of the said Nicholas Bayard his Grandfather (who survived the said Nicholas Varlet) thereupon entred upon the Lands so allotted by the said Commissioners to the Patent of Secaucus and both ever since been and still is in the possession thereof.

That the Persons so claiming under the said Sale of the said Island did some time since commence a Suit in the Supreme Court of Judicature of the said Province against your petitioner for the recovering the possession of the said Lands so allotted by the said Commissioners to the said Patent, to which your petitioner immediately appeared and submitting to the Jurisdiction of the said Court therein, caused a Defence to be made in the said Suit and the said Cause having been brought on to Trial, a special Verdict was found therein which having been solemnly argued before the Judges of the said Court they were ready to give their Judgment in the Matter.

That notwithstanding there never has been the least doubt entertained of the Jurisdiction of the said Court as to the Cognizance of the said Cause, the several Persons so claiming under the said Sale being conscious of having no Right by Law to the said Allotment and taking Advantage of your Petitioners Absence from the said Province, have in a very unfair and unprecedented manner obtained at the last Sessions of the General Assembly of the Province an Act intitled a Supplementary Act to an Act entitled an Act appointing Commissioners for finally settling and determining the several Rights Titles and Claims to the Common Lands of Bergen and for making Partition thereof in just and equitable Proportions among those who shall be adjudged by the said Commissioners to be entitled to the same; whereby certain Persons therein named are appointed Commissioners instead of the persons in the said former Act named for settling and finally determining in whom the

Right or Rights of the said Common Lands allotted to the Patent of Secaucus is or are vested, under such Directions as therein set forth, and the opinion of the said Commissioners is thereby declared to be good and valid in Law to establish the Right and Title of the proprietor or proprietors of the said Common Lands, And for the more easy and ready acquiring Possession of such Common Lands as shall be allotted and adjudged by virtue of the said Act, the said Commissioners are to issue a Precept to the Sheriff of Bergen County commanding them to cause full and actual Possession to be delivered to such person or persons to whom such Common Lands shall be alloted, who is thereby required to execute the same as in Case of a Writ of Possession in an Action of Ejectment; And the said Commissioners are thereby directed to meet and take upon them the Execution of the said Act on the Twentieth Day of September next or as soon as they conveniently can thereafter, having first given such notice as therein mentioned.

That the impropriety and evil tendency of this Act is too obvious to need further Observation than that the plain view and design of Your petitioner's Adver saries in thus attempting to remove this Question of Right which is entirely of a private nature and a mere point of Law depending between Individuals from the ordinary Course of Justice where it has been brought by themselves in a regular Course of Procedure, to a new erected Court of Commissioners whose determination is to be final, must be to deprive your Petitioner of the legal Right to the Judgment of the Supreme Court of Judicature and of his Appeal from thence if necessary, first to the Governor and Council of the province, and ultimately to his Majesty in Council; contrary to the express Constitution of the Province, besides this Act being confessedly of a private nature and not containing any Clause of Suspen

sion, is as Your Petitioner is advised expressly contrary to his Majesty's Instructions

Wherefore as well in regard to Your Petitioner as to discourage for the future Attempts so repugnant to Law and Justice, Your Petitioner humbly prays Your Lordships will please to take this Matter into Your Consideration and intercede with his Majesty to prevent this Act from passing into a Law'

Speech of Governor Franklin, to the Legislature, in relation to the Riots in Monmouth and Essex Counties.

[From Minutes of the Provincial Council of New Jersey.]

Gentlemen of the Council and Gentlemen of the General Assembly;

I am much concerned that there should be any Occasion for calling a Meeting of the Legislature, so soon after the late Session: But however inconvenient it may be to your private Affairs, or expensive to the Province, you will find by the Papers which will be laid before you, that it is a Measure made absolutely necessary by the late tumultuous and riotous Proceedings in the County of Monmouth. A considerable Body of People of that County, spirited up by some factious designing Persons, assembled themselves at Freehold, on the Day appointed for holding the County Court there in January last, and armed with Clubs and other offensive Weapons, did, by their Threats and outrageous Behaviour, so insult the Magistrates and Officers of the Court, when on their Way to the Court House,

There is no date to this paper, but it is supposed to have been presented March 20, 1770.

that they judged it neither safe nor prudent to attempt opening the Court: They therefore, after making a Record of the Riot, broke up, and returned to their respective Homes; by which Means it has become requisite, before another Court of Common Pleas and Quarter Sessions can be held there, that an Act of Assembly be passed for reviving and continuing the Process and Proceedings lately depending therein, to the next succeeding Court, which will be on the Fourth Tuesday of the ensuing Month.

The chief Pretence given out by the Leaders of these deluded People, in Justification of their riotous and un warrantable Proceedings, is, I understand, that the Lawyers have oppress'd them with exorbitant Costs, in bringing Suits for Debt, &c. Whether this Charge is well or ill founded, I cannot take upon me positively to say; but this I know, let it be ever so just, it does not lessen the Heinousness of their Offence. If the People are aggriev'd, there are legal Methods of complaining there are legal Methods of obtaining Redress. For Instance, in the present Case, if the Practitioners of the Law, have really charged the People with excessive and illegal Costs, the Law has already provided a competent Remedy. They can apply to the Judges of the County Courts, and have the Lawyers Bills taxed, and even re-taxed if they think it necessary. If they apprehend any Injustice has been done them in such Taxation, they can apply to the Justices of the Supreme Court, who, it is not to be doubted, will rectify any Errors that may be found therein. Should it, however, happen, that they conceive themselves injured by the Determination of these Officers, or that these Officers should.deny or delay doing them Justice, a Complaint may be made to the Governor and Council, who, they must be assured, from many late Instances, will pay Attention to the Complaints of the meanest, even tho' they may affect the highest

Persons in the Community, and omit nothing in their Power to ensure the strict and impartial Administration of Justice. But even supposing the contrary, and that all the Officers of Government should neglect or refuse doing their Duty in this Respect, Have they not still a Door left open for their Complaints in the House of Assembly, the Representatives of the People? A Body, who, on such Occasions, have an undisputed Right to consider themselves as the Grand Inquest of the Colony, to enquire into the Grievances complained of by the People,-and who have it in their Power, by many legal and constitutional Ways, and particularly by a direct Application to the King, the Fountain of Justice, to procure all the Relief the Nature of the Case will admit of.

How unjustifiable then is the Conduct of these People? They have refused taking those regular Steps, which the Law and Constitution have pointed out to them. Their first Method of making known their Complaints, was to assemble in a riotous Manner in July last, and endeavour to prevent the Lawyers, who are legal Officers of the Court, from entering the Court-House, and doing their Clients Business. They were, however, at that Time, opposed with Spirit by the Magistrates and others, the Riot quell'd, and the principal Ringleaders committed to Gaol. A Court of Oyer and Terminer was some Time after held in the County, and those Persons appearing to have some Remorse for their past Conduct, lenient Measures were thought most advisable by the Court, and were accordingly adopted, by which Means none of them were brought to that Punishment they justly deserv'd.Here it was hoped the Disturbances in that County would have ended, especially as the House of Representatives soon after made a particular Enquiry into their pretended Grievances, and spent a considerable Time therein, without being able to find any Charges