USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 9
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A letter from the Judge who tryd the matter As also the Kings Attorney General: Notes, of some Particulars that past at the Tryal.
These things I pray your Lordships to read, and Con- sider.
As also M' William Morris: Affirmation, relating to the said Lewis Morris Ashfields rude, and Indecent Treatment of His Majesty, in the Person of His Gover- nour.
And the said Lewis Morris Ashfield® Recognizance, For his good Behaviour.
These things, May it please Your Lordships, being duly weighed, I cannot but Suppose, You will be fully in Opinion with me, that they are a Just and reasona-
112
ADMINISTRATION OF GOVERNOR BELCHER. [1752
ble Bar, against his setting in Council in this Prov- ince.
Your Lordships will also please to remember that he is a Resident in East Jersey, and yet stands in Nomi- nation to fill up the Vacancy, of a Member wanting in West Jersey, and which Your Lordships will find, directly Contrary to His Majestys 6." Instruction to me; I therefore again hope upon the whole, Your Lordships will so far Support the Honour, of the King® Government here, as not to let The King's Laws, and the King's Governour be so Vilely treated, by the Mad freaks of this young Man in which if he be En- courag'd it must Naturally tend to the Subversion of good Order, & Government.
I have the Honour to be, with great Respect
My Lords Your Lordship's Most Obedient & Most Humble Servt
J BELCHER
Notes of Mr. Warrell, the King's Attorney General -upon the Trial of Mr. Lewis Morris Ashfield, received September 15th, 1752.
|From P. R. O. B. T., New Jersey, Vol. 2, H. 16.]
Notes received from the Attorney General re- specting Mr Ashfields Tryal & Acquittal
Tis true by a Nice Distinction in Law he was Ac- quitted of that part of the Indictment relating and speaking the Identical Words as strictly laid therein but as he was Convicted of that part that Related to a Notorious Breach of the Peace by an Assault & Bat- tery on One of the Evidences a Sworn Constable in the performance of his Duty came to Reprimand him for his Irregular & Outragious Behaviour.
113
ADMINISTRATION OF GOVERNOR BELCHER.
1752]
That it appeared thro' the whole Course of his Tryal that he was far from being a Man worthy of a Seat at His Majestys Council Board and this may appear by
His coming from his own House with his two Drunken Companions in the publick Road on the Lords day and at the time of Divine Service knowing that a Congregation of Anabaptists were then at their Meeting House at Religious Worship that his Outra- gious Behaviour was within the hearing of the said Congregation
His gross Vulgar & unseemly Language to the Con- stable at first he mistook to be a Justice of the Peace Such as you M' Black Packet are you not a pretty Devil of a Justice &cª and when he was informed he was but a Constable Calling him back to Abuse him and asking him in a Taunting Manner what was to pay for Swearing and what was the fine telling him One of his Companions had Swore an Oath & he wou'd pay for him and pulling out a Six Shilling Jersey Bill and urging the Constable to take it telling him he need not give back any Change for that he intended to Swear the remainder of the Bill out and so he did.
And it appeard by Ashfield: owo Witnesses that he & his two Companions were all much in Liquor but Ashfield the least of the three
J B
Letter from Governor Belcher to the Lords of Trade -in reference to the suggested revision of the Laws.
[From P. R. O. B. T. New Jersey, Vol. 7, H. 25.]
ELIZABETH TOWN (N J) October 16th 1752. May it please Your Lordships
My last was of the 14: of September', to which, (and to many others, which I have for some time past wrote
1 The Orig' dated 15 Sept see H. 13. Duplic do 14 Sepr see H. 20,
9
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ADMINISTRATION OF GOVERNOR BELCHER. [1752
Your Lordships,) I shou'd be glad of an Answer from Your Lordships at Your leisure, in the meantime, I am to own the honour, of Your Lordships Letters, of April 28th, and June 3ª last past, and which came to my hands but yesterday, with two Additional Instruc- tions, dated Whitehall 16th of April past.
