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and confidence in your integrity impartialty Prudence and ability Have assigned constituted and appointed and We do by these Presents assign constitute and appoint you the Said Robert Hunter Morris to be Our Chief Justice of and in Our Province of Nova Caesarea or New Jersey in America in the place and room of Robert Lettis Hooper Esq' deceased our late Chief Justice of our Said Province Giving and by these Presents Granting unto you the said Robert Hunter Morris full Power and Authority in Our Supream Court of our Said Province to hear try and Determine all Pleas whatsoever Civil Criminal and mixed according to the Laws Statutes and Legal usages of Our Said Province that are not repugnant to the Laws and Statutes of that part of our Kingdom of Great Britain called England and according to such Laws and Statutes of our Said Kingdom as now do or hereafter shall be made to extend to our Plantations in America; and Executions of all Judgments given in our Said Court to award; and from time to time to make Such Rules and Orders in our Said Supream Court in our Said Province for the benefit of the Inhabitants of our Said Province as you shall judge to be convenient and usefull for the more easy Speedy and impartial administration of Justice and the preventing of unreasonable and unnecessary delays and as near as may be agreeable to the Rules and Orders made in the like cases in our Courts of Kings Bench Common Pleas and Exchequer* in our Kingdom of Great Britain To have and to Hold and enjoy the Said Office and Place of Chief Justice of and in our Said Province of Nova Cæsarea or New Jersey in America with all and singular the rights priviledges advantages emoluments Salarys profits fees and perquisites to the said office and place of Chief Justice belonging or in any wise appertaining or that of right ought to belong or appertain to the said office as fully and amply as any other Our chief Justices of Our Said

Province have or of right ought to have held and enjoyed the Same to you the said Robert Hunter Morris for during your good behaviour in the Sa me In Testimony whereof we have caused these our Letters to be made Patent and the Seal of Our Said Province to be hereunto affixed Witness our trusty and well beloved Lewis Morris Esq' our Captain General and Governor in chief in and over our Province of Nova Cæsarea or New Jersey and Territories thereon depending in America and vice Admiral in the same &c at our City of Perth Amboy in Our Province aforesaid the seventeenth day of March in the twelfth year of Our Reign annoq Domini 1738.

BURNET

Secretarys Office at Perth Amboy in New Jersey The above is a true Copy from Book E 2. page 336 Tho Bartow

Secry

Letter from Governor Bernard to the Lords of Trade expressing his gratitude at being appointed Governor of Massachusetts Bay. -The solemnization of the Day of Thanksgiving.-Mr. Morris' claim to the office of Chief Justice.

[From P. R. O. B. T. New Jersey, Vol. 8, I. 89.]

PERTH AMBOY feb 25. 1760

The Rt Honble The Lords for Trade & Plan

My Lords

tations

I had the honour on the 15th inst to receive your Lordships commands by letters severally bearing date Nov 13, Nov 14 & Dec 14. As to the first signifying his Majesty's commands for appointing a day of thanks

giving, I must inform your Lordships that I did appoint Thursday the 22 of Nov' for a day of thanksgiving for the taking Quebeck & other success of his Majestys Arms. Nevertheless as We have since received advice of the defeat of the french fleet by Adm' Hawke, I have issued a proclamation injoyning a thanks-giving for that happy Event on the first Sunday after receipt of Notice of the same.

In regard to that dated Nov 14, signifying, that his Majesty had been graciously pleased to approve of my being appointed Governor of the Massachusets bay, I beg leave to assure your Lordships, that I have the highest sense of his Majestys favour, in distinguishing me with this public approbation of my services: and I am very much obliged to your Lordships, as well for your favourable report of me, as for your congratulations on the occasion

As to that as to your Lordships L're of Dec 14 concerning M' Morris's claim of the chief justice ship, I informed My Lord Halifax by a letter dated Dec 3 which Mr Jones solicited & undertook to carry to England, that Mr Morris declared he would give Mr Jones no trouble about the office. I now transmit to your Lordships a copy of M' Morris's patent, & also a copy of a letter from him to me, showing his reasons for thinking he ought to have been permitted to resume his office. The whole amount of which is that, as he proposed a resignation on account of his taking the government of Pennsylvania, & he quitted that government & returned to New Jersey before your Lordships had accepted his resignation, the reasons of it ceasing, the resignation itself was revoked. But I observed to him that in his letter to your Lordships, He did not attribute his desire to resign the office to his taking the Government of Pennsylvania, but to his private affairs not permitting him to attend the duties of it: And therefore your Lordships could not take

notice of his quitting that government as a ceasing of his reasons for his resignation; if it were so he should have signified it to your Lordships & prayed leave to withdraw his resignation As he did not, all this misunderstanding has arose from his own omission. I cannot however but be sorry that this affair was not properly understood, at a time when it might have been adjusted more easily than it can now. For M1 Jones has been so unfortunate, that there is an universal dissatisfaction at his appointment: so that it seems to me that it will be difficult for him to hold the office, even if he will serve it for nothing. But, as this will depend in a great measure upon the part the Assembly will act in this business, I may be premature in troubling your Lordships with my conjectures tho' founded on the greatest probability

Last Saturday I received his Majesty's commands from Mr Secry Pitt, to provide for the Service of the next campaign: I have called the Assembly to meet on the 11th of March. I expect they will only pass the bill for raising the regiment, and postpone the other business till the arrival of Mr Boone, to whom I have wrote and have proposed the end of May for his coming here. When the business of the Assembly is over I shall acquaint your Lordships with their proceedings. I have the honour to be

My Lords, Your Lordships

most obedient & most humble Servant

FRA. BERNARD

Letter from Mr. Bernard to the Lords of Trade, containing an account of the proceedings of the Supreme Court in relation to the claim of Mr. Robert Hunter Morris to the office of Chief Justice.

[From P. R. O., B. T., New Jersey, Vol. 8, I. 92.]

PERTH AMBOY Mar 22 1760

The Rt Hon'ble the Lords Com'rs, for Trade & Plantations

My Lords

Last Tuesday the Supreme Court opened here; in the morning of which day M' Morris came to me and said that the people in general were so uneasy at M' Jones's taking his seat as Chief Justice, that he could not resist their solicitations for him to take the seat & thereby prevent M' Jones. I reminded him of his promise to me that he would not interrupt Mr Jones in taking his seat. He said that he entred into that engagement upon account of his desire not to undertake any business that was like to give me much trouble : but that, as I was removing from the Province & not like to be affected by this contest, He thought he should be remitted of his liberty of prosecuting his right in such manner as he should see occasion. I said that, to be sure, I should release him from this engagement so far as I was concerned: but I thought it was extended much beyond me. It seemed to me that Your Lordships had an intrest in it, as I had acquainted you with it more as a public than a private transaction, and that Mr Jones was intrested in it, as most probably he had staid in the Country in dependence that Mr Morris would not obstruct him in taking the office. He replied that his engagement was made

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