HISTORY OF THE COLONY OF NOVA-CAESARiA, OR NEW JERSEY NEW JERSEY HERITASE SEIIES N o With this volume, "The History of the Colony of Nova-Caesaria, or New Jersey ... to the Year 1721/' The Reprint Connpany opens a Her- itage Series of reprints on the basic history of the state. The New Jersey Series is also part of a larger Series of reprints on the Colonial and Revolutionary period of the original thirteen colo- nies. Twenty - eight books have been printed and are available now. When the set is complete it will include some 60 to 75 vol- umes and will cover the basic his- tory of the early years of the colo- nies through the Revolutionary pe- riod. In addition to this New Jersey volume, books are now available on South Carolina, North Carolina, Georgia and Virginia. Pennsylva- nia and New York volumes will be started this Spring. Also, "The Heads of Families, First Census of the United States, 1790," a 12-volume set covering all available records of the first census, is a part of this overall Se- ries and is now available. THE REPRINT COMPANY 154 West Cleveland Park Dr. Spartanburg, S. C, 29303 May, 1966 This Volume Was Reproduced From An Original y In The New Jersey State Library Trenton^ New Jersey ABP GIFT PUBLISH i Library of Congress Catalog Number: 66-63920 An Introduction to This Volume and the Author This first history of New Jersey was written by Samuel Smith and published at Burlington in 1765. His work, "The History of the Colony of Nova- Caesaria, or New Jersey . . to the Year 1721/' is an important source book or; New 'ersey in the Colonial period as it w ^ w'i''tfr ' _;-■. many docu- ments now lost. This earliest hi-r-tory begins with the age of discovery. It has an cppendix of origin:;! documents a cursory review covering 1721 to 1725, a chapter on Indian affairs, and a geographical de- scription of the Colony by counties. Samuel Smith was well qualified to write this first general history. He was born in Burlington, New Jersey, in 1720 and held many New Jersey offices during his lifetime. He died at Burlington in 1776. A biographical sketch of the author appears in this edition. As previously mentioned, the first edition was published at Burlington in 1765. A second edition was published in 1877 and reprinted in 1890 with an added appendix and index. This reprint is from the 1890 edition. KENNETH W. RICHARDS, Head, Archives and History Bureau, New Jersey State Library, Trenton, New Jersey. 'February 8, 1966 THE COLONIAL HISTORY OP NEW JERSEY. WITH XIA-PS. PUBLISHED BY AUTHORITY OP THE STATE OF NEW JERSEY. TRENTON, N. J.! WILLIAM S. SHARP. 1890. Entered according to Act of Congress, in the year 1890, by WILLIAM S. SHARP, In the Office of the Librarian of Congress, at Washington. THE HISTORY O F THE COLONY O F NOVA-C-^SAEIA, or NEW-JERSEY: CONTAINING, AN ACCOUNT OF ITS FIRST SETTLEMENT, PROGRESSIVE IMPROVEMENTS. THE ORIGINAL AND PRESENT CONSTITUTION. AND OTHER EVENTS, TO THE YEAR 1721. WITH SOME PARTICULARS SINCE; AND A SHORT VIEW OF ITS PRESENT STATE. By SAMUEL SMITH. BURLINGTON, in NEW-JERSEY: Printed and sold by James Parkek : Sold also by David Hall, in Philadelphia. m,dcc,lxv. \<^ C-CrknO&^ HitfJci'ttiTi^ t'SncJi- - i j^"'' «^i?,,^^*«iHJ 'Wa.ranawankcmi^ s Clailurs W:^2>^ iCOXOME ^•^3:^3 •^^Qft J?^r^4 ^ S'du>on^e^ 'i_^?j4 Tapp aans 1 ^« V ""i'Tes/eltaK Mm-/ ,x)ti^^ SKETCH OF THE AUTHOR. Samuel Smith, author of the " History of New Jersey," was eldest eon of Richard Smith, esquire, of Burlington, member for twenty years of the Assembly of West Jersey, and a flourishing merchant in Burlington and Philadelphia. Richard Smith was the only son of Samuel Smith the elder, of Bramham, West Riding of Yorkshire, England, who came to New Jersey in 1694, and was for several years a member of the Assembly. The father of the first Samuel Smith, Richard Smith of Bramham, Yorkshire, was one of the original proprietaries of West Jersey, and he and his two eldest sons, John and Daniel, brothers of the elder Samuel Smith, signed as proprietaries the "Concessions and Agree- ments of the Proprietors and People of West Jersey," the fundamen- tal constitution of the province. To the above-mentiond John Smith was allotted one of the ten original town lots of the " London Proprietors," in Burlington, with its annexed wood or forest lot. Our author, who was born "12th mo., 13th, A. D. 1720," engaged, as a young man, in his father's business as a West India merchant, and, for a time, removed to Philadelphia. He finally settled at Burlington, where his town-house was the one since known as the "Coleman" house. The fine estate of "Hickory Grove," a little beyond the " London Bridge," was his country-seat or "plantation." He married in the "eleventh" month, 1741, Jane, daughter of Joseph Kirkbride, and by her had several children. He was a man of most benevolent heart, and of a conscientious uprightness and exactness in the discharge of duty. His reading was extensive and accurate ; tlie several historical works composed by him, showing the fruits of careful research, and a clear and agreeable style. He was the originator of the benevolent efforts which resulted in the colonization of the remnant of the New Jersev Sketc^h of the Author. Indians at the " Brotherton " settlement ; drew up, in 1757, the constitution of the " New Jersey Society for Helping the Indians," and signed its subscription list with twenty pounds. In all the family relations, as son, brother, husband and father, Samuel Smith was most exemplary, and was besides a prominent and useful mem- ber of his religious community, " The Friends." In 1765, Samuel Smith had the press of the "King's Printer" moved to Burlington for the purpose of printing his " History of New Jersey," as appears by the following extract: "In 1764, James Parker, printer to the King for the Province of New Jersey, compiled and printed a ' Conductor Generalis ' for Justices of the Peace, he then holding that office in Middlesex county, and the following year moved his press from Woodbridge to Burlington for the accommodation of the author of the History of New Jersey, (Smith), but on the completion of the work it was returned to the former place." ( Whitehead'a Contributions to East Jersey History, p. 376.) Samuel Smith filled some of the most important public offices in the Province of New Jersey. He was, for many years, a member and Secretary of the King's Council, Treasurer of the Province, &c., &.C. He died in 1776. His brother Kiciiard was a member of the Continental Congress. CONTENTS. CHAP. I. A brief view of the discovery of America, and of the present pre- vailiny opinion respecting the manner it originally became peopled. page 1 CHAP. II. An account jj the country on Delaware and the North-River, while the first was in possession of the Dutch and Swedes, p. 19 CHAP. in. The particulars of the English conquest, in 1664 ; and the transactions afterwards, respecting the inhabilanls on Delaware; The arrival of Fmncis Lovelace, as governor ; part of his administration, and de- scription of the Hoarkills. p. 35 CHAP. IV. King Charles the second, and duke of York's grants, whence lord Berkeley and sir Oeorge Carteret became seized of New- Jersey : The ^rst constitution of government under them : The settlement of Bergen, Middletown, Shrewsbury, and Elizabeth- Town : Philip Carteret appointed governor of Jersey : The Indian purchase of Elizabeth- Town, by the settlers ; and the first general Indian purchase by the proprietors, &c. p. 59. CHAP. V. Major Andross appointed governor of New- York : Takes possession at Delaware: Arrival of the first English settlers to West-Jersey, under the duke of York^s title : Lord Berkeley assigns his moiety ef New- Jersey to Byllinge, and he in trust to others : Their letter and first commission : New-Jersey dirided into the provinces East and West Jersey ; and the declaration of the West-Jersey proprietors. p. 77. CHAP. VI. Arrival of more settlers to West- Jersey : Their difficulties: Their purchases from the Indians ; They lay out a town : Some of their first sentiments of the country ; and an account of the duke of York's two last grants, being for the provinces East and West New-Jersey separately. p. 92. CHAP. VII. Letters from some of the settlers of West- Jersey ; and arguments against the c:ustoms imposed at the tloarkill -by the governor of New- York. p. 111. 7 CHAP. viii CONTENTS. CHAP. VIII. The first form of gevemment in West-Jersey under the proprietors : The first laws they made : The method of regulating land affairs ; and a further account of the Indians found in the first settled parts of these provinces. P- 126 CHAP. IX. Another ship arrives at West-Jersey : Proceedings of the general assembly of West-Jersey : Sir George Carteret's death : Conveyances to the twelve Eastern proprietors : Their proposals and regulations in several respects; particularly in disposing of lands and building a town at Ambo point : The twelve proprietors each take a partner, and thence are called the twenty-four ; to whom the duke of York makes a third and last grant : The twenty-four establish the council of proprietors of East-Jersey, on the fooling it now is: A general view of the improve- ments in East- Jersey in 1682: A compendium of some of the first laws passed at Elizabeth- Town : Doubts started whether the govern- ment of West-Jersey was 'granted with the soil : Jenings continued governor of West-Jersey : And laws now passed there. p. 150 CHAP. X. Robert Barclay appointed governor of East-Jersey, and T. Eudyard deputy: Letters from Rudyard, S. Groome, Lawrie, and others, con- cerned in that settlement. p. 166 CHAP. XI. Manner of the West-Jersey government in 1684 ; their unsettled state and succession of governors : Danger of suffering for want of food in 1687 : The division line run by G. Keith ; an agreement between the governors Coxe and Barclay : Alteration in themanner of locating lands in West Jersey, and the method now in use fixed : No person in West-Jersey to purchase from the Indians, without the consent of the council of proprietors : And instructions respecting deeds and warrants for takinq up lands. P- 189 CHAP. XII. A flood at Delaware falls : Death and character of Thomas Olive, Thomas Gardiner and John Woolston ; Commotions in East and West Jersey : Surrender of the two governments to queen Anne : Her acceptance thereof; and her commission to lord Cornbury. p. 208 CHAP. XIII. Instructions from queen Anne to lord Cornbury. p. 230 CHAP. XIV. Observations on lord Oornbury's instructions, and the privileges origi- nally granted to the settlers ; with abstracts of some of them. p. 261 CHAP. XV. Lord Cornbury convenes the first general assembly after the surrender^: His speech, their address, and other proceedings : Queen Anne's proclamation for ascertaining the rates of coin : Cornbury dissolves the CONTENTS. ix the assembly, and meets a new one to Aw mind: Their proceedings and dissolution : A summary of the establishment and practice of the ■council of proprietors of We^t-Jer^ey : Another assembly called ; who remonstrate the grievances of the province. p. 275 CHAP. XVI. Lord Cornbury^s answer to the assembly's remonstrance p. 296 CHAP. XVII. The assembly's reply to lord Cornbury's answer to their remonstrance. p. 311 CHAP. XVIII. Memorial of the West-Jersey proprietors residing in England, to the lords commissioners for trade and plantations : The lieutenant governor, with some of the council, address the queen : The last meeting of assembly under Cornbury's administration : They continue their com- plaints : Samuel Jenings's death and character. p. 336 CHAP. XIX. Lord Lovelace arrives governor : Convenes a new assembly ; they apply to him for a hearing on the subject of the lieutenant governor and council's application to the queen : His death ; is succeeded, by the lieutenant governor Ingoldsby : The first paper currency: Arrival of governor Hunter : A short account of the first expedition to Canada: A new assembly chosen: Their first sessioyi wi Hunter's time. p. 355 CHAP. XX. Representation of the general assembly to governor Hunter and his answer. p. 375 CHAP. XXI. A. session of general assembly : A second expedition to Canada : Electing of a new assembly : They quarrel : Some members designedly absent themselves: Expell'd the house: Several of them again returned, and refused seats : A fruitful session at Crosswicks : Last session in Hunter' s time : An act passed for running the division line between Easu and West-Jersey : William Burnet arrives governor : An un- ■common wet harvest : Governor Burnet meets a new assembly, p. 399 CHAP. XXII. Occurrences since the year 1721. p. 419 CHAP. XXIII. The present state of Indian affairs in New- Jersey. p. 440 CHAP. XXIV. A short geographical description of the province ; and additional view of its present state. p. 485 APPEN- CONTENTS. APPENDIX. Numb. i. The concessions and agreements of the lords proprietors of the province of New Ccesaria, or New- Jersey, io and with alt and every of the adventurers, and all such as shall settle or plant there. p. 512 Numb. ii. The concessions and agreements of the proprietors, freehold- ers and inhabitants of the province of West New Jersey, in America. p. 521 Numb. ni. A brief account of the province of East-Jersey, in America, published by the present proprietors, for information cf all such persons vtho are or may be inclined to settle themselves, families and servants, in that country, p. 539 Numb. IV. Governor Coxe's narrative relating to the division line, directed to the council of proprietors of West- Jersey. p. 546 Numb. v. The council of proprietors of West-Jersey to governor Bur- net, p. 551 Numb. yi. Reasons and proposals for an amendment of the quinti- partite line, and the act made for the confirmation thertof. p. 554 Numb. VII. Minute of the council of proprietors, held at the city of Perth-Amboy, August 17, 1742. p. 555 Ncmb. VIII. Tiie remonstrance and humble petition of the inhabitants of East New-Jersey. p. 558 Numb. ix. The memorial of the proprietors of East New- Jersey. p. 560 Numb. x. Opinion and answer to the lord commissioners, <&c. p. 562 Numb. xi. Memorial of the East Jersey proprietors to the lords of trade. p. 564 Numb. XU. The petition of the proprietors of East and West Jersey, to the lords justices. p- 565- Numb. xiii. Representation of the lords of trade to the lords justices. p. 56& Numb. xiy. The memorial of the proprietors of East and West Jersey. p. 570 THE THE PREFACE. ALTHOUGH among the following Papers there are some of consequence in point of interest to most concerned in the province of New-Jersey, several of them were not to be found on record in the publick offices, severed were scattered in different provinces, others could not be easily obtained, some tho' in print formerly were in but few hands, some never made publick, and many in danger of being lost ; on this account what- ever success may attend this undertaking as to the general design, or disposition of the facts. His some satisfaction, that the labour of collecting them cannot be altogether useless. Whoever will be at the trouble of an enquii^y into the general inexperience and methods of colonizing formerly, especicdly at the time tlie settlements here were first attempted under grants, will find but little reason to doubt, that views of permanent stability to religious ami civil freedom, must have been the inducement to tJie original adventurers to think of such a voyage. The New- England governments had before been considerably settled from motives of a like kind ; these, tho' near forty year's Icder in their removal, were also protestant dissenters, and involved in the general insecurity, that such wiUi reason appre- hended in the reign of king Charles tlie second ; and the actual sufferings of many, through the mistaken policy of that time, merely for a free exercise of their religious seati- 11 metits xu PEEFACE. merits, with their own accounts of their removal, renders it as to them indisputable; and in this, as they do not appear to have been charg'd with any indii'ect violation of religious integrity, so no instance occurs of dissatisfaction among themselves, tho' many of them were remarkably lender on that head ; with the motives above, some of them had without doubt, a distant prospect also of improving their estates ; but this could not be the case so mu/ih at first as afterwards. However smooth the passage may look now, it must be a reasonable supposition, that persons and families, who lived well {which was the circumstance of many of the settlers of this province) found it no inconsiderable trial, to unsettle and remove 3000 miles ; besides parting with the usual connections of friendship and neighbourhood, it was in a great measure an unprov'd experiment ; and then much out of the common course of things : The navigation also to this paii of the continent, for want of experience, looked diJicuU, and the wilderness formidable ; but what- ever were their motives, they successively encountered the hazards and hardships to which the enterprize was eccposed; and, at their own expense, by the blessing of divine providence on their labour, fnigality and industry, laid the foundation for the present improvement of terri- tory to the mother country; which, tho' not in many respects to be compared to colonies of