One of them, in Consequence of His Majesty's Order in Council of 11th of March last, Signifying to me, that it is His Majesty's express Will & pleasure, that I shou'd for the future, Transmit to Your Lordships only, all things relating to the Province of New Jersey, (except as therein excepted).
The other, respecting a Revisal of the Laws of this Province wherein it is said, that it is His Majestys Will & Pleasure, that I shou'd jointly with the Council and Assembly, of His Majestys Province of New Jersey, forthwith Consider, & Revise the Laws of the said Province, in order to frame and pass a Compleat, and well digested Body of New Laws &cª
To the first of these, His Majestys Instructions, I shall My Lords, dutifully Conform my Self on all Occasions.
As to the other, as the Council & Assembly, are to act Jointly with me, I shall first of all, Communicate the Instruction to His Majesty's Council, at their Stated Meeting the 21st of next Month, and then take their Opinion, as to the time of Calling the Assembly together, to Communicate the said Instruction to them.
As also the Copy of an Act, Your Lordships have sent me, pass'd in Virginia in April 1746, for a Revisal of the Laws of that Colony, and Your Lordships may assuredly depend, I shall Advise in this difficult Affair, with His Majesty's Council, and do all, and everything in my power, (Consistent with reason and prudence) that the said Instruction may take Effect, in the better Support of His Majestys Authority, and Interest in this Province, and for the better Establishment of the Prosperity of His People.
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ADMINISTRATION OF GOVERNOR BELCHER.
1752]
But I must early Inform Your Lordships, that so it happens, that the Acts, & Laws of this Province, from the Surrendry of the Government from the Proprie- tors, To the Crown, have been lately Revised, and Re- printed, this present year, at a Considerable Expence, and bound up in two to three hundred Volumes, and this I am afraid will be thrown in the way, as a rea- son * why they may not Conform themselves to this Instruction.
I take a very particular Notice, of what Your Lord- ships say, in Your Letter of 3: of June, respecting his Majestys Instructions in General, to His Governours of His Plantations in America, and wou'd say as to my Self, that I question, whether any one of His Majestys Governours on the English Continent, reads and observes the Body of His Instructions, so often, and with so much Care and Circumspection as I do, and yet they cannot all of them at all times, be literally and exactly Conformd to, yet I shall when any Extraordinary Case happens, avoid deviating from them, without Applying to Your Lordships, for previous directions, how to proceed in such a diffi- culty, and when at any time, the Assembly go into a Method of passing any Law, Inconsistent with His Majestys Instructions, I shall lay before them, what You now write me on that head, and do all in my power, to divert them from such a Manner of Pro- ceeding.
As to such parts of His Majesty's Instructions, as from the Alteration of Circumstances, or through length of time, are become Obsolete, Useless, or Im- proper, I shall in such reasonable time, as it may re- quire, Revise & Consider all His Majesty's Instructions lying by me, and humbly report to Your Lordships, such of them, as I think may bear the Epithets You have mentioned, and at which time, I believe I shall readily gain the honour, of Your Lordships being in
116
ADMINISTRATION OF GOVERNOR BELCHER. [1752
Opinion with me, that Several of the Instructions now lying by me, are not so well adapted or Calculated, as they might be for this Province, in its present Situa- tion and Circumstances.
I have the honour to be with great Esteem & Respect My Lords Your Lordships Most Obedient & Most Humble Servant
J BELCHER
Letter from John Ayscough, Secretary to Governor Clinton, New York, to Robert Hunter Morris, London-about Provincial affairs.
[From Papers of R. H. Morris in Library of N. J. Hist. Soc., Vol. I, No. 47.]
FORT GEORGE [New York] 24th November 1752 The Honble Robt. H. Morris Esq" S.
His Excellency being taken very ill last Night with his old Disorder, and as the Ship is just upon sailing, orders me to acquaint you that he acknowledges the receipt of your kind Letter of 9th of October, by Bryant' last Munday, for which he returns his Thanks.
