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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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' lency, they well remember, was not longer between the Ending his Speech and the
' Prorogation, than a moderate Speaker would make between the Ending of one and
'Beginning of another Sentence; a Time, not fufficient for this Houfe in their
' pubhck Capacity to aniwer in. As this Houfe is conftituted of Members unac-

* quainted and unfliilled in the Arts of Controverfy, and having no Talents of that
' Kind to difplay, fo they will refer his Excellency to their MclTage, to fettle the

* Infinuation he calls out fo loudly upon ; and dare fay, his Excellency will find,
' upon calm Infpedlion, that they infinuated nothing againft him, nor made any
' Vaunt of their own Abilities; but are well affured from his Excellency's long
' Meffage, that his Excellency is not an Enemy to Difputation, and poffeffed of not
'a httle Dcfire to fliew his Abihties in Controverfy; and as they have little Doubt
' of his Refolution, fo they have never called it in Quellion.

* The Houfe begs Leave to inform his Excellency, that they arc forry to find him,
' after fome Months ferious Refleftion, ftill of the fam.e Opinion ; but his Declaration
' is not conclufive to this Eloufe, which ftill hopes, that notwithftanding his Excel-
' lency has not hitherto, yet as it is their Wilh, fo they hope, that a few Months
' more will bring his Excellency to different Sentiments.


' This Houfe knows of no Reports to his Excellency's Prejudice in this Province;

* if any have been repeated in it, they came from the neighbouring Governments ;
' nothing was faid relative to him here, until the late Speaker's Condudt occafioned
' it ; and this his Excellency knows was of no long Duration : The Warmth of his
' Excellency's Expreffion againft the Officers of the neighbouring Government,
' Ihewed his Fears were from that Quarter ; he charged no Body in thii Govera-

* ment, nay declared them innocent ; this Houfe could not but thence conclude,

* that the Reports from that Government had raifed his Warmth, and their Regard
' for his Excellency, will ever lead this Houfe to wifh an Indifference in him, to the

* Pohticjts of any Government, butthatover which he prefides.

* Whether a Meeting of the Reprefcntatives of the Colony could have been ob-

* tained or not, or whether any Application had been made to his Excellency for

* that Purpofe, we cannot fay; but from his Excellency's Declaration fince, although

* every Thing then carried that Appearance, and the Meafures the Members took,
' feemed to be the only alternadve for the Reftoration of, and conducive to the publick
'Peace; nor ought his Excellency to charge this Houfe with "unkindly leaving
" the World to conclude that he had refufed to call the Affembly ;" they could judge


(SI )

' from nothing but Appearances, thefe were againfr his Excellency; and ?.s he knew
' the Man that occaHoned them, his Cenfures would have been more properly
' bellowed on him; or as he knew of the Meeting, his Excellency cold have pre-

* vented it by caliing the Legiflature together, for which Purpofe there was a greater

* Proportion of Time, than for his Excellency to expeft an Anfwer between his
' former Speech and Prorogation; elpecially as he acknowledges, " the Temper of
" the People at the Time required it:" But this it fecms he would not do without a

* Requeft from the Speaker and Nine Members; a Mode of calling the Houfe they

* never before heard of, and believe upon Examination, it will be found, as unknown

* to the Conltitution, and as irregular, as the Meeting of the Members at SprculFs.

•His Excellency's whole Meffage is really furprifing; he believes the Members
' who met did not intend him any " Prejudice," and yet a warm Speech and long
'Meffiige are full of Charges againll them and this Houfe, and Things faid and
' done in another Government laid at their Door. This Houle wilh his Excellency
' had been lefs warm on the Occalion, and given it further Confideration ; fuch Con-

* tradidior.s would not perhaps have fallen from his Pen, and his Excellency would
' not have been necelTitated to hint to this Houfe, to gratify his Excellency by fome
" fmall Acknowledgment" that their Conduct was to " Accident" or " Inad-
" vertence," or to the " Confufion of the Times," and thereby tamely fubmitting
' to his Excellency's Cenfure.