greater extent and growth, is nevertheless a link in the chain of some consi- derable importance. That a century should pass, ana very little appear abroad of what the settlers here have been dovng, is not 80 much to be wondered at, when their difUculties in proom-ing PREFACE. xiii procuring the conveniencies of living are considered; but this will Jiardly be allowed, when the too general negligence as to particular rights of indimduals, and the reputation of civil policy comes in question : Till jery lately, a variety of matters of that kind, were as much secrets to most of the inhabitants, as they commonly are to strangers ; and yet in many parts of the province, are justly made the subject of general complaint. Whether the endeavours here used for bringing these into one historical view, will sufficiently answer the pur- poses of a more general information, must now be submitted to experience ; they were undertaken with hopes of service to the province, and if found but in a small degree con- tributing to that, the end is so far answered : With this view, they were several years since designed for the publick, and nearly prepared ; but other occasions inter- fering, necessarily delayed, their appearar^ce, much longer than was expected. Being sent to the press sometime in the last spring, no transaction that hath happened since,, could be included, or is in any respect alluded to : On a continuation, these will of course follow in their places. To a collection principally intended to consist of a plain state of facts, much need not be premised ; this may with justice be said, that through the whole, the strictest impartiality has been attended to, and if in other respects executed according to intention, they are offered to the publick, with as few material omissions, as the present opportunities of collecting would allow ; yet the diffidence attending an attempt from papers in great part not used before on the like occasion, ivould plead for some allowances as a few mistakes, especially in dates, and other minutice, among xiv PREFACE. ainong the smaller facts, may have escap'd, notwith- standing an assiduous care to avoid them ; but these it is hoped will not be found so considerable, as to obstruct the service intended. As nothing is aim'd at, more than a fair and candid representation ; any friendly hints, or materials necessary either for correction or improvement, will be thankfully received, and Uie first opportunity embrac'd to apply them nccordingly. »> Burlington, 1 oth October, 1765. J THE HISTORY O F New-Jersey. CHAP. I. A brief view of the discovery of America, and of the present 'prevailing opinion rcspjccting the manner it originally became peopled. ^§^^1^%^ HE first effectual discoverers of j^gg." (^ ^ America among the moderns, were c^. nn ^ Cliristophoro Colon, or Colombo, Ssj I Ht . . . f ^ and Araerico Vespucci, or Vesputius ; «^s!? B^ of these the former is supposed to #f!i^||l^^^ have been a Genoese by birth, the other a native of Florence: From him the new world took its name, yet his history in other parti- culars is too intricate to afford much satisfaction.** That a. He made two voyages in 1497 and 1498, in the service of Spain: Another in 1501, in the service of Portugal: In the first he fell in among the Caribbee islands ; and the last with three ships arrived to and discovered the eastern continent of America, in five degrees of south latitude. "America is a more common than fitting name, seeing Americas " Vespucias the Florentine, from whom this name is derived, was "not the first finder nor author of that discovery: Columbus will "challenge that, and more justly, with whom and under whom " Americus made his first voyage; howsoever after that he coasted "a great part of the continent which Columbus had not seen, at " the charges of the Castilian and Portugal kings; but so it might "more rightly be termed Cabotia or Sebastiana, of Sebastian Caltot, A "a 2 TfiE HISTOKY A. p. That of the first under the well-known name of Columbus Christopher Columbus, is readily traced; with him therefore we begin, as the person principally con- cerned in the discovery. He had applied himself to the study of astronomy and geography, and very early appeared to have a more than common desire to understand the state of all countries upon the face of the globe, and to make new discoveries ; which probably was his reason for settling at Lisbon, no nation having push'd their discoveries further than the Portuguese at that time; here he employed himself in drawing maps and charts, and preparing himself for future enterprizes. He married and settled in Lisbon, was of a good family, a grave and temperate man, b. of competent learning, studious in the mathematicks, and from his youth bred to navigation. What the particular motives were that induced him to search after this new world, are not certainly , known ; some attribute it to informations he had received, others to his skill in the nature of the globe ; that this made him conclude it probable there must .be a great tract of land to the ^vestward of Spain, V that it was not to be imagined the sun when it set in that "a Venetian, which discovered more of the continent than they "both, about the same time, first employed by king Henry the "seventh of England. — Columbus yet as the first discoverer deser- "veth the name, both of the country for the first finding, and of "modesty,, for not naming it by himself, seeking rather efiects "than names of his exploits." Purchas's Pilgrim, p. 792. h. His son who wrote his history, says, he was moderately tall and long visaged, his complexion a good red and white, that he had light eyes, and cheeks somewhat full, but neither too fat nor too lean; that in his youth he had fair hair, which turned grey before he was thirty years of age ; that he was moderate in eating and drinking, affected a plain modest garb or dress ; that he was naturally grave, but affable to strangers, and pleasant frequently among his domestics, strict and devout in religious matters, and tho' a seaman, was never heard to swear or curse. Of NEW-JERSEY. I that horizon gave light to nobody : Whatever gave A. D. rise to the project, a discovery he resolved to attempt, and Deing unable to do it at his own charge, he first oftered his service to the Genoese, next to the king of Portugal; not meeting with encouragement from either, h« sent his brother Bartholomew to England, sends his to jffer his service to Henry the seventh : King Henry Bartholo- approved his proposals; but the brother on his return I?l^^^ ^^ .. being taken by pirates, and Columbus receiving no answer, left Portugal and went to Spain : On his application to Ferdinand and Isabella, king and queen of Castile and Arragon, he succeeded so well, that in the year 1492, they provided him with money, and entrusted him with three small ships for the expedition ; he also obtain'd a grant from them to be admiral of tlie western seas; all civil employments as well as governments in the continent or world to be discovered were to be wholly at his disposal ; and besides the revenues of the posts of admiral and vice-roy, he was to enjoy a tenth of all the profits arising by future sails with conquests; his little squadron manned only with ninety men set sail from Palos for the Canaries the third of the month called August, 1492, and arriving at those islands the twelfth, sailed from thence the first of September, upon his grand design : he had not sailed a fortnight to the westward before his men began to murmur at the enterprize; they observed the wind constantly set from east to west, and apprehended there would be no possibility of returning if they missed the land they were made to expect ; on the nineteenth observing birds to fly over their ships, and on the twenty-second weeds driving by them, they began to be better satisfied, concluding they were not far from land : they continued their course several days farther westward, and meeting with no land, the seamen mutinied to that degree, that they were almost ready 4 The HISTORY A. D. ready to throw the admiral overboard, and return 1492. . . home, when happily for him they saw more birds, weeds, pieces of boards, canas, and a shrub with the berries upon it, swim by them, which made them conjecture there must be islands thereabouts: It was on the eleventh of October, about ten at night, that the admiral first discovered a light upon the island of His first Guanahani,c- or Si. Salvador, as he named it, in con- sideration that the sight of it delivered him and his men from the fear of perishing: It is one of the Bahama islands, about fifteen leagues long, in the north latitude of 15 degrees.^- Day appearing, the ships came to anchor very near the island ; the natives crowded the shore, and beheld the ships of these new comers with astonishment, takifig them for -living creatures.^- The admiral believing there was no great danger to be apprehended from them, went ashore in his boat, with the royal standard, as did the other two ■captains, with their colours flying, and took possession of .c. A bay or harbour of sea or water. d. All that is commonly remembered of the sailor who first ■discovered land, is, that expecting some great reward from the king of Spain, and disappointed, he took it in his head in a rage to renounce Christianity, and turn'd Mahometan. e. One of the River Indians, in his speech at the treaty of Albany, 1754, relates the surprize of their forefathers at tlie sight of the first ship that came up the North river in the same manner; his speech so far as relates to this subject was as foil o wet h : 'Fathers, we are greatly rejoiced to see you all here; it is by 'the will of heaven that we are met here, and we thank you for 'this opportunity of seeing you altogether, as it is a long while ''since we had such a one: Fathers who sit present here, we will 'just give you a short relation of the long friendship which hath "'subsisted between the white people of this country and us: our ■'forefathers had a castle on this river; as one of them walked out ■'he saw something on the river, but was at a loss to know what ■^ it was ; he took it at first for a great fish ; he ran into the castle, 'and gave notice to the other Indians; two of our forefather* ' went to see what it was, and found it a vessel with men in it ; ■* they immediately joined hands with the people in the vessel, and ■* became friends.' Of new- jersey. of the country in the name of the kinsr and queen of A. D. T • • 149"' Spain with great solemnity ; the Indians mean while stood gazing at the Spaniards without attempting to ■oppose them. The admiral ordered strings of glass beads, ■caps and toys to be distributed among the natives, with which they seemed much pleased : The principal orna- ment about them was a thin gold plate in the form of a crescent, hanging from the nose over the upper lip ; the admiral demanding by signs, whence they had their gold plates, they pointed to the south and south-west; he rowed in his boats about the island, to discover if there was any thing worth his settling there, followed by the natives every where, who seem'd to admire him and his people as something more than human : From this island coasting southward 180 leagues, he arrived at another, which he called Hispaniola, where discovers his own ship striking on a hidden rock was lost; he ^i^'P^'^o- and his crew were taken on board one of the other vessels ; landing here, the natives, instead of behaving as the others had done, fled from him ; but taking one of their women, treating her kindly, and then letting her go back among them, she brought num- bers to traffick, who seem'd very peaceably dispos'd; and by some means, or other finding there were gold mines in this island, Columbus, aided by the natives, built a fort, left thirty-nine men, with provisions for a year, seeds to sow, and trinkets to trade with the natives : After discovering a good part of the north and east coast of Hispaniola, trading with the Indians in diverse place, and near three months stay in the island, he bent his course homewards, and arrived at reiurns. Palos, in Andalusia, early in the spring 1492, 3 ; 1493. having perform'd the voyage in seven months and eleven days: Here the people received him with a solemn procession and thanksgiving for his return, most of his seamen belonging to that port; ti .ving and The history A. D. 1493. Cabot's 1497. adrenture. finds Greenland and New- foundland and queen of Spain being at Barcelona, wlien the admiral drew near the city, the court went out to meet him ; he was receiv'd with the honors due to a sovereign prince: Having given an account of his voyage, he begged to be equipped according to the dignity of his character of admiral and viceroy, that he might plant colonies in the places he had thu& discovered, which was readily granted ; and he after- wards made diverse other voyages to America./- The fame of the discovery, and of the rich cargoes brought to Old Spain at several times from thence, being spread through &ther nations, gave rise to other adventurers. The next attempt was made by Sebastian Cabot, a Venetian by extraction, but born in England, and being much given to the study of navigation, and well skill'd in cosmography, he believed there might be a passage found by the north-west to the East Indies shorter than that lately discovered by the Cape of Goodhope ; he made Interest with Henry the seventh of England, who fitted out two ships to make the discovery. In 1497, Cabot sailed from Lisbon, in the begin- ning of summer, and steering his course north-west, came up with land about 60 degrees north latitude, supposed to have been Greenland ; 9- but perceiving- the land still run north, he changed his course, in hopes of finding a passage in less latitude. About the 50th degree, he saw that which is now well known by the name of Newfoundland : Here he took three of the natives, and coasted southward to the latitude of 3a /. He died in the city of Validolid in Spain, in the spring 1506, and was buried in the cathedral of Seville, with this inscription on his tomb, that Columbus had given a new world to Castile and Leon. g. This country is considered as part of the American continent,, both by Hornins and Grotius. Grotius apud Horn, de orig. Gent, American, Lib. iii. c. 5, 6, pa. 149, 162. ut et ipse Horn. ibid. Of new -jersey. S8 degrees; (about Maryland) his provisions growing A. p. scarce, and no supplies there to be expected, he re- turn'd to England, where the natives he brought lived a considerable time.'^- From this voyage and discovery made by Cabot, the English have claimed the country ever since, from the well known Jus Gentium, Law OF Nations, that whatever waste or uncultivated country is discovered, it is the right of that prince who h. ' King Henry vii. comnaissloned John Cabot (5th of March, ^ in tlie eleventh year of his reign) and his three sons, to sail in 'quest of unknown lands, and to annex them to the crown of ■'England; with this clause, which before this time have been un- ' hi own to all christians. His first essay as related by sir Humphry ■* Gilbert, who was employed in the like service afterwards by 'queen Elizabeth, was to discover a north west passage to Cathay "' or China ; in which voyage he sailed very far eastward, with a ' quarter of the north, on the north side of Terra de Labrador, ■^ till he came into the north latitude of sixty seven degrees and a ■'half In his next voyage, which was made with his son Sebastian, ^in the year 1497; he steered to the south side of Labrador, and 'fell in with the island of Baccalaos, which is Newfoundland, and 'took possession both of that island and all the coast of the north 'east part of America, as far as Cape Florida; which he also by ■•landing in several parts of it, claimf>d in the name of his master, ■' the king of England. 'In the memory of this discovery, and by way of eviaence, there ' was a map or chart of the whole coast of North-America drawn ■'by Sebastian Cabot himself, with his picture and this title. Effigies ''Seb. Caboti Angli, Filii Jo. Caboti, Venetiani, Militis Aurati, ■^&c. and with the following account of the discovery above men- ' tioned, "In the year of our Lord 1497, John Cabot, a Venetian, and "his son Sebastian (with an English fleet) set out from Bristol, "and discovered that land, whicli no man had before attempted. " This discovery was made on the 24th of June about five o'clock "in the morning. This land he called Prima Vista (or the first "seen) because it was that part, of which they had the first sight "from the sea. It is now callcvl Bonavista. The island, which lies "out before the land, he called the island of St. John, probably " because it was discovered on the festival of St. John Baptist." 'This map was hung up in his Majesty's privy-gallery at White- 'hall; and, it is to be feared, the nation was deprived of such a 'valuable testimonial of their American title to the whole coast of 'North- America, by the fire which destroyed that gallery in the 'late King \Villiam"'8 reign". Entick's Gen. Hist, of the late war. Vol. I. p. 168, &c. The history A.D. 1497. Pheni- cians. Egyptians and Car- thaginians. who had been at the charge of the discovery .'"• This- from universal suffrage gives at least a right of pre- emption, and undoubtedly must be good against all but the Indian proprietors.