USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 4
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41
27
ADMINISTRATION OF GOVERNOR BELCHER.
1752]
Additional instructions to the Colonial Governors- relative to the revision and transmission of their laws.
[From P. R. O. B. T. Plantations General, No. 39, Ent. Book K, p. 291.]
Additional Instructions to Our Trusty and Wellbeloved1
Given at Our Court at St James's the 12th day of March 1752 ' in the twenty fifth Year of Our Reign.
Whereas many of the Laws heretofore passed in Our Colonies and Plantations in America respectively, have from time to time, been either entirely or in part repealed, and others of them are expired, altered, amended or explained by means whereof Persons not well acquainted with the said Laws may be led into Mistakes and great Prejudice and Inconvenience may- arise, to Our Service. And whereas nothing can more effectually tend to promote Order and good Govern- ment, secure the Properties and Possessions of Our Subjects, and prevent Litigious Controversies and Dis- putes than a Clear and well digested Body of Laws, it is therefore our Will and Pleasure, and you are here- by required, and directed jointly with Our Council and the Assembly of Our Island of Jamaica, under your Government, forthwith to consider and revise, all and every the Laws, Statutes and Ordinances which are in force within Our said Island, excepting only such as
1 A like instruction, mutatis mutandis, was sent to Henry Grenville, Governor of Barbadoes, William Matthew, of Leeward Islands, John Tinker, of Bahamas, Wil- liam Popple, of Bermuda, William Glen, of South Carolina, Gabriel Johnston, of North Carolina, Jonathan Belcher, of New Jersey, George Clinton, of New York, Wm. Shirley, of Massachusetts Bay, Benning Wentworth, of New Hampshire, Edward Trelawny, of Jamaica.
2 Order of Council approving of those instructions, April 14. 1752 .- ED.
28
ADMINISTRATION OF GOVERNOR BELCHER. [1752
relate to private Property, or are otherwise of a pri- vate nature, and in lieu thereof to frame and pass a complete and well digested Body of new Laws, taking especial care, that in the passing of each Law, due Re- gard be had to the Method and Regulations prescribed by our Instructions to you, and that no Law of any kind whatever, making a part of such new Body of Laws, be passed without a Clause be inserted therein, suspending and deferring the Execution thereof, untill Our Royal Will and Pleasure may be known there- upon. And it is our further Will and Pleasure, that when the said new Body of Laws shall have been so framed and passed as aforesaid, you do forthwith transmit each Law seperately under the Seal of Our said Island, together with very particular Observations thereupon, to Our Commissioners for Trade and Plan- tations, in order to be laid before Us in Our Privy Council for Our Approbation or Disallowance.
Report of the Lords of Trade to the Lords of the Privy Council, relating to the improper Publication made in New Jersey of an Order of their Lord- ships, and to some Proceedings of the Assembly of that Province.
[From P. R. O. B. T. New Jersey, Vol. 15, p. 365. ]
To the Right Honble the Lords of His Majesty's most Honble Privy Council.
March 12th 1752
My Lords.
Robert Hunter Morris Esquire, One of His Majesty's Council & Chief Justice of the Province of New Jersey in America, hath lately laid before Us, amongst other
29
ADMINISTRATION OF GOVERNOR BELCHER.
