office by virtue of his being the senior member of the Council. He is sometimes called President, presumably because of his being the presiding officer of that body. At the time he thus succeeded to the position of Chief Magistrate of New Jersey, he was in exceedingly precarious health and only survived his accession to the office for about a year. He had a large experience in the public affairs of the colony, having been a member of the Council continuously from 1713 until the death of Morris. He was, at one time, as has already been stated, Governor of the province, having succeeded Cosby in 1736. He then held the position for about two years, until Morris was appointed, when he returned to the Council.

A very important public measure was inaugurated during his administration; the chartering of the "COLLEGE of NEW JERSEY," or, as it is sometimes called, "NASSAU HALL." The name by which this venerable institution was chartered, was, The College of New Jersey. Governor Belcher, who was greatly interested in it, called the original first building NASSAU HALL, in honor of William the Third. A Charter had been previously applied for, but the application had been denied. The persons who presented the petition were Presbyterians, and it was understood that the Institution was to be distinctively under the rule of that denomination. The college undoubt edly had its origin in the intense desire of the educated people of the province for more and better appliances for training their young people and especially in preparing ministers for the performance of their duties, but its actual beginning was hastened by an event which happened at Yale College. David Brainerd, afterwards the great Indian missionary, was expelled from that Institution, and the authorities refused to reinstate him, although the Rev. Aaron Burr, a distinguished Divine aud the son in law of Jonathan Edwards, with many other equally distinguished gentlemen, interested himself in behalf of the erring youth. This led to a disruption of ecclesiastical relations, but young Brainerd was ordained and the College of New Jersey was founded. Its real place of birth was Elizabeth Town and the celebrated Jonathan Dickinson became its first President, but almost immediately after its formation, Dickinson died, and there was a virtual collapse of the enterprise. The Rev. Aaron Burr, D.D., already mentioned, was the pastor of the First Presbyterian Church at Newark, and like Dickinson and many other clergymen of his time, conducted a classical school in connection with his pastorate. The students, eight

in number, were removed from Elizabeth Town to Newark and placed under the charge of Dr. Burr. This was in October, 1747, a few months after the arrival of Jonathan Belcher, who succeeded Hamilton. The new Governor took a deep interest in the institution and proposed its resuscitation. The old charter had never been filed; a new one was prepared by Belcher, himself, regranted by him in September, 1748, and on the 9th day of November of the same year, at a meeting of the Trustees held at Newark, presided over by Governor Belcher as President, ex-officio; Dr. Burr was elected President. The first commencement took place the same day, when six graduates received their diplomas and the first honorary degree ever granted by the college was given to Gov. Belcher. Among these six graduates were Richard Stockton, afterwards with John Witherspoon, President of the college, a signer of the Declaration of Independence; the others became clergymen.

The college remained at Newark for eight years under the lead of Dr. Burr and was then removed to Princeton, where it has since remained. There are only three Colleges in the United States older than Princeton; Harvard, William and Mary, and Yale.

Hamilton was an Episcopalian, but a broad minded man with no bigotry nor religious prejudice and he readily granted the charter. Objections were at first made, in certain directions, as to the legality of his action. But the objections never assumed any practical shape and the College of New Jersey began its wonderful career of usefulness. It has sent forth from its walls, fully equipped for their life work, divines, statesmen, jurists, professors, authors, scholars and men to adorn all classes of society. It stands second to no other Institution in the land and has secured the admiring estimate of men of learning all over the world.

Hamilton, earlier in his career, had invented a plan for the establishment of a Post Office system in America. A patent was granted him for this, in 1694, but he never put his plan into practical operation. The government, however, bought his right under the patent, giving him a suitable compensation.

About this time the long drawn out controversy between the inhabitants of some of the towns in East Jersey with the Lords Proprietors came to a climax. That controversy began as early as 1670 and some reference has already been made to it. The Proprietors claimed from the colonists payment of a quit rent of a halfpenny per acre. This payment was strongly resisted by the plucky colonists. Philip Car

teret, the first proprietary Governor, had made himself peculiarly obnoxious to the people, had been obliged to flee the country, and finally to relinquish many of his claims: The proprietors were, at first, puzzled to find a tribunal which could enforce their rights. The courts were few and those that did exist had been created by the people and were entirely under popular influence. The Governor, under the Proprietors, undertook to establish courts by his own volition and to officer them with his own creatures, all totally subservient to his will and obedient to his commands. These courts, in some instances, issued warrants, arrested some of those who were claimed to be violators of law, pronounced judgment, attempted to impose fines and to imprison the defendants. The convicted were locked up in jail; the indignant populace broke open the doors of the prisons and released the prisoners. Riots ensued, outrages were committed, general discontent ob. tained and real and substantial damages were the result. Ejectment suits were instituted, the defendants refused to appear, plead or make any defence, and when the Sheriff attempted to enforce the judgment of the court by writ, the parties in possession of the land defied the officer and retained their houses and premises.

