Representation of the Lords of Trade to His Majesty, proposing the repeal of an act, passed in September, 1762, for rendering void the lottery lately made by Peter Gordon, etc. [From P. R. O. B. T. New Jersey, Vol. 17, p. 183.] WHITE HALL July 5. 1764 To the King's most Excellent Majesty. May it please Your Majesty, We have had under our Consideration an Act passed in Your Majesty's Province in New Jersey in September 1762, intituled, "An Act for rendering void the Lottery lately made "by Peter Gordon for the sale of certain lands lying "in the County of Middlesex, and to relieve and to "secure the Trustees and Managers of the said Lottery "against any Action that is or may be brought "against them concerning the same." We have also consulted Sir Matthew Lamb, one of Your Majesty's Counsel at Law, who has reported to us, that it appears to relate to a private Transaction, in which the Legislature of this Province has no Concern, nor ought in that Capacity to have interfered by any Act of Assembly in relation to it;-That if Peter Gordon and the Managers appointed by him to conduct the Lottery, have either by Fraud or Mistake done anything to the prejudice and loss of the Adventurers, they must justify themselves, or be made accountable for the same in a legal Course, and the Adventurers ought to be left at Liberty to make use of such Remedies for their Redress as they are legally intituled to, without being debarred in their proceedings by any legislative Act in Favor of the Managers:-And that he is of opininion for these reasons, that this Act should not be confirmed. And as we concur in Opinion with Sir Matthew Lamb, we beg leave humbly to propose to Your Majesty, that the said Law should receive Your Majesty's Royal Disallowance. Which is most humbly submitted. Letter from the Lords of Trade to Governor Franklin, approving his conduct, recommending James Parker and Frederick Smyth to be of the Council of New Jersey, and the latter Chief-Justice-no objection to imposing a duty upon the importation of Negroes-Mr. Ogden and Mr. Ashfield. [From P. R. O. B. T., New Jersey, Vol. 17, p. 185.] WHITE HALL, July 13, 1764. To William Franklin Esq' Governor of New Sir, Jersey. As most of the Letters which we have lately receiv'd from You, and which contain anything material, do relate either to your proceedings with the Assembly upon the requisition made by the Commander in Chief of His Majesty's Forces for further aid for repelling the Incursions of the Indians, or to the orders which have been given for the due execution of the Law that lays a duty upon the Importation of foreign Rum, Sugar and Melasses, the Directions which we have to give you by this Packet lye within a narrow Compass. We observe with Satisfaction the endeavours you us'd to check the Assembly in their unconstitutional Method of providing those Services, which the Exigen cy of the times demanded; but as they have not thought fit to alter that method, and to make their proceedings correspond with the principles of the British Constitution, it must remain for His Majesty to take such measures, as shall appear to be necessary in a matter of so much importance to the due dependence of the Colonies upon the just Authority of the Crown. It is not only in the Laws for providing for temporary Services, that they appear to deviate from the principles and practice established in this Kingdom; the annual Act for the Support of Government is equally exceptionable in many parts, for we observe, that the Salaries are payable to the Officers by name, and not for the time being, which has a direct Tendency to establish in the Assembly a Negative in the nomination of those Officers, and that the said Act does of itself create appointments of Officers, that ought to be appointed by Commission from the Governor. We further observe, that, in the Clause appointing an Agent, he is styl'd Agent for the Province at the Court of Great Britain,' which appears to us to be a 1 The Proprietaries had generally maintained an agent at London, to look after their interests before the Lords of Trade and the Parliament, in the selection of Governors and the regulations concerning revenue, etc. Ferdinand John Paris acted as such for thirty years or more, prior to 1759.-N. J. Archives, VI., 424-5, note. In 1731 the Assembly concluded to appoint an agent to attend to the interests of the people. Mr. Paris was a candidate, but Richard Partridge, a Quaker, of fair business habits but little force of character, was selected, and held the position for thirty years. Governor Morris was suspicious that he was more on the alert for the concerns of the Assembly and the people than for the interests of the Governor and Council-Papers of Lewis Morris, 46, 220; N. J. Archives, V., 293, 303. As Mr. Partridge was a brother-in-law of Governor Belcher (the latter having married his sister, Mary, daughter of Lieut.-Governor William Partridge, of Massachusetts), it was natural to suppose that he would now favor the royal prerogatives, especially as he was assumed to have had much to do with the appointment of the Governor.