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The Votes and proceedings of the General Assembly of the Province of New-Jersey. 1761-68. 20th Assembly. online

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Bill, entitled, An Aft to naturalize Jacob Hertel, and John Jacob Failhj alio the Bill,
entitled. An Acl for laying cut and cftablsjhmg a Road Jrcm Bergen-Point, up along
Newark-Bay, and from thence to Faulus-riook, on riudfon'j R:ver, iyc. alio the Bill,
entitled. An Aft to enable the Owners ai:d Poffeffors of the Marfh and ^wamp lying en
the South Branch of Stow Creek, to mai taift the Bank, Dam, and other li^aterworks
ncrofs the [aid Creek, to prevent the Tiae, ^c. have all pafled the Council without

The engrofled Bill, entitled, A Supplement arj Act, to an A51, entitled. An K6k for
laying out a Road from Newark, to the puhltck Road leaaing from Bergen- Point to
Paiilus-Hook, on riudlbn'j River, i^c. being read and compared i on the Queftioa,
whether the fame do pafs, it was carried as follows :


Mr. Jcknjlcr., Mr. J. La^urence, Mr. Ktafbey, Mr. Runyor.,

Mr. Andeijon, Mr. Bcrttta, Mr. Sitlv.-ell, Mr. Fijkir,

Mr. Ogder, Mr. Doughty Mr. Reading, M'^an Gie/is,

Mr. Cra.-r.-, Mr. Milicr. Mr. Hart. Mr. Dty.

That the fame do pafs.

The cngrof^d Bill, entitled. An Acl to continue an A^, entitled. An Aft to prevent
Wafte, ^c. upon the Common Land, allotted to the Patent of iJeacaucus, i^c. being
read and compared j on the Queftion,

Nemine Contradicente, That the fame do pafs. ^

The engroiTed Bill, entitled, An Aft for invefting a Fee Simple in the Toll Bridge
lately erected over Newcon Creek, in William Gerrard, hii Heirs and AJigns, ^c. being
read and compared i on the Queftion,
That illy, l^mc do pais.

I The

( 34 )

The cngrofTed Bill, entitled. An Aft to impower the Juftices and Freeholders of the
Counties o/Eflex and Bergen, to build a Bridge over Pairaick River, ^c. being read
and compared i on the Queftion,
That the iame do pafs, Nemine Contradicente.

That Mr. Van Giefon, and Mr. Crane, do carry the faid Bills to the Council for
their Concurrence.

The Bill, entitled, An Ad to repair the fublick Roads of Hanover, in the County
of Morris, by a Tax en the Inhabitants of the fame, was read the fecond Time.
That the fame be committed to Mr. Borden and Mr. Hart.

Mr. Van Giefon reported, that Mr. Crane Siud himfelf, delivered the Bills to them in-
trufted, to the Speaker in Council.

The Petition from a Number of the Inhabitants of Wocdbridge, in the County of
Middkfex, complaining of unequal Taxation, as the Laws for that Purpofe now
iland, was read the fecond Time.

That the Confideration of this Matter be referred to the next SefTions of AfTembly.

The Houfe adjourned till Two P. M.
The Houfe met, according to Adjournment.

Mr. Borden from the Committee, to whom was committed the Bill, entitled. An
Aft to repair the Roads of Hanover, in the County of Morris, by aTax on the Inhabi-
tants of the fame, reported the fame, with fevcral Amendments, which were read, and
on the Queftion,

That the fame be engrofled.

A Petition was prefented from a Number of the Owners and Podefibrs of the Lands
and Meadows adjoining to Pc.ffatck River, in the County of EJfex, Somerfet, and Morris,
letting forth, that they have received great Damage, occafioned by a Mi!]-Dam built
acrofs faid River, belonging to Samuel V/codniff, Efq; and praying the Relief of this
Houfe, which was read, and the Parties attending, and being defirous to be heard,
were called in;

That the faid Petition do lie on tht Table.

A McITage from his Excellency by the Deputy Secretary in the following Words.

