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Draft of the Commission of Francis Bernard as Governor of New Jersey, submitted to the Attorney or Solicitor General.

[From P. R. O. B. T. New Jersey, Vol. 16, page 25.]

GEORGE THE SECOND by the Grace of God, of Great Britain, France and Ireland King, Defender of the Faith, &c. To Our trusty and Wellbeloved Francis Bernard Esq Greeting: We reposing especial Trust and Confidence in the Prudence, Courage and Loyalty of you the said Francis Bernard, of our especial Grace certain Knowledge and meer motion, have thought fit to constitute and appoint, and by these Presents do constitute and appoint you the said Francis Bernard to be Our Cap General and Governor in Chief in & over Our Province of Nova Cæsarea or New Jersey, Viz: the Division of East and West New Jersey in America,

public prints.-Parton's Life of Franklin, II., 563; Gordon's New Jersey, 132. In a pamphlet published by Governor Bernard in London in 1774, he quotes from addresses of the Massachusetts Legislature to himself to show that the kindliest relations existed between him and them until he attempted to enforce the stamp act in 1765, which, by the way, he says he was opposed to passing. In June, 1769, that legislature petitioned the king for his removal, on charges almost purely political, and in August he sailed for England to contest the matter, with such success, that in March, 1770, the petition was dismissed by his Majesty's privy council. -Select Letters on the Trade and Government of America, etc., by Governor Bernard, London, 1774, pp. 89-130. However, he never returned to America. He had some time before this been knighted. John Adams says bitterly: "At such times you will see a Governor of a Province, for unwearied industry in his endeavors to ruin and destroy the people, whose welfare he was under every moral obligation to study and promote, knighted and ennobled."-Works, II, 251. The summary sketch of Governor Bernard, given by Mr. Adams in his "Novanglus," is interesting, though unjustly severe: "Bernard was the man for the purpose of the Junto. Educated in the highest principles of monarchy; naturally daring and courageous; skilled enough in law and policy to do mischief, and avaricious to a most infamous degree; needy, at the same time, and having a numerous family to provide for, he was an instrument suitable in every respect, excepting one, for this Junto to employ. The exception I mean was blunt frankness, very opposite to that cautious cunning, that deep dissimulation, to which they had, by long practice, disciplined themselves. However, they did not despair of teaching him this necessary artful quality by degrees, and the event showed that they were not wholly unsuc cessful in their endeavors to do it."-Works, IV, 21.-W, N.

which we have thought fit to reunite into one Province and settle under one entire Government.

And we do hereby require and command you to do and execute all things in due manner, that shall belong unto your said Command and the Trust We have reposed in you, according to the several Powers and Directions granted or appointed you by this present Commission, and the Instructions and Authorities herewith given you, or by such further Powers, Instructions and Authorities as shall at any time hereafter be granted or appointed you under Our Signet and Sign Manual or by Our Order in Our Privy Council, and according to such reasonable Laws and Statutes, as now are in Force, or hereafter shall be made and agreed upon by you, with the Advice and Consent of Our Council and the Assembly of Our said Province under your Government, in such manner and form as is hereafter expressed.

And Our Will and Pleasure is, that you the said Francis Bernard, after the Publication of these Our Letters Patents, do in the first Place take the oaths appointed to be taken by an Act passed in the first Year of Our late Royal Father's Reign, entituled, An Act for the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors: As also that you make and subscribe the Declaration mentioned in an Act of Parliament made in the 25th Year of the Reign of King Charles the Second, Entituled an Act for preventing Dangers which may happen from Popish Recusants, and likewise that you take the usual Oath for the due Execution of the office and Trust, of Our Captain General and Governor in Chief in and over Our said Province of Nova Cæsarea or New Jersey; as well with regard to the due and impartial

Administration of Justice, as otherwise; and further that you take the Oath requir'd to be taken by Governors of Plantations to do their utmost, that the several Laws relating to trade and the Plantation be observed; which said Oaths and Declaration Our Council in Our said Province or any three of the Members thereof, have hereby full Power and Authority, and are required to tender and administer unto you, and in your Absence to Our Lieutenand Governor, if there be any upon the Place; all which being duly performed. You shall administer to each of the Members of Our said Council, as also to Our Lieutenant Governor, if there be any upon the Place, the Oaths mentioned in the said Act, entituled, an Act for the further Security of His Majesty's Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors; You shall also cause them to make and subscribe the aforemention'd Declaration, and administer to them the Oath for the due Execution of their Places and Trusts.