He much approves of your Advice of having a pub- lick hearing by Council, if the Lords of Trade should send up a Representation upon Wraxall's Complaint," which should they do, he thinks it would be the greatest Ungenerosity, especially before they had given
1 Capt. William Bryant was quite a distinguished personage for several years, being one of the few regular traders between the old and new world. His tomb- stone is yet standing, although in a dilapidated state, in St. Peter's Churchyard, Perth Amboy, and records the fact of his having made fifty-five voyages between New York and London. See notice of his family in Contributions to the Early His- tory of Perth Amboy, p. 145, and New York Papers of July 17th. 1772 .- ED.
2 Of not having been admitted by Gov. Clinton to the office of Town Clerk, etc., of Albany. See N. J. Col. Docts., Vol. VI .- ED.
11:
ADMINISTRATION OF GOVERNOR BELCHER.
1752]
him the least Notice of it, that he might have had it in his power to vindicate his Conduct, and not to have given their Judgements previous to having heard what he had to say on it. As to that Board being dis- pleased with him, it gives him very little uneasiness, he being not in the least conscious of deserving it, and as to the Person they send out to succeed or supercede him, I believe it is equally indifferent to him, could he but get home, for in short this Climate is as disagreea- ble to his Constitution as the People of it are different from his way of thinking, for which reason he begs you would let slip no opportunity to procure his Leave of Absence as soon as possible, For if Lord Halifax is determined, that none but a Nobleman of Fortune, In- tegrity and Understanding shall be his Successor, he fears it will be long enough before his Lordship can procure such a Person to accept of so much inevitable Trouble and Anxiety as he will be certain to meet with here in the Administration if they receive no more Redress and Assistance from home than he has. By this opportunity his Excellency presses his Leave of Absence to Captain Clinton for the above reasons. * * His Excellency sends the Minutes of the last Session of the Assembly to M' Catherwood where you will see we mett and parted without disagreeing & Upon their promising to provide for Indian Affairs next Session he has appointed and issued out a Com- mission for Commissioners of Indian Affairs.
I am S' Your most obedient and very humble Servant JNº AYSCOUGH
An Account of the Quantity of Pig and Bar Iron Imported into England from his Majesty's Colonies and Plantations from Christmas, 1749, to Christmas, 1752, distinguishing each Colony and each Year.
[From P. R. O. B. T. Plantations General, Vol. 15 [13], O, 123.]
1750.
1751.
1752.
Barr
Pig
Barr
Pig
Barr
Pig
Tons
C Q Ib
Tons
C Q1b
Tons
C
Q 1b
Tons
C
Q 1b
Tons
C QIb
Tons
C
Q1b
Barbadoes.
18
12
16
Carolina
17
14
12
20
Jamaica
4
2 1
New England
21
1
2
8
9
16
2 13
New York
75
12
1 4
2
33
3 22
5
Pensilvania
318
9
3 11
199
15
2,22
64
16 2 5
8
2 26
St Kitts.
5
5
2 4
2
4 2
Virginia & Maryland
5
17
3
2508
16 1 25
3
4 2
9
2950
5
3 15
16
10| 2|21
2762
81
4
Total
5
17 3
2924
20
23
16/ 2 25
3220
- .
4
81
7 __ 126
2982
11| 1|17
N. B. The Accounts fr the Year 1753 not being all return'd to the Inspector Generals Office, is the Reason this Account ends at Christ® 1752 and cannot be made up any further.
Custom Hº London 8th January 1754
JOHN OXENFORD AS J' Gen1
[1753
ADMINISTRATION OF GOVERNOR BELCHER.
118
I
1
I
1
1
1
1
1
1
5
8
1
-
-
41 156
i
--
-
An Account of the Quantity of Pigg and Barr Iron Imported into England from his Majesties Colonies & Plantations from Christ: 1749 to Christ: 1752 distin- guishing each Colony and each Year.
1750.
1751.
1752.
Barr.
Pig.
Barr.
Pig.
Barr.
Pig.
Tons
CQ
1b
Tons
C Q 1b
Tons
C Q 1b
Tons
C QIb
Tons
CQ
1b
Tons
C |Q 1b
-
Barbadoes -
18
12
16
5
8
Carolina
17
14
12
20
Jamaica
4
2
1
-
1
21
1 2 8
9
16
2 13
New York.