1752]
Papers relative to the State of Affairs in that Prov- ince, an extract of the Journals of the said Council transmitted to him by M' Alexander, a Member there- of, by which it appears that on the 3.ª of October last, the Speaker laid before the House a Paper, from the Governor which was read, and being enter'd at length upon the said Journal, appears to be a Copy of an Order of the Lords of the Committee of His Majesty's Council for Plantation Affairs, made in consequence of Our Report to their Lordships upon the State of Affairs in that Province, dated the 1st of June 1750. Mr Morris likewise laid before Us an Extract of a Letter from the said Alexander to him, dated at New York, the 27. of October 1751, in which, speaking of the Journals of the Council, he acquaints him, "That "the report of the Lords of the Committee enter'd "October 3ª came from M! Partridge, Agent to the "Province, to the Assembly, and instead of being "against them, they look'd upon it as a Conquest, or "that the matter was hung up for ever, and in the "mean time were determined to crush those who had "complain'd of them"
We thought it Our Duty upon this Information to call M: Partridge before Us, who has acknowledged that thinking it his Duty to inform his Constituents of whatever pass'd here relative to the Affairs of the Province, and conceiving that the aforemention'd Order of the Lords of the Committee of Council was final, and of a publick Nature, he did obtain a Copy of it, and transmitted it to the Province: And We find by an authentick Copy of the Journal.of the Council of said Province, lately transmitted to Us by M: Belcher His Majesty's Governor, that on the 3ª of October 1751. the Speaker laid before the House in a Legislative Capacity, from the said Governor a Copy of the said Order, which is enter'd at large upon the said Journal.
We must further beg Leave humbly to inform your
30
ADMINISTRATION OF GOVERNOR BELCHER. [1752
Lordships that it appears from the Votes of the As- sembly of the said Province transmitted to Us by the said Governor that on the 15th of Octo'. 1751 the said Assembly pass'd a Bill for the support of the Govern- ment for one year, and sent it up to the Council, who, on the 21st, return'd it with some Amendments; That the Assembly not only rejected these Amendments, but separated them from the Bill, and came to a Reso- lution to send it up to the Governor, returning the Amendments to the Council with a Message, setting forth "that as they were of no use to them, they knew "of no other method than returning them, keeping " the Bill in order to be presented to the Governor by "the hands of the Speaker, which they did in con- "formity to that august House of Commons of Eng- "land and the ancient Practices of the Assemblys of "New Jersey; that their first sending the Bill to the "Council proceeded from that spirit of complacency "and hearty desire of doing every thing in their Power "to propagate a good Harmony among the Branches "of the Legislature, & that, considering the present "unhapppy Circumstances of the Colony, they were " willing to suspend some of their Priviledges, when " that Conduct seem'd most satisfactory to the Coun- "cil," but the Bill returning with such a Train of Alterations to the Substance thereof sufficiently con- vinced them that the yielding their Privileges, was not the way to establish Harmony, therefore they return'd the said proposed Amendm's to the Council, to whom they seem'd most properly to belong and retain'd the said Bill in order to present the same by the hands of their Speaker, to the Governour, to be by him laid before the Council.
It appears however from the said Votes that the Governor refused to receive the said Bill so sent up to him by the Assembly, and that the Assembly there- upon sent it to the Council, that they might consider
31
ADMINISTRATION OF GOVERNOR BELCHER.
1752]
whether they ought to recede from or adhere to their Amendments, and upon the Council adhering to their Amendments and desiring a Conference, the Assembly unanimously resolved that the Council had no right to amend a money Bill, and therefore they refused a Conference.
We must here observe to your Lordships that this Claim of the Assembly to exclude the Council from making any Amendments to money bills was con- stantly urged by them during the Administration of the late Governor, but as His Majesty has never allow'd of such a Privilige in the Assemblies of other Prov- inces, this Board upon all such occasions earnestly recommended to the said Governor to continue a vig- ourous Opposition to such unwarrantable Pretensions.
As some of the Facts abovemention'd relate to the improper publication of an Order of your Lordships, and the Proceedings in the Province of New Jersey appear to Us greatly to affect the future peace of the said Province, the State of which has been lately under the Consideration of your Lordships, We thought it Our Duty to lay these matters fully before your Lord- ships.
We are &c. DUNK HALIFAX FRAN: FANE J: PITT JA: OSWALD. C. TOWNSHEND.
32
ADMINISTRATION OF GOVERNOR BELCHER. [1752
Letter from Governor Belcher to Mr. William Morris -about the establishment of a Library at Trenton.