And We do hereby give and grant unto you full Power and Authority to suspend any of the Members of Our said Council, from sitting, voting and assisting therein, if you shall find just Cause for so doing.

And if it shall at any time happen, that by the Death, Departure out of Our said Province, or suspension of any of Our said Councillors or otherwise, there shall be a Vacancy in Our said Council, any three whereof We do hereby appoint to be a Quorum; Our Will and Pleasure is, that you signify the same unto us by the first opportunity, that We may under Our Signet and Sign Manual constitute and appoint others in their Stead.

But that Our Affairs may not suffer at that Distance, for Want of a due Number of Councillors, if ever it

shall happen that there be less than seven of them residing in Our said Province; We do hereby give & grant unto you the said Francis Bernard full Power and Authority to chuse as many Persons out of the Principal Freeholders, Inhabitants thereof, as will make up the full Number of Our said Council to be seven, and no more; which Persons so chosen and appointed by you, shall be to all intents and purposes Councillors in Our said Province, untill either they shall be confirmed by Us, or that by the Nomination of Others by Us under Our Sign Manual and Signet, Our said Council shall have seven or more Persons in it.

And We do hereby give and grant unto You full Power & Authority, with the Advice and Consent of Our said Council, from time to time as need shall require, to summon and call general Assemblies of the said Freeholders and Planters within your Government, in manner and form as shall be directed in Our Instructions, which shall be given you together with this Our Commission.

And Our Will and Pleasure is, that the Persons thereupon duly elected by the Major Part of the Freeholders of the respective Counties and Places, and so returned, shall, before their sitting, take the Oaths mentioned in the said Act, entituled, an Act for the further Security of His Maj! Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, And for extinguishing the hopes of the pretended prince of Wales and His open and secret Abettors; as also make and subscribe the aforementioned declaration, or being of the people called Quakers, shall take the Affirmation, and make and subscribe the declaration appointed to be taken and made instead of the Oaths of Allegiance, Supremacy and Abjuration, by an Act passed within Our said Province of Nova Cæsarea or

New Jersey, in the first Year of our Reign, entituled, an Act prescribing the Forms of Declaration of Fidelity, the Effect of the Abjuration, Oath and Affirmation, instead of the Forms heretofore required in such Cases; and for repealing the former Acts in the like Cases made & provided; which Oaths, Affirmation & Declaration You shall commissionate fit Persons under Our Seal of Nova Cæsarea or New Jersey to tender and administer unto them; and until the same shall be so taken, made & subscrib'd, no person shall be capable of sitting though elected, And We do hereby declare that the persons so elected and qualifyed shall be call'd and deemed the General Assembly of that Our Province.

And you the said Francis Bernard, with the Consent of Our said Council, [and] Assembly or the Major Part of them respectively, shall have full Power and Authority to make, constitute and ordain Laws, Statutes and Ordinances for the publick Peace, Welfare & good Government of Our said Province and of the People and Inhabitants thereof, and such others as shall resort thereto, and for the Benefit of Us, Our Heirs and Successors; which said Laws, Statutes and Ordinances are not to be repugnant, but as near as may be agreable unto the Laws and Statutes of this Our Kingdom of Great Britain; provided that all such Laws, Statutes and Ordinances, of what Nature or duration soever, be, within three Months or sooner after the making thereof, transmitted unto Us under Our Seal of Nova Cæsarea or New Jersey, for Our Approbation or disallowance of the same, as also Duplicates thereof by the next Conveyance.

And in case any or all of the said Laws, Statutes and Ordinances (being not before confirm'd by Us) shall at any time be disallow'd and not approved, and so signified by Us, Our Heirs or Successors under Our or their Sign Manual and Signet, or by Order of Our