Appointed in pursuance of both the Said Acts: they met, and Unanimously Settled the Latitude of 41°; 40' upon the Northernmost Branch of Delaware, which is the North end of the Partition Line between the Said provinces: and Executed Indentures Tripartite under their hands and Seals for Commemorating the Said North partition point: which North partition point, is also the partition point between the Eastern and Western Divisions of New Jersey; and So the Said Western Division had no further interest nor concern in or about the Said line; As by one part of the Said Indentures here Ready to be produced to your Excellency may appeare.

That afterwards in the Said year 1719 by order of the Said Commissioners a Line was run and Mark'd from the Said North partition point to Hudson's River, towards the place where they Esteemed the Latitude of 41° would be found upon it, which Latitude on the East Side of the Said River is the South End of the partition Line between the Said Provinces, and Sundry Obsevations were taken upon Hudson's River for discovering the Said Latitude of 41° there, but the Commissioners Concerned did not then nor ever Since meet to agree thereon.

That The Commissioners and Proprietors of the Eastern Division of New Jersey afterwards used many and frequent Amicable endeavours with the Commissioners for New York, and with the New York proprietors of the Lands adjoining to the Said partition Line for Ascertaining the South partition point aforesaid upon Hudson's River and for Runing the Line from thence to the North partition point aforesaid, but all those Endeavours proved ineffectual.

That in September 1741 Committees, appointed by the Two Councils of proprietors of the Eastern and Western Division of New Jersey, met and laid before your Excellency a Representation of the Greivances

and hardships that the people and proprietors of the province of New Jersey laboured under for want of the Said Line of Partition being Settled, and praying your Excellency's interest and Assistance for procuring the Said Line to be Settled, and for putting a Stop to the Grievances Suffered for want thereof.

That in July 1742, Your Memorialists laid another Representation before your Excellency to the purpose of the former, praying your Excellency to take Such Effectuall measures as you Should think proper that the Settlement of the Said Line might be brought to a Speedy Conclusion.

That we are fully Satisfied that your Excellency used your Best Endeavours with the honorable George Clark Esq! Lieutenant Governor and late Commander in Chief of the Province of New York to have our Requests aforesaid put in Execution, and are Sorry that those Endeavours had not the Success that we had reason to hope for from them.

That in October 1743 the Inhabitants of this Province living near the Said partition Line by Abraham Vanaken and Jurian Westphale petitioned your Excellency and the General Assembly of this Province for Relief against the Grievances by them Suffered for want of the Said Line of Partition being run; And we are fully Satisfied that your Excellency in that Same Month of October Sent Coppies of the Two Memorials aforesaid and of the Said petition to his Excellency George Clinton Esq' Captain General & Governor in chief of the province of New York, and used your Endeavours with him for the Settlement of the Said Partition Line; but Notwithstanding the Several Endeavours aforesaid, and other private Endeavours by Some of us with the New York Proprietors of the Lands adjoining to the Said Line, we are under great Concern to Say that we have little hopes left of obtaining the Settlement of the Said Line, otherways

than by an Act of the General Assembly of this province to be approved of by his Majesty for runing the Same Line exparte.

Your memorialists therefore humbly pray your Excellency would be pleased to Recommend it to the General Assembly of this Province, which is to meet at Burlington in October next, to pass an Act for Runing the Said Line exparte: and if the Same Should be so pass'd, that your Excellency would be pleased to to Recommend it for his Majesties Royall Aprobation: and that in the mean time your Excellency would be pleased to order Such notice of this intention to be Given to the Governor of New York as you shall think proper.

And your memorialists Shall ever pray &c.

By order of the Council of Proprietors of East Jersey Perth Amboy Sep! 7th 1744 JOHN HAMILTON.

Representation of the Council of New Jersey to Governor Morris-containing reasons for rejecting several acts, &c.

[From P. R. O. B. T. New Jersey, Vol. V, F 69.]

To His Excellency Lewis Morris, Esq; Captain General, and Governor in Chief, in and over His Majesty's Province of New-Jersey, and Territories thereon depending in America, and Vice-Admiral in the same, &c.

The humble Representation of His Majesty's Council in General Assembly met.

Sir

Having considered the Votes and Resolutions of the House of Assembly of the 22d of November last, which

your Excellency was pleased so early to communicate to us; we thought ourselves obliged, by the Duty of our Station, to enter into some Resolves, thereby to assert the Royal Prerogative, which we conceived in some Measure attacked; and to maintain the Rights and Privileges of His Majesty's Council, which we looked upon, by those Votes, to be not only questioned, but greatly infringed: And as the Conduct and Characters of the Members of our House are by them so openly (tho' unjustly) aspersed, we think it incumbent on us to clear up both to His Majesty, to whom alone we look upon ourselves to be accountable, by assigning the Reasons of our Conduct, so loudly complained of this Sessions; and we doubt not His Majesty, and His Ministers, will very readily discover the Injustice and Unreasonableness of the Complaints and Aspersions contained in those extraordinary Votes, which were founded on the Council's having rejected some Bills sent up to them by the House of Assembly this Sessions, which they are pleased to say are essentially necessary for the Benefit and Well-being of the Inhabitants of this Colony; but as the Council differed in Opinion with them concerning the Nature and Tendency of most of those Bills, we come now to declare what the genuine Reasons were for rejecting of them; and, for Brevity's sake, shall transiently point out some Instances, wherein we conceive the Gentlemen of the Assembly have unhappily mistaken, at this time, the true Interest of His Majesty, the Security and Defence of this His Colony, and the real Well-being of His People, whom they now represent.

The first Bill rejected by the Council, was a Bill intituled, An Act to oblige the several Sheriffs of this Colony to give Security, &c. This Bill, in the year 1738 (when the first Sessions of General Assembly was held under your Excellency's Administration) took its Rise in the Council, was drawn by one of their Mem

bers, and cost the Publick no Treasure, nor the Assembly any Pains; nor did the Drawing of it occasion any Delay in the Business then before the Council, and was sent down to the House of Assembly for their Concurrence. The Assembly then did, and ever since have added a Clause, whereby no Sheriff was to continue in that Office longer than three years, and was not to be admitted into that Office again in less than three years after his Removal. To this Amendment of the Bill the Council could not agree, 1. Because then every good Sheriff in the Province must be removed from an Office, which, when well filled, must be of great Benefit and Security to the People. 2. Because, if that must be the Situation of Sheriffs, no Man of Substance or Employment, by which he could tolerably maintain himself or Family, would accept of the Office; and to trust necessitous Men would be imprudent, since their Poverty might tempt them to do many Things that might be oppressive and dangerous to the People. 3. Because, by that Means, scarce one Sheriff in ten could be supposed to be acquainted with either his County, or the Duties of his Station.

Had the Council amended the Bill, by taking away that Clause, they had abundant Reason to believe, that they might as well reject the Bill itself, since many of the Members of the present Assembly, when Members of former Assemblies, have more than once declared, as well at Conferences, as at other Times, that they never would pass the Bill without that Clause; what secret Reasons they may have for such a Resolution, are best known to themselves, but they never yet have offered any that could convince the Council of the Necessity or Conveniency of such a Clause, nor any but what the Council conceive they have sufficiently answered and confuted; and, what is more, have proposed other Methods more expedient, and more effectual for the Ends proposed by it; but all to no