By the Death of Lewis Morris' Esq at New York, the Post of Judge of the Admiralty in this Province is become Vacant, and altho' the business of the Admiralty Court of New Jersey is but small, inconvenience might arise from this Post not being filled up, I have therefore appointed Anthony White Esq' to act as Judge of the Admiralty during pleasure; I hope my Lords Commissioners for Trade and Plantations will not disapprove of this appointment, as I can make it appear that it would be much to the benefit of both Provinces that this Post should not be united in one Person I am with great Regard Sir Your most Obedient Humble Servant 1 LEWIS MORRIS was the eldest son of Governor Lewis Morris, of New Jersey, and was born at his father's country residence, Tinton, Monmouth Country, New Jersey, September 23, 1698.-Morris Family Bible, quoted in N. Y. Gen. and Biog. Record, January, 1876, pp. 16, 17. In 1722, at the early age of twenty-four, he was appointed a member of the Council of New York, which dignity he held until 1729, when he was suspended for words dropped in a dispute relating to the Governor's drafts upon the revenue.-Hist. New York City, by Mrs. Martha J. Lamb, New York, 1877, I., 536; Journal Leg. Council N. Y., 479-585. In 1732 he was elected to the Assembly, where he remained until 1746, a continual thorn in the side of the Royal Governors. In 1737, he was chosen Speaker of the Assembly, which in that year introduced the novel rule of recording the yeas and nays on measures of legisla tion.-Journals, 616, 680, 1746. "He was exceedingly unlike his father, the Governor of New Jersey; had less forensic ability, rarely indulged in offensive sarcasm, and possessed great suavity of manner, with genuine humor. As a politician he was wary, self-reliant, equal to any emergency, and his pluck almost reached audacity. What he once maintained he would never abanon or lay aside for an instant. He avoided speech-making, but when driven to it through any extraordinary excitement he never lacked expression, though some of his rhetorical flights were regarded as pedantic. He had great gifts in repartee, and was singularly entertaining in society. He was a handsome man."-Mrs. Lamb's Hist. N. Y.. I., 575-6. His portrait is prefixed to the Papers of Governor Morris, having been mistakenly supposed to be that of his father. "Instead of a hat he used to wear upon his head a loon's skin, a large American fowl, with all its feathers."—Hist. of N. Y., by Thomas Jones, I., 140. He was commissioned as Judge or Commissary of the Court of Admiralty, January 16, 1738, with jurisdiction in all maritime affairs in New Jersey, New York and Connecticut. After his death the jurisdiction was divided as suggested by Governor Hardy in the above dispatch.-Smith's New York, Albany Ed., 1814, p. 383; Jones, I., 140; N. Y. Col. Docts., VIII., 455. Judge Morris died July 3,1762, at Morrisania, New York, having inherited that princely estate from his father, and there he was interred.-Hist. Westchester County, by Thomas Bolton, Jr., New York, 1848, II., 284, 311; Papers of Lewis Morris, 326-9; N. Y. Gen. and Biog. Rec., January, 1876, p. 18. He was the father of Lewis Morris, a signer of the Letter from Governor Hardy to the Earl of Egremont acknowledging the letter of his removal from Office. My Lord [From P. R. O., America and West Indies, Vol. 172 (190).] PERTH AMBOY 3d Dec' 1762 Rt hon ble the Earl of Egremont I have received your Lordships letter of the 11th Sept! acquainting me that in consequence of a strong representation from the Board of Trade to the King in Council, His Majesty has been pleased to put an end to my Commission as Governor of New Jersey and to appoint William Franklin Esq in my room what the Declaration of Independence and General in the American army during the Revolution; of Staats Long Morris, who joined the British, and rose to the rank of General in that service; of Governeur Morris, the American Minister to France in 1789, and of other children.-Ib. Anthony White, who was appointed to succeed Judge Morris in New Jersey, was the brother-in-law of his predecessor, having married Elizabeth, daughter of Governor Morris. He was the descendant of a long line of successful officeholders, and was the father of Anthony Walton White, a New Jersey Colonel in the Revolution. A sketch of the family, by Miss Anna M. W. Woodhull, will be found in the Proceedings of the New Jersey Historical Society, for May, 1882. A word as to the Courts of Admiralty. "The proceedings of this court were in English, and according to the course of the civil law."-Smith's New York, 383: 3 Blackstone, Cap. V., vii. "In these courts one judge presides alone. No juries have any concern there. The law and the fact are both to be decided by the same simple Judge, whose commission is only during pleasure, ani with whom, we are told, the most mischievous of all customs has become established, that of taking commissions on all condemnations; so that he is under a pecuniary temptation always against the subject."