♦ Gentlemen,
< T Was in Hopes, that as His Majefly and His Parliament had been

* jL gracioufly pleafed to forgive the late Irregularities in the Colonies,

* it would have been the Inclination and Endeavour of every prudent
''Pcrfon that they fhould likewife be forgot. In thefc Expectations I
' find myfelf greatly difappointed, by your Meffagc in Anfwer to my

* Speech at the Clofe of the laft SeiTion. You have therein revived a

* Subjedt vv^hich I imagined " a due Senfe of the Honour of the Province,"

* would have induced you to wifli buried in Oblivion. Had you, however,

* contented yourfelves with giving nn unfair Reprefentation of what I

< then

( 33


' then faid and did, I (hould probably have pafled it over unnoticed ; but

* as you have likewife attempted to juftify your Proceedings, and thereby,

* as far as in your Power, eftabhfh a Precedent for the like Condud: in
' future, the Duty of my Station will not fuffer me to be filent.

' Before I enter into a particular Confideration of your MefTage, I

* think it neceffary to give a fuccind: Detail of the Matter in DiTpute

* between us, as I hear it has been much agitated and greatly mifrepre=
' fented, in many Parts of the Province.

* At a Seflions held at Burlhigton, in June, 1765, a Letter from the
' Speaker of the MalJachuJets-Bay, was laid before the Houfe, requeuing
' them to appoint Commiffioners to meet thofe of other Provmces at aa

* intended Congrefs in New-Tork. The Houfe, after taking the fame
' into " deliberate Conjideration," determined (as appears from their owa
' Words) " unanimoujly againft conneSling on that Oua/ion," and diredled a
' Letter to be wrote at the Table to the Speaker of the Majj'ach.f ts~
' Bay, acquainting him with their Determination ; whicii was done

* accordingly, approved of, and ordered to be figned by the Speaker.

* Not long after, the Speaker, with the Advice and Concurrence (as I

* underftand) of fome others of the Houfe, thought proper to write a

* circular Letter to all the Members, deflring their Attendance at Amboy.
' In Purfaance of this new and extraordinary Kind of Summons, a N^umber
' of them mst, but others, more wifely, refufed to attend: However,

* thofe who did aj-pear, tho' not more than Twelve of the Rcprefentatives,

* immediately proceeded to Bufinefs. The S leaker took the Chair, one

* of the Members was appointed to a6las Clerk, Debates enfued, and the

* Refult was. They (tt zfiietlmt un:7n''mouf Refolution which the Houfe,

* in their conftltutional Capacity, had made after deliberate Coyijideratioriy

* and, in diredl Oppofition thereto, appointed a Committee to attend the
' Congrefs at Neiv-Tork. Two of their Number, with the Speaker,

* being nominated, undertook the Service, had a Copy of their Appoint-
' ment certified bv^ the Clerk, which they produced at the Congrefs as
' their Authority for attending that Meeting. The Speaker, it ieems,

* by refufiiig to fign the AidreflTes prepared there, gave great Otfence to

* many of the People, and it v/as judg'd neceffary that there fhould be a

* Meeting of the whole Legillature, to prevent Difturbances on that

* Account. Nine Members then joined him in requeuing me to call

* fuch Meeting, which I immediately complied with, agreeable to a

* Declaration I had made foon after my Arrival in the Province. The
' Affembly met on the 26th of November at Burlington, and entered into

* fandry Refolutions relative to Rights and Privileges. I was in daily

* Expedation that they would likewife either condemn, or make fome
' Apology for the illegal Meeting at Amboy, and as I thought it would be

* more for their Honour and Credit as a Houfe, that they fliould do this

* of their own Accord, than in Confequencc of my reminding them of

* their Duty, I omitted faving aiy Thing to them on the Occafion. tut

* what was the Conduct cf the Houfe at this Jundure ? They cime to a

* Refolution, purporting, th t t'ley not only approved of the Proceedings
' of the Congrefs, but of the " Appmntmnu qI the Commit. ee" wiio

• attcndwU

( 36 )

' attended in Behalf of this Province: Thus giving all the Sandlionthey

* could to the Meeting at Ainboy, and fixing a Precedent for the like

* hereafter. I received a Copy of the Minutes containing this Refolve in

* the Evening, when two of your Members happened to be with me. I

* told them that I was forry to fee that Refolve, as I expeded one of a

* quite different Nature, and was now put under the difagreeable Necef-

* fity of faying fomething to the Houfe on a Subjedl which I was in Hopes
' to have avoided. They faid they difapproved of that Part of the Refolve

