thousand pounds worth of contraband Goods lodged on this shore since the 8th of November last, which Goods they are now conveying by Land to Philadelphia, and have been so during a few days since in the open day to go to my door with a loaded Waggon, and men armed with Pistols in their hands challenging me to appear if I durst, to seize them.

Mills and the Boat now appear in public and he bids defiance to any.

These my assertions I can prove if the Witnesses are impartially examined, therefore I hope your Excellency doth plainly perceive that it is for my Zealous attachment to his Majesty that I am thus injured abused, and interrupted by these three Magistrates—

My Instructions are, in any difficulties to apply to Your Excellency for assistance and protection, therefore do most humbly pray from Your Excellency a speedy redress as His Majesty's Revenue suffers entirely by the Actions and Power of these three Magistrates at Cape May.

[signed]

JOHN HATTON.

Letter from the Earl of Hillsborough to Governor Franklin, transmitting two Orders of Council.

[From P. R. O. America and West Indies. Vol. 175 (193), No. 28.]

WHITEHALL Dec 11th 1770.

Sir,

Gov! Franklin.

Inclosed I send you two Orders of His Majesty in Council on the 9th instant; the one disallowing an Act passed in New Jersey in June 1765, entitled, "An Act for regulating the Practice of the Law and other Purposes therein mentioned;" the other confirming an

Act passed in May 1768, entitled, "An Act for choosing Representatives in the Counties of Morris, Cumberland and Sussex, & directing the Morris County taxes to be paid into the Eastern Treasury of this Colony;" and I am to signify to you His Majesty's Commands, that you do cause these Orders to be published in like manner as has been usual in such cases.

The inclosed Copies of the Representations of the Board of Trade, which I transmit to you for your private Information, will fully acquaint you with the Grounds of His Majesty's Determination upon these Acts; but I must not omit to observe to you, that although the Lords of the Council thought fit, in consequence of the Recommendation of the Board of Trade, to advise His Majesty to confirm the Act for electing Representatives for the Counties of Morris and Cumberland, yet it did not escape their Lordship's Notice that it did seem to be inconsistent with the additional Instructions transmitted to all His Majesty's Governors in 1767, requiring them not to give their Assent upon any Pretence whatsoever to any Law or Laws by which the Number of the Assemblies should be enlarged or diminished; and as their Lordships considered that a Strict Obedience to that Instruction is of the greatest Importance, they thought fit to recommend to His Majesty, that a Copy of it should be sent to you upon this occasion, and His Majesty, approving of what their Lordships recommend, has accordingly 11 Sept. 1767. directed me to send you the inclosed Copy thereof, and to signify to you His Royal Will and Pleasure, that for the future you should not, upon any Pretence whatever, deviate from the Directions it contains.

I am &ca

HILLSBOROUGH.

Copy of a Letter from Mr. Hatton, Collector of Salem, Etc., to the Commissioners of the Customs, dated Perth Amboy, Dec. 25, 1770, complaining of the ill treatment he had received.

[From P. R. O. America and West Indies, Vol. 257 (275).]

Gentlemen

PERTH AMBOY, 25th Decem' 1770

On my way to the Governor with the inclosed Remonstrance I received Yours of the 10th Inst. on the Receipt of which I went to Mr Skinner, Attorney General whose opinion I have now sent likewise the inclosed Remonstrance will give Your Honors a just Information of the further Ill treatment I have receiv'd M' Read Collector of Burlington hath bailed out Hughes. M' Read's actions are, as formerly; which is to distress me and the Service of the Revenue all He can. He is one of the 3 chief Judges of this Province & hath a Salary for it & is likewise one of the Governor's Council.

I am credibly informed that a Set of Merchants at Philadelphia have remitted a Quantity of money to this Province in Order to gain any Point they want & likewise make this Cape their Stanch Store, as they say they cannot do without It for their contraband Trade for since the 8th of last November there have been 5 other Vessels unloaded with Illicit Goods.

I have wrote three pressing letters to the Captain of His Maj Vessel in this River but no One hath yet appeared to give me any Relief. I hired a Sloop on purpose to go to them to get them to keep their Vessel or Tender in Our Bay which would be the proper place, whereby they would perceive, with my assistance on Land, all the proceedings of the smuglers there; but

they declined my Request saying they could not assist me on Shore, and Winter coming on they must lay up their Vessels, therefore I am obliged to keep concealed by day, & when I travel it is all by night, & expect no other than some Day to fall a Sacrifice to their Wicked Malice & Inventions. I left my Wife at the point of death thro' Fright for me & her Son. My Son being still Ill & at the Tavern He was taken to first, & will lose either his Arm or the use of it, which cannot yet be determined & hath undergone a Severe Illness myself going hundred of Miles to endeavor to procure Justice & have almost expended my last Farthing and am in the greatest distress for more, who am

Gentlemen &ca

JOHN HATTON

I am to call on the Governor on my way back for an answer to my Remonstrance of the 7th Inst. He having sent to the Attorney General for his advice & the Result thereof I will inform You Mr Skinner advises me to arrest the 3 Magistrates if I can get them before the Governor for their actions & false Imprisonment but I want Money, having now expended in this Affair upwards of 30£ Be pleased to excuse the Badness of this Letter as my Wounds in my Head & right Arm are still so bad that I can hardly think or hold my Pen.

Letter from Attorney-General Skinner to Mr. Hatton, giving his opinion on the proceedings of the Mag istrates at Cape May.

[From P. R. O. America and West Indies, Vol. 257 (275).]

Mr Hatton

Dec. 25, 1770.

I have considered the Papers you have laid before me, and those sent by Mr Petit and am of opinion that

as the transaction was on the high Seas the Admiralty only hath Jurisdiction, & it is [to] those you ought to apply.

Upon the Same principle the Magistrates at Cape May had no authority to issue their Warrant, or bind you over to Court the place where the Seizure & Rescue was made being without their Jurisdiction or that of any Court but the Admiralty.

to John Hatton Esq

CORT SKINNER.

Letter from Mr. Skinner, Attorney-General of East Jersey, to Charles Petit, Esq., Secretary to Governor Franklin, giving his opinion on the Conduct of the Magistrates at Cape May.

Sir,

[From P. R. O. America and West Indies, Vol. 257 (275).]

Dec. 25, 1770

I received Yours by Mr Hatton with the Papers inclosed & have considered them as well as the Shortness of the time would permit, together with other Information given me by M' Hatton.

I am of opinion that the place where the Seizure & Rescue were made is clearly out of the County of Cape May. That the Admiralty only has Jurisdiction and that the Justices of Cape May were forward in taking upon them any Enquiry; then issuing their Warrant & taking M Hatton & his Slave after his Excellency's Proclamation is an insolent Contempt of his Proclamation and will, with other parts of their Behaviour, justify His Excellency in ordering their Attendance before him in Council, or upon very clear Affidavits of their Behaviour removing them from Office.

It was their Duty to Support M' Hatton the Collec