^- We have seen that in the discovery of North and South- America, inhabitants were found at the places touch'd at ; in all probability they were as plentifully dispersed throughout the different countries of Ame- rica; but how these people originally came there, is a question not easily solved ; tho' it has for above two centuries, been the sul^ect of much enquiry, it is not yet arrived at a decision.'- All therefore that can be done, is to give a short view of the most probable- conjectures that have been hitherto offered. It is not unlikely the new world was known to the Phenicians, even a considerable time before the days- of Plato; who in all likelihood found but few (if any) inhabitants there ; that they contributed towards- the planting of it, we have some reason to believe, as they are supposed to have made three voyages thither ;; however that colonies from other nations crossed the Atlantick, and landed in America, cannot be well denied ; neither the Egyptians nor Carthaginians are supposed void of some traditional knowledge of Ame- rica, since they are believed"*- to have communicated such. i. Grotius de jure belliac pacis, Lib. 2. Cap. 2. Sect. 17. Molloy de jure Mar. 422, 423. Justinian Inst. Lib. 2. Tit. ]. Sect. 12 & 22. k. Lex Mercat. 156. Molloy ut supra. /. If we are not astonished (says Voltaire) that the discoverers found flies in America ; it is absurd to wonder that they should meet with men. Univ. Hist. If European wliites, and African negroes^ are not descended from the same original stock ; a supposition con- fessedly adopted by the celebrated historian, (it must be allow'd) easy to come to a decision in the present case. m. Perizonius and Cellarius seem to have inferr'd from thence, that the new world was not entirely unknown to the remoter age» c' antiquity. Of new-jersey. such knowledge to other nations : which if we admit, A. D. . . 1497. it follows, that some of the ancient Egyptians and Carthaginians had been there, and contributed to- wards peopling the continent, as well as the Phenicians. The Author of the book de Ilirabilibus Audit, sup- posed to be Aristotle ; expressly asserts the Carthagi- nians to have discovered an island beyond Hercules's pillars, abounding with all necessaries, to which they frequently sailed ; and there several of them even fixed their habitations; but the senate, adds he, would not permit their subjects to go thither any more, lest it should prove the depopulation of their own country .'i. Several of the original American nations we are told, rent their garments, the more effectually to express their grief on any malancholly occasion ; the Hebrews, Persians, Greeks, Sabines, and Latins, according to various authors, did the same; from whence some may possibly imagine, that those Americans deduced their origin from one or more of those nations; but this is too slender a foundation for such belief: o- So that Menasseh Ben Israel, appears to have wrongly concluded from thence, that the Israelites were the pro- genitors of the Americans. Theophilus Spizelius seems to have refuted this opinion : Though the Pheni- cians, Egyptians and Carthaginians, might have planted some colonies, yet the bulk of the inhabitants must certainly have deduced their origin from another part of the world : Had the Phenicians and Egyptians peopled n. Aristot de mund. o. 3. et de Mirah Audit. Christ. Cellar, ubi supra, pa. 253. Jacob Perizon in JElion. Var. Hist. Lib. 111. c. 18. 0. "William Penn, in his letter to the committee of the free society of traders in London, ii, 1683; gives a short sketch of his opinion, touching the origin of the Indians here, whom he imagines to be of the stock of the Jevf/', that after the dispert'ion of the ten tribes emigrated through the eastermost parts of Asia, to the westernmoBt of America. 10 TheHISTORY A. D peopled even a considerable part of America, it would scarcely have been taken so little notice of by the antients; even supposing those nations had industriously endeavoured co conceal their western discoveries ; for in such case, there luust have been a constant corarauni- cation kept open between America, Egypt, and Pheni- cia, and a very extensive trade carried on : so that many particulars relating to the new world, must necessarily have transpired ; nor could even the sailors themselves, who navigated the Phenician ships, have omitted divulging many accounts of what they observed on this continent ; some of which would undoubtedly have been transmitted to us. That therefore, the Americans in general, were descended from a people who inhabited a country not so far distant as Egypt and Phenicia, must be admitted : Now no country can be pitched upon so proper and convenient for this purpose, as the north-eastern part of Asia, particularly great Tartary, Siberia, and more Kamis- especially the Peninsula of Kamtschatka ; that proba- bly was the trace through which many Tartarian colo- nies passed into- America, and peopled the most consi- derable part of it. This however, seems the most pre- vailing opinion. There is great reason to believe, that some of the western provinces of JSTorth-America, must either be continuous to, or at no great distance from the north- eastern part of Asia ; which, we are not yet informed ; but it is probable east of Kamtschatka, there is an immense tract approaching to North- America, and that to this day, there remains at least a kind of com- munication between them, by means of a chain of islands ; it may also be supposed that Asia and A merica, were formerly connected by an isthmus, which might have been destroyed by an earthquake : such a supposi- tion may be supported by the authority of those writers O F N E W - J E R S E Y . 11 ■writers who have rendered parallel instances credible, A. D. . . . 1749. such as the disjunction of Britain from Gaul, and Spain from the continent of Africa : A communication between Asia and America, seems agreeable to truth, not only from what has been advanced by Reland, but from the discoveries made by the Russians ; an account of which we find in the publick prints of the year 1737, and since: According to these, some of the Czarina's subjects have touched at several islands, which lie at a distance in the eastern direction from Japan and Kamtschatka, and consequently between those countries and America. The people of these islands, in some points are said to resemble the Japanese, and to use pieces of money Avith characters not unlike those of Japan. Leonard Enler, professor of mathematicks, and member of the imperial society at Petersburgh, seems to imagine, that the north-eastern cape of Asia, discovered by capt. Behring, is not thirty degrees off the last known head-land of California; but the ingenious Dobbs, governor of North-Carolina, places them at a much greater dis- tance : Be that however as it may, that the sea between the most north-eastern coast of Asia, and the most western part of California, allowing such a sea to California, exist, is interspersed with many islands, at no great distance from each other, may be very naturally sup- posed ; nay, if any credit may be given to the advices lately received from Petersburgh, the connection of Asia and America, or at least the communication between them, by means of such islands, is as good as discovered. That part of America next to Asia, is said to be much more populous than the remoter eastern pro- vinces or kingdoms; which is a manifest indication, that this was first planted, by colonies coming from the nearest parts of Asia, who settled here, and Asia. afterwards 12 The HISTORY A. D. afterwards spread themselves gradually over the new- world ; from whence we may conclude, that the bulk of the Americans are descended from the Tartars^ Siberians, and people of Kamtschatka. The people inhabiting the extreme north-eastern part of Asia, entirely want horses, those animals not being able to live in so cold a region ; it seems to be agreed, that no horses were found in America, at the first discovery of it; for that in several places, the natives used rein deer and large mastiff dogsP instead of them, as many of *the posterity of the antient most northern Scythians or Tartars did. The Epicerini, a people of Canada, when the Europeans first came among them, asserted, that very far from them, in a western direction, there lived a nation, who affirmed that foreign merchants, without beards, in great ships, frequently visited their coasts : we are also told, that in Qiiivira. Quivira, several ships have been found, whose sterns were adorned with silver and gold, which was a dis- tinguishing characteristick of the Chinese and Japanese ships, according to some good authors : That some Chinese vessels of considerable force, were found wreck'd in the Mare del nord, above Florida, which might have been the same with those seen at Quivira, we learn from Ancosta. In Quatulia too, a tradition pre- vailed, intimating that foreign merchants after a long journey from the westward, arrived there, and that these merchants were cloathed in silk : From whence we may collect, that the Chinese visited America, and communicated some of their customs to the people of that country, ? especially as the Chinese manner of writing p. Some of the back Indians beyond Detroit, now make use of dogs to draw wood and other matters on sleds. q. The people (says M. de Guignes, in a memoir upon the ancient navigations of the Chinese to America) whom we have always be- lieved to have been confin'd within the bounds of their own country, penetrated. Of NEW-JEESEY. IS ■writing iu Hieroglyphics, sufficiently agrees with the A. D. American dialect. We learn from Hornius, the Hunns, or at least a branch of that people, placed in the farthest part of Asia, had the appellation of Cunadani, or Canadani, from Cunad, a place not far from the sea, where some of them had their situation ; hence \ye find a city in the upper Hungary, built by their descendants, denominated Chonod, or Chunad, the inhabitants of which, and those of the neighbouring district, still retain the name of Chonadi, or Cunadi ; from these Hornius believes the natives of Canada to Canada. have deduced both their origin and denomination. No penetrated into America in the year 458 of the Christian sera. That they went thither by Japan and the countries of Ven-chin and Ta- han. By considering what the Chinese geographers say of the distance and productions of these remote regions, he proves that Ven-chin is Jesso or Yedzo, and that Ta han is the most eastern part of the north of Asia. From thence the Chinese sailed towards the east, and fell in with the country of Fou-sang, which, according to the Chinese distances, should lie to the north of California. He gives us, from the annals of China, a short account of the manners of the inhabitants of Fou-sang ; he informs us further, that several islands in the south sea were known to the Chinese; and also that coast which John de Sama discovered in his passage from China to Mexico, To give a more exact idea of these navigations, M. de Buache hath constructed a chart, on which he hath traced with a great deal of accuracy, the route of the Chinese, and noted the distances of the several countries. By this chart it appears, that the geography of these parts, taken from the ancient books of the Chinese, agrees very well with the late discoveries of the Russians. To this chart is added part of another ancient chart drawn by the Japonese, in which are laid down the north of Asia, and all the western coast of America, according to the knowledge they had of it. This conti- nent there appears entirely terminated on the side of Asia, and we there see the isles which have been lately known to the Russians only ; and this proves the truth of the former Japonese discoveries. This chart was brought from Japan by the celebrated Kempfer, and afterwards lodg'd in the cabinet of the deceased Sir Hans Sloane, president of the royal society of London, who sent a copy of it ta M. de Guignes. After having determined the situation of all the countries to the east of China, M. de Guignes remarks, that Chr. Columbus was not the first who attempted discoveries towards the west : Long be- fore 14 The HISTORY A. p. No small accession of strength will be brought to the opinion before advanced, with respect to the peopling of America, by one particular incident, mentioned in a short narrative of the late discoveries of the Russians. They found peopled, as should seem, captain Behring's new land before mentioned, above fifty German miles to the east of Kamtschatka; for coming to the entrance of a great river, he sent his boats and men ashore, but they never returned, being probably either killed or detained by the natives ; nay/ the lore liim, the Arabians, whilst tliey were masters of Spain and Por- tugal, enterprized the same tiling from Lisbon ; but after having advanced far lo the west, tliey were obliged to put back to the Canaries ; there they learnt that formerly the inhabitants of these islands had sailed towards the west for a month together, to discover new countries. Thus we see, that the most barbarous people, with- out the knowledge of the compass, were not afraid to expose themselves to the open sea in their slight small vessels, and that it was not so difficult for them to get over to America, as we imngine. These researches, which of themselves gives us a great insight into the origin of the Americans, led M. de Guignes to determine ithe rout of the colonies sent to this continent. He thinks the greatest part of them passed thither by the most eastern extremities of Asia, where the two continents are only separated by a narrow streight, easy to cross. He reports instances of women, who from Canada and Florida, have travelled to Tartary without seeing the ocean. ' The commerce of the Chinese would naturally open a way to America, augment the number of the inhabitants, and contribute to polish them. On this occasion M. de Guignes observes, that the most civilized nations of the American continent are situated on the coast which looks towards China, and that they come originally from the north of America, i. e. from the neighbourhood of tliose ■coimtries where the Chinese landed, as Quivin and New Mexico, whence the Mexicans came to settle in Mexico, properly so called, after having expelled the ancient inhabitants. M. de Guignes cites some authorities, which give us reason to believe, that the streights of Magellan were known to the Chinese, and that the Coreans had a settlement in Terra del Fuego. These navigations of the Chinese, and of the most uncivilized nations, incline him to believe, that the people dispersed in the isles to the south of the Indies, after having multiplied, migrated from island to island, and by means of that chain of islands which reaches al- most to America, insensibly approached that continent. The exam- ple of the inhabitants of the Canaries gives a probability to this •conjecture. Gentleman's Magazine, 1753, p. 607. Of XEAV-JERSEY 15 the publick prints in October, 1737, mention some A. D. particulars relating to the inhabitants of certain islands between Kamtschatka,'- Japan, and America, which seem to carry with them an air of authority. This will amount to a fair presumption, that the islands or con- tinent between Kamtschatka, Japan, and California, still unknown to the Europeans, are likewise inhabited ; and if so, that tliose inhabitants must have advanced gradually, from Tartary, Japan, and Kamtschatka to the places wherein they are fixed : From whence we may infer, that even the natives of California, and the adjacent parts of America, took originally the same route ; for that Tartary, and Japan, must have been peopled before America, as lying nearer to the land of Shinar, where the whole race of mankind wa& assembled before the dispersion, will admit of no dispute ; and that America should have received many colonies from such neighbouring countries as Tartary,. Japan, and Kamtschatka, whether they are continuous or contiguous to it, or connected with it, by some intermediate continent, chain of islands, &c. is very natural to supposes- So that from the tract lately discovered to the east of Japan and Kamtschatka, and the people settled there, we may infer the probability of America's being planted in part by colonies drawn from the north-eastern regions of Asia ; for by such dis- Asia^ covery, a nearer approach is made from Japan and Kamtschatka, r. The new history of Kamtschatka, lately published in the Russian language, and translated into English by J. Grieve, M. D. gives a particular description of the customs and way of living of the inhabitants there, which agrees in several particulars, and in the whole manner seems not very different from the original customs of the North American Indians. For a brief account of this history, see Monthly Review, vol. 30, p. 282. 8. Vide a memoir of M. Le Page du Pratz, containing an account of the travels of Moncacht-ape ; a civilized Indian of Louisiania^ to the north-west parts of America, Oent. May. for Sept. 1753. 16 The HISTORY A. D. Kamtschatka, to the coast of California : and from this 1497. , ' . .