* at which I took Exceptions, as much as I did, and wifhed it had never
' paffed. Next Morning a Member acquainted me, that the Houfe had

* ftruck out of their Minutes the exceptionable Part of the Refolve of the
' preceding Day, and hoped that would fatisfy me. My Anfwer v/as, that

* the Houfe had fo far aded right, but as they had not thought proper to
' difapprove or apologize for that unconflitutional Meeting at Amboy,
' there was flill the fame Neceffity for my taking Notice of it as ever;
' for a total Silence might be deemed as much an Acquiefcence with it as

* an exprefs Approbation. In lefs than an Hour afterwards, I received a

* Meffage from the Houfe, acquainting me, that they had gone through

* their Bufinefs, and defired to be difmiffed : And notwithflanding the

* Houfe mufl have been well convinced, that I intended to fignify my

* Difapprobation of their Conduft before I prorogued them; yet neither

* before nor after the Delivery of my Speech, tho' fome Paufe enfued

* between that and the Prorogation, did they in the leaft intimate that

* they fhould be glad of an Opportunity of anfwering it.

' As you know. Gentlemen, this to be a true State of the whole of that

* Tranfadlion, with what Colour of Juilice can you then infinuate, that it
' was my " Vie'^j) to prevent, by an immediate Frorogation, your having an
" Opportunity at the Time of anfwering for yourfehes?" I detefl the

* Thought. And were you even more formidable Opponents, than by

* that Infmuation you feem to think yourfelves, yet fliould I fcorn to have

* Recourfe to fo pitiful an Expedient : For, however, I may fail in

* Abilities to manage, yet I hope I fhall never want Refolution to engage

* in any Matter which my Duty may make necefTary.

" A Moment's ferious Refledlion (you fay) would have fhewn mc that
" this Houfe did not merit my Cenfure, nor the Meeting I complain of
** fuch Epithets." You are miflaken. Gentlemen, for tho' I have had
' feveral Months ferious Refledlion on that Subjedl, yet am I as fully fatis-

* fled as I am of any Truth whatever, that the Meeting was " unprecedented,
*« irregular, and unconflitutional ;" and confequently that your Houfe, as

* you not only refufed to acknowledge this, but endeavour'd as far as in

* you lay to make it a Precedent, did merit the Cenfure you received on

* that Account.

' You proceed to fay, " it is not the Meeting alone, but the Confe-
" quences I complain of, and that not in this Province, but in the neigh-
" bouring Government." Here again, you are miftaken. Gentlemen, I

* never fo much as thought of complaining to you of any Confequences in

* another Government, and I am amazed how you could give any Words
' in my Speech fo forc'd a Conflrudion. Reports had been induflrioufly

• fpread

( 37 )

* Ipread through this Province, that I had arbitrarily refufed, though

* frequently requefted, to let the AlTembly have an Opportunity of peti-
' tioning the Crown and Parliament. Thefe Reports were very generally

* credited by the People, efpecialiy when they received fo ftrong a Confir-

* mation of them, as the lawlefs Convention at ^/w^oj'j aMeafure which

* they never could fuppofe the Members would have gone into, unlefs they

* had failed in procuring a Meeting in the regular and accuftomed Manner.
' The general Ferment which then prevailed, added to the Intelligence I

* received, gave me fufficient Realbn to apprehend ill Confequences to
' myfelf and Family in this Province. Had I mentioned thefe Reports,

* without faying from whence they fprang, it would have appeared as if I

* meant to lay them to the Charge of the Inhabitants oi New-Jerfey. I

* knevr them to be innocent, and therefore determined to clear them of the
'Imputation, by pointing out the Authors of the Villainy, and the Place

* of their Reiidence. I little fufpedled that in doir^g this I fliould incur

* your Difpleafure, or that it was polTible for you to conceive that I thereby

* intended to ifitereji you in the *' prefent Controverfy there." I am as
** indifferent to the Politicks of that Government" as you can be; and I

* think I have not fl:iewn any " Regard for them farther than they affedt
" this Province." But fuppofe that a Chinefe Mandarin, had contrived to

* propagate thofe Reports, are you, becaufe t happen to mention the

* Perfon and Country, to conceive that I want to intereft you in the
** Politicks of the Government of China ?" And yet you might as reafona-

* bly do one as the other.

