HIS Majesty having been called upon, by repeated Provocations, to declare War against Spain, is determined by GOD's Assistance, in so just a Cause, to vindicate the Honour of his Imperial Crown, assert the undoubted Rights of his Subjects to Commerce and Navigation, and by all possible Means to attack, annoy, and distress a Nation, that has treated his People with so much Insolence and Barbarity.

HE has therefore given Orders, for the Equipping and Setting forth of an Expedition against the Territories of the Catholick King in the West-Indies; which will consist of a large Squadron of his Majesty's Ships of War, and a considerable Body of his Majesty's Land Forces, with a Train of Artillery, Store-ships and Transports suitable.

HIS Majesty hath also determined to raise a Body of Troops in his Colonies on the Continent of North-America, to joyn those to be sent from England, at a particular Rendezvous appointed for that Purpose, and to act in Conjunction with them; and altho' he hath not thought fit to fix any particular Quota for his Province of New-Jersey, because he would not set Bounds to their Zeal for his Service; yet he doth not in the least doubt, but they will exert themselves with a becoming Earnest­ness on this Occasion, as far as the Circumstances of the Country will allow; His Majesty being assured they cannot render a more acceptable Service to himself, or to their Mother Country, or do any Thing more essential to their own Interest.

HIS Majesty therefore trusts and expects, that his loyal Assembly of New-Jersey will provide Victuals, Transports, and all other Necessaries for the Troops to be raised in this Province, except their Cloaths, Tents, Arms, Ammunition and Pay, till their Arrival at the General Rendez­vous in the West-Indies, from which Time the said Transports shall enter into his Majesty's Pay.

THIS I am commanded to let you know, and in His Majesty's Name to recommend to you the making of such Provision, that the Expedition be not retarded for Want thererof.

THIS I now do, and doubt not you will in this Case act as becomes a Loyal House of Representatives, for His Majesty's Service, and your own immortal Honour.

WHEN I recommended to you, in His Majesty's Name and by His particular Order, the making Provision for the Transportation of the Troops His Majesty had ordered to be rais'd in this Province, and the finding them Victuals and other Necessaries (except what His Ma­jesty had excepted) until their Arrival at the Place of Rendezvous in the West-Indies, I did not in the least doubt of your Readiness and Willingness to do every Thing in your Power to comply with His Majesty's Desires, and to answer His Expectations in the best and most effectual Manner you are capable of doing; and I was much rejoiced, when I saw with what Heartiness you engag'd in it, which seem'd to promise an happy Issue to your Endeavours, and which I perswade myself the Warmness of your Affections for His Majesty's Service will pursue, 'till those En­deavours are crown'd with Success adequate to your Intentions of using them.

WHEN it was known that the Scheme propos'd for raising this Mo­ney, was not (properly speaking) a raising of any Money, but rather an Application of Money already rais'd, and apply'd solely to the Support of the Government by the Acts that rais'd it, and the Manner only of that Disposition left to the Direction of the Governor, Council and Assembly, I was very much in doubt, how far I could consent to an Act, to appro­priate any Part of that Money to any other Use, I being, by His Majesty, ordered not to pass any Law, whereby his Majesty's Revenue might be lessen'd or impaired, without His special Leave or Command: But as the Time was pressing, and no Way then appearing so likely of affording present Money as that proposed; and it being for His Majesty's special Service, on a most important Occasion, and so particulary recommended, I enter­tained Hopes, that my consenting to such a Disposition (all Things con­sidered) might be excused, which perhaps would not be done in any other Case not of the same Nature: Yet as the very Manner of the Disposition of that Money, even to the Uses it is appropriated for and apply'd to, by the Acts that raise it, are by those Acts appointed to be directed by the Governor, Council and Assembly; I thouht it very natural and reason­able, and it seem'd to me to be the Opinion of some of your House, that [Page 7] the first Draft of a Bill that apply'd that Money to other Purposes, should have been well concerted and agreed on by all the Branches of the Le­gislature, before it was presented to the House, that any Thing that even seem'd contradictory to His Majesty's Letters Patent and Instructi­ons, might have been as much as possible avoided, since by avoiding such Contradictions, all the Just Ends of the Proposers would have been more ef­fectually answered, and all the Parties concerned evidently more safe, in the Execution of their several Trusts.