-Works of John Adams, III., 466. By an Act of 4 George II., Cap. XV., Sec. 41, it was enacted that the jurisdiction of the Admiralty Courts in the American Colonies and plantations should extend to all forfeitures or penalties relating to trade or revenue.-Ib., 508. This deprived the people of their rights under the common law in many cases where they had hitherto enjoyed those rights, including the privilege of trial by jury. James Otis says sarcastically: "The Judges of the Admiralty, those mirrors of justice, to be trusted when none of the common law courts are, have all their commissions from home. These, besides other fees, have so much per cent. on all they condemn, be it right or wrong, and this by act of Parliament. Yet so great is their integrity, that it never was suspected that fifty per cent., if allowed, would have any influence on their decrees."— The Rights of the British Colonies Asserted and Proved., by James Otis, Esq., Boston, 1764, p. 53.—[W. N.] objections to my conduct are I cannot comprehend, as I never had the honour to see the Boards representation so could have no opportunity of offering any thing in my own justification; however I humbly submit to His Majesty's Commands, but I can with the greatest truth affirm that every step I have taken in the administration of this Government my Sole view has been to promote His Majestys Service and the welfare of the people committed to my care. I am with the greatest respect My Lord and most humble Servant JOSIAH HARDY. Answer of Attorney-General to the Queries propounded as to the validity of Governor Hardy's appointments. [From P. R. O. B. T. New Jersey, Vol. 9, K. 29.] [For the Queries propounded to the Attorney-General see page 351 of this Volume under date of March, 1762.] To 1. Qu. I am of opinion, that the appointment of Judges of the Supreme Court, during good behaviour, instead of during pleasure, contrary to the King's Instructions, in Governments subsisting solely by his Majesty's authority, is illegal and invalid. The letters Patent empower the Governor to constitute Judges, without prescribing any thing as to the Form or mode of constituting them; but the Instructions, which are referred to by the Letters Patent, and consequently must be incorporated into them, regulate the mode of their Constitution. I think however that altho' such appointments (as have been made in New Jersey) are illegal, yet that the Judgments given and Acts done by such Judges, will be good, for the sake of the public and of third persons, in like manner, as the Acts of Mayors and other Corporate officers de facto, until they are ousted or removed by a proper legal authority. To the 2a Qu. I am of opinion, that these appointments may be questioned on Actions for the Fees of office, or for recovering the Salarry, to be brought by new Judges duly appointed; but as the present Judges; before whom Such question must be tried, appear manifestly interested in Supporting their several appointments, I think, that the Successor to M' Governor Hardy (in case he is or shall be removed for breach of his instructions), or the Attorney General of the Province ought to prefer a Petition to the King in Council, stating the Facts, and that, in this case, Justice cannot be expected in the Province, the Judges themselves being the very parties interested against the Rights, Authority, and Instructions of of the King to his Governour, and therefore praying, that they may be removed from their offices by Order in Council. After such removal, others may be immediately nominated, whose Comissions may be framed, pursuant to the constant Tenour of his Majesty's instructions in the Royal Governments in America. Jan. 18. 1763. C. YORKE. Letter from John Pownall, Secretary of the Lords of Trade, to Attorney-General Yorke-relative to the holding of lands in America by Aliens. [From P. R. O. B. T. Plantations General, Vol. 41, p. 208.] April 27th 1763. To the Honble Charles Yorke His Majesty's Attorney General. Sir I am directed by the Lords Commissioners for Trade and Plantations to desire the favor [of] Your Opinion, as soon as conveniently may be, whether as the Laws now stand, Aliens not entitled to the Privileges and Benefits of natural born Subjects of Great Britain under the Act of the 13th of His late Majesty Cap. 7. for naturalizing such foreign Protestants and Others therein mentioned, as are settled or shall settle in any of His Majesty's Colonies in America, are capable of acquiring Property in Lands in America, either by Purchase or Grant from the Crown. I am Sir Your most Obed! hble Serv JOHN POWNALL Letter from Governor Hardy to the Lords of Trade— inclosing acts and public papers, with observations thereon. [From P. R. O. B. T. New Jersey, Vol. 9, K. 30.] PERTH AMBOY 2a May 1763 Right Honble The Lords Commissioners for Trade and Plantations My Lords By the Intrepide Man of War I send the Bills passed at the last Sessions of the General Assembly of this Province in September. there is among them one |