approved of by His Majesty in Council; But as I understand it is considered at the Council Office as a business upon which Fees are to be paid the Order of Confirmation will not be issued until the Agent for the Affairs of the Province makes application for that purpose.

With respect to the Lottery Act, I am informed it remains for Consideration at the Board of Trade, & I will not fail to apprize their Lordships of what you say in favor of it.

I am &ca
DARTMOUTH.

Draft of instructions to the Representatives in Assembly from Burlington County, relative to the dis charge of the Eastern Treasurer from his liabilities.

[From New Jersey Historical Society Manuscripts, W. J., No. 17.]

To T. B & R. B.1 Representatives in Assembly

for the County of B[urlington]

Gentlemen

Wee y Board of Justices and Freeholders of the s County think it Incumbant on us to signify to you the aprobation of the Good people of this county and the Greatfull sence they Entertain of the Justice & Integrity of a Majority of the House of Assembly at the last Sessions at Amboy, In Relation to the Eastern Treasurer, and to Return you our Most Sincere thanks for the part you acted on that ocasion.

It is so uncommon for Men to possess a sufficient Share of Integrity and Firmness to suport them In a

So in the MS. The representative for Burlington county in the twenty-second and last Provincial Assembly, elected in 1771, was Henry Paxson and Anthony Sykes.

Faithfull Discharge of Duty, in oposition to the Vices and Interest of their superiors in stations of Government, that when any do thus Distinguish themselves, they are Justly Intitled to the warmest Returns of Love and Esteme, and to be regarded Friends and Fathers of the People.

We allso think it Expediant at this Time to Give you our Instructions with regard to your Future Conduct, on that and some other ocasions, Which, so Far as you adhere to, shall wee Consider you Regardfull of our property and Interest.

1st That you do not by any Law, Resolution, or vote whatsoever, Discharge the Eastern Treasurer from the money s to be stolen out of the Treasury untill such Robery is Positively and Clearly Proved.

2 That you Continue to Insist on the Treasurer being Displaced, and untill that is Done you Raise no money on any ocasion to be put Into his hands, Let the Consequences be what they may.

3 That you Give no Money to Carry on a Tryal, Except to a Comity of your own appointment, as wee think those who are the Most Interested in the Event, the Properest to conduct it.

4th That you no ways Countinance any Tryal wilst the s Treasurer is in posision of the publick money to Defend himself with, unless the Nessesity of the Case Require it, and that if he is not Displaced you Discontinue his Salary.

5th That you Streaniously oppose passing any Excise Laws in this Province.

6th That you opose passing a Money Bill on any other Footing, than as our Money hath Heretofore Issued, nor even then unless you are Convinced that Circulating Cash is wanting, and that a Greater stock would be of Publick utility.

By order of the Board

J. S. Clrk.

Minutes of Council referring to the representations against Thomas Kinney, High Sheriff of Morris County, for allowing Samuel Ford to escape from jail.

[From Skinner Papers among Manuscripts of W. A. Whitehead, Vol. 2, No. 35.]

At a Council held at Burlington on the 14th Day of February 1774

His Excellency was pleased to acquaint the Board that he had some Time ago received from John King late the Under Sheriff of Morris County a Representation in writing containing sundry Charges against Thomas Kinney Esq, High Sheriff of the said County relative to the Escape of Samuel Ford who was committed to the Goal of the said County in July last on Suspicion of having Counterfeited the Bills of Credit of this Province-That His Excellency had caused a Copy of the said Representation to be delivered to the said Tho Kinney Esqr in order that he might have an Opportunity of answering the said Charges-That His Excellency had lately received from the said Thomas Kinney an answer in writing to the said Charges together with sundry Affidavits in support of the s Answer, which Papers His Excellency was pleased to lay before the Board and to ask the Advice of the Council thereon.

The Council having taken the same into Consideration were of opinion that the Charges contained in

the said Representation are not supported. But it appearing to the Board that the said Thomas Kinney may nevertheless be blameable for Negligence in his Office respecting the Escape of the said Samuel Ford, the Attorney General was called in and examined touching that Matter, who informed the Board that a Bill of Indictment was found against the said Sheriff by the Grand Inquest of the said County of Morris for Misbehaviour respecting the said Escape whereupon the Council advised His Excellency to order the Attorney to prosecute the said Indictment at the next Court.