What is contained in His Majesty's Letters Patent under the great Seal of England, has been published, and is upon the Records for any that please to have Recourse to them; these I believe, every Body will agree, are in Fact what gives unto us all the Power we have of making Laws, which scarce any Body will venture openly to deny; whatever be the Pretences of Right, antecedent to them, to have such a Power given; And I must submit it to the Judgment of Men more knowing than myself, how far any Clause, forbidden to be enacted by the Instrument, Charter or Patent that gives us the Power of making Laws, can be more binding (should it be enacted) than a Law made in a different Manner from that prescried by such Charter or Patent ( viz.) by one or two Parts of the Legislature instead of three, can be; and how safe those concerned can be, in acting un­der the Directions of such a Law in any such Case, is left to their own Sagacity duly to consider of for their own Sakes: And what Constructi­on may be put upon the attempting any Law of this kind, is not un­worthy the Consideration of all concern'd in making Laws.

IT is not unlikely that upon the Publication of His Majesty's Letters Pa­tent for the Government of this Province, all the Clauses of which may not have been so particularly attended to by the Hearers, as to be retain'd in their Memory 'till this Time, I shall therefore read to you one Clause in his Majesty's, Patent, relating to the Application of publick Money, and communicate to you some of his Majesty's Instructions founded on that Patent, which I recommend to your serious Consideration; these Clauses being at least binding upon me, whatever they may be thought to be upon others.

ALL I shall observe upon what hath been read, that in my Opinion, the less the Thing we are about is made to clash with His Majesty's Patent and Instructions, the better; and I am willing to believe, none of you would be so unkind to me, as to lay me under the Necessity of passing a Bill, that might prove of dangerous Consequence to me, when it would be of no Manner of Advatnage to your selves or the Country you repre­sent, and especially when it can be done in another Way, and more fully to answer all the good intents you your selves propose by it.

THE Readiness with which you comply'd with what His Majesty had commanded me in His Name, to recommend to you, shew'd your hearty and loyal Inclinations to serve him; but the Thing at that Time seem'd to require so much Dispatch, and your earnest Endeavours of doing what was required as soon as possible, and the Time of Harvest pressing, might and I believe did occasion many Things, that by a greater. Time and more mature Consideration, would have been otherwise digested, and which I was not without Hopes, you would incline to do, when you had more Time, and therefore adjourn'd you, that you might get in your Har­vest, and not suffer in your private Concerns by attending upon the Pub­lick: And therefore have directed a Bill to be drawn, to be laid before you for your Consideration, where the same End is propos'd and by the same Means, but in many doubtful Cases, more fully express'd. The Drawer has omitted the Case of Servants, choosing rather to leave that to the Law as it now stands than attempt at any thing doubtful, or per­haps dangerous in its Consequences; and this may suggest to you the rea­sonableness of taking some Care for the Masters of them, by a particular Law, if there happens to be any Instances of that Kind.

ALL I shall add, is, that His Majesty has commanded me to recommend to you the preparing such a Law, for the punishing of Mutiny, Desertion and false Musters, and for the better preserving of good Discipline amongst Soldiers, as may best answer those Ends: The Circumstances of Things seem to require such a Law, and this being recommended by his Majesty, I have no Reason to doubt, but that Persons who have so heartily shewn their Affections and Loyalty, retain the same loyal Inclinations, and will exert them with a like Sincerity and Vigour, as they did in what I had before recommended to them in His Majesty's Name.

WHEN I spoke to you at your first Meeting in this Assembly, I conceiv'd it necessary and my Duty to tell you that we were a Dependant Government; and that nothing should ( i.e. ought to) be know­ingly attempted in the least destructive, or inconsistent with that De­pendance which it was so much our Interest, as well as Duty to preserve. That it is our Duty to preserve that Dependance, every Body must own that own's an Allegiance to be due. That it is our greatest Interest as well as our Duty to preserve it, every Body that knows us and our Cir­cumstances will own; and all amongst our selves not depriv'd of com­mon Sense are convinc'd is an evident and incontestable Truth.