* His Excellency's Complaints are, the Houfe perceives, notfo much at the Fads
« themfelves, as at the Words in the Minutes of the Houle ; he is angry at the
" Members" meeting to " confer" and the ftiling them a Committee, and " Deputies
" from thi5 Celcny" and then afks a Queftion, which at the fame Time that it (hews
' his Excellency's Difpofition to Controverfy, gives his Excellency an Opportunity

* to diiplay his Abilities; a principal Aim in his MelTage. His Excellency may fup-
' pofe Improbabilities as long as he pleafes, and combat the Phantom he has raifcd
' as long as he thinks proper; may draw Suppofitions from China to fupport his
' Arguments, or any where elfe, it will give this Houfe little Unealinefs ; their

* Conduct, however plain it has been, can never induce his Excellency to believe or

* fay orherwife of them, than that they have ever fliewn a Diipofition to maintain
' Order and Regularity in all their Proceedings, and to prelcrve the publick Tran-
' quility : And upon the Whole, it gives them real Concern, to find that when they
' are moft defnous there Ihould be a good Undcrflanding between them and their
' Governor, his Excellency is defirous to cavil at Words, and fliew a Difpofition to

* draw them into Difputation.

* The Leffon his Excellency gives this Houle in the Clole of his Meflage, they

* ferioufly recommend to his Excellency ; and in order that he may obtain that
' Honour, beg that his Excellency will be well informed before he charges, divefl
' himfelf of ail paffionate Expreffions, and not call Matters in themfelves innocent
' and defigned for the publick Good, by the hard Names of " illegal, irrigular,
" and unccnjlitutional," &c.

Mr. Ogden reported, that Mr. Anderfon and himlelf delivered the Meflage to them
entrulled, to his Excellency.

The Houfe adjourn'd till To-morrow Morning, Nine o'Clock.

Saturday, 'June 28, 1766.

The Houfe met.

yir ^Miller reported, that the Committees of the Council and Houfe, had met
In a free Conference, on the lubjed Matter of their Amendments to the Bill, entitled.
An Acl for invejting a Fee in the Toll Bridge lately ere5ied over Newton Cretk, &c.
That the Committee of the Council had receded from their Amendments, and the
Committee had agreed upon others ; which were reported. Ordtred,

(s^ )

That they be Inferted in the faid Bill, in their proper Places, and the Bill re-

The re-engroflcd Bill, entitled, Jn Aft for invejling a Fee in the TollBridge lately
ercEed over Newton Creek, i^c. being read,
That the fame, as now amended, do pals..

That Mr. Borden aud Mr. Hart, do carry the faid Bill to the Council for their

Mr. Borden reported, that Mr. Hart and himfelf, delivered the Bill to them
cntrufted, to the Speaker in Council.

A Meflagc from the Council, by Mr. Woodruff, acquainting the Houfe, that the
Bill, entitled, jfn A& to extend certain Ji?s of Parliament of Grczt-Brknin, ^c. has
pafled the Council without Amendment.


That Mr. fVetherill and Mr. Anderfon, do wait upon the Council, and defire to
be informed, whether they have any Bufinefs before them ; and if they have not,
inform them, that this Houfe propofes to apply to his Excellency for a Difmiffion.

Mr. Wetherill reported, that Mr. Anderfon and himfelf delivered the above
Meflage to the Council, who fay, they have no Bufinels before them.

Ordered, •

That Mr. J. Lawrence and Mr. Dey, do wait upon his Excellency, and acquaint
him, that the Houfe have gone through all the Bufinefs before them, and are defirous
of being difmilTed.

Mr. J. Lawrence reported, that Mr. Dey and himfelf, delivered the above MefTage
to his Excellency, who was plealcd to fay, the Houfe ihould hear from him in a few

The Houfe being informed, that divers Perfons indifted in this Colony for coun-
terfcidng the Bills of Credit therof, are, or probably will be confined in the Gaols of
fome ot the neighbouring Colonies; and there being no Law to provide for the
Expence of removing them into this Colony lor their Trial j

That this Houfe will provide by Law, at the next Seffions of General Aflcmbly,
for all reafonable Expences, that Ihall appear to this Houfe to be juflly due for the
Removal of fuch Perfons.