During the controversy, which lasted two generations and more, books of record, both town and legislative, were missing and grave charges were made that the loss was not accidental, but was caused by actual theft committed by those personally interested in matters the records of which would be positive proof in legal proceedings. Some of these books contained surveys, establishing beyond controversy, certain lines and boundaries. Countercharges were made, the names of the alleged thieves were given, and it was asserted that they were in the pay and interest of the Lords Proprietors. It was not a contest for a few feet or a few acres of land, but, it was claimed, that it affected the great majority of the titles held by the whole body of the people and it was a fight between all of the colonists on one side and the Proprietors on the other. All classes were drawn into the controversy; the ministers preached from their pulpits resistance to oppression, or obedience to the laws, as their inclination or interest dictated. Many of them became litigants in the courts, Plaintiffs or Defendants, as the case might be. Society was demoralized, law and order were put at defiance, and advantage was taken of the general disturbance by rogues and rascals, to commit crimes, under pretences which would have received no attention in ordinary times.

This con

dition of affairs became intolerable and the Proprietors determined to invoke the aid of the Court of Chancery. Such was the origin of the cause, begun by what is known as the celebrated Elizabeth Town Bill in Chancery. This document was the most extraordinary pleading ever filed in any court of justice. It was prepared by James Alexander, the father of the Earl of Sterling, of Revolutionary fame, and Joseph Murray was his associate counsel. These gentlemen were both eminent lawyers with long years of experience in their profession. When printed, the Bill occupied seventy-eight double columned pages of folio volume, to which were annexed three maps and several lengthy schedules. Such full reference was made to the colonial history of New Jersey prior to its filing, that historians have drawn largely from its pages. In this respect, it is invaluable, as it is in the main, correct in its historical statements. The parties Complainants are the Lords Proprietors of the Eastern Division of New Jersey; the parties Defendants are those who held land in East New Jersey adversely to the claim of the Proprietors. The Bill is addressed to "his Excellency, Lewis Morris, Esq., Captain General and Governor in Chief of the Province. of New Jersey, and Territories therein depending in America, and Vice Admiral in the same; In Chancery humbly complaining." The Bill was filed the 13th day of April, 1745, but was not answered by any document filed in the Court until 1751. The answer was prepared by William Livingston and Richard Smith, Jr., two young lawyers who had, in spite of their youth, established reputations for ability.

The town meeting of Elizabeth Town had assumed the quarrel for the Defendants and that body was called together Aug. 27, 1751, to hear the answer read; it was read to the citizens then assembled and placed on the files of the Court a few days afterwards. On its face, this document is the answer of 449 land owners and residents of Elizabeth Town and vicinity.

It was charged that Governor Morris had assumed the office of Chancellor without proper authority, and if he had survived, it is probable that an objection to his jurisdiction would have been interjected into the cause. Undoubtedly, if Morris had had any opportunity to hear the case, he would have decided for the Complainants, as his interests

1 A local historian, Rev. Dr. Hatfield, states that this Richard Smith wrote the history of the province and afterwards became Chief Justice of Canada, but this is an error; Samuel Smith, a Merchant of Burlington and Philadelphia, wrote the history of New Jersey and William Smith that of New York. William Smith, at one time, was Chief Justice of New York and after the Revolution became Chief Justice of Canada,

and prejudices were with them. But he did not live long enough to adjudicate on the rights of the parties and the suit was never settled.

Jonathan Belcher, who became Governor after Morris's death, was a strict Puritan, had been living in Massachusetts and fully sympathized with the Defendants in their antagonism to the Proprietors, and it was well understood that his prepossessions were so strong for the people that the Proprietors would have no possible chance for success before him. James Alexander, the leading Counsel for the Complainants, died on the 2d day of April, 1756, and exactly a year afterwards, Joseph Murray, his associate, died. The French War very soon occupied the attention of the Colonists and the troubles with the mother country came in with all their conflicting interests, followed by the War of the Revolution, and nothing more was heard of the famous Elizabeth Town Bill in Chancery. The antagonists of the Lords Proprietors, whether right or wrong, succeeded in sustaining their claims

There was a state of affairs existing in North America which affected the colony of New Jersey to such an extent that it ought be noticed. In the spring of 1744, war had been declared by France against England. The New England colonies had suffered greatly from covert injuries inflicted by the French residents of Canada. The treaty of Utrecht had not restrained the French from stirring up the Indians to annoy and massacre the English. Massachusetts and her sister provinces in New England, stimulated by this past history of the injuries inflcted by their neighbors, entered eagerly into the contest, raised men, donated large sums of money and finally gathered a land and naval force to besiege Louisberg, then considered inpregnable. The French had spent twenty years of time and 30 millions of livres in fortifying this important fortress, the key to the possessions of the French lying north of New England. The expedition was successful and Louisberg was taken on the 19th of June, 1745. The news of this conquest roused all France and vast exertions were made to subdue the English colonies in North America, especially those on the Atlantic coast. New Jersey was included in the contemplated attack and her government and people fully awaked to the danger of the situation. A large fleet sailed from France with 3000 troops on board, but it was shattered by a storm and demoralized by many other disasters. A part of the plan was a junction with more ships of the line from the West Indies and an addition of a land force of 2000 Canadians and Indians. Preparations were made by the Legislature and people to aid in repelling this force.