[From Belcher Papers in Library of N. J. Hist. Soc.]
ELIZ: TOWN Mar 20 1752
MR MORRIS
Sir
(Extract)
* * x I have not yet read over what you inclosed for the Gov" to do for the better Establishmt of or Trenton Library but you may depend I shall always be willing to do every thing proper on my part for promoting & strengthen" any scheme that may have a tendency to propagate & advance Religion and Learn- ing weh will be of so great advantage to the present and future generations.
I am Sir your ready Frd.
J BELCHER
Letter from the Earl of Holdernesse to the Lords of Trade-enclosing Order of Council of March 11, 1752.
[From P. R. O. B. T. New Jersey, Vol. 15.] WHITEHALL 30th March 1752
THE LORDS OF TRADE
My Lords
An humble Representation, having been laid before The King, setting forth, the present flourishing State, of His Majesty's Colonies in America, as well with regard, to Number of Inhabitants, as to the Increase of Trade, in those Parts of His Majesty's Dominions,
33
ADMINISTRATION OF GOVERNOR BELCHER.
1752]
& that it is highly necessary, that the greatest Care & Attention should be had, to the Good Government of, & regular Administration of Justice, in the said Amer- ican Colonies, His Majesty was graciously pleased, to refer the said Representation, to a Committee of The King's Most Honourable Privy Council, directing them, to consider of the properest Means for obtaining this desireable End, & the said Committee, having made thereon, their humble Report to the King, His Majes- ty was pleased, to direct an Order of Council, a Copy of which is herewith inclosed, & to which, Your Lord- ships will please to conform Yourselves hereafter.
And whereas Your Lordships are hereby directed, to prepare a Draught of an Additional Instruction, to be sent to the Governors of all His Majesty's said Colo- nies & Plantations, directing them, to correspond for the Future, with Your Lordships only; excepting in such Cases, as may require His Majesty's more imme- diate Directions; I have His Majesty's Command, to signify to Your Lordships, that it is The King's Pleasure, You should transmit to One of His Majesty's Principal Secretaries of State, in order to their being laid before The King, all such Letters, as shall, for the future be addressed to you, from any Governor, or other Person, or Persons, acting as such, in any of His Majesty's Colonies, or Plantations in America, which may in any wise, relate to His, or Their Con- duct towards the Governor, or other Chief Officers, of any Foreign Prince, Power, or Potentate, whatsoever; As also such Letters as may relate to the Transactions of any Foreign Governor, or other Officer, towards them, or any of His Majesty's Subjects under Their Direction, & Regulation; And also, that Your Lord- ships should, in like Manner, transmit unto One of His Majesty's Principal Secretaries of State, a Draught of such Answers, as you shall prepare, to be given to any such Letter or Letters, or shall fall within the
4
34
ADMINISTRATION OF GOVERNOR BELCHER. [1752
abovementioned Description, in Order to it's being laid before His Majesty, for His Royal Approbation; And your Lordships are hereby directed, not to transmit to any of His Majesty's Governors, or other Person, or Persons acting as such, any Orders or Directions, re- lating to His or Their Conduct, so far as it may affect, or be any wise construed to affect, any Foreign Prince, Power, or Potentate, whatsoever untill the same shall have received The King's Approbation, signified to Your Lordships by One of His Majesty's Principal Secretaries of State. As to all other Matters of Cor- respondence, which shall from hence forward pass, between Your Lordships, & the respective Governors, in America, you will please, to proceed in the usual Manner.
