of the Council has little weight with the People The Gov removeing the Cheif Justice without the Consent of Council makes People think that he could not find three that would Consent to it.' The People likewise think that they have lost the Security of his Majesty's instructions to his Gov! in which they formerly trusted it being now Openly Advanced and is a favourite Opinion that the Instructions are only a private Rule to the Gov! which no person is to inquire into & that all his Acts within the Gen! Powers of his Commission are good however Contrary they be to his Instructions The Gov refusing to grant any Lands without a third being Secured to himself Adds to the Complaints and is of Ill Consequence to the Settling of the Country but the Appointing Indigent P'sons Sheriffs Strangers to the People more Especially increases the fears of Arbitrary Designs Many other things have Concurred to Exasperate the Peoples minds more than you can think could possibly happen in a first Years Admin but as they are of less General Concern I pass them over They have had this Extreme bad Effect that they have So Rivetted an Opinion in the peoples minds that the Gov' is only come for Plunder that it will be very Difficult for him to remove it & the Succeeding Gov!" will find the Effects of it. The Assembly met this fall but as soon as the Gov! found

1 Under the same date in a letter to Alderman Perry Mr. Alexander wrote "This he did without the Advice or Consent of his Majesty's Council tho by the King's instructions he is directed not to remove or Appoint any Judge without their Advice or Consent. This makes People think he could not find three in the Council that would Consent for as this Governour has introduced a new & dangerous Practice of Calling only Such of the Council that he thinks fit and as five make a Corum if he could have got but 3 to have Consented he could have Claim'd the Advice & Consent of the Council However for what reasons I know not he thought proper to declare the appointment in Council & deliv'd the Judges their Commissions there I happen'd to be present & I declar'd my Dissent the rest kept Silent none were present but such as had Offices in the Governm't * * * I hold some Offices of more trust than profit but which are Usefull to my family and I cannot help fearing that there may be private Attempts to remove me in England I design to write to Mr. Paris to Guard against them & I hope he may have timely Notice❞— Original draft in Mr. Alexander's handwriting in Rutherfurd Collection, p. 169.-ED.

their Tempers they were Adjourned So that he has lost an Assembly likewise which at his first comeing was the most Obsequious that ever a Gov! met. The People of this Province have deservedly gained the Character of being as easily Govern'd as any in the Kings Dominions They are generally Industrious the greatest Number of them Dutch they Seldom trouble their heads with Politicks but Such people generally are the most Violent when they Apprehend their libertys & propertys to be in danger & indeed we were once afraid of their breaking out into open Violence. I am as little Concerned in the present Differences as it is possible for me in my Station to be I found that I was not Capable of doing good & retired to the Country where I continue I hear what Passes & I cannot help forming a Judgment within my Self and from this I think it my Duty to inform you what passes but I write to you only, in your private Capacity Presumeing to take the liberty of a friend and that you may take no further Notice of what I write than what in Your Prudence You Shall think proper You see what Confidence I put in you & I wish you may think that I deserve it If in any thing I can be usefull to you in America it will give me the greatest Pleasure to have your Commands, for I earnestly Wish to be Esteemed by you as

S Your most humble

& Obedient Serv

JA: ALEXANDER--

From Governor Cosby to the Lords of Trade-transmitting certain Acts of the New Jersey Assembly.

[From P. R. O. B. T., New Jersey, Vol. IV, F, 1.]

Letter from Col Cosby, to the Board, transmitting Six Acts pass'd at New Jersey in 1733,

& recommending three Persons to supply Vacancies in the Council of that Province. Rec Aug. 13th 1734

My Lords

New York June the 17th 1734

I do my self the honour of Sending Your Lordships by Cap! Smith Commander of the Beaver The six following acts Passed in last Assembly of the Province of New Jersey, I assure Your Lordships this is the first oppertunity I had of transmitting them since they were sent to me engrossed. [Bills numbers 1 to 5 omitted as of no moment.]

No 6 An Act for makeing Forty Thousand Pounds in bills of Creditt

I must beg leave to remark to your Lordships in respect to the act last mentioned, that tho' there were great variety of opinions amongst the Members of the Assembly as to the sum and manner of Striking new bills of Creditt, they unanimously agreed that there was a necessity for the doing of it, in some shape or other, I represented to them in the strongest manner I could how lately they had renewed their Currency, and the difficulty I had in procuring it for them, however I must say they do labour under great hardships for want of Paper money, Upon the whole it was strongly Pressed on all sides that I could not avoid Passing it & as on the one hand I shall always Think it right to do all in my Power for the advancement of their trade and to make the Province Easy, I shall on the other Pay the utmost difference to Your Lordships Judgment & consideration how Farr this particular circumstance will contribute to it; My Lords as there is three Vacancys now in His Majesties Council of the Jersey's I beg leave to recommend to your Lordship's that you would be so good to fill up & give Commis

sion to the following Gentlemen namely, Thomas Farmer, John Rodman, and Richard Smith who are very much Esteemed in this Country from their worth honest Character as well as great Estate & every way qualified to serve his Majesty in that Station'

I am My Lords with the greatest Respect immaginable Your Lordshipps most obedient and

Faithfull humble Servant

W COSBY

Reasons of Governor William Cosby for removing Chief Justice Lewis Morris.

[From N. Y. Col. Docts., Vol. VI, p. 8.]

Reasons given by Colonel William Cosby for removing Mr Lewis Morris from the Place of Chief Justice of the Supreme Court of the Province of New York 19. June 1734.

Before I mention my reasons for removing him, I beg leave to acquaint you with the causes that induced me soon after my arrival here to inquire into his character; one is, that when I went to New Jersey, to take the oaths as by his Majesties Instructions I am directed, and receive from M' Morris who was president of the Council the publick seals, he made me wait some hours walking before the door of the Council room before he would deliver the Seals to me, being all that while busy in having a decree drawn up, which he had given exparte in a cause in the Court of Chancery, tho' he himself had never taken the oath of a

1 Under date of August 22d the Lords of Trade, acknowledging the receipt of this letter, say: "As you have not informed us who those Councillors are, that make the said Vacancys, we cannot propose them to be filled up, till we hear again from you."-ED.

Chancellor. Another is, that the day I arrived at New York, young Lewis Morris son to the late Chief Justice did before it was known that I was so near at hand, present a petition to the president and Council for an ordinance to adjourn the Circuit Court of Albany for some short term because his Father being then President of the Council of Jersey waited to deliver up the seals to me, who was then expected; the petition was granted, the ordinance passed as he desired and yet M Morris did not go and hold that Circuit Court which was loudly complained of and soon reached my ears.

My reasons for removal of M Lewis Morris from the place of Chief Justice were:

On account of his notorious partiality in the administration of Justice of which are the following instances: Some years since the dissenters in the parish of Jamaica in this Province brought an ejectment against the Church of Engl Minister, for the Church he preached in and was possessed of, when the tryall came on, the defendant's Council demurred to the plaintifs evidence. Mr Morris the Chief Justice desired them to wave the demurrer, telling them, that if the Jury found for the plaintif he would grant the Defendants a new Tryall. The Defend' Council were very unwilling to do it, but fearing the worst if they refused, they did consent and the Jury found for the plaintif. The Defend' Council moved the next term before Judgment for a new tryall and urged his promise, he denyed at first that he gave any, but when they offered to make oath of it, he said, a rash promise ought not to be kept, and never would grant them a new Tryall; whereby they lost their Church and the Dissenters have ever since had it. Another instance of his partiality is this: In 1712, the Town of Westchester conveyed to the late Chief Justice and George Clarke Esq half of their undivided lands. Jacobus