That Mr. Speaker do appoint y^w/w Parker to print the Minutes and Votes of this
Houfe, being firft examined and figned by the Speaker.

A MelTagc from his Excellency, by the Deputy Secretary, which was read in the
Words following.

* Gentlemen,

* ' I ''HE MefTage I received from you lafl Evening, is, in its Matter and

* X_ Manner fo very extraordinary, that I could not have thought it

* pofTible to have been the Produdlion of your Houfe, had it not been

* delivered to me as fuch, by two of your Members: It but flightly

* touches upon any Thing I either faid or thought, but attributes Words

* and Sentiments to my MefTage, entirely different to what it contains,

* and afferts fundry Things as Fadts, for which there is not the leafl: Foun-

* dation. This, Gentlemen, is to be fure a heavy Charge, and it becomes

♦ me

( S3 )

' me to make it good ; I am ready to undertake it, as foon as I can dif-
' patch the Bills I have novp- under my Confideration. But, as I am juft
' informed, that you are anxious to rife this Day, and as I would not

* carry my Refentment of your ill Treatment of me (for doing what I
' could not avoid, confiftent with my Duty to the Crown and People, or
' with Safety to myfelf) fuch a Length, as to detain you here againft
' your Inclination, at this inconvenient Seafon, I leave it to your Choice,
' whether or not I fhall continue the Seffion, till I can communicate to
« you, what I have to offer on the Occafion, and hear what you have to

* lay, in J unification of fuch uncommon Behaviour.'

Perth-Amboy, June zi, 1766.

' Ordered,
' That Mr. J. Lawrence and Mr. Jobnjlon, do wait on his Excellency, and in
' Anfwer to his Meflagc of this Day, iniorm him. That this Houfe having gone

* through all the Bufmels beiore them, arc very defirous that his Excellency would

* difmirs them: That as to tiic MelTagcs that have jailed between his Excellency and
' this Houfe, this Houfe have no Inc'ination to enter flarther into them.'

Mr. John ' Lawrence reported, that Mr. Johnjlcn and himfelf, delivered the
above Meflage to his Excellency, who was pleafed to fay, he would fend for the Houfe
in a few Minutes.

i. A Meflage from his Excellency, by the Deputy Secretary, informing the Houfe,
' That his Excellency is in the Council Chamber, and requires the Attendance of the
' Houfe immediately.'

Whereupon Mr. Speaker left the Chair, and with the Houfe went to wait upon his
Excellency, who was pleafed to give his AlTent to the tollowing Bills, enafting the
fame, viz.

1 . An Aft for the Support of Govirnment of His Majeftfs Colovy of Ncw-Jerfey,
to commence the twenty -firji Day of May, One Thoufand Seven Hundred and Sixty-Jix,
and to end the Twenty-fuft Day of May, One Thoufand Seven Hundred and Sixty-feve?},
and to dif charge the publick Debts and contingent Charges thereof.

2. An Aft to repeal an Aii, entitled. An All for the Relief of Infolvent Debtors.

3. An Aft for building a Court Houfe and G col for the County of Middlefex.

4. An Aft impowering the Jujlices and Freeholders of the County of Burlington, to
purchafe a Lot of Ground, to build a New Gad and other necejfary Buildings thereon.

5. An Aft for the mere effectually preventing the counterfeiting the Bills of Credit of
the neighbouring Governments, or uttering the fame in this Colony, knowing them to be Jb

6. An Ad. explaining the Right of voting at 'Town Meetings, and the EleSiion of
Tcwr.fhip Officers.

7. An Aft to amend and further continue an Act, entitled. An AEl for better fettling
and regulating the Milida of this Colony of New-Jerfey, for the repelling Invafions,
and fupprelTing InfurreCtions and Rebellions.

8. An ASt appointing Conimifftoners for fupplying the feveral Barracks ereSied in this
Colony with Furniture, and other Neceffaries for accommodating the King's Troops in,
tr marching through this Colony, and for defraying other incidental Charges.

