ernor Boone has suspended Edward Antill Esq from the Council for non Attendance tho' constantly summon'd; I find on inquiry that this Gentleman will neither attend nor assign any reason why he does not, I therefore hope your Lordships will please to recommend to his Majesty to confirm his suspension I am afraid I shall find it difficult to name three Gentlemen out of each division of the Province properly qualify'd for this office till after the meeting of the Assembly, I shall then have an opportunity of seeing more of the People, and be better able to Judge who may be fit Persons to recommended to your Lordships for this Vacancy I have the honour to be My Lords Your most humble & Obedient Servant Articles of Association to Work Royal Mines in New Jersey or elsewhere. [From New York Colonial MSS., Vol. XC, fol. 39.] Articles of Agreement Indented made and Concluded upon this twenty fifth day of November In the year of our Lord one thousand seven hundred and sixty one Between John Stearndall Charles Scot Thomas Cryer George Traile and Johan Sebastian Stephani All at present of the City of New York whereas it is Thought a Royal Mine or Mines' may be Discovered in 1 "A twelfth branch of the Royal revenue, the right to mines, has its original from the king's prerogative of coinage, in order to supply him with materials; and, therefore, those mines which are properly royal, and to which the king is entitled when found, are only those of silver and gold.”—1 Blackstone, viii, 12. In 1723 the Attorney-General and Solicitor-General gave the opinion that by the charter granted to the Proprietors of New Jersey, "only the Base Mines with in that Province passed to the Grantees, and that the words of the Grant are not Sufficient to carry Royal Mines, the property whereof Still Remains in the Crown."-N. J. Archives, V., 74. From an early date, there had been rumors of silver and gold mines in New Jersey.-Ib., 64, 129.—[W. N.] the Provinces of New York Connecticut or New Jersey in America And Whereas if such should be Discovered it will be necessary that a Grant or Grants should be Obtained from the Crown to Enable the Discoverers to carry on the same for their benefit whereupon it is Covenanted granted and agreed by and between them the said John Stearndal Charles Scot Thomas Cryer George Traile and Johan Sebastian Stephani for themselves their Executors and Administrators in manner and form following, first that they the said Charles Scot and Thomas Cryer shall and will upon their arrival in London use their utmost Endeavours to Obtain a Grant from the Crown to the Parties to these Presents and their Executors Administrators and Assigns for such Royal Mine or Mines as may be discovered in the provinces of New York Connecticut or New Jersey in America for such Time and Term and under such Provisions Limitations and reservations as the Crown will be favourably Pleased to Grant the same and also that they the said John Stearndall Charles Scot Thomas Cryer George Traile and Johan Sebastian Stephani and every of them their and every of their Executors Administrators and Assigns shall and will Pay and Bear their respective equall shares and Parts of all Costs and Charges whatsoever that may attend the Obtaining the said Grant or Grants or the Endeavour to Obtain the same and in case that they the said John Stearndal Charles Scot Thomas Cryer George Traile and Johan Sebastian Stephani and every of them their and every of their Executors Administrators and Assigns shall and will Pay and Bear their respective equall shares and parts of all such Costs Charges & Expences whatsoever as shall accrue either in searching for such Royal Mine or Mines or in working the same when Discovered and also that they the said John Stearndal Charles Scot Thomas Cryer George Traile and Johan Sebastian Stephani nor either of them shall or will sell Transfer or otherwise dispose of their or either of their share or Interest in such Grant or any Mine that may be Discovered in Consequence thereof without first Offering the same to each and every of the other Parties to these Presents and also in Case the said Grant or Grants shall be Obtained & any Mine or Mines discovered in consequence thereof that then the working thereof shall be under the Guidance Management and direction of the said John Stearndal and Charles Scot two of the Parties to these Presents And lastly for the true performance of all and singular the Covenants conditions Restrictions and Agreements herebefore in these Presents mentioned and Contained they the said John Stearndal Charles Scot Thomas Cryer George Traile and John Sebastian Stephani do hereby Bind themselves their and each and every of their heirs Executors and Administrators and every of them each to the other in the Penal Sum of Ten Thousand Pounds Current Money of the Province of New York In Witness whereof they the said John Stearndal Charles Scot Thomas Cryer George Traile and Johan Sebastian Stephani have hereunto Subscribed their Names and Affixed their Seals in the City of New York the Day and Year first above in these Presents Written. JOH SEBASTIAN STEPHANI (L. S.) Sealed and Delivered in the Presence of Us the Parties Consenting and declaring that It was not their Intent or meaning that any Discoveries made by John Stearndal which are already under Lease to him or for his use or in which he is already Interested' should be within the Intent & meaning of the Preceeding Articles. RICHARD MORRIS [Endorsed:] Copy Articles between Stearndal, Scot, Traile, Cryer & Sebastian Stephani concerning the Patenting & Ordering a Reputed Mine. Communication from the Lords of Trade to the King, with drafts of Instructions to the Governors of the Colonies, as to Settlements on the Borders likely to interfere with the Indians, and the Tenure of Commissions granted to Judges and other officers. [From New York Colonial Documents, Vol. VII., p. 477.] WHITEHALL Dec: 2. 1761. To the Kings most Excellent Majesty May it please your Majesty In obedience to your Majesty's Order in Council the 23 of last month We have prepared the Draughts of an Instruction for the Governors of such of your Majesty's Colonies upon the Continent of North America as are under your Majesty's immediate Government and where the property of the soil is in your Majesty, forbidding them to pass Grants of or encourage settlements upon any lands within the said Colonies which may interfere with the Indians bordering thereon. On July 1, preceding the above agreement, Stearndal and Josiah Hornblower had leased the Schuyler copper mine, opposite Belleville, New Jersey, for the term of fourteen years, subsequently extended for ten years longer.-Josiah Hornblower and the First Steam Engine in America, by William Nelson, 1883, p. 29.-[W. N.] We have also in obedience to the said Order prepared the Draught of an Instruction for the Governors of your Majesty's American Islands, and for the Governors of those Colonies on the Continent of America, which are under your Majesty's immediate Government containing directions with respect to the tenure of the Commissioners to be by them Granted to the Chief Judges and Justices of the Courts of Judicature of the said Colonies both which Draughts, We humbly beg leave to lay before your Majesty for your Royal approbation Which is most humbly submitted [The first mentioned draft following, referring only to Nova Scotia, New Hampshire, New York, Virginia, North Carolina, South Carolina and Georgia: and then the second which includes New Jersey.] Draught of an Instruction for the Governors of Nova Scotia New Hampshire New York, New Jersey Virginia North Carolina South Carolina Georgia Barbadoes Leeward Islands Bermuda Bahama and Jamaica relative to the Tenure of the Commissions to be by them granted to the Judges & other Officers and Ministers of Justice in the said Colonies WHEREAS laws have been lately pass'd or attempted to be passed in several of Our Colonies in America enacting that the Judges of the several Courts of Judicature or other chief officers of Justice in the said Colonies shall hold their offices during good Behaviour And whereas the Governors or other chief Officers of several other of Our said Colonies have granted Commissions to the Judges or other chief Officers of Justice by which they have been impowered to hold their said Offices during good Behaviour contrary to the express Directions of the Instructions given to the said |