I farther proceeded from the Reason and Nature of Things to shew you, that all Governments that are such in their own Right, of what Nature and Kind soever they are, have, and naturally must have, a Right (if they have Collonies, or Governments depending on them) to know what Laws are made by those Collonies so depending, and of al­lowing or disallowing such of those Laws as they Judge proper; and also a Right of being inform'd in what Manner the Publick Treasure is dispos'd of; and to receive that Information from Officers of their own appointment, upon whose Faith and Veracity they conceive they can depend; and con­sequently a Right of being accounted with, and of disallowing of any Disposition of the publick Treasure that appears to them in the least in­consistent with the Preservation of that Dependance, or to Uses they do not approve of.

THESE Things did then, and doth now appear to me to be self evident and undeniable Truths, founded upon the Nature and Reason of Things; and I might have added (as Truths equally clear) that all independent Governments have a Right of modelling, moulding, and forming all those Governments that depend on them, in such Sort and Manner as those on whom they depend judge most convenient for them; either by mak­ing a Body of Laws for them, or giving them a Power of making Laws for themselves, in such Manner, and with such Restrictions, either with Respect to the Matter, Form of enacting or Stile, and time of Durati­on of such Laws, as their Superiors shall direct. In either of these Ca­ses it seems clear, that it those dependant Governments, or any in them, without Leave first obtain'd from their Superiors, or contrary to repeat­ed Admonitions, attempt to change the Form or Model appointed; or to make other Laws than such made for them, or enact the same Laws made for them, by Pretence, or under Colour of a Power underiv'd and inherent, suppos'd to be in themselves to do so; or, if they had a Pow­er given them of making Laws themselves but with the Restrictions I have mentioned, or any other: Knowingly to attempt the making Laws in any other Manner, and without the Restrictions enjoyn'd seems in all these Cases to be an acting inconsistent with that Dependance, and to amount to a Declaration of such as do so, that they think themselves not [...] by any such Direction of their Superiors, farther than they think proper to obey them.

[Page 10] TO what I said to you on the Head of your having perhaps many Things in your Desires not fit for me to grant; you were pleas'd to say that if there should be any Thing in your Desires which might not be fit for me to grant, consistent with that Trust His Majesty had repos'd in me, when I observ'd any Thing of that Nature in your Minutes it would be very acceptable if I would signify the same to you and thereby pre­vent your giving me any farther Trouble, or spending your own Time unnecessarily about them. This was very well, had it been adher'd to.

THO' you were very minutely particular in answer to almost all the Clauses of my Speech, and for the most Part even make use of my own Words and Modes of Expression, so that your Address to me may not impro­perly be call'd my own Speech transpos'd; yet, with respect to what I said concerning the Nature of dependent Governments, and the Right their Superior had, of allowing or disallowing the Laws made by them, and of knowing how the publick Treasure was dispos'd of; you decline using that strick particularity you so closely adhere to in the other Parts, (and for Reasons to your selves best known) say not one Word about it; but intirely pass it over, and proceed to other Clauses; leaving your Senti­ments on that Head to be guess'd at from your future Conduct: And when you come to that Clause wherein (after I had acquainted you with His Majesty's Intentions of raising Troops in America, and that I was directed to raise as many as I was able in this Province) I told you I was very glad your Meeting happened to be at this Juncture, that I might receive your Advice and Assistance to render this important Affair effectual; you in your Address cautiously decline promising any Assistance but that of ADVICE; and tell me (by a pretty Transposition of my own Words) that you are very ready and willing too to ASSIST me with any Advice you are capable of giving: Which was by the Way a very kind Promise; and no doubt (in your Opinion) very artfully made.

BUT as your Actions will best explain your Sentiments on the fore­going Heads, I choose to refer my self to them: And by your Journals it appears that soon after your Address to me, you ordered the bringing in of a Bill for the recording of Deeds in each County &c. and pursuant to that Order a Bill was brought in, Entitled, An Act to acknowledge, and register Deeds and Conveyances of Land in each respective County of this Province. This Bill was passed by you without a suspending Clause, tho' you well knew that a Bill of that Kind had been before disallow'd of by His Majesty, and could not be assented to by me without such a Clause.