9. An Aft for laying out and ejlablifhing a Road from Bergcn-Point, along up
Newark-Bay, and fram thence to Paulus-Hook, on Hudfon'.f River.

10. A Supplementary Aft, to an A£i, entitled. An AS: for laying out a Road
from Newark, in the County of EfTex, to the publick Road leading from Bergen Point
to Paulus-Hook, on Hudfon'^ River, in the County of Bergen, and for ereSiing and
ejlablifhing Ferries acrofs the Rivers PafTaick and Hackinfack.

O 10. An

{ 54)


An Aft to impower the Jujllces and Freeholders cf the Coiatics cf EfTex and
Bergen, to build a Bridge over Pafiuick vRz^'^r, »f«?r the Butch Church at Acquacka-

11. Jn Aft to repair the publick Roads in the Townjhip of Hanover, in the County
of Morris, by a 'Tax on the Inhabitants of the fame.

13. Jn Aft to extend certain ASls of Parliament of Great-Britain, paffed in the
'Twelfth Tear of her late Majefly ^een Anne, and the Fourth Tear of his late Majejly
King George the Firji, for the preferring all fuch Ships and Goods thereof which fhall
happen to be forced on Shore or ftranded.

14. An Aft to prohibit the fetting Nets, Seins, and other Devices, in the River
Ran tan and South- River, to objiruSl the Fifh going up in the proper Seafons cf the
i'ear, and to preferve the Fry a?id young Brood cf FifJj from being defroyed in faid

15. An Aft to lay out a Road on the Southerly Side 0/ Cohan fey Creek, in the County of
Cumberland, and to efiablifh a Ferry acrofs the faid Creek, from the Town o/Greenwicii
to the faid Road.

16. Ah Aft for the Improvement of the Navigation of the Soutb-wcfi Branch of
Ancocas Creek.

17. An Aft for building and maintaining a Bridge over the North Branch of Great
Timber Creek, in the County of Gloucefter, at Abraham RoeV Landing.

18. An Aft to eneble the Owners and Poffiffors cf a certain Body of Meadow and
Marfh, lying on the Wefierly Side of Raccoon Creek, in the County of Gloucttrer, to
keep up and maintain the Banks and other IVater Works around the fame, and to confiiute
all Ten Foot Ditches therein lawful Fences.

19. An Ad: to enable the Owners andPoffeffors of the Meadows and Swamps, lying
on a fmall Branch of Alloway'j Creek, in the County of Salem, to keep up and maintain
the Dams, Banks, and other IVater Works on the faid Meadow, and to keep the Water
Courfe thereof open and clear.

20. An Aft to enable the Owners and Poffeffors of the Marp and Swamp lying on
the South Branch of Stow Creek, to maintain the Bank, Dam, and other Water Works
acrofs the faid Creek, to prevent the Tide from overflowing the fame.

11. An Aft to enable the Owners and Poffeffors of the Meadows and Marfhes bounding
on Delaware River, between Long Point and KilkoV Hook, in Lower i^enn's Neck,
in the County of Salem, to flop out the Tide from overflowing the fame.

22. An Aft to naturalize Jacob Hertel and John Jacob Faifli.

His Exellency then prorogued the General Aflembly, to the 30th Day of July
next, tnen to meet at Burlington.


Y Virtue of an Order of the Houfe of Affembly, I do
appoint James Parker to print thcfe Votes.




V o





General Affembly


Province of NEW-JERSEY.

At a SESSION of General Assembly, began at
BURLINGTON, June c^, ^i-jb-j, andcontinued
till the 24th Day of Ju?je following.

Being the Fourteenth Seffion of the Twentieth Affembly of N EIV-



Printed by James Parker, Printer to the King's Moil Excellent

Majefly, for the Province.


Votes of the General ^Jfembly.


BURLINGTON, Tuefday, June g. 1767.

URSUANT to His Excellency's feveral Prorogations of the General Aflembly,
from Time to Time, to this Day, the Houfe met, and adjourn'd till To-Morrow
Morning Nine o'Clock.

* Wednefday^ June 10, 1767.