And whereas Your Lordships are further directed, by the said Order of Council, from Time to Time, as Vacancies shall happen by Deaths, or Removals, to present unto His Majesty, for His Approbation, the Name or Names of such Person or Persons, as Your Lordships, from the best of Your Judgment and In- formation shall think duly qualified to be Governors, or Deputy Governors, or to be of His Majesty's Coun- cil, or of 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 nec- essary for the Administration of Justice, & the Execu- tion of Government there, excepting only such, as are, or may be, appointed for the Direction, & Regulation of His Majesty's Customs, & Revenues, & such as are, or may be, under the Directions & Authority of the Lords Commissioners of the Admiralty. I have The King's Directions, to inform Your Lordships of His Royal Intention, as to the Manner of Your Proceeding herein, viz;, That in all such Cases, where the Names of proper Persons for any of the Offices abovemen-
35
1752]
ADMINISTRATION OF GOVERNOR BELCHER.
tioned, have usually been laid before His Majesty in Council, Your Lordships are to follow the same Method for the future, & in all other cases provided for by this Order of Council, Your Lordships are to transmit to One of His Majesty's Principal Secretaries of State, to be by Him laid before The King, for His Majesty's Approbation, the Names of such Persons, as you shall judge the most capable, of executing any such Office or Trust as specified in the abovementioned Order of Council.
I am My Lords
Your Lordships' Most obedient humble Servant HOLDERNESSE.
1136399
(Enclosed in the foregoing.) Copy of the Earl of Holdernesse's Circular Let- ter to His Maty's Gov's
WHITEHALL 30? March 1752.
Sir
I have His Majesty's Commands, to transmit to you, the Copy of an Order in Council, calculated for the future Regulation and Government of His Majesty's American Colonies, and I likewise send you inclosed, the Copy of a Letter, which The King has directed me to write, to The Lords Commissioners for Trade & Plantations, explaining the Method, in which it is His Majesty's Royal Pleasure, Their Lordships should put in Execution the said Order of Council, & You will accordingly receive an Additional Instruction, from the said Lords Commissioners for Trade & Planta- tions, directing You for the future, to address Your Letters to Their Lordships only, except in such Cases, as may require His Majestys more immediate Direc- tions; And it is the King's Pleasure, that you should for the future, conform yourself to the said Order of Council.
36
ADMINISTRATION OF GOVERNOR BELCHER. [1751
But whereas it may happen, that Circumstances of a very high & important Nature may arise which may require the utmost Secrecy, it is The King's Pleasure, that if any such should occurr, within the District of your Government, you should forthwith, with the utmost Diligence & Exactitude, transmit an Account thereof to one of His Majesty's Principal Secretaries of State only; And You are in such Case, to follow all Orders and Directions, which His Majesty shall think proper, to direct one of His Principal Secretaries of State, to transmit to You in consequence thereof.
I am Sir Your most obedient humble Servant
HOLDERNESSE
Letter from Governor Belcher to Richard Partridge -Mr. Ashfield acquitted.
[From a copy among the Belcher Papers in Library of N. J. Hist. Soc.]
ELIZ: TOWN April 8 1752
Bro: Partridge (Extract.)
Young Ashfield has lately been try'd upon the In- dictm' & clear'd by a nicety in Law altho' I believe every Body tho't him guilty of the Fact I intend soon to send you a Copy of his Case with further Affidavits of his Abusing the Gov" weh things being represented at the Board of Trade and impartially judg'd of I think must fully justify my Conduct in the Affair depending.
I am told that there are Comiss's coming from Eng- land to make inquiry into the Affairs of the Province. I wish they may soon Arrive and that I may have some fresh Advices from you. * * *
I remain with kind respects
Sir your love Brother & frd. J BELCHER
37
ADMINISTRATION OF GOVERNOR BELCHER.
1752]
Letter from Governor Belcher to Andrew Johnston, one of the Council, and Samuel Nevill, Judge of the Supreme Court-relating to the imprisonment of Simon Wyckoff.
[From Belcher Papers in Library of N. J. Hist. Soc.]
