Commission of Richard Stockton as Associate Justice of the Supreme Court.

[From Book C 3 of Commissions, Secretary of State's Office, Trenton, fol. 144.]

GEORGE the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c. To Richard Stockton Esq.' Greeting We

under Charles Read, and on the death of the latter, in 1736, was appointed to fill the vacancy. It was a singular coincidence that thirty-six years later his son, Francis, should have been named to succeed in an important station his own former patron's son, Charles Read, the younger. Francis was baptized in Christ Church, Philadelphia, November 12, 1737, being at the time seven weeks old.---Hist. Burlington and Mercer Counties, 468. He was liberally educated, and so far departed from the ordinary curriculum of the time as to familiarize himself with the Dutch language, utilizing his knowledge in making a translation of the Psalms, etc., for the Dutch Church at New York, in 1765, for which he received £145; with the money thus earned he sailed for England in 1766, remaining abroad more than a year, being the guest of his relative, the Bishop of Worcester. On September 1, 1768, he became identified with New Jersey thus in the eloquent language of a Bordentown correspondent of the Pennsylvania Chronicle of the day:

"On Thursday last Francis Hopkinson, Esq., of Philadelphia, was joined in the Velvet Bands of HYMEN, to Miss Nancy Borden, of this place, a lady amiable both for her internal as well as external Accomplishments, and in the words of a cele brated poet: "Without all shining, and within all white,

Pure to the sense, and pleasing to the sight.'"

Ann Borden was a daughter of Judge Joseph Borden, the son of the founder of Bordentown. Probably about the time of his marriage Mr. Hopkinson took up his residence at Bordentown, where he remained for several years. -Hist. Burlington and Mercer Counties, 468-9. He still retained his connection with Pennsylvania, however, being a Vestryman and acting as organist at times for Christ Church, Philadelphia.-Dorr's Hist. Christ Church, 298. May 1, 1772, he was appointed Col

1 RICHARD STOCKTON was descended from an English family, of Stockton in Durham, on the river Tees, England. The first of the family to immigrate to America, Richard Stockton, settled at Flushing, L. I., whence he removed to Burlington county, N. J., where he bought 2,000 acres, March 10, 1692. He died 1707, leaving children Richard, John, Job, Abigail (Ridgeway), Sarah (Jones), Mary, Hannah and Elizabeth. His son Richard removed from Flushing to Piscataway, and thence (in 1696) to Princeton, buying 400 acres, and in 1701 bought of William Penn 4.450 acres more, in and about the present Princeton. He died 1709, leaving six sons-Richard, Samuel, Joseph, Robert, John, Thomas. His estate being divided soon after, the homestead, now known as "Morven," fell to John, who became an influential man in the community. He was a judge of the Somerset Common Pleas, and was a warm friend of Princeton College.--Princeton and its Institutions, by John F. Hageman, I., 83-9. Richard Stockton, son of John, was born at Princeton October 1, 1730, was one of the first class graduates from the College of New Jersey, in 1748, studied law under David Ogden, was licensed in 1754 as an attorney, in 1758 as a counsellor, and in 1764 as sergeant, his practice meantime becoming co-extensive

reposing special Trust and Confidence in your Integrity Learning and Ability have assigned Constituted and appointed And We do by these presents assign constitute & appoint you the said Richard Stockton Esq. to be one of the Justices of our Supreme Court of Judicature for our Province of New Jersey in America Giving and by these Presents Granting unto you full Power and Authority to hear try & Determine all

lector of Customs at New Castle, on the Delaware.-Penn. Archives, IV., 451. He was licensed as an attorney and counsellor of New Jersey May 8, 1775.-Vroom's Sup. Ct. Rules, 60, 94. On June 22, 1776, he was appointed by the Provincial Congress as one of the delegates from New Jersey to the Continental Congress.-Minutes Provincial Congress, etc., 473. The journals of the latter body show that Mr. Hopkinson presented the instructions under which he and his colleagues were to act. He signed the Declaration. The Legislature in joint meeting on September 4, 1776, appointed him one of the Associate Justices of the Supreme Court, but he declined the office,-Vroom's Sup. Ct. Rules, 47. The Continental Congress appointed him, November 6, 1776, one of three persons to constitute the Continental Navy Board.-Journals of Congress; Penn. Col. Records, XI., 260. Some account of a quarrel he had at Bordentown in this capacity in 1778 will be found in the Hist. Mag., III., 202-3. The Pennsylvania Legislature appointed him, July 16, 1779, Judge of Admiralty, which office he held by successive appointments until the court was superceded in 1789 by the Federal Courts.-Penn. Col. Records, XII., 49, 307, 567-7384; XV., 191; XVI., 99. Mr. Hopkinson's connection with New Jersey, slight as it had been, appears to have ceased from 1779, and he became identified exclusively with his native State. Shortly after the accession of Washington to the Presidency he appointed Mr. Hopkinson Judge of the United States District Court for Pennsylvania; he continued in that office until his death, May 9, 1791. Mr. Hopkinson was more famous as a clever, ingenious and witty political writer, essayist and poet, than as a statesman or judge. He was something of an artist and musician as well. One of the fullest sketches of his life and varied accomplishments is to be found in the History of Burlington and Mercer counties, 468-9. Duychinck's Cyclopedia of American Literature (I., 209) dwells more upon the literary side of his character.-W. N.]