' It is true, as you fay, that I admitted " the Temper of the People
" might have made a Meeting of their Reprefentatives neceffary." But
' I faid at the fame Time, that " I believed there was not a Man
" among them, the leaft acquainted with the Nature of Government,
** who could think it was proper to violate the Principles of the Confti-
" tution on the Occafion." You tell me, however, that you " believe few
" Will think with me, that the Meeting was a Violation of the Principles
" of the Conftitution, as Neceffity urged the Members to it." If that is

* all the P^eafon for their Opinion it amounts to juft Nothing, as no

* fuch NeceJJity ever exifted, nor could have exifted, unlefs a Meeting was

* no otherways to be obtained. By your faying, that " had the Legijlature
" been called, this Meeting had not happened," you unkindly leave the

* World to imagine, that I had refufed to call a Meeting of the Legifla-

* turc, as had been reported ; but you muft be confcious that no Applica-

* tion for that Purpofe had then been made to me, notwithftanding I had

* often declared that upon fuch a Requeft from the Speaker and about

* Nine Members I Ihould be ready to gratify them all in my Power.

* Why you fhould mention, that " I cannot charge you with Want
" of Regard to me fince my Reiidence among ydu" I am at a Lofs to

* apprehend. I have never even intimated any Thing of the Kind; on

* the coiitrary, I told you in the very Speech you objed: to, that "I was
"Jar from thinking that any of the Gentlemen who were concerned in
" promoting the late Convention intended me any prejudice by that
" Meeting."

K * Whatever

( 38 )

' Whatever you may think. Gentlemen, it has always been, and ftill

* is, far from my Inclination to " reprefent your Condudl in a Manner
«' that might draw down His Majefty's Difpleafure." I have taken every
' Opportunity to teftify my Approbation of it, where I could do it with

* any Propriety. I was particularly unwilling to fay any Thing to you on

* this Subjeft, and therefore did not fo much as mention it to you at the

* opening of the laftSeffion, nor until the Clofe, in hopes that ajuftSenfe

* of your Duty would make it needlefs. It is not, however, my Repre-

* fentation of your Conduft, that can bring you under the Difpleafure of
' His Majelly, but your Conduit itfelf;-— your uneceffarily " infringing
*' on the Prerogatives of the Crown," and then attempting to jnftlfy your
' Proceedings, when you well knew that fome fmall Acknow^ledgment
' that they were owing to Accident or Inadvertence, or to the Confufion

* of the Times, and that you did not mean they fhould be drawn into

* Precedent, w^ould have been deemed quite fatisfadtory. .

' You afterwards fpeak of this Affair by the foft Terms of " Members
" meeting to confer on Meafures,— the Refult whereof was, the requejling
" fome of their Members to join the General Congrefs," £cc. But in your
' printed Votes, you ftile them a " Committee;' nay " Deputies from this
*' Colony," and fay that they were " appointed to attend the late Congrefs
" at New-Tork " Give me Leave to aik you, Gentlemen, if the Popu-
' lace fliould get Intelligence of your late Addrefs to the Crown, and

* fliould chance to difapprove of it as much as they did of your Letter to
' the Speaker of the Mafacbuf'ts-Bay, whether a Number of the Members

* might not affemble themfelves together, vote your Addrefs a Nullity,
' and direft another to befent over diametrically oppofite ? Surely, if once

* your Dodlrine and Pradtice become eftabliflied, they may not only do
' this, but, with equal Right and Propriety, annul every other AA and
' Refolution of your Houfe during the Seflion. — This is the Door you

* are opening to let in fure Deftrudion to the Conftitution. This is the

* Condudl, which, you fay, you " have the Happincfs to find has
' had the Approbation of the Sober and Difcreet" I will not, Gentlemen,

* pretend to difpute with you the Sentiments of your Conftituents; you

* muft be fuppofed to know them beft : All I can fay is, that if they are

* really of the Opinion you mention, I am very forry for it. I (liould

* have thought, from the Knov/ledge I have of them, that they had too

* much Senfe and Spirit not to refent fuch an Imputation as a Reflexion

* upon their Underftandings.