-,•!. approach, a presumptive argument is drawn in lavour of the opinion here advanced. But it is time now to proceed to other matters : Such as may incline to see the subject further discussed, are for brevity's sake, on a point not material enough to dwell long upon here, referred to the Univ. Hist.*- Whence many of the arguments on this head, are selected ; and where the inquisitive reader, amidst much of the incredible, (with which it hath been usual to load the subject) will find convincing proofs ip favour of what is here*proposed. Although the English had very early made the discovery of North- America, a considerable time elapsed before any advantages accrued : Sir Walter 1584. Raleigh, in 1584, was the . first English'man who SirWnUer attempted to plant a colony in it."- In this year he patent. obtained a patent from Queen Elizabeth, for him and his heirs, to discover and possess for ever, under the crown of England, all such countries and lands as were not then possessed by any christian prince, or inhabited by christian people: — Encouraged by this grant, Raleigh and other partners, at divers times, fitted out ships, and settled a colony at Roanor,^- in Virginia; but notwithstanding various attempts, they met with such discouragements, that no great improve- ments were made until some time afterwards. 1606. In the year 1606, King James, without any regard to Raleigh's right, granted a new patent of Virginia ; in which was included New-England, New- York, New- i. Vol. XX, Lond. Edit. 1748, pa. 157. V. That is a regular colony under grants — 'Sir Armigell Wadd, 'of Yorkshire, clerk of the council to Henry viii. and Edward vi. ' and author of a book of travels, was the first Englishman that made 'discoveries in America.' H. Walpole's anecdotes of painting, vol ii. Catalogue of engravers, p. 18, 19. A note. X. Now Roanoke, in North-Carolina. O F N E W - J E R S E Y . 17 ZS^ew- Jersey, Pennsylvania, and Maryland ; from A. D. queen Elizabeth's time to the time of this patent, the whole country bearing that name, which was given it by Raleigh, in honour of his virgin mistress, as some say ; others have it that it took its rise from the country's not being settled before. The patentees Patenteea. were sir Thomas Gates, sir George Summers, Richard Hackluyt, clerk, Edward Maria Wingfield, Thomas Hanhara, and Raleigh Gilbert, Esqrs. William Parker, George Popham,y- and others : The extent of the land granted, was from 34 to 45 degrees of north latitude, with all the islands lying within 100 miles of the coast. Two distinct colonies were to be planted by virtue of this patent, and the property ascertained in two different bodies of adventurers : The first to belong to Summers, Hackluyt, and Wingfield, under title of the London adventurers, or the London company; and was to reach from 34 degrees to 41, with all lands, woods, mines, minerals, &c. The other colony was to reach from the end of the first, to 45 degrees, granting the same priviledges to Han- ham, Gilbert, Parker, and Pophara, under the name of the Plymouth company, with liberty to both colonies to take as iliany partners as they pleased ; for- bidding others to plant within those degrees, without their licence; only reserving the fifth part of all gold and silver mines, and the 15th part of copper, to the use of the crown. By virtue of this grant, the London company fitted out several ships with arti- ficers of every kind, and all things requisite for a new settlement; which sailed for America, and planted a colony there; but in the year 1623, there were so many complaints made of bad management, that on 1623. enquiry a Quo warranto was issued against the patent ; and y. L. C. J. of England. 18 The HISTORY A. D. and after a trial had in the kino-'s bench, it waa declared forfeited ; 2- since which time Virginia has been under the immediate direction of the crown. In tiie same year the patent was granted, the Ply- mouth company also attempted to make a settlement ^ but with no great success, until about the year 1620, when they sent a fresh recruit from England, under the command of capt. Standish, who arrived at Cape Cod in the latitude of 42 degrees, and having turned the cape, found a commodious harbour opposite the point, at the mouth of the bay, at tiie entry of which were two islands well stocked with wood : Here they Plymouth. built a town, Avhich they called Plymouth. About this time the colonies in New-England were much augmented ; multitudes of dissenters thinking this a good oportunity of enjoying liberty of conscience, offered their service to the Plymouth company ; and the grand patent being delivered up to the king, otiicr pat- particular patents were granted to the Lord Musgrave, ed.^ ^ ^ ' ^'^^ duke of Richmond, the earl of Carlisle, the lord Edward Georges, and new colonies were planted in diverse places. CHAP. z. Other accounts say, the patent was dissolved by the king's proclamation, in 1(324 ; and that tho' a quo warranto was issued against it, no determination followed in the courts of justice. Of NEW-JERSEY. 19 CHAP. II. An account of the country on Delaware, and the North river, while the first was in possession of the Dutch and Swedes. FR O M what has been said, it is evident that the colonies New- York, New-Jersey, Pennsylvania, A. D. and Maryland, were included in the great patent, last mentioned ; but that becoming void, the crown was at liberty to regrant the same to others ; but it does not appear that any part of those provinces was settled by virtue thereof; nor indeed was any distinct discovery of them made, until many years afterwards. New- Jersey, Pennsylvania, and other lands adjacent, not- withstanding the antient right of the crown of Illngland, deduced as aforesaid, had two pretenders to them ; the Dutch and the Swedes : The claim the former set up, was under colour of a discovery Dutch made in the year 1609, by Henry Hudson, an English- ^ '^^"^ man, commander of a ship called the Half-Moon, fitted out from Holland by the East-India company, to discover by a north-west passage, a nearer way to China : In this voyage he sailed up to the place now New-York, and up the river, from him called Hud- son's river; and returning sometime after to Amster- dam, the Dutch pretended to have purchased the chart he made of the American coast ; and having obtained a patent from the states, in the year 1614, to trade to New-England, they settled in New- York, which they called New-Netherland ; and kept possession until sir Samuel Argole, governor of Virginia, disputed their title ; alledging that the country having been discovered by an Englishman, in right of his master, he could not suffer it to be alienated from the crown, without the king's consent : he therefore compelled the Dutch colony to submit to him, and to hold it under 20 The HISTORY A. D. under the English : But sometime after a new governor coming from Amsterdam, they not only neglected to pay their usual acknowledgement to the governor of Virginia, but in the year 1623, fortified their colony, by building several forts : One on the Delaware, (by them called South River) near Gloucester, in New- Jersey, which they named Nassau ; a second on Hud- son's, (the North River) in the province of New- York, which they named Fort Orange; and a third on Connecticut river, (by them called the Fresh-River) which they named the Hirsse of Good Hope. Hudson's River lying near the sea, and the navigation esteemed less difficult than the other, their settlements were chiefly on both sides of that river ; at the entrance of which, the town by them also called New Amsterdam, was built ; so that by the time the Swedes came into America, which was a few years after, they had wholly quitted the land adjacent to the river Delaware. The proceedings of the Dutch in building the forts, and in a manner taking possession of the country, having been represented to king Charles the first, his ambassadors at the Hague made such pressing instances to the states, that they disowned having given any commission for what the Dutch had done, and laid the blame on their East-India company. Upon this king Charles gave a commission to sir George Calvert, lately made lord Baltimore ; «• to possess and plant that part of America, a. About the year 1620, while George Calvert, afterwards lord ' Baltimore, was secretary of state to James 1st ; he obtained a pat- *eiit for him and his heirs, to be absolute lord and proprietor (with ^ the royalties of a count Palatine) of the province of Avalon, in ■•Newfoundland, which was so named by him, from Avalon, ia ' Somersetshire; wherein Glastonbury stands the first fruits of christi- 'anity in Britain ; as the other was in that part of America, there ^he built a fine house, in Ferryland, and spent £. 25,000 in 'advancing this new plantation: after the death of king James, he 'went twice in person to Newfoundland: — finding his plantation * very much exposed to the insults of the French, he was at last forced Of new-jersey. 21 America, now called Maryland ; and to sir Edmond A. D. 1623 Loeyden, or Ployden, to plant the northern parts, towards New-England. The Dutch afraid of the power of the English, were willing to compound matters a second time ; oifering to leave their plantations, in consideration of £. 2500 to be paid them for the charges they had been at : But soon after, king Charles being involved in his troubles, was hindered from sup- porting his colonies ; they therefore not only fell from their first proposals, but as was reported, furnished the natives with arms, and taught them the use of them, that by their assistance they might dispossess the English all around them. Matters thus circumstanced, we shall leave them, in order to trace their neighbours, the Swedes into Swedes. America; the first settlement of whom, according to their own account, was thus occasioned^- In the reign of Gustaphus Adolphus, and in the year 1626, 1626. an eminent merchant named William Useling, gave a great character of this country, applauding it for fruitful fertile land, abounding with all necessaries of life ; and used many arguments to persuade the Swedes to settle a colony here : These were so prevalent, that Gustavus issued a proclamation at Stockholm, exhort- ing his subjects to contribute to a company associated to the purpose aforesaid, which was called the West- India company, confirmed by that prince : In a general assembly the year following, sums of money were raised to carry on the intended settlement, to which the king, the lords of the council, the chief of his barons, ^forced to abandon it: whereupon he went over to Virginia, and * after having viewed those parts, came to England, and obtained ' froni king Charles, who had as great a regard and affection for him ' as king James) a patent to him and his heirs, for Maryland : — that ' king naming it in honour of his beloved queen Henrietta Maria, Biogr. Brilania, Art. Geo. Calvert. b. Hist, of Swedeland in America, by Thomas Companius Holm, printed at Stockholm anno 1702. 22 The history A. D. 1623. 1627. 1630. 1631 Cliristeen. Tennecum. barons, knights, coronets, principal officers in hia- militia, bishops, clergy, and diverse of the common people of Swedeland, Finnland and Liffland, contri- buted; and responsible persons were chosen to see what was propos'd put in execution, consisting of an admiral, a vice-admiral, merchants, factors, commis- saries, &c. and it was concluded to get as many as they thought fit, of those who would voluntarily ship them- selves to America, to settle and cultivate a colony. In 1627, the Swedes and Finns accordingly came over hither : Their fir«t landing was at Cape Inlopen ; the sight created a pleasure, and they named it Paradise Point : Some time after they purchased of some Indians (but whether of such as had the proper right to convey is not said) the land from Cape Inlopen to the Falls of Delaware, on both sides the river, which they called New-Swedeland Stream ; and made presents to the Indian chiefs, to obtain peaceable possession of the land so purchas'd : But the Dutch continuing their pretensions, in 1630 one David Pietersz de vries, their countryman, built a fort within the capes of Delaware, on the west, about two leagues from Cape Cornelius,, at the place now Lewis-Town, then and at present often called by the name of Hoarkill. In 1631, the Swedes also built a fort on the west of Delaware, to which they gave the name the ruins of it yet bears, Christeen. c Here a small town was laid out by Peter Lindstrora, their engineer, and here they first settled ; but this settlement was afterwards demo- lished by the Dutch. On an island called Tennecum, sixteen miles above this town, the Swedes erected another fort, which they named New Gottemburgh; and John Printz, their governor, built a fine house, and other suitable accom- modations ;. c. Near Wilmington, it gives name to a noted creek there. Of N EW- JERSEY. 23 modations; planted an orchard, and called his settle- A. D. ment Printz's Hall : The principal freemen had also their plantations on this island. About this time the Swedes also built forts at Chester, and other places. In the same year Chancellor Oxestiern, embassador from Sweden, made application to king Charles the first, to have the right the English claimed by their being the first discoverers yielded up : it was, (as they say,) the proof an uncertainty given up accordingly : They also said they had purchased the pretence the Dutch claim'd by virtue of the prior settlement, and buildings here ; most of which were destroy'd before their arrival. If this be true, the Dutch it seems did not think proper long to abide by their contract; but gave the Swedes disturbances, by encroaching on their new settlement ; and both of them join'd to dispossess the English, who also attempted to settle the eastern side of Delaware : one Kieft, a director under the states of Holland, assisted by the Swedes, drove the English away, and hired the Swedes to keep them out : The Dutch complained, that the Swedish governor judging this a fair opportunity, built fort Elsinburgh on the Elsing- place from whence the English had been driven, and ^^^ ' from thence used great freedom with their vessels, and all others bound up the river, making them strike to the fort ; from which they also sent men on board to know whence the vessels came : This the Dutch deem'd exercising an authority in a country not their own. ^• But the Musketoes were so numerous, the Swedes were unable d. The account here is from a manuscript copy, said to be printed in Holland, anno 1662, the original in the late sir Hans Sloane's collec- tion, entitled, A brief account of New Netherland.—Jn 1683 tlie Dutch Jiad a meeting-place for religious worship at New-Castle : and the 4Swedes three, one at Christeen, one at Tenecum. and one at Wicoco. 24 The history A. D. 1631. Ploeyden. unable .u live here, and therefore removing, named the place Musketoeburgh. The Dutch seem to have had a very great opinion of the land near the Delaware, and were under great apprehensions of being dispossessed by the English, who they complained had diverse times attempted to- settle about that river and judged if they once got foot- ing, they would soon secure every part, so that neither Hollander nor Swede would have any thing to say here ; in particular they mention sir Edmond Ploeyden^ as claiming property in* the country, under a grant from king James the first, Avho they alledge declined any dispute with them, but threatened to give the Swedes a visit, in order to dispossess them, e- Jolin e. In 1648, a pamplilet was published, entitled, 'A description of 'the province of New Albion, and a direction for adventurers with 'small stock to get two for one, and good land freely ; arid for gentlemen- 'and all servants, labowers and artificers, to live plentifully ; and Oi 'former description reprinted, of the healthiest, pleasantest and richest 'plantation of New Albion in North Vii-ginia, proved by thirteen, 'witnesses; together with a letter from master Robert Evelin, that ' lived there many years, shewing the particularities and excellency ' thereof ; with a brief of the charge of victualling and necessaries, to- ' transport and buy stock for each planter or labourer there, to get his 'master £. 50 per annum, or more, in twelve trades, and at £. 10, * charges only a man.' From a few extracts of this pamphlet, the reader will see aa account of the country in some respects more descriptive than is commonly to be found of that date; he will however, allow for a little more being said than was necessary in some places. ' Now for the full and ample satisfaction of the reader, of hi* 'majesty's just title, and power to grant, enjoy, and possess these 'countries, as well against aliens as Indians, which this forty years 'hath not been by print declared, you may read at large master 'Hacluit's voyages and discoveries, master Purchas and captain 'Smiths: for when the Spaniard and Portugall discover'd and pos- ' sest 140 years since the East Indies, Brasill, the SQuth part of Ame- ' rica, the Charibees and Antell isles, and seated Saint John de Porto- ' Rico, Hispaniola, Jamaica and Cuba, and the fort and port of 'Havannah, against the gulf and current, Batuana isles, and point 'of Florida; then that most powerfull and richest king of Europe, 'king Henrv the seventh of England, sent out an Englishman born at Of new-jersey. 