WHAT you intended by doing so, seems not very difficult to say: But, that was very far short of what follow'd, of a more strange and extra­ordinary Nature, viz. the passing and sending up a Bill to the Coun­cil Entitled An Act to EXTEND an Act of PARLIAMENT Entitled an Act for the more easy recovery of Debts in HIS MAJESTY's PLANTATI­ONS in AMERICA, &c. This Bill you pass'd Nemine contradicente and sent it up to the Council for their concurrence: But, do you really be­lieve that a British Act of Parliament, made on purpose to extend to the Plantations needed the Aid of your Power to give it a Force in [Page 11] New Jersey? Which I believe that British Parliament do, and will think is a dependent Colony, whatever you the Representatives of it seem to do.

IT is true, that in the first Case above mentioned when the Council added a suspending Clause, you (as I am told) readily gave into it, pre­tending that Omission was a Mistake undesign'd; which was an easy Thing to say, when you found you could not have the Bill without running the Hazzard that Clause subjected it to: But how proper it is for me to recommend a Bill to his Majesty's Consideration, that he has thought fit once to disallow of, especially when you have declin'd doing any Thing in a Matter recommended to you, to induce me to do it, you your selves can judge. Your Act declaring how the Estate or Right of a Feme-Co­vert may be convey'd, or extinguish'd was Part of the Act above disallow'd of, tho' now it is made a different Act; and for which of the Parts it was disallow'd of, I cannot say; but at present, it is rather under worse Circumstances than the other, being pass'd without a suspending Clause; and which for that Reason, I am by His Majesty's Instructions directed not to pass.

AS for your Act pretending to extend an Act of Parliament made on pupose for the Plantations, it seem'd to be a Claim of Power peculiar in its Kind; and being thought highly Extravagant, and Unreasonable, the Council rejected it on the first reading; but, had it pass'd into a Law as you intended it should, it would have been doubtful, whether the Act of Parliament had been extended by it, or, under the Colour of ex­tending it, have been repealed: For, in the first enacting Clause of your Bill, it was sagaciously enacted, that the above recited Act of Parliament Entitled An Act, &c. be from the Publication of this Act, in FORCE in this his Majesty's Collony of New-Jersey to all Intents Constructions and Purposes EXCEPT that Part of the said Act relating to the proving of Debts due to Persons residing in Great Britain. Whether this was not an Ex­ception to, and Exclusion of, that very Thing for which the Act was made and a declaring of it not to be in Force in New Jersey in that Part; I leave to the Learned in the Law to Judge.

THIS shews what you intended to do, and would have done, had the Gentlemen of His Majesty's Council been weak enough, to have joyn'd in the doing of it: And tho' true it is, that when the Gentlemen of the Council had rejected you Bill, you seem'd convinc'd of the Im­prudence of your Proceedings; and finding you could not have the Bill in the Manner you had proposed, sent up another with a different [...] for the Purposes intended; yet, I take leave to tell you, that when a Bri­tish Parliament thinks fit to make any Act relating to the Plantations, it is suppos'd to be full, and pertinent, to all the Purposes that the Ma­kers of it intended it should be; and for us to take upon our selves by, any Act we shall make, to abridge, alter, or add to it, even [...] that they in our Opinion had Omitted, and would have added themselves, had they had (what we conceive) right Apprehensions of the [...], I take to be a proceeding of an extraordinary and unusual Nature and I am directed not to pass a Bill of that Kind, without first sending [...] of it to be considered of by His Majesty which I shall do by the first Opportunity.

[Page 12] I understood by the Words of your Address to me that if I discovered any Defect in the Copy of a Bill sent me, and would point it out to you, or the upper House, it might be reconsidered and amended. I flatered my self that you were sincere in what you said; and consequently, that there would be a happy Issue of our Meeting: But, can you truly say you have done any Thing of this Kind? on the contrary, is it not evident that in the Bill relating to the Transportation of the Forces, you have acted in a quite different Manner from what those Declarations in your Address gave Reason to expect?

YOU very well know, that the making Provision for the Transportati­on, Victuals and all other Necessaries for the Troops raised and to be raised here, was recommended to you in his Majesty's Name; and by his par­ticular Directions you were told that His Majesty trusted, and expected that you would make such Provision. But when this Matter was pro­pos'd, you earnestly desir'd, and press'd to be adjourn'd (with what View you best know) that not being granted, but the Necessity shewn of en­tring immediately upon the doing of it, or, coming to some Resolutions that might be depended on for that Purpose.