' Upon the Whole, it gives me great Concern to find, that at a Time

* when the Colonies have fo many Adverfaries reprefenting them as dil-
' loyal and averfe to all Government, fo refpeftable a Body as the Repre-

* fentativcs of the Freemen of this Province fliould openly declare. That
' fome of their Members ajjembling by their o'-jju Aiithori'tv, appointing a
' Committee, and even difanulling an Aft of the Houfe when legally con-

* vened, is not " unprecedented, irregular, orunconftitutional;" and that

' fuch Condud has the Approbation of x\\t fiber and dijcrcct Part of the

' People. Surely, Gentlemen, this Declaration " naight have better

" been fpared," efpecially as you have not fupported it with a fingle Fad

' or the leaft Shadow of Argument.


( 39 ) •

'The befl and wifeft of Men are liable to Frailties and Errors, and

* there are Inflances where fuch Men have thought it noleflening of their

* Dignity, but even an Honour, to acknowledge and redlify their Miftakes.

* I heartily wifh you tlie fame Honour, and that, in order to obtain it,
' you would no more ufurp or interfere with the proper Rights of another
' Branch of the Legiflature, nor tenacioufly perfift in attempting to juftify

* what is in its own Nature unjuftifiable."

>/z^24, 1766. WILLIAM FRANKLIN.

That his Excellency's MelTage have a fecond Reading,

Mr. Fijher, from the Committee appointed for that Purpole, brought in a Bill,
entitled, An Aft fcr the Trial of Robert Simonds, alias Seymore, ijoiu a Prifoner
in the Gaol ^ the County of Sufiex, for Felony and Murder in the faid County com-
mitted ; which was read, and ordered a fecond Reading.

Mr. Borden, from the Committee to fettle in the Vacation, the Account of John \

Allen, late Barrack Mailer at Trenton, reported the fame as follows.

Dr. The Province of New-Jerfey, /o John Allen, per Contra Cr.

Barmck-Majler at Trenton. By fundry Expences expended on

the Barracks as per Vouchers. £,. 09 ; 14 : 05

By bis CoramilTioiu from April 17,
J764, to OSober-j, J765, he ha-
ving done the Duty of both Bar-
rack-Mafters 30:03:04

jC- 39:17:09

We the Subfcriberf, being appointed to fettle "Juhn Allen's Account* in the Vacation, do hereby
certifr, that we have examined the Receipts and Vouchers relative to the faid Account, and do
report the fame as above-ftated.

fu^.f. . cf. JOSEPH BORDEN.

y""*^''76«- -JOHN LAWRENCE.

The cngroffcd Bill, entitled. An Ad appointing Commijftoners for fupplying the
feveral Barracks, &c. and for defraying other incidental Charge* ; beino- read and
compared ; on the Queftion,
That the fame do pafs.

That Mr. J. LawrencCy and Mr. Johnfion, do carry the faid Bill to the Council^
for their Coacurrence.

The Houfe met, and adjourned till To-morrow Morning, Nine o'Clcck.

T Thurfday, "June 26, 1766.

The Houfe met.

Mr. Learning, from the Committee on the Treafurer's Accounts, informed the
Houfe, That Stephete Skinner, Efq; Treafurcr, had laid before them a Bag of Bills,
which he received from the Executors of Samuel Nevtll, Efq; deceafed, late one of the
Signers; fome of them arc dated Jw/y 2, 1746, and figned by Ifaac Decow, folely,
others of them are dated September 8, 1755, and figned by Henry Pax fon, onlyj


( 40 )