25 John Printz continued governor of the Swedes A. D. from his arrival until about the year 1654, when he returned 'at Bristol, called Cabot, granted under his greate seale to him all ' places and country s by him to be disco ver'd and possest, who then 'beginning at Cape Florida discover'd, entered on, took possession, 'set up crosses, and procured atturnment and acknowledgement of 'the Indian kings to his then majesty, as head, lord and emperour 'of the south west America, all along that coast both in Florida 'from 20 degrees to 35, where old Virginia in 35 and 30 minutes, *65 years since was seated by 5 several colonies about Croatan cape, ' Haloraske, and Rawley's isle, by sir Walter Kawley^ who had 'from queen Elizabeth that place, and two hundred leagues from it 'in all places adjoyning ; sir Kichard Greenfield, sir Ralph Lane, 'and master White his partners seating and fortifying there; the 'said Cabot farther taking possession in 37, of that part called ' Virginia and Chisapeack Bay being now his majesty's demesne 'colony of Virginia, and of the next great bay in or near 39, 'called now by the Dutch Cape Henlopen, the south river, and by ' us Cape James and Delaware Bay, of the baron of Delawares 'name, being then governor of Virginia, who by sir Thomas Dale, 'and sir Samuel Argoll, 40 years since took possession and atturn- 'ment of the Indian kings, and 60 years since sir Walter Eawley 'seated and left 30 men, and four pieces of ordinance, and the 'creek near Cape James, by the Dutch called Horekill, by us 'Roymount, and by the Indians Cui Achoraoca; and so the next ' river by us called Hudson's river, of the name of Hudson an 'Englishman, the discoverer thirty five year since, who sold his 'discovery, plots and cards to the Dutch ; and so Cabot discovered 'severali rivers and countries all along the coast North East, now 'called New-England, and divided in nine severali governments, 'and further discovered Port-Royall, and that part called New- ' Scotland, and set up crosses, where you may see in the French 'book called New-France, the French found an old crosse all moss, 'in an eminent place at the head of that bay and port, and dis- ' covered all that coast and Newfoundland, and that called Terra *de Laborador, or New-Britain, as far as the frozen strait of- Davis; 'shortly after one master Hore in the reign of king Henry the 8th, 'reneued this actual] possession, atturnment of the Indian kings, 'brought home divers of the chief Indian kings to England, who 'gave their homage and oath of fidelity for these countries to king ' Henry the eight in person, setting on his throne in state in his 'palace hall at Westminster. Then Virginia being granted, settled, 'and all that part now called Maryland, New-Albion and New- ' Scotland, being part of Virginia, sir Thomas Dale and sir Samuel 'Argoll, captains and counsellors of Virginia, hearing of divers 'aliens and intruders, and traders without license, with a vessell 'and forty soldiers, landed at a place called Mount Desert, in 'NovaScotia, near St. John's River, or Twede, possest by the ' French, 26 The history A. D. 1654. Papegoia. returned to Sweden, having first deputed his soU-in- law, John Papegoia, governor in his stead, who also some 'French, there killed some French, took away their guns, and dis- ' mantled the fort, and in their return landed at Manhatas-Isle in 'Hudson's river, where they found four houses built, and a pre- ' tended Dutch governor, under the West-India company of Amster- *dam share or part; who kept trading boats, and trucking with the 'Indians; but the said knights told him, their commission was to 'expell him and all aliens, intruders on his majesty's dominions 'and territories; this being part of Virginia, and this river an 'English discovery of Hudson an Englishman, the Dutchman con- ' tented them for their charge and voiage, and by his letter sent to ' Virginia and recorded, submitted himself, company and plantation 'to his majesty, and to the governor and government of Virginia ; 'but the next pretended Dutch governor in maps of printed cards 'calling this part New-Netherland, failing in paying of customes 'at his return to Plymouth in England, was therewith his bever, 'goods and person attached to his ilamage of £. 15U0, whereupon 'at the suit of the governor and councill of Virginia, his now ma- 'jesty by his embassadour in Holland, complaining of the said aliens 'intrusion, on such his territories and dominions, the said lords, the 'states of Holland by their publique instrument declared, that they 'did not avow, nor would protect them, being a private party of 'the Amsterdam West-India company, but left them to his majesty's 'will and mercy : whereupon three several! orilers from tlie councill 'table, and commissions have been granted for the expelling and 'removing them thence, of which tliey taking notice, and knowing 'their weakness and want of victuals have offered to sell the same ^for £. 2500, and lastly taking advantage of our present, war and * distractions, now ask £. 7000, and have lately offered many 'afl^ronts and damages to his majesties subjects in New-England: 'and in generall endanger all his majesty's adjoyning.countries, most 'wickedly, feloniously, and traiterously, contrary to the marine and 'admiral laws of all christians, sell by wholesale guns, powder, 'shot and ammunition to the Indians, instructing them in the use of 'ourfigiits and arms; insomuch as 2000 Indians by them armed, 'Mohawks, Karitons, and some of Long-Isle with their own guns so 'sold them, fall into war with the Dutch, destroyed all their scatter- 'ing farms and boors, inforcing them all to retire to their up fort, 40 'leagues up that river and to Manhatas, for all or most retreating to 'Manhatas, it is now a pretty town of trade, having more English 'than Dutch : and it is very considerable that three years since Stuy 'their governor put out his declaration, confessing that the neigh- 'bour English might well be offended with their selling Indians * arms and ammunition, but being but a few and so scattered, they ' could not live else there, or trade, the Indians refusing to trade or 'suffer the Dutch to plow without they would sell them guns. The *like folly they committed and inconvenience to themselves, and 'all O F N E W - J E R S E Y . 27 sometime after returned to his native country, and left A. D. the government to John Rysing ; He renewed the ^ . league all English, for eight years since, in their West-India fleet, battered by the Spanish Arraado, ihey brought home forty Swedish poor soldiers ; and hearing that capt. Young and master Evelin, ' had given over their fort begun at Eriwomeck within Delaware ' Eay, there half starved and totter'd they left them, who learning 'the Indian language, and finding much talk and trials of a gold * mine there, though in truth fifty shillings charges produced of ' that light sand but nine shillings in gold, and therefore was of ' capt. Young that tried it sliglited ; yet one Bagot under the Swedes 'name and commission, there traded to crosse the Dutch of Man- ' hat;is, and to undersell them, and left and seated there, eighteen ' Swedes, who proclaiming a gold mine drew more to them, and ' have gotten a great trade ; and now this last summer fifteen Swedes 'and fifteen Dutch had a skirmish; the Swedes pulled down a ' Dutch trading house, and doe both undersell them and spoiled 'much their and English trading with the Indians, both striving to ' please and side with the Indians, both entertaining and refusing 'to return all English fugitives and servants. The Swedes hiring 'out three of their soldiers to the Sasquehannocks, have taught 'them the use of our arms and fights, and marching with them 'into the king's own colony of Virginia, have carried thence the 'king of Pawtomeck prisoner, and expell'd his and eight other ' Indian nations in Maryland, civiliz'd and subject to the English 'crown. Now if a proclamation of open war be set out against * the Dutch and Swedes for this their villainy, and all English forbid 'to trade, victuall or relieve them, they must both vanish, especially 'if those bad English that live, adhere and obey these aliens in 'these his majesty's countries, be warned of the statute of king * James of famous memory, in these words : That all subjects giving ■* any obedience or acknowledgment to any forain prince, state, pope, 'or potentate, within his majesties territories and dominions in England ' or beyond the sea, is a traitor, and ought to suffer as a traitour. 'And certainly all English, and chiefly those of New-England 'being ready in twenty four hours will joyn to expel them both 'to regain their own trade, to get their seats, and to be rid of the 'danger of armed gunning Indians. ' Whereas that part of America, or North Virginia, lying about '39 degrees on Delaware Bay called the province of New Albion, 'is scituate in the best and same temper, as Italy, between too 'cold Germany, and too hot Barbary : so this lying just midway 'betweene New England 200 miles north, and Virginia 150 miles 'south, where now are settled 8000 English, and 140 ships ia trade, is freed from the extream cold and barrennesse of the one, and heat and aguish marshes of the other, and is like Lumbardy, 'and a rich fat soil, plain, and having 34 rivers on the main land, *11 great Isles, and partaketh of the healthiest aire and most ' excellent 28 The history A. D. 1654. league of friendship with the English and Dutch in the neighbourhood, and formally with the Indians; for 'excellent commodities of Europe, and replenished with the good- 'liest woods of oaks and all timber for ships and masts, mulberries, 'sweet cypresse, cedars, pines and firres, 4 sorts of grapes for ' wine, and raisins, and with the greatest variety of choice fruits, 'fish and fowl, stored with all sorts of corn, yeelding 5, 7 and 10 'quarters an acre: silkgras, salt, good mines & diers ware, 5 sorts 'of deer, buffes, and huge elks to plow and work, all bringing 3 'young at once. The uplands covered many moneths with berries, ' roots, chestnuts, walnuts, beech and oak mast to feed them, hogges 'and turkeys, 500 in a flock, and having near the colony of Man- 'teses 400000 acres of plain mead land, and meer levell, to be 'flowed and fludded by tliat river for corn, rice, rapes, flax and ' hemp. After 17 years trading and discovery there and triall made, 'is begun to be planted and stored by the governor and company 'of New Albion, consisting of fortj' four lords, baronets knights 'and merchants, who for the true informing of themselves, their ' friends, adventurers and partners by residents and traders there 'four severall years out of their journall books, namely, captaine 'Browne, a ship-master, and master Stafford his mate, and by cap- 'taine Claybourn 14 years there trading, and Constantine his Indian 'there born and bred, and by master Robert Evylin, 4 years there, 'yet by eight of their hands subscribed and enrolled doe testifie this 'to be the true state of the country, of the land and Delaware Bay 'or Charles River, which is further witnessed by captain Smith and 'other Books of Virginia and by New Englands prospect, new 'Canaan, captain Powels map, and other descriptions of New ' England and Virginia.' Master Evelin's Letter. Good Madam : 'Sir Edmund our noble governour and lord earl Palatine, persist- ing still in his noble purpose to go on with his plantation in Dela- ware or Charles river, just midway between New England and Virginia, where with my unckle Young I severall years resided, hath often informed himselfe both of me and master Slratton, as I perceive by the hands subscribed of Edward Monmouth, Tenis Palee, and as master Buckham, master White, and other ship- masters, and saviors, whose hands I know, and it to be true, that there lived and traded with me, and is sufficiently instructed of the state of the country, and people there, and I should very gladly according to his desire, have waited on you into Hamshire to have informed your honour in person, had I not next weeke been passing to Virginia. But neverthelesse to satistie you of the truth, I thought good to write unto you my knowledge, and first to describe you from the north side of Delaware unto Hudsons river in sir Edmunds patent, called New Albion, which lieth just between New England and Maryland, and that ocean sea, I take 'it Of new-jersey. 29 for this purpose a meeting was held with the Sachems A. D. or Indian chiefs, at Printz's Hall, on Tenecum island where * it to be about 160 miles, I finde some broken land, isles and in- Mets, and many small isles at Egbay : Bnt going to Delaware Bay, 'by Cape May, which is 24 miles at most, and is as I understand 'very well set out, and printed in captain Powels map of New- ' England, done as is told mee by a draught I gave to M. Daniel, 'the plot-maker, which sir Edmund saith you have at home, on that 'north side about five miles within a Port, or rode for any ships 'called the Nook, and within lieth the king of Kechemeches, hav- 'ing as I suppose about 50 men, and 12 leagues higher a little above ' the Bay and Bar is the river of Manteses, which hath 20 miles on ' Charles river, and 30 miles running up a fair navigable deep river 'all a flat levell of rich and fat black marsh mould, which I think 'to be 300000 acres: In this sir Edmund intendeth as he saith to 'settle, and there the king of Manteses hath about 100 bow-men; 'next above about 6 leagues higher is a fair deep river, 12 miles 'navigable, where is freestone, and there over against is the king of 'Sikonesses, and next is Asomoches river and king with an hundred ' men, and next is Eriwoneck a king of forty men where we sate 'down, and five miles above is the king of Ramcock with a hnn- 'dred men, and four miles higher the King of Axion with two 'hundred men, and next to him lenne leagues over land an inland ' king of Calcefar, with an hundred and fifty men, and then there 'is in the middle of Charles river two fair woody isles, very plea- 'sant and fit for parks, the one of a thousand acres, the other of ' fourteen hundred, or thereabout. And six leagues higher near a 'creek called Mosilian, the king having two hundred men. And ' then we come to the Fals, made by a rock of lime-stone, as ' I suppose it is, about sixty and five leagues from the sea, near to ' which is an isle fit for a city, all materials there to build ; and above 'the river fair and navigable, as the Indians inform me, for I went ' but ten miles higher. I doe account all the Indians to be eight ' hundred, and are in several factions and war against the Sasquehan- ' nocks, and are all extreani fearfnll of a gun, naked and unarmed 'against our shot, swords, and pikes. I had some bickering with ' some of them, and they are of so little esteem, as I durst with ' fifteen men sit down, or trade in despight of them, and since my 'return eighteene Sweeds are settled there, and so sometime sixe * Dutch doe in a boat trade without fear of them. 'I saw there an infinite quantity of bustards, swans, geese, and 'fowl, covering the shoares as within the like multitude of pigeons, 'and store of turkies, of which I tried o/ie to weigh forty and sixe ' pounds. There is much variety and plenty of delicate fresh and 'sea-fish, and shell-fish, and whales, or grampus: elks, deere that ' bring three young at a time & the woods bestrewed many moneths 'with chestnuts, wall-nuts, and mast of severall sorts to feed them, 'and hogs, that would increase exceedingly. There the barren 'grounds- so The history A. D. 1654. where a speech was made to them in behalf of the queen of Sweden, expressing the desires the Swedes had 'grounds have four kindes of grapes and many mulberries with ash, ' elms, and the tallest and greatest pines and pitch trees, that I ' have seen. There are cedars, cypresse and sassafra-s, with wilde 'fruits, pears, wilde cherries, pine-apples, and the dainty parse- 'menas. And there is no question but almonds, and other fruits 'of Spain will prosper, as in Virginia. And (which is a good 'comfort) in four and twenty houres you may send or goe by sea 'to New England or Virginia, with a fair winde, you may have 'cattle, and from the Indians two thousand barrels of corn, at ' twelve pence a bushel in trpck, so as victuals are there cheaper and ' better, than to be transpor^f d : Neither do 1 conceive any great 'need of a fort or charge, where there is no enemy. 