348 ADMINISTRATION OF GOVERNOR HARDY. [1762 had the honor of Your Lordships letter of the 9th October acquainting me that his Majesty had been pleased to appoint you to be secretary of state for the Southern Department I sincerely congratulate Your Lordship on this occasion, and beg leave to recomment the Province of New Jersey to your patronage and protection. The General Assembly in their last Sessions brought in a bill to lay a small duty on Negro's imported here, which I stop'd their proceeding in by a message acquainting them that the 26th article of his Majestys instructions forbid my giving my assent to such a Bill, whereupon they have desired me to represent to your Lordship the Hardship they think themselves under, as the Provinces on each Side have laid such a duty which which occasions great Numbers of Negro's to be every year landed in this Province and are from hence run into New York and Pensylvania, besides overstocking this Country with Slaves, of which in the general opinion there are already too many; and prevent in a great measure settling the Colony properly they therefore humbly hope his Majesty will be please to take their case into consideration and grant them relief, by giving me orders to assent to a bill for this purpose. I must now acquaint Your Lordship with a difficulty I found my Self under on my arrival in this Province. The time limited for all Officers under the Government holding their Commissions being expired, the Judges of the Superior Courts look'd on themselves as not legally qualify'd to act by which means a total Stop was put to the administration of Justice in those Courts, this being represented to me as a very serious matter which might be attended with very bad consequences, and that the minds of the people began to be uneasy, I therefore by the unanimous advice of his Majesty's Council have renew'd the Chief Justice and second and third Judges Commission, in the same manner and to the same Gentlemen who have discharged these Offices with great reputation and integrity. I would willingly have postponed this affair till I could receive his Majesty's Commands, but, I found the delay must occasion great inconveniences and be attended with consequences that might prove very prejudicial in carrying on his Majesty's Service, and likewise much disturb the publick peace; I therefore hope I shall have the honor to receive his Majesty's approbation of what I have done; and I should be glad to know his Majestys pleasure what I am to do in case a vacancy should happen which may be expected from the age and infirmity of the Second and third Judges. I am with the greatest respect My Lord Your most obedient Humble Servant Memorandum of Case referred to the Attorney and Solicitor General as to whether Governor Hardy's appointment of Judges during good behavior are valid. [From P. R. O. B. T. New Jersey, Vol. 17, p. 131.] CASE. Case referred to the Attorney & Solicitor General day of By His Majesty's Letters Patent bearing date at Westminster the 1761, Josiah Hardy Esq was appointed to be Captain General & Governor in Chief of Nova Cæsarea or New Jersey, and was thereby required to do and execute all things in due manner that belong unto his said Command and the trust reposed in him, according to the several Powers and directions granted or appointed by his said Commission, & the Instructions & Authorities therewith given him, or by such further Powers, Instructions and Authorities as should at any time be granted or appointed him under His Majesty's Signet & sign manual, or by Order of His Majesty in his Privy Council, and according to such reasonable Laws & Statutes as were then in force, or should be made and agreed upon by him with the Advice and Consent of the Council and the Assembly of the said Province under his Government, in such manner and form as was therein expressed. The said Josiah Hardy was further impowered by the said Letters Patent to erect, constitute and establish such and so many Courts of Judicature and publick Justice within the said Province under his Government as he should think fit and necessary for the hearing and determining of all Causes as well Criminal as Civil according to Law and equity and for awarding of Execution thereupon, with all reasonable and necessary Powers, Authorities, Fees & Privileges belonging thereto; and also to constitute and appoint Judges and in Cases requisite Commissioners of Oyer and Terminer, Justices of the Peace, and other necessary Officers and Ministers in the said Province for the better Administration of Justice, and putting the Laws in Execution. By His Majesty's general Instructions to the said Josiah Hardy Esq under His Majesty's Signet and Sign Manual, bearing date the 30th day of June 1761, which said Instructions are referred to in, and were delivered with the above recited Letters Patent, it is directed, that all Commissions to be granted by him the said Josiah Hardy to any Person or Persons to be Judges, Justices of the Peace or other necessary Officers should be granted during Pleasure only. Some time after M Hardy's Arrival in his Govern ment, he thought fit to appoint Robert Hunter Morris Esq to be Chief Justice, and two other Gentlemen to be second & third Judges of the supreme Court during their good Behaviour. Q. Are such Appointments of these Judges to be Judges of the Supreme Court during good Behaviour, contrary to the express Directions of His Majesty's Instructions to the Governor, legal and valid Appointments?1 Q. If such Appointments are not legal & Valid, by what Authority and in what manner may they be set aside? [March 1762] Letter from Mr. Pownall, Secretary of the Lords of Trade, to Sir Matthew Lamb, desiring him to prepare a draft of a Bill for the punishment of murder committed within the Admiralty Jurisdiction in the Plantations. Sir [From P. R. O. B. T., Plantations General, Vol. 41, Page 179.] WHITEHALL March 17th 1762 To Sir Mathew Lamb Bart His Majesty having been pleased by his Order in Council of the 11th instant to direct that the Lords Commissioners for Trade and Plantations do, with the Advice and Assistance of His Majesty's Advocate Attorney & Solicitor General, prepare, in order to be laid before Parliament, a Bill for the Tryal and Punishment of Persons guilty of Murther within the Admir See Attorney General's Answer, January 18th, 1763.—ED. alty Jurisdiction in the Plantations, and it being His Majesty's Pleasure that this Business should be proceeded upon with all possible Dispatch; I am directed by their Lordships to desire that you will forthwith draw up the Heads of a proper Bill for this Purpose to be immediately laid before their Lordships for their Consideration and that you may be the better enabled to pursue their Lordships Directions herein, I herewith inclose to you a Report of His Majesty's Advocate, Attorney and Solicitor General upon certain Questions stated to them in reference to the Laws as they now stand. I am Sir Your most obedient humble Servant A Bill for the more speedy and effectual Tryal and Punishment, in His Majesty's Colonies and Plantations in America, of Persons guilty of Murder within the Limits of the Admirals Jurisdiction. Whereas by An Act of Parliament made in the Twenty Eigth Year of the Reign of King Henry the Eighth, It is Enacted that Treasons, Felonies, Robberies, Murders and Confederacies committed on the Sea shall be enquired of, tryed and determined according to the common Course of the Laws of this Land used for such offences upon the Land within this Realm, Whereupon the Tryal of those offenders before the Admiral or his Lieutenant or his Comissary hath been altogether disused, And Whereas since the passing the said Act, Persons committing Murders on the Seas or in any Haven Creek or Place where the Admiral has Jurisdiction in His Majesty's Colonies and Plantations in America, cannot be brought to condign Punishment without great Trouble Charge and Incon |