ELIZ: TOWN April 11 1752
Gent
I understand one Cornelius' Wyckoff is Commited to Gaol in P. Amboy for High Treason and John' Waller the Gaol Keeper who is now with me says he has too much reason to believe the sd Wyckoff's Friends will attempt to deliver him out of Gaol by force I have therefore made out upon the Sheriff the in- closed Special Warrant that he may take the better care to have the Gaol well secured that he may still be safely kept in Custody and as you are Gent" of Super- iour Order in this His Majestys Government I desire & expect from you that in your several Stations you do all in your power to encourage & protect the Sheriff in his Office that no insult or Outrage be committed on His Majestys Authority.
I am with due Respect Gent" Your Frd & Serv' J BELCHER
To the Honble Andw Johnston Esq One of His Maj- esty's Council Samuel Nevill Esq-One of the Judges of the Supreme Court, Province of New Jersey.
1 Simon in margin.
2 William in Letter, John in margin.
38
ADMINISTRATION OF GOVERNOR BELCHER. [1752
Letter from Governor Belcher to Samuel Nevill- about the riot at Perth Amboy.
[From a copy among the Belcher Papers in Library of N. J. Hist. Soc.]
ELIZ: TOWN April 14 1752
JUDGE NEVILL
Sir
I have just now recd yours of this day's date with the Affidavits and the particular Acct of the breaking open of Amboy gaol and taking out from thence Simon Wickoff who stood there Committed for High Treason and of the Rioters carrying him clear off wch is an Ac- tion of the highest & most Outrageous Insult upon the Kings Authority and demands the greatest resentment of all Persons in power in this Province that every possible step shou'd be taken for recovering the sd Wickoff for the returning him into Gaol.
I must observe that I think the Sheriff after M. Johnstons and your sending for him has been too in- dolent & negligent in this matter for I don't find that he in any measure follow'd Col' Johnston & your Ad - vice in order to repel such a violent proceeding.
To be sure his under Officer Waller was guilty of the most unwarrantable breach of Duty in suffering the sd Wickoff to be absent from the Gaol for three days together & really deserves the severest punish- ment the Law can inflict upon him.
I think the method you propose for the more sure recovery of Wickoff is the most rational & feazible & therefore wou'd have the matter talkt of as little as may be.
In the mean time I have ordered M' Secry Read to Summon all the Members of the Council to meet me here without delay to advise with them what steps
39
ADMINISTRATION OF GOVERNOR BELCHER.
1752]
may be most prudent for Supporting the Kings Gov- ernment of this Province & for bringing all the persons concerned in this late Outrage to Condign Punishment. I am with kind respects Honble Sir Your Frd & Serv' J BELCHER.
Letter from Governor Belcher to Mr. Secretary Read -about riot at Perth Amboy.
[From a copy among the Belcher Papers in Library of N. J. Hist. Soc.]
ELIZ: TOWN April 14 1752
MR. SECRETARY READ.
Sir
Mr Sheriff Deare is now with me and gives me the Account of the Rioters coming yesterday to Amboy Goal & in an Outrageous manner rescuing Samuel Wickoff who stood there committed for High Treason & of their carrying him clear off.
Upon this Extraordinary insult on the Kings Au- thority of this Province I think it absolutely necessary to convene the Kings Council & it is therefore my order that you send forth a Notification to each Mem- ber with all possible dispatch that they meet me here at such a day as you judge the most remote of them can comply with the time you may set.1
Notwithstanding there is an Order of Council for their quarterly Meeting yet this is an Affair of too high a nature to be delayed one day.
I am Honoble Sir Your Frd & Serv!
J. BELCHER
1 Meeting was called for April 24th, but only three members attended ; nothing was done .- ED,
40
ADMINISTRATION OF GOVERNOR BELCHER. [1752
Letter from Judge Samuel Nevill to Governor Belcher -informing him of the result of the trial of Lewis Morris Ashfield.
[From P. R. O. B. T., New Jersey, Vol. 7, H. 17.]