The Houfe met.
That Mr. Bcrden and Mr. Johnfton, do wait upon his Excellency, and acquaint him,'
that a fufficient Number of Members to proceed upon Bufmefs are met, and ready
to receive any Thing he may pleafe to lay before them.

Mr. Fijher acquainted the Houfe, that John Hoghland, Efq; late one of the Mem-
bers for Somerfet, is deceafed fince lafl Selfion.

■ That Mr. Speaker do ifiiie his Warrant to the Clerk of the Crown, to ^rnake out
a Writ, for eledting a Reprefcntative for the County of Somerfet, in the Stead of
Mr. Hcghiand.

Thomas Rodman, Efq; being returned a Reprefentative to ferve in the General
AfTembly, for the City ni Btn-lhiztnn. in the Stead of Samuel Smith, Efq; now one
of His Majefty's Council, and attending, was admitted into the Houfe, and duly
qualified before the Honourable Charles Read, Efq; and Cortland Skinner, Efq-, thereto
authorized by Dedimus Pctejiatcm.

That Mr. Rodman do take his Seat in the Houfe.

Mr. Borden reported, that Mr. Johnfton and himfelf waited upon the Governor,'
according to Order, who was pleafed to fay, the Houfe fhould hear from him in about
an Hour.

A MefTage from his E^xcellency, by Mr. Secretary Read;

Mr. Speaker, His Excellency is in the Council-Chamber, and requires the immediate
Attendance of the Houfe.

Whereupon Mr. Speaker left the Chair, and with the Houfe went to wait upon
his Excellency ; and being returned, Mr. Speaker refumed the Chair, and reported,
that the Houie had waited upon his Excellency, who was pleafed to make a Speech
to the Council and General AfTembly; of which Mr. Speaker faid he had, to prevent
Miflakes, obtained a Copy; which by Order of the Houfe was read, and is as
follows, ^'^■^.

'* Gentlemen of the Council, and Gentlemen of the General Affefnhly,

HAVING Nothing in Commartd from the CrOwn, which required your
immediate Attention, I deferred meeting you till this Tirne, in Hopes of
• having it in my Power to acquaint you with the Refolutions of Parliament,
refpefting a Paper Currency in America; a Matter I have Reafon to believe
you have much at Heart, and of which it would therefore have afforded me great
Pleafure, to have been enabled to give you fome fatisfaftory Intelligence: When
the lafl Advices left England, it»was under Confideration, and probably before you
rife we may learn the Event.

" Agreeable

( 4 )

" Agreeable to your Requells at the laft Seffions, I tranfmitted to the Secretary of
" State, your refpedlive Addrefles to His Majefty, and have now the Happinefs of
" communicating to you a Letter I have fince received from the Right Honourable the
" Ezrl o{ Shelhirne, lignifying His M ajefty'smoft gracious Reception of thofe Addrefles,
" and Approbation of the Behaviour of this Colony, during the late Dillurbances in
" America:— To have our Conduft fo highly approved by the Beft of Sovereigns,
" cannot fail cf animating us in our future Endeavours to merit the Royal Favour.

" Gentlemen of the General AJfemhly,
" The Provifion made at the laft Seflions, for fupplying fuch of the King's Troops
" as might come v\fithin this Colony, with Neceflaries, has proved confiderably
" deficient; I muft therefore recommend it to you, to difcharge the Sums which have
" been advanced by the Treafurers and Barrack-Mafters, on this Account; and to*
" make Provifion for the further Support of thofe Troops, in the Manner His
" Majefty expefts. You will probably think it neceflary, for the Future, to place
" a greater Confidence on thefe Occafions, in the proper Officers of Government (who
" have always manifefted their Frugality and CEconomy, with Regard to the Publick)
" and not put them under the difagreeable Neceffity of advancing Money at the Rifque
*' of their private Fortunes, or of applying for a Meeting of the Aflembly on every
" new or unforefeen Application from the General.