CHAS PETTIT

Message of Gov. Franklin to the Assembly, transmitting the resignation of the Treasurer, Stephen Skinner.

[From New Jersey Historical Manuscripts, E. J., No. 20.1

Gentlemen,

February 24, 1774

Having Communicated your Message of yesterday to M Skinner that he might see the objections you have to his being Intrusted with the Money proposed to be granted to his Majesty at this Sessions, he has therefore presented me with a Memorial requesting Leave to Resign his office, In hopes that his Resignation may be the Means of entirely removing those Difficulties which have of late embarrassed and impeded the publick Business. I have given my consent to it, and have with the unanimous advice of the Council appointed John Smyth,' Esq. Treasurer for the Eastern

1 JOHN SMYTH was of the well-known Perth Amboy family of that name, probably a son of Lawrence Smyth, and brother of Andrew Smyth. He was admitted to the Bar at the August Term, 1745.-Vroom's Sup. Ct. Rules, 58. In 1754 the Legislature named him as one of the signers of Bills of credit.-N. J. Archives, VIII, 2d, 200. He was a Vestryman of St. Peter's Church, Perth Amboy, 1749-62, and a Warden 1763-74. In 1758 he was appointed by the Legislature as one of the Com

Division, and I hope his appointment will prove agreeable to your House. It would not be doing justice to Mr. Skinner if I did not subjoin a copy of his Memorial that you may see from what truly public spirited motives he has been induced to comply with your Inclination on this Occasion

W FRANKLIN

Memorial of Stephen Skinner

To his Excellency William Franklin Esq, Captain General & Governor in Chief &c.

May it please Your Excellency,

The Misfortune which befell me in the year 1768 of being robbed of a large sum of the public money Committed to my custody as Treasurer of the Eastern Di

missioners to erect and furnish barracks for the soldiers quartered in the province. In 1760 he was named as one of the Commissioners to erect an office in Perth Amboy for the East Jersey records, and in 1766 was one of the Commissioners to erect a court house and jail at Perth Amboy.-Whitehead's Perth Amboy, 239-51-7-9. In 1762 he was appointed one of the Surrogates for East Jersey, and in that year also Governor Hardy recommended him for a seat in the Council, as a gentleman of ability.-N. J. Archives, IX., 360, 366. The controversy between Governor Franklin and the Assembly with reference to the robbery of the treasury of East Jersey, while Stephen Skinner was Treasurer, having forced Mr. Skinner's resignation on February 23, 1774, the next day the Assembly, which had long been seeking the right to name that officer, took the liberty of nominating John Smyth for the succession, the vote being unanimous, and sent up a message to that effect to the Governor before he had time to convene his Council. As the Council thought this might tend to heal the existing differences between the Governor and the Assembly they recommended the appointment of Smyth, and the Governor commissioned him accordingly.-N. J. Hist. Proc., September, 1850, 59-62. The House passed an act at the same session, March 11, 1774, requiring the Treasurer of each division of the Province to give £10,000 security, and also another act on the same day directing Treasurer Smyth to bring suit against his predecessor for £6,570 9s. 4d., being the amount alleged by Skinner to have been stolen from the treasury while it was in his custody, in order to "bring the Merits of this Controversy "" to a fair and legal Decision."--Allison's Laws, 447-9. Smyth's loyalty was evidently suspected at the breaking out of open hostilities with England, and this suspicion was intensified when he declined to accept from Col. Samuel Ford, Collector of Morris county, Continental or Connecticut money, in payment of the county's taxes; this he ex. plained, however, when called upon by the House in February, 1776, by stating that he was doubtful if the Provincial Congress would allow such moneys in the settlement of his accounts; if they would, he would be perfectly willing to take such money, and would be pleased to continue in office, under the Provincial Congress. Being at the time disabled by disease from moving about with ease, he proposed