Judge Nevill: Letter relating to the Tryal of M' Lewis Morris Ashfield
PERTH AMBOY, April 17: 1752
May it please Your Excellency
According to Your Request, I herewith send you, the most particular Account I am capable of Collecting from my Notes and Memory of the Tryal of M' Lewis Ashfield at the Supreme Court of Judicature held in March last at Perth Amboy, upon an Indictment for a Misdemeanour, in speaking the following words to one John Hite, a Constable, to wit, God damn you, with your Kings Laws.
John Hite deposed, That upon a Sunday some time in the Month of August last, about One or Two O'Clock, as he was coming home from Meeting at Cranberry, he heard some body swearing profanely That he went up to them, and desir'd them not to Swear: That M' Ashfield was in Company; but did not hear M' Ashfield Swear, and that he seemed to be sober: That he reprimanded- them for Swear- ing, and told them to have Regard to the Kings Laws: and Ashfield reply'd, Damn you WITH YOUR Kings Laws That he went up to them with Design to dis- charge his Duty, in reprimanding those that Swore: and that he did not lay Hands on Ashfield before he struck him.
Abraham Cottinam, (who then acted as Kings At- torney) deposed, That the Words, as given to him at
41
ADMINISTRATION OF GOVERNOR BELCHER.
1752]
first to draw the Indictment by, were, God damn you, AND THE Kings Laws too That he afterwards asked Hite, whether he was sure those were the Words; That Hite, after some Hesitation, said, That he, (meaning Ashfield) did not say so; but that he said, God damn you WITH YOUR King' Laws and this he said before the Grand Jury
Hite then being ask'd by the Court, What the Words were. which Ashfield spoke, replied he was sure they were Damn you, WITH YOUR Kings Laws.
Humphry Mount deposed, That he was certain, that Ashfield said, Damn you, AND THE King? Laws.
Jonathan Hankins deposed, That Ashfield said, God damn you, AND YOUR King! Laws too.
The Defendant then produced several Evidences, who deposed that they were present during the dispute, as Lookers-on, and no way engaged in the Affray. That they heard no such words spoken: & if they had been spoken, they shou'd have certainly taken Notice of them.
Daniel Connor deposed in particular, That Hite grew warm, and said, he wou'd carry them (meaning Ash- field, Vanhorn, and Salter) to Amboy Gaol: That they Offered him Bail: & Hite said, he would take no Bail: And that Hite then laid Hands first upon Ashfield; & Ashfield struck him with his Whip: That Hite then call'd for Assistance; and then Mount and Hankins en- gaged in the Affray: That in the Skirmish, Hite: Wife coming up and received a Stroke upon her Arm with a Whip from Ashfield Accidentally: And that upon her telling M' Ashfield of it, he said, he was sorry for it; and gave the Woman a five and Thirty Shilling Bill.
The last Particular was own'd by Hite; who said, M' Ashfield had made them full Satisfaction, and that he always took him to be a very Civil Gentleman, not- withstanding the Dispute which then happened be- tween them.
42
ADMINISTRATION OF GOVERNOR BELCHER. [1752
Hite was ask'd, Whether he had not declared, That he was spirited up by some Persons to accuse M' Ash- field in the manner he had done.
Upon which Hite reply'd, He had never said so.
Thomas Duncan then deposed, That John Hite had declared to him, That he shou'd never have accused, or said anything against M' Ashfield, if he had not been prompted to it by Andrew Gordon and John Thompson.
Upon the Whole the Court cou'd not in Justice help observing to the Jury, That out of a great Number of People then present, not one Evidence appeared in Be- half of the King, to support the words charged in the Indictment, except Hite, Mount, and Hankins, who were all in the Heat of Blood, and warmly engag'd in the Quarrel; and each contradicted the other as to the Words said to be spoken by M' Ashfield; which gave Rise to the Point of Law that Your Excellency heard arose upon the Tryal, which Your Excellency will find in 2 Hawk. Chap. 46. Fol. 436 Sect. 36 Tit. Evidence.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.