--Hatfield's Elizabeth-Town, 377; Morris Papers, 46, note. On his death, in 1761, Joseph Sherwood was appointed agent.-Ib. In 1763 the Province was represented in London by Andrew Drummond & Co., Henry Drummond being the active manager-Penn. Col. Records, IX., 47, 50. As the interests of the Colonies and of the mother country were now becoming so diverse, the British Ministry disliked to have any interference in London with their administration of American affairs. In Massuchusetts, the Governor refused to pay the agents appointed by the Assembly to represent the people at the court of Great Britain, assuming that the popular branch had no right to be thus represented by its own agent.-Works of John Adams, IV., 70.—[W. N.] ridiculous Affectation in the Assembly to cloath an Officer, who is merely an Attorney to transact their Affairs, independent of the general Interests of the Colony, with a Character that belongs only to the Minister of a Foreign Prince. We have considered the State of the Council, and observing that there are two vacancies, we have recommended James Parker Esq'' and Frederick Smyth Esq, -whom His Majesty has appointed to be Chief Justice of the Province, to supply these Vacancies. * * * In Considering the Laws of New Jersey passed in 1762 & 1763, we have been under the necessity of proposing the repeal an Act for rendering void the Lottery lately made by Peter Gordon for the sale of certain Lands lying in the County of Middlesex; which leads us to take notice of the Practice, which has too much prevail'd in the Colony of New Jersey, of passing Laws to empower persons to set up private Lotteries. The establishing Lotteries for raising money for public Services is of very doubtfull policy, and is a measure seldom adopted except in Cases of public 1 JAMES PARKER, son of John Parker, of Perth Amboy, was born 1725. He was Captain of one of the six companies that went from that town to Canada in the campaign of 1746. He subsequently traded to the West Indies for some years. In 1771 he was Mayor of Perth Amboy. Whitheead's Perth Amboy, 133-4. That town chose him one of its Committee of Correspondence in 1775, and also elected him to the Provincial Congress. He did not attend, and for the sake of peace removed to Hunterdon County. Refusing upon summons of the Committee of Safety to take the oath of abjuration and allegiance, he was, August 20, 1777, ordered to be con fined as "a person disaffected to the State," but the next day was released on giving security to "remain at or within a mile of the Court House at Morristown." In November, 1777, he was ordered to be committed to the common jail at Morristown as a hostage for the better treatment of John Fell, member of Congress from New Jersey, who was then a prisoner in New York, treated with great severity. Owing to Mr. Parker's ill health he was not actually confined in jail, but in “a private room nearest the Court House," and on the last day of the year was permitted to go home, on parole.-Minutes of Provincial Congress, etc., 1775-6, 56, 57, 58, 103, 323; Minutes of Council of Safety, 1777, 98, 116, 117, 121, 122, 140, 161-2-3-4, 173, 182. Nothwithstanding his neutrality during the war, he stood so well with his neighbors that he was warmly urged to be a candidate for Congress in 1789. He died October 4, 1797, aged 72, and lies buried in St. Peter's church yard, at Perth Amboy. He was the father of James Parker, the second President of the New Jersey Historical Society, 1865-8, and who filled a large place in the history of his State for three-quarters of a century.-Whitehead's Perth Amboy, 134-6.—[W. N.] Exigency; but it does in no degree warrant the encouraging private Lotteries, which we conceive may be open to the greatest Fraud and Abuse. As we have no particular Objection to the Policy of imposing a reasonable duty upon the importation of Negroes, we should have been glad to have laid the Law passed for that purpose before His Majesty for his approbation; but as the Duty is laid payable by the Importer, and a part of it is reserved in Case of reexportation, it appears to us to be contrary in both these respects to the 26th Article of Your Instructions. The first Article of His Majesty's Instructions to You appears to us to be to all Intents & Purposes a new appointment of the Council; and as M: Ogden is in that article named before M Ashfield it decides the precedence in his favour. So we bid You heartily farewell, and are &ca HILLSBOROUGH BAMBER GASCOYNE. T. DYSON. List of Commissioners named by Mr. Wilmot on the part of New Jersey, for running the boundaries between the provinces of New Jersey and New York in America. [From P. R. O., B. T., New Jersey, Vol. 9, K. 47.] July 20. 1764 1. Governor Franklin, or the Commander in Chief for the Time being. 2. Andrew Oliver, Secretary of Massachuset's Bay. 3. Peter Randolph, Surveyor General of the Customs of the Southern District. 4. Payton Randolph, Attorney General of Virginia and one of the Council 5. Richard Corbin, One of the Council of Virginia HENJ WILMOT |