'If my lord Palatine, wilfbring with him three hundred men or 'more, there is no doubt but that he may doe very well and grow 'rich, for it is a most pure healthfull air, and such pure wholesome 'springs, rivers and waters, as are delightful!, of a desert, as can ' be seen, with eo many varieties of severall flowers, trees and for- * rests for swine. So many fair risings and prospects, all green and ' verdant: and Maryland a good friend and neighbour, in four and ' twenty houres ready to comfort and supply. ' And truly I beleeve, my lord of Baltimore will be glad of my lord ' Palatines plantation and assistance against any enemy or bad neigh- 'bour. And if my lord Palatine employ some men to sow flaxe, ' hemp and rapes in those rich marishes, or build ships and make 'pipe staves, and load some ships with these wares, or fish from the ' northward, he may have any money, ware, or company brought 'him by his own ships, or the ships of Virginia or New England 'all the year. ' And because your honour is of the noble house of the Pawlets, 'and as I am informed, desire to lead many of your friends and 'kindred thither, whom as I honour, I desire to serve, I shall 'intreatyou to beleeve mee as a gentleman and christian, I. write 'you nothing but the truth, and hope there to take opportunity in 'due season to visit you, and doe all the good offices in Virginia, 'my place or friends can serve you in. And thus tendering my * service, I rest, Madam, Your honours most humble faithfull servant. Egbert Evelin, ' Now since master Elmea letter and seven years discoveries of 'the lord governor in person, and by honest traders with the Indians ' we finde beside the Indian kings by him known and printed, in ^ this province there is in all twenty three Indian kings or chief ^commanders, and besides the number of 800 by him named, ' there is at least 1200 under the two Earitan kings on the north ■'side next to Hudsons river, and those come down to the ocean ' about Of new-jersey. 31 had to renew their friendship : The Indians had before A. D. . 1654. made complaint, that the Swedes had introduced much evil about little Egbay and Sandy Barnegate, and about the South cape two small kings of forty men a piece, called Tirans and Tiascons, and a third reduced to fourteen men at Koymont, the Sa.«quehannocks are not now of the naturals left above 110, tho' with their forced auxiliaries the Ihon a Does, and Wicomeses they can make 250 : these together are counted valiant and terrible to other cowardly dul Indians, which they beat with the sight of guns only. 'The eight seat is Kildorpy, neer the fals of Charles river, neer 200 miles up from the ocean, it hath clear fields to plant and sow and neer it is sweet large meads of clover or honysuckle, no where else in America to be seen, unlesse transported from Europe, a ship of 140 tuns may come up to these fais which is the best seat for health, and a trading house to be built on the rocks, and ten leagues higher are lead mines in stony hills. ' The ninth is called mount Ployden, the seat of the Rariton king on the north side of this province twenty miles from 8andhay sea, and ninety from the ocean, next to Amara hill, the retired paradise of the children of the Ethiopian eraperour, a won>ler, for it is a square rock, two miles coinpasse, 150 foot high, a wall- like precipice, a strait entrance, easily made invincible, where he keeps two hundred for his guard, and under it is a flat valley, all plain to plant and sow. 'The Sasquehannocks new town is also a rare, heolthy and rich place, with it a crystal broad river, but some fals below hinder navigation, and the hooke hill on the ocean with its clear fields neer Hudsons river on one side, and a ten leagues flowing river on the south side is much commended tor health and fish, were it not so northerly. ' The bounds is a thousand miles compass, of this most temperate rich province, for our south bound is Maryland north bounds, and beginneth at Aquats or the southermost or first cape of Delaware Bay, in thirty eight and forty minutes, and so runneth by, or through, or including Kent Isle, through C'hisapeask Bay to Pis- cataway ; including the fals of Pawtomecke river to the head or northernmost branch of that river, being three hundred miles due west, and thence northward to the head of Hudson's river fifty leagues, and so down Hudson's river to the ocean sixty leagues ; and thence to the ocean and isles acrosse Delaware Bay, to the South cape fifty leagues ; in all seven hundred and eighty miles. Then all Hudson's river, isles. Long Isle, or Paraunke, and all isles within ten leagues of the said province being ; and note. Long isle alone is twenty broad, and one hundred and eighty miles long, so that alone is four hundred miles compasse. Now I have examined all former patents, some being surrenderd, and some adjudg'd void, as gotten on false suggestions, as that at the ' councell 32 The HISTORY A. D. evil amongst them ; because many of the Indians since 1654, their coming were dead ; but the Swedes now making them considerable presents, these received and divided amongst them, one of their chiefs, whose name was Noaman, made a speech rebuking the rest for having spoken evil of the Swedes, and done them harm ; telling them they should do so no more, that the Swedes were a good people, and thanking them for the presents, promised for the futui*e, that a more strict friendship should be observed betwixt them : That as formerly they had been but one body and one heart, they should be henceforward, as one head, as a ^councell table was at master Gonges suit, of Mantachusets, and ' as capt. Clayborn, heretofore secretary and now treasurer of 'Virginia, in dispute with master Leonard Calvert alledgeth ; that * of Maryland is likewise void in part as gotten on false suggestions ; 'for as capt. Clayborn, sheweth the Maryland patent in the first ' part declareth the king's intention to be to grant a land thereafter described, altogether dishabited and unplanted, though poasest ' with Indians. Now Kent isle was with many housholds of 'English by C. Clayborn before seated, and because his majesty 'by his privy signet shortly after declared it was not his intention 'to grant any lands before seated and habited: and for that it lieth 'by the Maryland printed card, clean north-ward within Albion, 'and not in Maryland, and not onely late sea-men, but old deposi- 'tions in Claybornes hand, shew it to be out of Maryland, and ' for that Albions privy signet is elder, and before Maryland ' patent, Clayborn by force entered, and thrust out master Calvert 'out of Kent; next Maryland patent coming to the ocean, saith 'along by the ocean upon Delaware Bay; that is the first cape of 'the two most plain in view, and exprest in all late English and ' Dutch cards ; and note unto Delaware Bay is not into the Bay, nor ■* farther then that cape heading the Bay, being in thirty eight and ' forty, or at most by seven observations I have seen, thirty eight 'and fifty minutes: So as undoubtedly, that is the true intended ' and ground bound, and line, and no farther, for the words follow- 'ing are not words of grant, but words of declaration; that is, * Which Delaware Bay lieth in forty degrees where New-England *ends; these are both untrue, and so being declarative is a false 'suggestion; is void, for no part of Delaware Bay lieth in forty. ' Now if there were but the least doubt of this true bounds, I should ' wish by consent or commission, a perambulation and boundary, not 'but there is land enough for all, and I hold Kent isle having * lately but twenty men in it, and the mill and fort pulled down, and ' in war with all the Indians neer it, not worth the keeping. Of new-jersey 33 a token of which he waived both his hands as if tying A. D. a strong knot, promising also that if they heard of any mischief plotting against the Swedes, although it were midnight, they would give them notice, and desired the like notice from the Swedes, if they under- stood harm was intended them ; the Swedes then desiring the Indians in general would give them some signal that they all assented to what was said ; they gave a general shout of approbation, and in the con- clusion were entertained by the Swedes with victuals and drink; it was observed the Indians kept this league faithfully : The Swedish ships sent to succour ihis new colony, being obstructed in their intended voyage, by the Spaniards ; and the Swedes unable for want of money to keep their forts in repair ; gave their more powerful neighbours the Dutch, opportunity with less danger to make encroachments upon them. Accordingly, in this year, the Dutch who inhabited jiear Virginia and New-Sweden, gave the Swedes disturbance, seeking to regain the forts they had for- merly possessed : But this by means of the Swede governor, with Peter Stuyvesant, who commanded under the Dutch, at New- Amsterdam, was in appear- ance settled; yet in the year following, the Dutch fitted out seven vessels from New-Amsterdam, with i655. six or seven hundred men ; who in the summer, under the command of Stuyvesant, came up Delaware, .and took their first quarters at Elsingburgh, where Stuyve- they made some Swedes prisoners : Next they sailed peji^oQ," towards a fort called Holy Trinity ; having landed their men at a point near the place, and intrenched themselves, they soon after went up to the fort, and demanded a surrender, threatning what they would do in case of refusal : After which, by treaty or other- wise, they gained possession, took down the Swedes gains pos- flag, and hoisted their own, securing all places with ^^-^^^on. c their 34 The HISTORY A. D. their soldiers, and sending the Swedes they had taken prisoners, on board their vessels : — An acquisition deemed considerable, because this fort was looked upon as the key of New-Sweden. On the second of September, they besieged Chris- tiana fort and town ; and destroyed New Gottemburgh, with such houses as were without the fort ; plundering- the inhabitants of what they had, and killing their cattle ; the Swedes endeavoured to perswade the Dutch to desist from these acts of hostility, but to no pur- pose : After 14 days siege, they (in want of Ammuni- Terms. tion) were obliged to ' surrender upon terms : That all the great guns should be restored ; to which pur- pose an inventory was taken ; the Swedes had also the gratification to march out of the fort, with their arms, their colours flying, and drums beating. The officers and other principal inhabitants among the Swedes, were carried prisoners to New-Amsterdam, and thence to Holland ; but the common people submitting to the Dutch, remained in the country. From this time till the year 1664, New-Sweden, 1664. and New-Netherland, continued in possession, and under government of the Dutch ; who, on the island called Manhattan, at the mouth of Hudson's river, had built the city, which they named New-Amsterdam (New York) ; and the river they sometimes called the Great River: About 150 miles up, they built a fort, and called it Orange, (Albany) from thence they drove a profitable trade with the Indians, who came over land as far as from Quebec, to deal with them. The first bounds of New- York, were Maryland on the south, the main land as far as could be discovered westward, the river of Canada northward, and New-England eastward: But the limits of this province, by the grants afterwards,, were reduced into a much narrower compass ; that now called New-Jersey, in virtue of one of those grants, was Of new-jersey. 35 was probably so denominated, in compliment to sir A. D. George Carteret, one of the proprietors, and a Jersey man./- CHAP. III. The particulars of the English conquest in 1664, and the transactions aftei'wards respecting the inhabitants on Delaware: The arrival of Francis Lovelace, as governor, part of his administration, and description of the Hoarkills. KING Charles the second, considering of what ill consequence a Dutch colony must be in the heart of his dominions, and determining to dispossess them, gave a patent to his brother the duke of York, for a great part of North- America, in which were included the provinces New-York, New-Jersey, and all other lands thereunto appertaining, with powers of govern- ment : And though his reign was not enterprizing, the Duke's concern in this property, and the aversion of both to the Dutch 9- made the reduction of this coun- try the first military stroke. Before there was any formal declaration of war with Holland, Sir Robert Carre, Sir Eobert was sent to America, with a small fleet and some land ^^^^' "' for,ces, to put the Duke in possession of the country ; this appears by the date of the commission given on this occasion, which was the 26th of April 1664, and the war with Holland was not declared till some months after. Thus the Dutch here, being unprovided for defence against a royal squadron and land forces, rendered the expedition /. It is said for some little time at first, to have bore the nam© New- Canary. ^. Vid. Life of E. of Clarendon, Oxford printed at Clarendon printing house. Vol. ii. p. 373, &c. 36 The history A. D. 1664. arrives and dispossesses the Dutch. Procla- mation. expedition safe and easy, Carre had joined with him in commission, col. Richard Nicolls, George Cart- wright, and Samuel Meverike. They arrived at Hud- son's River the latter end of 1664, at which time the Dutch could have but very little notice ^- of the designed rupture : The land forces consisting of three hundred men, were under the command of col. Nicolls. The Dutch governor, an approved soldier, who had lost a leg in the service of the states, being unprepared for this attack, and knowing perhaps the defects of the Dutch title, at least their present incapacity of defence, was after some time prevailed on to surrender quietly. The papers and messages that passed between him and the English on this occasion, will give the reader a full insight into the manner and terms of this surrender. When the English arrived at New-Amsterdam, a proclamation was made and spread through the country of the design of their coming, conceived in the terms following. ' By his Majesty's command. ' Forasmuch as his majesty hath sent us by commis- ' sion, under his great seal of England, amongst other ' things, to expel or to reduce to his majesty's obedience, ' all such foreigners as have without his majesty's leave 'and consent, seated themselves amongst any of his ' dominions in America, to the prejudice of his majes- 'ty's subjects and the diminution of his royal dignity : ' We his majesty's commissioners do declare and pro- ' mise, that whosoever of what nation soever, will upon ^ knowledge of this proclamation, acknowledge and * testify themselves to submit to his majesty's govern- * ment, as his good subjects ought to do, shall be pro- 'tected by his majesty's laws and justice, and peace- ^ably enjoy whatsoever God's blessing and their own * honest industry have furnished them with; and all ' other h. The first notice they had was from Thomas Willet, aa EnglishmaD, about 6 weeks before their arrival. Of new-jersey, 37 ■^ other privileges with his majesty's English subjects: A. D. ■* We have caused this to be published, that we might •^*^^^- ^ prevent all inconveniencies to others if it were possi- ^ ble, however, to clear ourselves from the charge of all ' those miseries that anyway may befall such as live here, * and will not acknowledge his majesty for their sove- ^ reign : Whom God preserve.' The Dutch governor Stuyvesant, upon notice of the arrival of the English in the Bay, dispatched the fol- lowing letter. Right honourable Sirs, 'Whereas we have received intelligence, that about "'three days since, there arrived an English man of Stuyve- ^ war, or frigate in the Bay of the North River, want's letter. ^ belonging to the New Netherlands, and since that ^ three more are arrived, by what order or pretence is *yet unknown to us; and having received various ' reports concerning their arrival upon this coast, and 'not being apt to entertain any prejudice intended ' against us, have by order of the commander in chief 'of the New Netherlands, thought it convenient and 'requisite, to send the worshipful the bearer hereof, 'that is to say, the worshipful John Declyer, one ' of the chief council, the reverend John Megapolensis, ' minister, Paul Leendelvandergrift, mayor of 'this town, and have joined with them Mr. Samuel ' Megapolensis, doctor in physick, whom by these 'presents I have appointed and ordered, that with the ' utmost respect and civility, they do desire and entreat 'of the commander in chief of the aforesaid men of ' war or frigates, the intent and meaning of their ^ approach, and continuing in the harbour of Naijacly, ' without giving any notice to us, or first acquainting ' us with their design, which action hath caused much ' admiration in us, having not received timely know- ' ledge of the same, which in respect to the govern- 'ment of the place, they ought, and were obliged to 'have done; wherefore upon the considerations afore- ' said, it is desired and entreated from the general of the 38 The history A. D. 1664. Nicoll's reply. ' the aforesaid men of war or frigates, as also from our * before deputed agents, whom we desire your honours- * civily to treat, and to give and render unto them, ' the occasion of your arrival here upon this coast, and ' you will give an opportunity (that after our hearty ' salutes and wellwishes of your health,) to pray, that 'you may be blessed in eternity, and always remain^ * right honourable sirs, your honours affectionate * friend and servant, P. Stuyvesant. * By order and appointment of the governor and com- ' mander in chief of the council of New Netherlands, *the 19-29 of August, 1664. Cor:^elius Ruyven, Secretary." To this letter col. Nicolls sent the answer following, * To the honourable the governor and chief council at ' the Manhatans.i- ' Right worthy Sirs, * I received a letter by some worthy persons entnisted ' by you, bearing date the 19-29th of August, desiring ' to know the intent of the approach of the English 'frigates, in return of which I think fit to let yoa ' know, that his majesty of Great-Britain, whose right ' and title to these jDarts of America is unquestionable,. * well knowing how much it derogates from his crown 'and dignity, to suffer any foreigners how near soever ' they be allied, to usurp a dominion, and without his * majesty's royal consent, to inhabit in these or any ' other his majesty's territories ; hath commanded me ' in his name, to require a surrender of all such forts, ' towns or places of strength, which are now possessed ' by the Dutch under your commands ; and in his ' majesty's name I do demand the town situate upon the ' island commonly known by the name of Manhatoes, ' with all the forts thereunto belonging, to be rendered ' unto his majesty's obedience and protection unto my * hands : I am further commanded to assure you, and every t. The Indian name, by which New- York island waa formerlj called. Of NEW-JERSEY. 