Mother was a Savage Indian, is or is not to be deem'd a British Subject?

24 QUESTION. Whether a British Subject can legally possess Lands within the express Limits of any of His Majesty's Colonies in America, in virtue of a Grant of such Lands from the Savage Indians obtained without leave from His Majesty, or any Persons acting under His Majesty's Authority; and whether such Possession would be valid against the Possession of any other British Subject claiming the same Lands, or any part of them under a Grant or Conveyance from His Majesty or any Person acting under His Majesty's Authority; if not, what will be the proper method of supporting the Rights of the Crown in such case, & proceeding against such illegal possession?

Report of the Lords of Trade to the Privy Council, upon the second Remonstrance of the Agent for New Jersey, respecting a Bill passed by the Assembly authorizing the issue of £89,000 in Bills of Credit.

[From P. R. O. B. T. New Jersey, Vol 16, p. 250.]

To the Right Honble the Lords of the Committee of His Majesty's most Honble privy Council for Plantation Affairs.

My Lords.

Pursuant to your Lordships Order dated 13th March last, We have taken into Our Consideration the further humble petition and Remonstrance of Richard Partridge Agent for and in behalf of the House of Representatives of the Colony of New Jersey, setting forth several Matters by way of Observations and Answers

to the Objections contain'd in Our Report to your Lordships of the 21st of Feb last, upon a former Petition of the said Agent, humbly praying, that His Majesty would be graciously pleased to signify his Royal Pleasure to the Governor of the said Colony to give his Assent to a Bill prepared by the said House of Representatives in March 1757, entituled an Act for making current £60,000 in bills of Credit to be emitted on Loan within the Colony of New Jersey, the Interest whereof to sink the further Sum of £29,000 to be also made Current for the immediate Service of the Crown, if the same should be needed, otherwise for the Relief of the said Colony. And having been attended by M' Partridge and heard what he had to offer in the Support of the several Matters set forth in his said further Remonstrance, We beg leave to report to your Lordships;

That we do not find in any thing which the said Agent has offer'd to Our Consideration, sufficient weight to invalidate the Force of the Objections stated in Our former Report: on the contrary he admits the Propriety of the two first of them, and has declared himself ready to acquiesce in any Alterations which We should think necessary to be made in those Clauses of the Bill, which respect the appropriation of the £29,000, and the application of the Surplus Interest of the £60,000 proposed to be emitted on Loan.

The only Question therefore which remain'd for us to consider, in obedience to your Lordships Order, is, how far a Law of this kind may be necessary to be pass'd in New Jersey, at this time. And in order to judge of that Question, it will be necessary to state to your Lordships the Reasons on which such necessity is is said to be founded. Such a Law is alleged to be necessary.

1st To enable the Colony to contribute its Assistance in carring on the War, by Keeping on foot a Regiment consisting of 500 Men.

2dly On Account of the Convenience and Advantages which will result to the internal Commerce and domestick Concerns of the Colony, by operating as a Medium of Trade and a means of promoting and extending Settlements and cultivation.

With respect to the first of these Reasons, We beg leave to observe to your Lordships, that the Quota of Forces, which this Colony furnishes to the Assistance of the Common Cause for the service of the current year, is levied and actually on foot and consequently such Services must have been provided for in some other way; so that this plea of necessity cannot exist at present.

With regard to the second Reason, We have in former Reports on Bills for emitting paper Currency on Loan in this Province, and particularly in Our Report of the 18th of March, 1754, humbly offer'd it as Our Opinion, that a moderate Quantity, issued on proper Security and having a proper fund for its Redemption within a limited time, may operate to the Advantage of a trading Colony, and may serve to improve and extend the Settlement of it, and may also be the least burthensome Method of levying Money for the Support of Government: and We still incline to that Opinion. But as the Agent has declared to Us, that, should his Majesty be pleased to permit the passing of a Loan Bill in New Jersey, the Assembly, his Constituets, will not accept the Indulgence, unless the Bills of Credit thereby to be emitted may be declared legal Tenders in all payments, it seemed needless to enter upon any further proposition with him upon this Subject, as We can by no means depart from Our former Opinion on this point, founded as it is, on so high an · authority as the Sense of Parliament so fully expressed in their Resolutions in April 1740, and by the Act pass'd in 1750 for restraining paper Currency in the four Colonies of New England.

But if your Lordships should nevertheless judge it necessary or expedient to indulge the Colony in this particular, We would humbly offer it as Our Opinion, that an additional Instruction authorizing the Governor to give his Assent to such a Bill to be prepared and pass'd under proper Restrictions wou'd be the most proper Method, as We conceive there are many Circumstances relative to & connected with the Nature of such a Bill, which, for want of a competent Knowledge of them, cannot be properly provided for in a Draught of a Bill prepared here, but must be left to the care of the Legislature of the Colony, who alone are sufficiently acquainted with them.

Letter from Francis Bernard, Governor of New Jersey, to the Lords of Trade, giving an account of his arrival in his Government, etc.

[From P. R. O., B. T., New Jersey, Vol. 8, I. 67.]

PERTH AMBOY June 20. 1758

To the Right Honorable the Lords Commissioners for Trade & Plantations.

My Lords

I have the honour to acquaint your Lordships That I arrived at Perth Amboy on the 14th day of June at noon after a much longer passage than was expected. I immediately issued orders for a Council to meet on Fryday following, at which time appeared seven Gen

tlemen of the Council there being but 10 now within the Province. I first took and administred the oaths according to my instructions; I then laid before them Advices I had received of an irruption of the Indians on the Frontiers next Delaware. The particulars of which that have come to my knowledge are as follows:

On the 7th of June advice being brought that a party of Indians had crossed the Delaware at Nomanack a Party of Frontier Soldiers & Inhabitants went out against them & not finding them five of the company separated from the rest & fell into an ambuscade of 17 Indians: & both parties firing at once two of our party were killed & another wounded. But the rest of the party being alarmed came to the place where they found one Indian killed & could perceive by blood & other signs that 3 others were wounded. On the 12th Near 20 Indians attacked the house of Abraham Cont

track & killed two persons. On the 13th about 30 Indians attacked the house of Uryon Westfall & killed seven persons & carried off four Children. It seems there were in the house 15 Men most of them New York Soldiers. But upon the Indians making the attack they chose to fortify themselves in the Cellar & Chamber from whence they drove the Indians off so as to save one Scalp of the seven killed. I must add from a Verbal Account I have had of which in my hurry I have not preserved the particulars of time & place. That a Boy seeing an Indian come down upon him & having a Gun in his hand preserved his Fire until the Indian was near him & then fired & ran away. And giving an account thereof a Party went out & by the help of Dogs found the Indian under a heap of stones. And He appears to be a Famous adverse Partisan called John Armstrong; which is most probable, for the scalp which was brought to me, is so adorned with beads & other finery that it must come from the head of some considerable Indian.