75
12 1 4
2
33
3 22
5
8
2 26
St Kitts
5
17
3
2508
16| 125
3
4 2 9
2950
5
3|15
16
10 2 21
2762
8
4
Total.
5
17
.3
2924
120
23
16| 2|25
3220
11
4'
81
71
_126
2982
11 117
N. B. The Accounts for the Year 1753 not being all return'd to the Inspector Generals Office, is the Reason this Account ends at Christ$ 1752, and cannot be made up any further.
Custom Hº London 8th January 1754.
JOHN OXENFORD As G Gen'
1753]
ADMINISTRATION OF GOVERNOR BELCHER.
2
4
2 7
Pensilvania
318
9
3|11
199
15
2|22
64
16 2 5
41 156
I
1
1
1
1
5
51
4
Virginia & Maryland.
- -
- -
1
New England
1
119
120
ADMINISTRATION OF GOVERNOR BELCHER. [1753
Letter from Governor Clinton, of New York, to Robert Hunter Morris-enclosing a notice of Chief Jus- tice De Lancy.
[From original, among papers of R. H. Morris in the Library of N. J. Hist. Manu scripts, Vol. I, No. 50.]
THE CHARACTER OF A DISBANDED COURTIER
He was born with an aspiring Mind, by much too high flavor, for his Quality & Estate. His Dexterity in doing Ill made him thought capable of performing admirably well, if ever he came to be employed and entrusted. He was preferred for Ability to high De- grees of Honour and Office, admitted into the Cabinet Council made acquainted with all the Secret Wheels (and could tell how many Cogs there were in each Wheel) upon which the great Engine of State was turn'd, and kept in Motion.
His Glory was so eminently conspicuous, that there were but few Persons below the Crown seemed above him: And nothing was wanting to render his Felicity as lasting as Nature intended his Life, but a Heart that knew how to be gratefull to his Benefactor. He thought all the Favours and Honours he enjoyed were less than the Reward of his Merit; That Thought puffed him with Pride; such a Sort of Pride as is commonly at- tended with an irrecoverable Fall, (which was his For- tune) And at his Fall, might very well have been pro- claimed: Woe to you, the Inhabitants of the Earth, for the Devil is come down among you.
Open Revenge against his Sovereign being too dan- gerous to attempt he promptly resolves upon secret. He exposes all the Weaknesses and Infirmities of the Court (from which no Court is free) and when he can find no real Faults he feigns imaginary ones, and passes them off for current. By this new and false
1753]
ADMINISTRATION OF GOVERNOR BELCHER. 121
Optick, he represents every Mole-hill of Mistake in the publick Administration, for a Mountain as tall as Ten- eriff, and as dangerous as the Top of Etna, Nay, he multiplies and magnifies the very Miscarriages which were the Effect of his own evil Council, He arouses the freest Nation in the Universe, with wild Rumours, and extravagant Apprehensions of Slavery: under the Government of a Prince, who, in Acts of Favour, Mercy and Clemency, has exceeded all his Predecessors. He fills the Heads of the People full with whimsical Fears of fantastick Devils (chimeras which only his Motive has raised) on Purpose to frighten them for Bedlam, or for Rebellion. He makes the Pretences of Liberty, the Stirrup to get up and Property the Steed he rides, in Pursuit of his monstrous Designs. With these Pretences, he cheats the Innocent and promising to open their Eyes, serves them as the apostate Angel did our Parents in Paradise, only blows into them the Dust of Disobedience, and robs them of the Jewels he pretends to bestow, (viz) Liberty and Property, which are both so much talked of, and both so little under- stood.
Being a Gentleman of little or no Religion himself, he seems, for all that, to espouse every Division and Subdivision of it; every Faction and Person, who are bold enough to stand stiff in Opposition against the well settled Government. What avails it, that he is, in his own Nature, a frugal Man? He keeps open House for Entertainment of all State Male-Contents, without Consideration either of Qualities or Qualifica- tions, as he accompanies and carouses, and contracts Intimacy and Amsty with the lewdest Debauchees, that he thinks will forward his private Intrigues; He becomes all things to all men, in the very worst of Senses; perverting the Design of St Paul, that he may at least, delude some, to be as bad as himself.
