the power solely to hear and determine causes in Equity; and that neither he, nor any of his successors, ever received any special order from the crown to erect such a Court. They repudiate the name of Clinker-Lot-Right-Men, by which they are called in the bill; declare it to be nothing more than a "nick-name," given to them by their opponents; and that the only reason why the Complainants are so fond of using it, and why they have so often "garnished their bill with it," was to bring the Defendants into derision, and to cast "a slur and odium" upon them and their title. They even go so far as to deny, that Elizabethtown was ever named after the wife of Sir George Carteret, the first Proprietor of New Jersey, but insist, that it was named by those under whom they claim, “in memory of the renowned Queen Elizabeth."

But it is not proposed to go into the merits of the controversy. The bill, notwithstanding its extreme prolixity, is certainly drawn up with much ability, and makes out a very strong case in favor of the complainants. That the original deed from the Indians, under which the Defendants claimed, did not confer any valid title, would seem to be quite clear; and yet, there were various other matters which entered into the case, and by which it was somewhat complicated. The conduct of Gov

ernor Carteret himself, who purchased an interest in the Elizabethtown grant, thereby recognizing, as was said, its validity, was a strong point in the Defendants' case. But notwithstanding the immense labor bestowed upon the preparation of this cause, it was never brought to a conclusion in the Court of Chancery. Before a final hearing could be had, the events which ushered in the Revolution, interrupted the progress of the suit, and it was never afterwards revived.

In 1768, the attention of the General Assembly was called to the subject of the Court of Chancery, by a message from Governor Franklin. He stated to them, that controversies frequently arose wherein the Courts of common law could not give relief, and which therefore became the proper objects of a Court of Chancery; that as the disuse of such a Court would probably be attended with mischiefs to the good people which they represented, he had kept it open, though under very great disadvantages to himself; but that no salary was allowed for the necessary officers, and that the fees were not sufficient to make some of them even a moderate recompense for their trouble and attendance. He recommended the matter, therefore, to their serious consideration, and desired them to make such a provision for the necessary officers of the

Court, as would induce persons of knowledge and probity to discharge those important trusts. The House requested the Governor to inform them particularly, what officers of the Court of Chancery it was necessary that they should make provision for; and he thereupon sent them a list of the officers, for which he thought salaries ought to be allowed. They were, a Master of the Rolls, and a Master in Chancery for one division of the Province; two Masters in Chancery for the other division; and a Sergeant at Arms in each division. For the Clerks, Registers, and Examiners, the fees allowed by law were deemed sufficient.

The subject of salaries, however, was one upon which Governor Franklin always had the misfortune to differ from the Assembly; and as he was now pressing upon them the necessity of making further provision for the support of the King's troops in the Province-a point upon which the House were beginning to be sensitive-they showed no disposition to comply with his recommendations as to the Court of Chancery.

But in 1770, by virtue of the powers and authorities given to him by his commission, and with the advice and consent of the Council, Governor Franklin adopted an Ordinance in reference to the Court of Chancery; by which, after reciting, that

there always had been a Court of Chancery in the Province of New Jersey, and that the same required regulation, it was ordained and declared, that his Excellency William Franklin be constituted and appointed Chancellor and Judge of the High Court of Chancery of New Jersey, and that he be empowered to appoint and commission such Masters, Clerks, Examiners, Registers, and other necessary officers, as should be needful in holding the said Court and doing the business thereof; and also to make such rules, orders, and regulations, for carrying on the business of the said Court, as from time to time should seem necessary.1

This Ordinance remained in force, until the adoption of the Constitution of July the second, 1776, which provided, that the Governor for the time being, or in his absence the Vice President of the Council, should be the Chancellor; and on the seventh of October following, the Court of Chancery was confirmed and established by the Legislature, with the same powers as those exercised by it before the Declaration of Independence. The offices of Governor and Chancellor continued to be united, until the adoption of our present Constitution, when a separation was made. The conse

'Griffith's Law Reg. IV. 1183.

quence was, that every Governor, from the Revolution to 1844, was a lawyer; and if in one point of view this was objectionable, by confining the office to the members of a single profession, yet on the other hand, it gave to us, during the whole of that period, a succession of Governors, of whom New Jersey may well be proud—a Livingston, a Paterson, a Howell, a Bloomfield, an Ogden, a Pennington, a Williamson, and a Southard, (not to mention the living,) every one of whom shone as a star of the first magnitude.

But to return to the history of the Supreme Court. Upon the death of William Trent, Robert Lettice Hooper was appointed by Governor Burnet Chief Justice, and took his seat upon the Bench at Burlington, on the thirtieth of March, 1725. At the time of his appointment, he was a member of the House of Assembly, and without being much distinguished in any way, seems to have enjoyed in a high degree the respect and confidence of the public. In 1728, after having been Chief Justice for about three years, Thomas Farmar was appointed to succeed him.

Farmar had removed from Staten Island to Amboy, about the year 1711, and was soon afterwards appointed Second Judge of the Supreme Court, in place of Lewis Morris, who, although his name ap