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man in part of what was due to the forces at Albany without distinction of what Colony they belonged to, & to continue to pay 20 p! man monthly, till such time as His Majesty's pleasure should be signified to me

I informed him likewise that it was not thought advisable to pay the Men their whole pay at this time supposeing that money sufficient could be procured for that purpose, which however it is thought could not be obtained, because there would then be no tie to prevent their desertion

The President & Council of the Jerseys approved of these reasons, & wrote a letter to M Scuyler, of which a copy was inclosed to me, wherein they required him to conform himself to such directions as he should receive from me. Notwithstanding this he has paid the forces under his command, the whole of their pay, & the officers of the other forces there inform me that Mr Scuyler's paying the New Jersey troops in this manner is the principal reason why the greatest number of the other forces & chiefly those levied in this Province remain discontented & mutinous, & refuse to receive less than their whole pay.

Your Grace must likewise be sensible how contrary it is to the discipline of the army for any Officer which is in my government (& undoubtedly while there under my command) to act in direct contradiction to my directions, especially in a matter of such general concern, & likewise to the orders which he had received from his own government.

This must consequently introduce confusion, & I am informed speeches were given out by his men that they would receive no pay of the Governour of New York, because if they did then they would be under his command, which they were resolved not to be.

All these things, with many others of a different kind, shew what danger this Province may be in from

the artifices of a prevailing faction at this time, & how prejudicial it may be to his Majesty's service every where in North America'

It must weaken exceedingly my administration if this money be paid, without M Scuylers making application to me, with an acknowledgment of his fault at least, & desiring my intercession in order to obtain it I must beg your Graces forgiveness of all faults on account of the hurry I am in.

I am with the greatest respect My Lord
Your Graces most obedient and
most humble servant

To his Grace the Duke of Newcastle.

G CLINTON

Report of the Lords of Trade-on the the Petition of Jonathan Belcher referred to them, as above on the 19th of May.

[From P. R. O. B. T., New Jersey, No. 15, Ent: Book D, p. 162.]

To the Right Honble the Lords of the Committee of His Majesty's most Honble Privy Council.

My Lords,

Pursuant to your Lordships Order of the 19th instant, We have taken into Our Consideration, the Memorial of Jonathan Belcher Esq' His Majesty's Governor of the Province of New Jersey, "humbly praying, for the

In a postscript to a letter to the Duke of Newcastle, dated 30th May, Governor Clinton wrote: "I have this instant received an express from Albany y't all the new levyes are all up in mutiny for their pay tho' they have just rec'd the 40s a man. This prejudice the men have imbib'd from ye president of ye Jersyes troops being paid is a difficulty not to be surmounted but by acting in ye same manner. This Col. Peter Schuyler did on his own account, contrary to my orders & ye orders he received from ye President & Council of his own government, and hope may suffer for it " N. Y. Col. Docts., Vol. VI, p. 351, and again referred to it under date of July 23d, Vol. VI, p. 357.

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Reasons therein contain'd, that his Majesty will 'grant him his Royal Leave to be absent for two or three Months, at such time or times as may necessarily require his going to New England, taking "such time and Seasons as may be the least Prejudice "to His Majesty's Service, and in Regard the Memo“rialist has no Appointment from the Crown. and the "Salary of the Province is very slender, the Memorial"ist further prays that His Majty would be graciously "pleased to dispense with that part of the 30th Article "of His Instructions, which gives one full Moiety of the Salary to the Lieutenant Governor or Com"mander in chief, during the Absence of the Memo"rialist from his Government;"

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Whereupon We take Leave to Acquaint your Lordships,

That We are of Opinion that such a general Leave of Absence as is desired by the said Memorial, may be attended with inconveniences to the Province, and that it will be more reasonable for the Gov to apply to His Majesty for a particular Licence, whenever his private Affairs May necessarily require his going to New England: We must likewise further acquaint your Lordships,

That in all and every of His Majesty's Colonies and Plantations in America, Provision is made by His Majty Instructions to the respective Governors thereof, that when it shall happen, in any Case whatever that they shall be absent from their Governments, one full Moiety of the Salary and of all Perquisites and Emoluments whatever, which would otherwise become due unto them, shall, during the time of their Absence, be paid unto such Governor, Lieutenant Governor, Commander in Chief, or President of the Council, who shall be resident upon the Place for the time being, in order for the Support of the dignity of Government, which said Instruction appears to Us, to be wisely cal

culated for the better carrying on of His Majtys Service, and to be a just and reasonable Provision, for as much as without such Allowance, the Person upon whom the Gov! would devolve, in case of the Absence of the Governor. would be laid under great Difficulties and Hardships, and Administration become burthensome and expensive; We cannot therefore recommend to your Lordships to advise His Maj' to comply with the Prayer of the S Memorial.

Dupplin

R Plumer

We are &c.

Monson

B. L. Gower

Whitehall

May 28. 1747

Fran. Fane

List of Rioters in Somerset and Middlesex Counties,

1747.

[From Papers of James Alexander in N. J. Hist. Society Library, Vol. I.]

Persons Indicted for a Riot in Somersett County Quarter Sessions and Removed into the Sup! Court May term 1747

Edmond Bainbridge John Anderson (Clerk)
Samuel Price
John Bunbridge Jun!

List of Rioters in Middlesex County Returned upon a Record of View filed in the Supream

Court in Aug Term 1747:

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Judge Nevill's Charge to the Grand Jury of Middlesex County at Session of June, 1747.

[From Original Draft among Papers of James Alexander in Rutherfurd Collection, Vol. I, No. 24]

Gentlemen of the Grand Jury,

The Law being always desirous diligently to find out the Truth in all Causes called in Question in the Courts of Judicature, to the End Impartial Judgment may be given, and strict Justice executed accordingly, hath in all Ages esteemed it to be the best Method to search out this Truth by the Oaths of Honest, Lawful, and indifferent Persons; and certainly That Man, who doth profess God to be his Creator by whom alone he hopes for Salvation, when he doth solemnly swear in the Presence of that God and his People, that he will present the Truth and nothing but the Truth according to his Knowledge, in the Matter in Question as God Shall help him, that is, as he expects the Blessing of God in this Life, and Eternal Happiness in the Life to come, I say, certainly that Man will in all Repects be void of all Partiality and private Affection; For an Oath is fitly termed a Holy Band or Sacred Tie, a Godly Vow, and the Foundation and Ground of Truth: A Ceremony instituted by God himself, wherein he is a Party, and will see it verify'd or Sharply punished. Therefore as the Law doth reverently respect the Oaths of Men, taketh her Intelligence

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