with the Province, and even reaching beyond its limits.-Ib., 78; Provincial Courts of New Jersey, by Richard S. Field, 192; Life of Com. Robert F. Stockton, 9-10; Sketch of Life of Richard Stockton, by Wm. A. Whitehead, N. J. Hist. Soc. Proc., January. 1877; Rules of Supreme Court, N. J., 1885, Appendix (by G. D. W. Vroom) 54, 59.

In 1764, writing to his former law-student, Joseph Reed, he suggested as the readiest solution of the troubles between England and her Colonies, the election of some bright Americans to Parliament (Reed's Reed, I., 30), but a year later, during the controversy over the Stamp Act, he took the positive ground that Parliament had no authority over the American Colonists: so rapidly did public sentiment develop in those times.-N. J. Hist. Proc, 149. In 1766 he went to England, where he spent a year, mingling in the highest circles, and had much to do with persuading Dr. Witherspoon to accept the Presidency of Princeton College.-Hist. of College of N. J., by John MacLean, I., 297, 385; Provincial Courts, 192-6. Appointed to the Council in 1768 (see ante, page 59), on the recommendation of Governor

Pleas whatsoever Civil, Criminal and mixed, according to the Laws Statutes & Customs of Great Britain and the Laws and usages of our said Province not being repugnant thereunto and Execution of all Judgments of the said Court to award and make such Rules and Orders for the Benefit of the said Province as may be agreeable to the Rules and Orders of our Court of Kings Bench Common Pleas and Exchequer

Franklin, he stood so well with the Governor that six years later he was commissioned one of the Justices of the Supreme Court, as above, to succeed Judge Reed, removed to the West Indies. The affairs of his country were evidently on his heart and mind during these troublesome times, and under date of December 12, 1774, he drafted and sent to Lord Dartmouth "An Expedient for the Settlement of the American Disputes, humbly submitted to the consideration of his Majesty's Ministers," in which he suggested substantially a plan of self-government for America, independent of Parliament, without renouncing allegiance to the Crown.-Historical Magazine, November, 1868, p. 228. He retained his position in the Council until the end of royal government in New Jersey, and attended the meetings of that body as late as November 24, 1775.-Minutes Provincial Congress, etc,, 323. He was elected to the Continental Congress, June 22, 1776.-Ib., 473. Six days later the New Jersey delegates took their seats in Congress, in time to hear the closing debate on the Declaration of Independence, and Mr. Stockton is said to have made a "short but energetic speech" in favor of the measure.-Works of John Adams, III., 53-8; Provincial Courts, 197. While he was still attending to his duties in Congress a large number of his friends and admirers at home favored him for Governor, and on the first ballot in the Legislature (August 30, 1776) the votes were equally divided between him and William Livingston, who was chosen the next day.-Minutes Joint Meeting, passim; Sedgwick's Livingston, 205-6. Gordon alleges this whimsical reason for the preference: "Mr. Stockton having just at the moment (of the ballot), refused to furnish his team of horses for the service of the public, and the Legislature coming to the knowledge of it, the choice of Mr. Livingston took place immediately."-History of Revolution, ed. 1789, II., 103. The true reason doubtless was that it was thought best to have a man of some military instincts in the Governor's chair, and Livingston was then in camp. Be that as it may, the Legislature the same day (August 31), elected Mr. Stockton to be the first Chief-Justice of the new State, but he declined, preferring just then the more active career of a Congressman. -Minutes Joint Meeting, passim; Sedgwick's Livingston, 206. On September 25, 1776, Congress appointed him on a committee of two to visit the Northern army, and he set out immediately. He was greatly affected at the unfortunate condition of the patriot soldiers. Writing from Saratogo, October 28, to Abraham Clark, he says the New Jersey soldiers were "marching with cheerfulness, but great part of the men barefooted and barelegged. My heart melts with compassion for my brave countrymen who are thus venturing their lives in the public service, and yet are so distressed. There is not a single shoe or stocking to be had in this part of the world, or I would ride a hundred miles through the woods and purchase them with my own money."-American Archives, 5th series, II., 561, 1256, 1274. He left Albany on his homeward journey, November 21. Two days later he was appointed by Congress on a committee "with full power to devise and execute measures for effectually re-enforcing Gen. Washington, and obstructing the progress of Gen. Howe's army.”—Ib., III., 784, 828. During the ensuing week he was appointed on other committees, but it is doubtful if he ever resumed his seat in Congress after