Having lost his Honour with his Prince, and Repu-
·
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
tation with the best of Men, he cringes, creeps, and sneaks, to the lowest and basest of the People, to pro- cure himself, among them, an empty vain-glorious, and undeserved Name, the Patriot of his Country.
And lastly, hoping to be made the Little Head of the Great Rabble, he persuades them to believe, that they are all betrayed: Encourages them to strike Home against the Enemies of the King and Kingdom (point- ing to the faithfulest and most affectionate Servants to both) well knowing that the mighty Fabric can never be shaken, till its main Pillars and Supporters be, by cunning and sly stratagem, either destroyed or undermined.
By this, may appear the Weakness of that modern Piece of Policy, Oblige your Enimies, your Friends you are sure of already: And the transcendent Wisdom of Solomon's Advice, Let thy own Friend, and thy Father's Friend, never be forsaken.
NEW YORK 17 Jan' 1753
My Dear Sir
I send you the above as a just Picture of C. J. De Lancey, to make what use of it you think proper and it Serves as Newes in these dead times when no Vessell can Stir for ye great Quantity of Ice, yt frequently Slayes pass over ye River and much Sevearer than it was in ye hard winter, yt I believe the very . be- gins to be tyred with Slaying, We have had Some days
yt ye wou'd not Slay. My desiring M' Chambers to sett up for one of ye Assembly (?) has so frightened him yt he has only been able to eat or drink for this two days affraid of ye C. J. & Olivers I told him if Men of his Nature & part, was affraid to appear in their Countryes cause, it must Strike a damp in Numbers, he Said that things was managed most scandilously in ye Assembly by Three or four, and yl every one thing was Settled at Tavern, first & if any
123
1753]
ADMINISTRATION OF GOVERNOR BELCHER.
of ye Country Members offered to oppose their Schemes, in any shape they were abused & pointed at but so terrifyed that he dare not attempt it, which makes it a Common-Saying now amongst ye people yt if Oliver wou'd but Sett up his Four Coach Horses they would carry it Can any thing be more scandilous than is C. J. medling with elections and even Stoops to Common Council Men & Bellowing out agt Government far as he durst Venture, and what he dont he setts on his Bull Dogs and he has not a more violent one than James Livingston, but I have complained [of] these things so much, but leave it to you it is to Succeed which if you dont curb in England you will find some difficulties in doing it here. The four old Members has promised to Stand by one another, but in case Vanhorn trips as he is in a very fair way, Chambers has promised to sett up, but I think when it comes to the fact he will be affraid. I have wrote to M' Cather- wood to slacken his Sollicitations to make him a Chan- cellor, if not done, I fancy you will be of my Mind, if he should be of ye Council he will be as much affraid of ye C. J. then as now, and as fear has made him braik his first promiss with me, I dont think he ought to be of ye Council, besides, I see very plainly he is greatly govern'd by Joe Read & he by Hermandam and all his Wifes Relations are of ye C J. side (at pre- sent) for they durst not be otherwise, and untill that Commission is Superceeded the people will not venture to oppose him (19th) The weather is grown a little moderate so that ye Vessels will venture out, Major Vanhorn is very ill & they talk of Setting up either Oliver or James Livingston, and Chambers will not venture to oppose them & Sayes he wou'd rather give £500 than set up. Such a timorous man can be good for nothing, but shall write again Soon by another opportunity and will now bid Adieu.
G. CLINTON.
To the Honble Robert Hunter Morris Esq
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ADMINISTRATION OF GOVERNOR BELCHER. [1753
Letter from the Lords of Trade to Governor Belcher- disapproving of his course towards Mr. Ashfield.
[From P. R. O. B. T. New Jersey, Vol. 15, p. 382.]
To Jonathan Belcher Esq: Governor of New Jersey.
WHITEHALL Jan'ry 18 1753.