" I muft likewife recommend it to you. Gentlemen, to reward the Perfons who
" were moft adive in apprehending tlie Villains lately executed for the Murder of
" the Oneida Indian, in Sujfex, and the two Delaivare Squaws in the County of
" Burlington. You will find by a Letter from Sir William Johnfon, which I fhall
" order to be laid before you, that thefe Inftances of the Juftice of our Province, are
" likely to be productive of the moft beneficial EfFedls to the Britijlo Intereft, with
" the feveral Indian Nations on the Frontiers of this and the neighbouring; Provinces.

" Gentlemen of the Council^ and Gentlemen of the General AJfemhly ;
" Though the Seafon of the Year is fomewhat advanced beyond the ufual Time of
" your doing Bunnefs; yet I doubt not but a Continuance of that Harmony which
" has fubfifted among us, will enable you to difpatch, without Inconvenience to
" yovirfelves, all Matters of Importance, which may come under your Confideration
" at this Meeting.

« Coundl Chamber, "> W.FRANKLIN."

«' June JO, 1767. J

And the Papers therein mentioned, were alfo read ; and together with the Speech,
were ordered a fecond Reading.

The Houfe adjourn'd till Three, P. M.

The Houfe met.

Three Petitions were prefented to the Houfe, from a large Number of the Inhabi-
tants of Monmouth^ Middlefex and Somerfet, fetting forth the diftrefl"ed Circumftances
of this Province, for Want of a fufficient Quantity of Paper Currency; and praying
fuch Redrefs as the Houfe in their Wifdom ftiall think meet; which were read, and
ordered fecond Readings.

A Petition was prefented to the Houfe, from divers Inhabitants of Middlefex, and
read, fetting forth. That the publick Roads or Cartways are found by Experience
to be too narrow; and praying that a Law may be paffed for the better regulating
Carts and Carriages, and that the Width of all fuch Carriages may be Five Feet
from the Middle of one Felly to the Middle of the other; which the Petitioners
conceive will render travelling much more eafy and convenient.

That the laj.d Petition have a fecond Reading.

A Petition was prefented to the Houfe, from divers Freeholders and Inhabitants of
the Townfnip of Greenwich, in the County of Gloucefier, fetting forth the Difficulties
that attend the prefent Mode of repairing the publick Highways, by the Labour of
the Inhabitants ; and praying a Law for repairing- the Highways of that Townftiip
by a Tax on the Inhabitants of the fame; which was read, and ordered a fecond
Re-ading. And

( s )

And a Petition was alfo prefented, from divers Freeholders and Inhabitants of the
Townfhipof Deptford, in the fame County, for the like Purpofe; which was read,
and ordered a fecond Reading.

A Petition was prefented to the Houfe, from the chofen Freeholders, and divers
other Inhabitants of the County of Gloucejler, fctting forth, that the Petitioners have
underftood that a Petition was prefented to the Houfe laft Seflion, praying a Law
for the Payment of Coroners for holding their Inquefts; which, rf granted, the
prefent Petitioners fuppofe will increafe the Weight of Taxes ; and fuggefting other
Reafons, why the Prayer of that Petition ought not to be granted; which wasread,
and ordered a fecond Reading.

A Petition was prefented to the Houfe, from fundry Freeholders and Inhabitants
of EJfex, fetting forth, that the Petitioners being the major Part of the Owners and
Occupants of that Tradl or Parcel of Salt Meadow, lying on the Weft Side of Newark
Bay, commonly called the Elizabeth-Town Great-Meadows, conceive themfclves to
be greatly endamaged in their refpeftive Properties and Rights, from the Pra£tice of
turning in upon the faid Meadows, and running and feeding at large, of Horfes,
Neat Cattle, and other Creatures ; and pray, that an Aft may be paffed effeftually
to prevent the turning on, and running and feeding at large, of Horfes, Neat Cattle,
and other Creatures upon the faid Elizabeth-Town Great-Meadows, under fuch
Penalties for Trefpafles, as to the Houfe in their Wifdom Ihall feem good; which
was read, and ordered a fecond Reading.

On a Motion made,

Ordered^ ,

That Mr. Fijher and Mr. John Lawrence, be a Committee to enquire what LawjB
are expired, or are near expiring; and of what Matters are referred to this SefTion of
Aflembly, and make Report to the Houfe.

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