Difficulties with New Jersey complained of to the Lords of Trade, 192 .- Bond of Indemnification con- cerning charge of settling bounds, 200 .- Memorial of the Council of Pro- prietors of the Eastern Division of New Jersey, concerning, 202 .- Me- morial of the Proprietors of the Eastern and Western Divisions, con- cerning, 244 .- Letter from Lieuten- ant-Governor De Lancey to the Lords of Trade, concerning, 288 .- Answer thereto from the Lords of Trade, 297. Bradford: Mr., Referred to, 84.
Brainard: John, a Missionary, molested in his work. 140.
Bryant : Captain William, a note con- cerning, 116 .- Referred to, 218. Buckinghamsh: Earl of, 23.
Burlington County : Money received from the Collector, 66, 67, 68 .- Interest moneys from, 73, 74.
Burnet: Governor, referred to, 208.
Burnet: John, Bond of Indemnification, 200.
Burr: Rev. Aaron, President of the new College, 11 .- Unable to go to Great Britain in behalf of the College, 85 .- Complimented on his marriage by Governor Belcher, 89.
C.
Campbell: Hume, 145, 155.
Canada: Expedition to; disbursements for, 70, 79.
Cape May County: money received from Collector of, 66, 67, 68 .- From Com- missions, 71 .- Imterest money from, 73, 74.
Caspar: A German manufacturer of glass, 110.
Catherwood: Mr., 94, 117, 123, 154, 159. Chambers: Mr., 122, 123.
Chapman: John, Deputy Surveyor, 207. Charles: Robert, Letter to Governcr Clinton, 135 .- Referred to, 145.
Cheesecocks: Patent of, 209, 275. Cholmondeley: Earl of, 23.
Clark: George, Lieutenant-Governor of New York, 210 .- Letter to the Jus- tices of the Peace of Orange County, N. Y., 266.
Clayton: William, 74. Clinton: Charles, Surveyor, 209.
Clinton: Governor George, Letter to Rob- ert H. Morris, leave of absence de- nied, 92 .- Taking money for an office. 94 .- Letter to Robert H. Morris, en- closing a notice of Chief-Justice De Lancey, 120-Referred to, 191, 213. Clinton: Captain, 117.
Crane: Stephen, made Justice of the Peace, 105.
College (of New Jersey): prospects of, 10 .- Expected aid for, from the Kirk of Scotland, 11 .- An agent for, to be sent to England, 94. - Subscription to, from Colonel Alford, 109.
Colonies and Plantations: Order of the King for the improved government of, 23. - Additional instructions to the Colonial Governors, relative to the revision and transmission of their laws, 27 .- Letter from the Earl of Holdernesse to the Lords of Trade, concerning, 32 .- Circular Letter to the Governors, 35, 63 .- Circular Let- ter from the Lords of Trade to the Governors in America, 156 .- Report of the Lords of Trade relative to Ap- peals in the Plantations in Cases of Error, 188 .- Copy of the King's 95th and 96th Instructions, in regard to the general security of the Planta- tions, 194.
Connecticut: Contribution to fortifica- tions on the Northern Frontiers of New York, 194 .- Quota of assistance, 195.
Conner: Daniel, Witness, 41.
Corle: Benjamin, a rioter, 48. Cornwallis: Lord, 23.
Cosby: Governor, payments to, 76. Cottinam: Abraham, Affidavit, 40.
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INDEX.
Council of New Jersey: Message to. from Governor Belcher, 12 .- Memo- rial of Richard Partridge relative to the state of, 18, 21 .- Proceedings of, laid before the Lords of Trade, 60 .- Message to, relating to the admission of Mr. Ashfield, 101 .- Minutes of Au- gust 10th and 11th, 1752, 103, 107 .- Memorial to, of the Proprietors of the Eastern and Western Divisions of New Jersey, 244 .- Proceedings of, transmitted to Lords of Trade, 287.
Council of the Province of New York: Petition of Allan Jarrat, 233 .- Reply thereto, 235 .- Petition of the inhabi- tants of New York, bordering upon the partition between that Province and New Jersey, 238.
Cox: Dr., 154.
Crane: Stephen, made Justice of the Peace, 105. Crook: John, of Esopus, 267.
D.
Davis : Solomon, Justice of the Peace, 212.
Deare: William, Sheriff, 44 .- Writ to, from Governor Belcher, 45, 48 .- Affi- davit in regard to breaking gaol at Perth Amboy, 50.
Decker: Peter, 283 .- Affidavit of, 286. Decows: Isaac, Moneys received from, 70. Dekey: Jack, 283, 284.
Dekey: Jacobus, 227.
Dekey: Thomas, Colonel of Militia of Orange County, N. Y., his abusive treatment of Daniel Harrison, 214 .- His threats to tenants of the Propri- etors of East Jersey, 220 .- His beat- ing and robbing Richard Gardner and John Herring, 227, 268 .- Eject- ment against, 269, 271 .- Further threats, 272 .- Affidavits against, 282, 285, 286 .- His affidavit relative to
laying out a highway through Mini sink, 299.
De Lancey: James, Picture of, by George Clinton, Governor of New York, 122. -Letter to the Lords of Trade about the difficulties with New Jersey, 192. -His interest in the Minisink Patent, 232 .- Letter to the Lords of Trade about the division line between New York and New Jersey, 288 .- Letter to him from the Lords of Trade about the same, 297.
Delaware River: Forks of, the northern boundary of New Jersey, 139.
Disbanded Courtier: Character of a, 120. Dongan: Thomas, Governor of New York, 204, 249, 250.
Duncan: Thomas, Witness, 42. Dutch Reformed Church in Middlesex, Somerset and Hunterdon Counties, 108.
E.
East New Jersey: Quota of assistance to New York northern frontier, 195, Edwards: Rev. Jonathan, 89. Edwards: Esther, 89.
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