Sir
We have received your Letter of the 4th of Septem- ber last, and the sev! papers transmitted with it.
We can by no means approve your Conduct in refus- ing to admit M' Lewis Morris Ashfield to his seat in His Majesty's Council: On the contrary We think you have proceeded very irregularly, in as much as it is your Duty to pay Obedience to the Royal Mandamus.
We do not think your Objections to M' Ashfield well founded either on the Proceedings in the Court of Law upon the Indictment preferr'd against him, or on your Interpretation of the 6'! Article of your Instruc- tions, and therefore We desire and expect that you will immediately admit him to his Seat.
M! Ashfield's behaviour appears to Us to have been indiscreet, but not such as may justify your refusal to admit him to that Station to which His Maj" has expressly appointed him. We hope he will for the future act a more prudent part, but if his future Con- duct should render him unworthy to sit at the Council Board, you will always have it in your Power, with the Advice of your Council, to suspend him, transmitt- ing your reasons at the same time in conformity to your Instructions.
So We bid you heartily farewell, and are
Your very loving friends & humble Servants
DUNK HALIFAX CHARLES TOWNHEND JAMES OSWALD.
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ADMINISTRATION OF GOVERNOR BELCHER.
1753]
Letter from Governor Belcher to the Lords of Trade- about Messages of the Legislature.
[From P. R. O. B. T. New Jersey, Vol. 7, H. 26 )
ELIZABETH TOWN (N J) Febru'ry 22: 1753
May it please Your Lordships
Agreeable to what I wrote You, the 16th of October last. I met His Majestys Council 21st of November fol- lowing, and then Communicated to them the Kings Instruction, relating to a Revisal of the Laws of this Province, and asked their Advice upon it, & which Your Lordships will find in the inclosed Minutes of that Council, & that they seemed to be Cool and indif- ferent, as to the time of Meeting the Assembly, although His Majestys Command to me, Was forth- with to Consider and Revise &cª, and I therefore thought it my Duty to see the Assembly, as soon as I cou'd, and they accordingly met me here, the 19th of December last, and by their Journals (which I now Cover to Your Lordships) you will find, I prest that matter upon them in the best manner I cou'd, and in which they came to no Conclusion, but by refering the Consideration thereof, to their next Session which will not be till the beginning of May next, (being a time most Commodious to their private Affairs) & when I shall say to them what I Judge may be further neces- sary in this matter.
Your Lordships will also see, that I earnestly prest upon them, some new and more Effectual Law, for the discountenancing of Riots, and to which Your Lordships will find they gave no reasonable or Satis- factory Answer, I must therefore Repeat again to Your Lordships, that I have no Expectation of any thing being done here, in further Check to Rioting and Mobbing, until the Order from the King shall
126
ADMINISTRATION OF GOVERNOR BELCHER.
[1753
Arrive, of which Your Lordships wrote me 27th of March 1751.
Together with the Papers aforementiond, I also Cover to Your Lordships, the Minutes of Council from 14th to 22.ª of December, which with them, will give your Lordships a very particular Account, of all that has past in the publick Affairs of This Province since my last.
I have My Lords according to mine of 16th of Octo- ber, been looking over the two Bodies of Instructions, I recd from His Majesty at St James: but am not yet prepard to Report to Your Lordships, what of them may be usefull, or Improper, for the future, but shall still be perusing them, in order to the laying before Your Lordships the best Judgment I can make in this matter.
I have the Honour to be with great Esteem & Regard My Lords Your Lordships Most Obedient & Most Humble Servant
J BELCHER
Letter from Governor Belcher to the Lords of Trade -had admitted Mr. Ashfield to the Council, al- though not in accordance with his sixth instruc- tion, which he incloses.
[From P. R. O. B. T. New Jersey. Vol. T. H. 27.]
BURLINGTON (N J) May 28th 1753
TO THE LORDS OF TRADE
May it please Your Lordships
The 29th of the last month, I received the honour, of Your Lordships Letter of the 18th of January, relating to M' Lewis Morris Ashfield, and since Your Lordships are pleased to think my reasons, for refusing to admit
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