Commission to Robert H. Morris, Lewis Johnston

and Elisha Parker-to run the line between East and West Jersey.

[From Copy among Papers of Ferd. John Paris in New Jersey Historical Society Library, Bundle 6, No. 20.1

GEORGE The Second by the grace of God of Great Britain France & Ireland King Defender of The Faith to all whom These presents shall come Greeting Whereas by an Act of The Governor Council and Assembly of New Jersey Passed in the fifth Year of the Reign of Our late Royal Father King George The First Entitled an Act for Running and Assertaining The Line of Partition or Division between The Eastern and Western Divisions of The Province of New Jersey and for preventing disputes for The future concerning The same and for Securing to the General Proprietors of The Soil of each of The Divisions and Persons Claiming under Them their Several and Respective Possessions Rights and Just Claims John Hamilton, David Lyell, George Willocks, and John Harrison Esq's were by the Said Act appointed to be Commissioners or Managers for the Eastern Divisions of New Jersey with The powers Mentioned in The said Act And Whereas by the said act it is Provided that in case any of the Commissioners or managers aforesaid Should Die Then and in That Case The Governor for The time being was Thereby Impowered to appoint one in The Place of The Person So dying who by the said Act is declared to be vested with the same powers and subjected to the same Directions as in The said Act is sett down to the Managers Therein Named.

And Whereas The said David Lyell, George Willocks and John Harrisou are since Dead Now KNOW YE That John Hamilton Esq! President of our Council and Com

mander in Cheif of our Province of New Jersey who by our Commission and Instructions to his Excellency Lewis Morris Esq! late Governor of our Province of New Jersey for the time being hath pursuant to the said Act appointed Robert Hunter Morris Esq! Lewis Johnston and Elisha Parker Gen to be Commissioners and Managers for the Eastern Division of New Jersey in The place of The said David Lyell, George Willocks and John Harrrison to use and Exercise all the powers Vested in the said David Lyell, George Willocks and John Harrison by the said Act and the said Robert Hunter Morris Lewis Johnston and Elisha Parker hereby accordingly appointed, In Testimony whereof we have caused These our letters to be made Patent and The Great Seal of our Province of New Jersey to be hereunto Affixed Witness our trusty and well beloved John Hamilton Esq President of our Councill and Commander in Cheif of our Province of New Jersey by and with The advice of The Council The Eleventh day of May in the Twentieth Year of our ReignRead By his honours Command Recorded and Examined by Thomas Bartow Sect!

Letter from the East Jersey Proprietors to a Committee of the Subscribers to a Proposal sent to the Governor.

[From Papers of Ferd. J. Paris in the New Jersey Historical Society Library, Vo P. No. 8, and from P. R. O. B. T. New Jersey Vol 5.

Gen!

Perthamboy June 30th 1746.

The Council of Proprietors of the Eastern Division of New Jersey, having this day had a Special meeting to Consider Certain proposals Signed by you as a Committee for the Subscribers to a Petition of many persons said to be Chiefly Inhabiting the Northern part

of this Province which on the 28th of April Last were by a message from the General assembly Sent up to the Late Governour of this Province, have Ordered me to Acquaint you concerning the said Proposals That as the Lands at Horseneck were Set out, Surveyed Patented & Legally Divided to particular proprietors as part of their Share above forty years agoe, They the Council of Proprietors have no Concern in any particular Controversie concerning those Lands unless that Controversie do Equally affect all the other Lands of the General Proprietors, But as the pretence by you now Started that a Title by an Indian Deed is good against the Title of the General Proprietors which was first vested in Sir George Carteret the first Proprietor of East New Jersey; The Council of Proprietors conceive that this pretence equally affects the title of the General Proprietors assignees of S! George Carteret to the other Lands of East New Jersey under which all the Freeholders thereof claim & by virtue of which East New Jersey has been possest from its first Setlement now upwards of Eighty years, untill you & those you claim to represent have Lately Started the said pretence And therefore the Council of Propritors think as this pretence Affects all their titles that it is incumbent on them to be at the charge of the Deffence against it untill it has received a Legal Determination.

The Council of Proprietors, by their Publication of March 25th Last (which was first published by itself & afterwards in all the three New York News Papers in April last) thought they had given you and all reasonable men full satisfaction that the said pretence is vain Idle and groundless, But by the said Petitions & your said Proposals it seems it has not proved Satisfactory to you, and that you Still pretend your aim is & was to have a Legal determination of your claim by the head & Fountain of Justice, if this was really So

it Seemeth very unaccountable that you Slighted So many opportunities as are Setforth in the said Publication of bringing your claim to that Test, The Council of Proprietors being well assured that no Less than fifteen Actions of Ejectment were brought at Sundry times by Mess Alexander and Morris agt the Tenants of the Lands at Horseneck, one of which was against ffrancis Speire which you name, and every or any of which Actions you might have Defended, and brought them or any of them by Appeal before the King & Council if you So had thought proper, but you Embraced none of those 15 opportunities on the contrary you sufferred Judgment to go in every of them by default, you neglected the Advice of M! Ogden, to file your bill in Equity for Stay of proceedings, on those Judgments, you neglected applying directly to his Majesty as you said your dessign was, & you slighted M: Ogdens Offer of Lending you Sufficient money for that purpose, and you neglected all other the fair offers, made to you as by the said Publication at Large appears However Seeing by your said Proposals you now offer to accept of M: Ogdens last proposition of a Tryal at Law in this Province in order to carry the matters in dispute to England by an Appeal & & Declare that you shall gladly Embrace the opportunity to Join Issue, and you desire the Action may be commenced and brought against ffrancis Speire of horseneck, and tho M Ogden has no concern or interest in that Affair now & many other reasons are obvious why offers then made are by your Conduct since & that of those you Claim to represent become no way now Obligatory yet I am ordered by the Council of Proprietors to acquaint you That as the Lands for which you propose an Ejectment to be brought are part of what have been Surveyed & Patented to particular proprietors above forty years agoe as mentioned before, and the Declaration upon which Judgment is already given for

the Lands in the possession of Francis Spier was Said to be on the Demise of the Assignees or Grantees of the Said particular proprietors to whom the said Lands were so Surveyed and pattented, The Council of Proprietors think it would not be so proper to direct the bringing of any Ejectment on the Demise of the said particular proprietors or their assigns But in order that you may try the strength of your Claim by Indian purchase against the Title of the General Proprietors they propose if you approve thereof to bring another Action of Ejectment on the Title of the General Proprietors for the Lands in the possession of ffrancis Speire and as this is no way dessigned as a Compulsary Suit but as one requested by you, to be brought for the purpose before they do not send the Declaration to be served on ffrancis Speire but to you who made the request that you may Enter ffrancis Speire or any other person you please Defendant and you have herewith a Declaration for that purpose which is made on the demise of Sir George Carteret the first Propriet! of East New Jersey, & which also save the great Length & Expence of Setting forth in the Special Verdict & other proceedings necessary many mean Conveyances under him to the present Proprietors, of which you may See some hundreds pointed to on record by the bill filed with M Bartow Shown to M: Low & M Condict as by the said Publication is mentioned.

I am also Ordered to Acquaint you that on the first day of the next Supream Court at Perth amboy which is the Second tuesday of August next Elisha Parker Attorney for the Proprietors in the said Action will be ready to Enter into & Sign the General Rule for joining Issue in the said Action upon your Attorneys making a Defendant, & also Entering into & Signing the General Rule.

I am also Ordered to Acquaint you that their said Attorney will be ready to give Security by persons of