39 ' every respective inhabitant of the Dutch nation, that A. D. * his majesty being tender of the effusion of christian ■'^^^^• ^ blood, doth by these presents, confirm and secure to ' every man, his estate, life and liberty, who shall ' readily submit to his government ; and all those who * shall oppose his majesty's gracious intentions, must ' expect all the miseries of a war which they bring upon ' themselves. I shall expect your answer by those * gentlemen, colonel George Cartwright, one of his * majesty's commissioners in America, captain Robert 'Needham, capt. Edward Groves, and Mr. Thomas < Delavall, whom you will entertain and treat with such * civility as is due to them and yourselves, and you shall * receive the same from, worthy sirs, your very hum- * ble servant, Richaed Nicolls. •' Dated on board his majesty's ship the Guinea, riding ' before Naijack, the 20-30 of August 1664, , Stuyvesant now fully informed of the English Stuyve- general's business from himself, returned in answer : ' That they were so confident of the discretion and * equity of his majesty of Great-Britain, that were his * majesty truly informed of their right, he would not * have given such an order : That the Dutch came not * into these provinces by any violence, but by virtue of * a commission from the states general in 1614, when * they settled the North River, near fort Orange, and * to avoid the invasions and massacres commonly com- * mitted by the savages ; they built a little fort there : *That afterwards in the year 1662, and at the present * time, by virtue of a commission and grant to the * governor of the West-India company, and another * in the year 1656 of the South River, to the burgo- * masters of Amsterdam, they had peaceably governed * and enjoyed these provinces : That they were the first * discoverers, had purchased the land of the natives, * princes of the country ; and had continued in the * uninterrupted possession thereof : That they made *no doubt that if his majesty of Great-Britain, were *. truly informed of these passages, he was too judicious to sanl's an- swer. 40 The history A. D. 1664. Order to Hide. Stuyve- Bant's third letter. ' to give any order that the places and fortresses in their ' hands should be given up, especially at a time when so ' strict a friendship subsisted between his majesty and the ' states general : That the offering any act of hostility and ' violence against them, would be an infraction of the ' treaty, which subsisted between his majesty of Great- ' Britain and the states general : That as to the threats ^ in the conclusion of general Nicoll's letter, he had ' nothing to answer, only that they feared nothing but ' what God should lay upon them.' Col. Nicolls, receiving this answer, found nothing was to be done by delay ; and being resolved to assert his masters right in the "best manner he could, directed an order to capt. Hide to this effect : ' Whereas the governor and council of the Dutch ' plantation upon the Manhatoes, in Hudson's River, ' have in answer to a summons returned their resolutions ' to maintain the right and title of the states general * and West-India company of Holland, to their forts, ' towns and plantations in these parts of America : I ' do therefore in prosecution of his majesty's service,. ' recommend to captain Hugh Hide, commander ini * chief of the squadron, to prosecute with the advice * of the captains under his command, his majesty's- ' claim and interest, by all ways and means as they shall ' think most expedient, for the speedy reducing the ' Dutch under his majesty's obedience, and for so doing ' this shall be their warrant. Given under my hand ' the 24th of August 1664, on board his majesty's ship * the Guinea. Richard Nicolls.' It appearing by this order, and preparations ia consequence of it, that the English were not come for amusement only; Stuyvesant thought it best before matters were carried too far, to propose one expedient more; this he did by letter to col. Nicolls, the 4th September. My Lord, ' Upon our letter the day before yesterdiay, and ' upon the commuuication by word of mouth, of our deputies Of NEW-JERSEY. 41 * deputies, touching the just right and possession ; A. D. ' without dispute of my lords, the states general of the ■^^^^' ' united provinces, as also of our discovery of the * news from Holland ; which makes us not to doubt * but that the king of Great-Britain, and my lords ' the said states, are at this hour agreed upon their ' limits : this had given us hope my lord to avoid all ' dispute ; that you would have desisted from your * design, or at least have given time that we might have ' heard from our masters ; from which expectation we ' have been frustrated by the report of our said deputies, * who have assured us by word of mouth, that you * persist on your summons and letter, of 20-30 August, * upon which we have no other thing to answer, but ' that following the order of my lords the states ' general, we are obliged to defend our place ; how- ' ever that in regard that we make no doubt, that ' upon your assault and our defence, there will be a * great deal of blood spilt ; and besides it is to be feared * greater difficulty may arise hereafter ; we have ' thought fit to send unto you, Mr. John de Decker, * counsellor of state ; Cornelius Van Riven, secretary * and receiver ; Cornelius Steenwick, mayor, and ' James Coussea, sheriff; to the end of finding some ' means to hinder and prevent the spilling of innocent ' blood, which we esteem my lord not to be your * intention ; praying that you will please to appoint a ' place and hour, and send or cause your deputies to ' meet there, with full commission to treat and seek ' out the means of a good accommodation ; and in ' the mean time to cause all hostility to cease : Upoa * which, after recommending you to the protection of * God, we remain, my lord, your thrice affectionate * friend and servant, P. Stuyvesant. To this col. Nicoll's replyed, in a letter directed to the honourable the governor of the Manhatoes, as follows : Right 42 The history A. D 1664, Right worthy sir, ' In auswer to yours of the 4th of September, new ' stile, by the hands of John de Decker, counsellor of 'state, Cornelius Van Riven, secretary and receiver, ' Cornelius Steenwick, burgo master, and James ' Causseau, sheriff', I do think it once more agreeable ' to the kings intentions, and my duty to his strict ' commands, to propose and receive all ways and * means of avoiding the effusion of christian blood; ^ of which sincere intention, I suppose you are already ' fully satisfied, and shall have no cause to doubt it * for the future ; as also that I do insist upon my first ^ summons and message to you, for a speedy surrender * of the towns and forts now under your command, ' into his majesty's obedience and protection. You * may easily believe that in respect of greater difficulties * which are ready to attend you, I should willingly * comply with your proposition to appoint deputies, * place and time to treat of a good accommodation ; * but unless you had also given me to know, that by ' such a meeting you do intend to treat upon articles of * surrender, I do not see just cause to defer the pur- ^ suance of his majesty's commands, my first demand ^ and my last answer, of reducing your towns and ' forts to his majesty's obedience ; which, why you call * acts of hostility, I see no reason : However, since you ' have given yourself and messengers this new trouble. * I shall also take this fresh occasion, to assure you * that I heartily with health, peace and prosperity, to * every inhabitant of your plantations, and particularly ^ to yourself, as being your affectionate humble servant, Richard Nicolls. Gravesend, 25th August 1664. The Dutch governor finding Nicolls grew more resolute in his enterprize, and the country in general for him, after having tried, in vain, what other pacifick expedients he could, at last agreed to a surrender of the fort and province under his government, and commis- -sioners were authorized to treat upon the articles j those on . Of NEW-JERSEY. 43 on the part of the Englisli were, sir Robert Carre, knt. A. D. colonel George Cartwrlght, John Winthrop, esq ; go- (^om^jg. vernor of Connecticut, and Samuel Willis, one of his sioners. council, capt. Thomas Clarke, and capt. John Punct- won, commissioners from the general court of the Massachusetts, the persons named by governor Stuy- vesant were, John de Decker, Nicholas Varlett, com- missary, concerning matters of traffick, Samuel Me- gapolensis, Cornelius Steenwick, Stephen Courtland, and James Coussea. The articles of this treaty as they are signed and confirmed by col. Nicolls and governor Stuyve- sant, and subscribed by the commissioners, bear date the 21th of August 1664 old stile, and are as follows. 1. We consent that the states general, or the West Articles. India company, shall freely enjoy all farms and houses, except such as are in the forts, and that within six ■ months they shall have free liberty to transport all such arms and ammunition, as now do belong to them, or else they shall be paid for thenj. 2. All publick houses shall continue for the uses which now they are for. 3. All people shall still continue free dennizens, and enjoy their lands, houses, goods, ships wheresoever they are within the country, and dispose of them as they please. 4. If any inhabitant have a mind to remove himself, he shall have a year and six weeks from this day to remove himself, wife, children, servants, goods, and to dispose of his lands here. 5. If any officer of state or publick minister of state have a mind to go for England, they shall be transported freight free in his majesty's frigates, whea those frigates return thither. 6. It is consented to that any people may freely come from the Netherlands, and plant in this country, and that Dutch vessels may freely come hither, and any of the 44 TheHISTOEY A. D. the Dutch may freely return home, or send any sort of 1664. merchandize home in vessels of their own country. 7. All ships from the Netherlands, or any other place and goods therein shall be received here and sent hence after the manner which they formerly were, before our coming hither for six months next ensuing. 8. The Dutch shall enjoy the liberty of their consci- ences, in divine worship and Dutch discipline. 9. No Dutchman here, or Dutch ship here, shall upon any occasion be pressed to serve in Avar against any Nation whatsoever. 10. That the townsmen of the Manhatoes shall not have any soldiers quartered upon them, without being satisfied and paid for them by the officers, and that at this present, if the fort be not capable of lodging all the soldiers, then the burgomaster by his officers, shall appoint some houses capable to receive them. 11. The Dutch here shall enjoy their own customs concerning their inheritances. 12. All publick writings and records, which concern the inheritances of any people, or the reglement of the church or poor or orphans, shall be carefully kept by those in whose hands now they are, and such writings as particularly concern the states general, may at any time be sent to them. 13. No judgment that hath passed any judicature here, shall be called in question, but if any conceive he hath not had justice done him, if he apply himself to the States General, the other party shall be obliged to answer for the supposed injury. 14. If any Dutch living here, shall at any time desire to travel or traffick into England, or any place or plantation in obedience to his majesty of England, or with the Indians, he shall have upon his request to the governor, a certificate that he is a free Denizen of this place, and liberty it to do. 15. If it do appear that there is a publick engage- ment of debt, by the town of Manhatoes, and a way Of new-jersey. 45 vi-ay agreed on for the satisfying of that engagement, A. D. it is agreed that the same way proposed shall go on ; 'i-Q&'L and that the engagements shall be satisfied. 16. All inferior civil officers and magistrates, shall continue as they now are, if they please, till the customary time of new election, and then new ones to be chosen by themselves ; provided that such new chosen magistrates, shall take the oath of allegiance to his majesty of England, before they enter upon their offices. 17. All diiferences of contracts and bargains made before this day, by any in this country, shall be determined according to the manner of the Dutch. 18. If it does appear that the West-India company, of Amsterdam, do really owe any sums of money to any persons here ; it is agreed that recognition and other duties payable by ships going for the Netherlands be continued for six months longer. 19. The officers military and soldiers, shall march out with their arms, drums beating, and colours flying,, lighted matches ; and if any of them will plant they shall have fifty acres of land set out to them ; if any of them will serve any as servants, they shall continue with all safety and become free Denizens afterwards. 20. If at any time hereafter the king of Great-Bri- tain and the States of the Netherland, do agree that this place and country be redelivered into the hands of the said states, whensoever his majesty will .send his commands to redeliver it, it shall immediately be done. 21. That the town of Manhatans shall choose depu- ties, and those deputies shall have free voices in all publick aifairs. 22. That those who have any property in any houses in the fort of Aurania, shall if they please, slight the fortifications there, and then enjoy all their houses as all people do where there is no fort. 23. If there be any soldiers that will go into Hol- land, and if the company of West India in Amster- dam 46 The HISTORY A. D. dam, or any private persons here, will transport them into Holland, then they shall have a safe passport from col. Richard Nicolls, deputy governor under his royal highness, and the other commissioners, to defend the ships that shall transport such soldiers and all the goods in them from any surprizal or act of hostility to be done by any of his majesty's ships or subjects. 24. That the copies of the king's grant to his royal highness, and the copy of his royal highness's commis- sion to col. Richard Nicolls, testified by two com- missioners more and mr. Winthrop, to be true copies, shall be delivered to the honourable Mr. Stuyvesant, the present governor, on Monday next by eight of the clock in the morning, at the old Milne, and these arti- cles consented to and signed by col. Richard Nicolls, deputy governor to his royal highness, and that within two hours after the fort and town called New Amster- dam, upon the island of Manhatoes, shall be delivered into the hands of the said col. Richard Nicolls, by the service of such as shall be by him thereunto deputed by his hand and seal. The articles agreed on, the fort and city of New- Amsterdam, were surrendered. Some of the houses were then built of brick and stone, and in part covered with red and black tile, and the land being high, it made an agreeable prospect to those that visited it from the sea ; Most of the Dutch inhabitants remained, and took the oaths to the English government; and they and their posterity have been loyal subjects ever since.*- Thirteen days after the surrender of New Amster- p dam, col. Nicolls, marched up the country to Orange Orange. fort, and having taken it without much resistance, he gave it the name of Albany, the duke of York's Scotch k. In tlie year 1751, as some workmen were digging down the bank of the North Kiver, in New York, in order to build a still- house, a stone wall was discovered between four and five feet thick, near eight feet under ground, supposed to have been the breast work of a battery. Of NEW-JEESEY. 47 Scotch title: But previous to the taking of this fort, A. D. the colonel and other commissioners sent sir Robert ^ , Carre with the ships under his command, on an expedi- expedition tion into Delaware bay and river, to reduce the in ha- ^^^.