YOU (with much ado,) did enter upon it and went through it the Manner set forth in the Act you have pass'd; in which when the Copy of the Bill came to me I discovered several Defects. The most Mate­rial of these I communicated both to some of your own Members in pri­vate Conversation, and to some of the Members of the Council, that they might, according to the Declaration in your Address, be reconsi­ [...] [...] that the Defects I had observ'd, proceeded rather from an erroneous Judgment than ought else, and would be amended when calmly considered, notwithstanding I had been inform'd (that after some Debate upon the Matter) you had agreed to deem it a Money Bill in order to prevent any amendment to be made to it.

SOME of the Members of the upper House who had also observ'd these Defects judg'd it not adviseable to attempt any Amendment, they being well assured notwithstanding any Thing said in your Address, you would not admit of any to what you had agreed to call a Money Bill, and that by making any Amendment the Bill might be lost; which it was suppos'd, not a few among you would be glad of, it being proba­bly drawn in the Manner it is, with that View.

I MUST own I entertain'd Hopes of a different Conduct from you, because you could not but know (whatever you pretend to) first that you had no Right to fit and act as an Assembly in making Laws, but in such Form, and Manner as His Majesty by his Royal Letters Patent, under the great Seal of Great-Britain has directed, which gives an equal Power to the Council with your selves, in the making or amending any Bill, of what Nature and Kind soever; and that this was the Opinion of the Right Honourable the Lords Commissioners for Trade and Planta­tions on that Head in their Letter of the 7 th of March last shewn at the Conference; and to which I should have been glad more Regard had been paid.

[Page 13] SECONDLY, that if you had such a Right as you pretend to (as you have not) it must be (if at all) only in the Case of Money rais'd upon the People and given by you, which this is not; but is Money alrea­dy in the Treasury, appropriated by your own Acts of Assembly to a certain Use, viz. the Support of the Government, and to that only Use, and by these very Acts not to be apply'd even to that Use, but in such Manner as should be directed by Governor, Council, and Assembly. So that it plainly appears by your own Acts, that in the directing even of the Manner of its Application, to the Uses it is already appropriated to, you had no greater Share or Power than any other Branch of the Legislature, and consequently unjust in you to pretend to what the Laws even of this Province neither gave, nor meant to give you.

THIRDLY, the applying that Money to other Uses than it was ap­ply'd to by former Acts of Assembly, is so far a repealing of those Acts; and how you came by, or can have, a greater Right or Power than the Council in the repealing of any Act, or Part of any Act, is to me a Mystery.

FOURTHLY, this Money is so far from being the Peoples Money (as is pretended) and given by them, that it neither is, or ever was the Peoples Money, or given by them; but rather, Money given by the Go­vernors to the People. For, you and all the Inhabitants of this Province cannot be ignorant, how earnest and sollicitous the generality of the People were, that these Bills which you call Money, should be made and dealt out amongst them. The Governors were loaded with humble and Supplicating Address from all Parts of the Province, to consent to the doing of it. Large Sums of this Money (antecedent to their Consent,) were off'red to be given them, to induce them to grant the Favour; which was to be [...] over with specious Pretences, of being paid for ima­ginary Services; and even all this, could not prevail upon the Gover­nors (Necessitous as they were, and cramp'd in their Support) to con­sent to the doing of it, unless all the Money arising by the Interest of [...], made Money to be lent to the Borrowers (except what was paid to the Signers and Managers of the Loan) should be engaged to be apply'd to the Support of the Government; and the several Counties engage, to make up, and pay any Deficiency or Failure that might hap­pen an the Security of the Borrower: All this was agreed to▪ and done accordingly.

THIS I think shews, that the Money apply'd to the Support of the Go­vernment is not now, nor ever was the Money of the People; nor recei­ved as a Gift from them; but taken, as Money covenanted and agreed, to be paid by the Borrowers in Consideration of the Favour done the People (at their earnest Request) of consenting to make Paper Bills to pass for Money, to be lent among them to such as wanted.