in Great Britain to have and to hold the said Office or Place of one of our Justices of our Supreme Court of our Province of New Jersey with all & singular the Rights priviledges Profits Salaries Fees and Perquisites to the said Place belonging unto you the said Richard Stockton for and during our Will and Pleasure In Testimony whereof We have Caused the Great Seal of our said Province of New Jersey to be hereunto affixed Witness our Trusty and welbeloved William Franklin Esq. Captain General Governor and Commander in Chief in and over the Province of New Jersey and Territories thereon depending in America Chancellor and Vice Admiral in the same &c. at Burlington the 28th of February 1774.

PETTIT.

setting out from Albany, for by the time he could reach Princeton the British were marching triumphantly through New Jersey, and he was compelled to seek shelter for his family with a friend, John Covenhoven, in Monmouth county. There he was surprised and captured by a party of Tories, who shamefully treated him, and dragged him by night to Perth Amboy, where he was temporarily confined in the jail in bitterly cold weather, until he could be removed safely to New York, where he was locked up in a foul prison, and treated with such indignity that Congress was impelled (January 3, 1777) to formally remonstrate against his treatment, and took measures to secure his exchange. When released his health was hopelessly shattered, and he was an invalid until relieved by death, February 28, 1781, at Princeton. The date of his arrest is generally given as November 30, 1776, being the very day on which the New Jersey Legislature re-elected him to Congress for another year. He resigned February 10, 1777.-Hageman, ut supra, I., 83; Provincial Courts, 198-9; Lossing's Field-book of the Revolution, II., 242; Gordon's American Revolution, ed., 1780, II., 175; Raum's Hist. N. J., I., 423; Whitehead, ut supra; Whitehead's Perth Amboy, 254; Gordon's N. J., 324. Mr. Stockton married Annis Boudinot, daughter of Elias Boudinot, of Elizabethtown, and sister of Elias Boudinot, LL.D., President of Congress, 1782-3, and first President of the American Bible Society. Dr. Boudinot marrie 1 (1762) Mr. Stockton's sister.-Hatfield's Elizatown, 588-9; Helen Boudinot Stryker, in Penn. Hist. Mag., III., 191. Mrs. Stockton frequently wrote verses for the periodicals of the day, and one of her compositions. addressed to Washington, on the surrender of Cornwallis, elicited from him a most gallant and courtly acknowledgement.-Mag. American Hist., V., 118; VIH., 66, Mr. Stocklon left children: Richard (the "Duke "), Lucius Horatio, Julia (married Dr. Benjamin Rush), Susan (married Alexander Cuthbert), Mary (married the Rev. Dr. Andrew Hunter), Abby (married Robert Field).-Provincial Courts, 199. The fullest and most accurate sketch of the family, and especially of the Signer, is given by John F. Hageman, Esq., in his admirable and deeply interesting history of Princeton and its Institutions," I., 86-88.- [W. N.]

Circular Letter from Mr. Pownall to the Governors in America, inclosing Copies of the King's Message to Parliament, relative to the disturbances in the Colonies, together with resolutions of that body.

[From P. R. O. America and West Indies, Vol. 278.]

WHITEHALL March 10th 1774.

His Majesty having thought fit to lay before the Two Houses of Parliament the Advices which have been received relative to the late Disturbances in some of the Colonies, Inclosed I send you by the Earl of Dartmouth's directions Copies of His Majesty's Message accompanying those Papers, and of the Resolutions of Both Houses which followed thereuponI am &ca

J POWNALL

Copy of His Majesty's Message, To Both Houses of Parliament Delivered 7th March 1774

GEORGE R

His Majesty, upon Information of the unwarrantable Practices which have been lately concerted and carried on in North America, and particularly of the violent and outrageous Proceedings at the Town and port of Boston, in the Province of Massachusetts Bay, with a View to obstructing the Commerce of this Kingdom, and upon Grounds and Pretences immediately subversive of the Constitution thereof, has thought fit to lay the whole Matter before His Two Houses of Parliament; fully confiding as well in their Zeal for the Maintenance of His Majesty's Authority, as in their Attachment to the common Interest and Welfare of all His Dominions, that they will not only