'fome few are dated May i, 1758, and unfigned ; containing in the whole the Sum
of ;^.996-5. That upon infpedting the late Treaiurer Johnjionh Accounts, (not
entered in the Minutes) as fettled by the Committees with Mr. Johnjlon's Executors
in 1762, they find a Charge touching the Money ftruck for the exchanging ragged
Bills of £. 987-1 1. 4. allowing the Difference to be fome Miftake, not nbw to be
accounted tor, as all the Perfons concerned therewith, are dcceafed ; the Committee
of both Houfes, are unanimoufly of Opinion, that the faid Bills are the Sum men-
tioned in Mr. Johnjion's Account aforefaid ; and laftly, that from the Date of the Bills,
and Deceafe of the Signers, they cannot properly be rendered ufelul for exchanging
ragged Bills, or any other Currency.
Ordered, Nemine Contradicente,
That the Committees burn the laid Bills, and that Mr, Learning and Mr. Keajhey
wait upon the Council with this Minute for Concurrence.

The engrofied Bill, entitled, An Aft for laying out a Road on the Southerly Side of
Cohanfey Creek, in the County of Cumberiani, and to eftablifh a Ferry acr»fs the faid
Creek, &cc. being read and compared; on the Queftion,
That the fame do pafs.

That Mr. Learning and Mr. Keafbeyy do carry the faid Bill to the Council for their

Mr. Learning reported, that Mr. Keapey and himfelf, delivered the Bill and MelTage
to them entrufted, to the Speaker in Council.

The Bill, entitled. An A&. for more effeilually preventing the counterfeiting the Bills
of Credit of the neighbouring Governments; was read the fecond Time > on the Qudlion,
That the fame be engrofled.

The engrofled Bill, entitled. An Aft to repair the publick Roads in the tcwnfhip of
Hanover, in the County of Morris, l>j a Tax, &c. being read and compared ; on
the Queftion,

That the fame do pals.

That Mr. Hart and Mr. Ct-ane, do carry the faid Bill to the Council, for their

The Bill, entitled, An Aft for the Trial of Robert Simonds, alias Seymorc,
now a Prifoner in the Gaol ef the County of Suflcx, i^c. being read the fecond Time •,
on the Queftion, whether the fame be engrofled? It pafledinthe Negative.

That the faid Bill do lie on the Table.


That Mr. Learning and Mr. fFeiherill, do wait upon his Excellency, and acquaint
him, that in Conformity to his MefTage of Yellerday, relating to the Trial of
Robert Sitnonds, alias Seymore, the Houle ordered a Bill to be brought in tor that
Piirpofe; and that upon mature Confideration thereof, on the Queftion, the Houfe
ordered that faid Bill do lie on the Table.


( 4* )

His Excellency's Meffage of Yefterday Afternoon, being again read ;

That Mr. Cooper and Mr. Borden, be a Committee, to prepare and bring in a
Draught of a Meflage in Anfwer thereto.

A Petition was prelented by James Brooks, late Sheriff of Middle/ex, fetting
forth, that the Gaol of faid County, was in OSlober iy6^, burnt down, fince
which Time, there has been no proper Gaol for the confining Prifoners ; and that
divers Anions have been commenced againft him for Efcapes, &c. and praying the
Relief of this Houfe -, Vhich was read.

That the fame be referred to the next SefTions.

The Houfe adjourn'd dll Two, P. M.

The Houfe met according to Adjournment.

A Meffage from the Council by Mr. Woodruff, acquainting the Houle, thatt he
Bill, entitled. An A&: mpozvering ihe Jiiftices and Freeholders of the County of Bur-
lington, to pur chafe a Lot of Ground to build a New Gaol, i^c. alfo the Bill, entitled,
An Adt explaining the Right of voting at Town Meetings, and the Eletiion of Town-
fhip Officers J have pafled the Council without any Amendment.

The engroffed Bill, entitled. An Mk.for the more effectually preventing the Counter-
feiting the Bills of Credit of the neighbouring Governments, &c. being read jnd com-
pared ; on the Queftion,
That the fame do pafs.

That Mr. Runyon and Mr. Clement, do carry the faid Bill to the Council for

Mr. Johnson, from the Committee on publick Accounts, made the following
Report. To which the Houle agreed.

Dr. The Province of New-Jerfey, to Hen- per Contra Cr.

Online LibraryNew Jersey. Legislature. General AssemblyThe Votes and proceedings of the General Assembly of the Province of New-Jersey. 1761-68. 20th Assembly. → online text (page 36 of 48)