FIFTHLY, as this Interest Money paid by the Borrowers (who only support the Government, without any Charge, or Tax upon the People) is appropriated and given to His Majesty for the Support of his Govern­ment▪ and by that Appropriation, became the Right and Property of His Majesty, for that Use and Purpose, so, the applying of that Money to [Page 14] Victual and Transport the Troops, is not your making the Provision which his Majesty required you to do, and expected would be done; you not having contributed one Groat towards it, nor the Country put to a Farthing Expence about it; but the Whole paid out of His Majesty's Money, appropriated to the Support of his Government. Therefore his Governor and Council, if to promote the Service, they consented to such an Application of His Majesty's Money (not yours) had from the Nature of the Thing at least as much Right as you (if not more) to direct in the Manner of its Application.

I therefore could not believe that you would make, or adhere to so groundless a Pretence, that has not the least shadow, or colour of Rea­son to support it; or like pettish and froward Children insist for insist­ing sake, but would act like reasonable Men, and do reasonable Things; and on this Belief prevail'd with the Council to desire a Conference with you, in order to point out the Defects in your Bill, that they might be amended on a Consideration of it, agreeable to what was said in your Address.

THIS Conference was with some Difficulty agreed to, and the De­fects in the Bill pointed out; some of which (among many others) were, the Treasurers being to pay the publick Money to the Trustees without Warrant from the Governor; and those Trustees appointed to be account­able only to the Assembly, that is your House; (when you either do, or should know, that you neither can compell any Body to account with you, nor discharge him when he has done so) but you, notwithstanding any Thing said in your Address, or the Reasonableness of what was of­fer'd, would not make, or agree to make any Amendment, but strictly adher'd to your Bill as drawn, which if the Council would not consent to, they, or the Governor, might transport the Forces rais'd here as they could; for you would make no other Provision for doing it, nor in any other Manner, than that you had propos'd by this Bill.

THIS gave but too much Reason to suspect, that you came to the Conference predetermined to adhere to what you had done, notwith­standing any Thing that could be offered against your doing so; and had drawn the Bill in that Manner, against the positive Clauses of His Ma­jesty's Letters Patent, and Instructions, on Purpose that it might be re­jected: Or, if pass'd as it was, you might obtain a Precedent of dispo­sing of the publick Money without having any Regard to either of them.

THE Council however pass'd your Bill, for Reasons they have entred on the Council Books; but, I conceiv'd it of too dangerous a Tenden­cy for me to assent to, without making a farther Essay to prevail upon you, to make the necessary Alteration; still hoping, that when you were shewn the Clauses in His Majesty's Patent and Instructions, so contra­dictory to the Draft of your Bill, you might be prevail'd upon to consent to another.

[Page 15] I believe all reasonable Men will agree with me, that if a Bill is to be drawn with an Intention that it should pass, and can be drawn agree­able to his Majesty's Patent and Instructions, and better, and more regu­rally to answer all the Intents and Purposes owned to be intended by it, than one that is not so, it is to be prefer'd.

IN hopes that this might be done, I adjourned you, that you might have Time for Consideration; and on your meeting, shew'd you the Clauses in the King's Patent and Instructions, which forbid the passing such an Act as you had drawn; but, without Effect. For you avow­edly persisted in what you had done; and (regardless of the Clauses shewn you) by an interlin'd Message in writing, signify'd the same to me▪ And said there, that you hop'd my consenting to such a Disposition (mean­ing as was made in the Bill) altho' it be not by Warrant sign'd by me in Council would not be of dangerous Consequence to me. I hope so too, because I have us'd all the Means in my Power to prevail upon you, to act more agreeable to his Majesty's Directions than you have done; and have as you saw assented to the Bill; but declare it is not to be drawn into Precedent in any future Assembly.

I am really concern'd for your Sakes, for my own, and the Country's, that Things have happened in this Manner: I am oblig'd to lay an ac­count of your Conduct in these Cases before His Majesty, to whose Judgment it will be humbly submitted.

THE Act to prevent any Action under Fifteeen Pounds being brought in the Supream Court; and the Act for anexing Part of the County of Essex to that of Somerset, I do not think at present conveni­ent for his Majesty's Service, or Beneficial for the Inhabitants, but ra­ther otherwise; and therefore do not assent to them. That for the sep­tennial Election of Representatives, I do not take to be a Thing you are of Right intitled to, but a Favour; which a suitable Conduct in you, can only induce his Majesty to grant, or me to recommend to his Royal Consideration.