^^ bitants there. To this end they granted him their commission. ' Whereas we are informed that the Dutch have His com- ' seated themselves at Delaware Bay, on his majesty of i^'ssion. * Great-Britain's territories, without his knowledge and * consent, and that they have fortified themselves there, ' and drawn a great trade thither, and being assured that ' if they be permitted to go on, the gaining of this ' place will be of small advantage to his majesty : We ' his majesty's commissioners, by virtue of his majesty's ' commission and instructions to us given, have advised * and determined to endeavour to bring that place and ' all strangers there, in obedience to his majesty, and by ' these do order and appoint that his majesty's frigates, ' the Guinea, and the William and Nicholas, and all ' the soldiery which are not in the fort, shall with what ' speed they conveniently can go thither, under the ' command of sir Robert Carre, to reduce the same, ' willing and commanding all officers at sea and land ' and all soldiers to obey the said sir Robert Carre ' during this expedition. Given under our hands and ' seals, at the fort in New- York, upon the isle of ' Manhatoes, the third day of September, 1664. Richard Nicolls, George Cartwright, Samuel Maverick. With this commission, instructions were delivered Carre, respecting the manner in which he was to con- duct on his arrival in the bay of Delaware. * Instructions for sir Robert Carre, for the reducing ' of Delaware bay, and settling the people there, * under his majesty's obedience.' ' When you are come near unto the fort, which *is possessed by the Dutch, you shall send your boat on 48 The history A. D. 1664. on shore, to summons the governor and inhabitants to yield obedience to his majesty, as the rightful sovereign of that tract of land ; and let him and them know, that all the planters shall enjoy their farms, houses, land, goods and chattels, with the same priviledges, and upon the same terms which they do now possess them ; only that they change their masters, whether they be the West-India com- pany, or the city of Amsterdam. To the Swedes you shall remonstrate their happy return under a monarchical government, and his majesty's good inclinations to that nation, and to all men, who shall comply with his majesty's rights and titles in Delaware, without force of arms. ' That all cannon, arms and ammunition which belongs to the government, shall remain to his majesty. ' That the acts of parliament shall be the rule for ^ future trading. ' That all people may enjoy liberty of conscience. ' That for six months next ensuing, the same magis- ' strates shall continue in their offices, only that they * and all others in authority must take the oath of * allegiance to his majesty, and all publick acts be * made in his majesty's name. * If you find you cannot reduce the place by force, ' or upon these conditions, you may add such as you ' find necessary on the place ; but if those, nor force, ' will prevail, then you are to dispatch a messenger ^ to the governor of Maryland, with a letter to him ; ^ and request his assistance, and of all other English ' who live near the Dutch plantations. ' Your first care (after reducing the place) is to * protect the inhabitants from injuries, as well as vio- ^ lence of the soldiers ; which will be easily effected, if * you settle a course for weekly or daily provisions by ^ agreement with the inhabitants ; which shall be * satisfied to them, either out of the Droffits, customs * or rents belonging to their present master, or in case * of necessity from hence. * The OfNEW -JERSEY. 49 ' The Iciws for the present cannot be altered, as to A. D. •* the administration of Justice between the parties. ' ' To my lord Baltimore's son you shall declare, and 'to all the English concerned in Maryland, that his * majesty hath, at his great expence, sent his ships and ' soldiers to reduce all foreigners in those parts to his ' majesty's obedience ; and to that purpose only, you ' are employed : But the reduction of the place being ' at his majesty's expence, you have commands to keep ' possession thereof for his MajcsUfs own behoof and ' 7'ight ; and that you are ready to joyn the governor ' of Maryland, upon his majesty's interest on all ' occasions ; and that if Lord Baltimore doth pretend ' right thereto by his patent, (which is a doubtful * case) you are to say, that you only keep i)osscssion * till his majesty is informed and satisfied otherwise. ' In other things, I must leave you to your discretion, ' and the best advice you can get upon the place.' In pursuance of this commission, Carre soon set sail, with the ships under his command. On his arrival against New-Castle, (then called New-Anistel) the New- Dutch and Swedes, following the example of their capital, New- Amsterdam, capitulated and surrendered their fort. The articles were signed and sealed by the English commanding officer, and six of the principal inhabitants of the place, on behalf of them- selves, and others. ' Articles of agreement between the honourable sir Articles. ' Robert Carre, knight, on the behalf of his raa- 'jesty of Great-Britain, and the burgo-masters, on ' behalf of themselves, and all the Dutch and ' Swedes, inhabiting on Delaware bay, and Dela- ' ware river.' ' 1. That all the burgesses and planters will submit ' themselves to his majesty, without any resistance. ' 2. That whoever, or what nation soever, doth ' submit to his majesty's authority, shall be protected ' in their estates, real and personal whatsoever, by his * majesty's laws and justice. D '3. That 50 The history A. D. 1664. 1668. ' 3. That the present magistrates shall be continued Mn their offices, and jurisdiction to exercise their * civil power as formerly. ' 4. That if any Dutchman or other person shall ' desire to depart from this river, it shall be lawful * for him so to do with his goods, within six months ' after the date of these articles. ' 5. That the magistrates and all the inhabitants ' (who are included in these articles) shall take the ' oaths of allegiance to his majesty. ' 6. That all people shall enjoy the liberty of their ' consciences, in church discipline as formerly. ' 7. That whoever shall take the oaths, is from that ' time a free Denizen, and shall enjoy all the privi- ' ledges of trading into any of his majesty's domi- ' nions, as freely as any Englishman, and may require ' a certificate for so doing. ' 8. That the schout, the burgo-master, sheriff, * and other inferior magistrates, shall use and exercise ' their customary power, in administration of justice, ' within their precincts for six months, or until his ' majesty's pleasure is further known. Da'ted October 1st 1664. New-Amsterdam, Orange Fort, and the inhabitants up Delaware, being reduced, the whole country was in a manner in possession of the English ; and things being in a quiet posture about New-York, Nicolls was commissioned the 24th of October, 1664, by Cartwright and Mevericke, to repair to Delaware bay, for government of the place, by deputing such officers civil and military, and taking such other measures as he should think proper, until the kings pleasure was further known.^- Thus things rested till 1668; when Nicolls and his council at New- York, gave the follow- ing I. In the begining of the year 1665, there was a comet visible to the people on this continent : It had appeared in the November before, and continued four montlis: It rose constantly about one o'clock in the morning, in the south-east. It was seen likewise in England, and in most other parts of the world, at the same time. Of new-jersey. 51 ns directions for a better settlement of the erovern- A. D. iient on Delaware. -p,- ?• Directions ' That it is necessary to hold up the name and coun- for the go- tenance of a garrison in Delaware, with twenty men vernment and one commission officer, ^^^j.^ 'That the comniission officers shall undertake to provide all sorts of provision for the whole garrison, at the rate of 5d. per day, viz. wholesome bread, beer, pork, pease or beef, that no just complaint be made of either : That the soldiers, (so far as conve- niently they may,) be lodged in the fort, and keep the Stockadoes up in defence : that the civil government in the respective plantations be continued till further orders. ' That to prevent all abuses or oppositions in civil magistrates, so often as complaint is made, the com- mission officer capt. Carre, shall call the scout, with Hans Block, Israel Holme, Peter Rambo, Peter Cock, Peter Aldrick, or any two of them, u"^ coun- cellors to advise, hear, and deterinine by the major vote, what is just, equitable and necessary in the case and cases in question. ' That the same persons also, or any two or more of them, be called to advise and direct what is best to be done in all cases of difficulty, which may arise from the Indians, and to give their councel and orders for the arming of the several plantations and planters, who must obey and attend their summons upon such occasion. ' That two thirds at least of the soldiers remain constantly in and about New-Castle at all hours. ' That the fines or preminures and light offences, be executed with moderation, though it is also neces- sary that ill men be punished in an exemplary manner. ' That the commission officer capt. Carre, in the de- termination of the chief civil affairs, whereunto the temporary before mentioned councellors are ordained shall have a cascing voice where votes are equal. ' That the new appointed councellors are to take the * oath to his royal highness. ' That 52 The HISTORY A. D. < That the laws of the government, established by • ' his royal highness, be shewed and frequently commu- * nicated to the said councellors and all others, to the end ' that being therewith acquainted, the practice of thera ' may also in convenient time be established ; which * conduceth to the publick wellfare and common justice. * That no offensive war be made against any Indians, ' before you receive directions from the governor for ' your so doing. ' That in all matters of difficulty and importance, * you must have recourse by way of appeal, to the ' governor and council at New- York.' These instructions bore date the 21st of April 1668 ; within two months afterwards, the government at New- York received advice, that some of the tribe of the Murders Mantas Indians, nigh Delaware, had murdered the servants of one Tomm. Peter Aldricks and Peter Rambo, arriving soon after, confirm'd that news, and further inform'd the government, that the Indians in those parts desir'd, there should be an absolute prohibi- tion upon the whole river, of selling strong liquor to the Indians generally ; by which it seems the late murders had probably been the consequence of a drunken frolick ; this is the more likely, as the whole body of the Indians in the first settled part of the lands on Delaware, after- wards through a long course of experience, manifested an open hospitable disposition to the English, and were in the general, far from any designs to their prejudice. The governor and colonel Lovelace wrote to Carre, authorizing him to convene those joined with him in commission for the management of civil affairs, and with their advice to make all necessary rules and give orders for the government of both christians and Indians ; and because those murders, and the restraining the Indians from strong liquors, might be attended with difficulties, Carre was ordered, after consulting the Of new-jersey. 63 the Indians on the best method of proceeding;, to A. D. send the state of the matter to the council at New- York. Another disturbance that soon followed, took up their attention for a while, and seem'd likely to prove an affair of some consequence against the new-establish'd government, but was prevented by the vigilance of the persons in administration. A Swede at Delaware, who gave out that he was the son of Coningsraarke, the Sweedish general, went up and down from one place to another, spreading rumours to the disturbance of civil peace and the laws, intending thereby to make a party strong enough to raise an insurrection, and if possible, throw off the English allegiance ; to him was associated Henry Coleman, one of the Finns, and ^Henrj •^ ' Coleman. an inhabitant at Delaware : The last left a good habi- tation, cattle and corn, and was well versed in the Indian language ; as they both kept very much among the Indians their designs were the more suspected. The government however, ordered a proclamation, that if Coleman did not surrender himself, to answer what should be objected against him in fifteen days, his estate should be secured to the king's use ; whether he came in appears not, but the other being a vagrant, more effectual measures were used, so that he was soon in custody ; all the rest who had a hand in the plot, were by the government at York, bound to give secu- rity to answer for their conduct, and an account of their ■estates ordered to be taken : The governor in the mean time tells Carre in his letter upon this occasion, ' That ' as for the poor deluded sort, I think the advice of * their own countrymen is not to be despised, who ■* knowing their temper well, prescribed a method for * keeping them in order, which is severity, and laying ' such taxes on them as may not give them liberty to * entertain any other thoughts but how to discharge ' them. — 64 The history A. D. 1668. Connings- marke. An Indian rape. ' them. — I perceive the little Domine hath played the- * truinpter to this disorder ; I refer the quality of his ' punishment to your direction.' At a council held at New-York, October 18, 1669. Present: The Governor, Thomas Delaval, Ralph Whitfield, Thomas Willet, secry. This affair being taken into consideration, it was adjudged that Conningsmarke, commonly called the- long Finne, deserv'd to die, yet in regard that many concern'd with him in the insurrection, might also be involv'd in the premunire, if the rigour of the law should be extended, and amongst them diverse sim- ple and ignorant people, it was thought fit to order that the long Finne should be severely whipt, and stig- matized with the letter R, with inscription in great letters on his breast, that he received that punishment for rebellion, and after to be secured till sent to ' Bar- ' badoes or some other remote plantation to be sold : ' It was further ordered, that the chief of his accomplices should forfeit to the king, one half of their goods and chattels, and a smaller mulct laid on the rest to be left at discretion of commissioners, appointed to examine the matter. In pursuance of this sentence, the long Finne was brought fettered from Delaware, and put prisoner in the State-house at York, the 20th December, and there continued a year, when a warrant was signed, and he, in pursuance of it, transported for sale to Barbadoes. At this council also came under consideration, the case of an Indian, who had committed a rape on a christian woman ; the council ordered that he should be put to death if he could be found, and that application be made to the Sachems of his tribe, to deliver him. up, that justice might be executed upon him. He had been once taken and condemned to death by the com- missioners at Delaware, but broke gaol. One Of new-jersey. 55 One Douglass at the Hoarkill, after this, gave the A. D. new settlers a considerable disturbance by seditious practices, but he was tiiken, sent to gaol, and afterwards from thence to York, where he had his trial, and was sent to the eastward, with a caution not to return into the government any more. In the month call February 1669, Francis Love- Governor \ac&n. being then governor, a commission and letters Lovelace, of instruction were sent to the Hoarkill, authorizing Hermanns Fredericksen, to be schout. Slander Matson, Otto Walgast, and William Cleason to be commissaries, who were to keep good orders there, and to try all matters of difference under 101. amongst themselves ; this seems to be intended to save them the trouble of going to New-Castle upon every trifling occasion ; but for all matters above 10 1. they were to apply themselves to New York, and so for all criminals. Governor Lovelace gave also an order to captain Martin Prieger, to receive the customs for all Euro- pean goods imported at the Hoarkill, and on the furrs and peltry exported from thence, — viz. 10 1. per cent. ' Whereas I am given to understand, that all Euro- Customs ^ pean goods imported at the Hoarkill in Delaware bay, at the * did heretofore pay custom at the rate of 10 1. per cent. Hoarkills. * and all furrs and peltry exported from thence at the * same rate, which turned to some advantage towards * the support of the government, upon mature advice ■* and consideration had thereof, I have thought fit ^ to renew the former custom, and do therefore hereby ^ order and appoint captain Martin Preiger, who is a ^ person well versed in the trade of those parts, and very ^ well known there both to the christians and Indians, '* to be receiver and collector of the customs at the Hoarkill m. He succeeded Nicolls in the government of New York, in May 1667, and continued governor till the colony was given up to ithe Dutch in the summer, 1673. Nicolls had remained governor «ince the Dutch surrender till then, about two years and a h-'lf. 56 TheHISTOKY A.D. *Hoarkill, where by himself or his deputy he is to * receive 10 per cent, of all European goods imported ' there, whether coming from this place, New-Castle ' in Delaware, or any other part ; and ten per cent. ' also for all furrs or peltry exported from thence, 'according to former custom and usage on that behalf; ' and all persons whatsoever trading thither, or from ' thence to any other place, arc to take notice thereof, ' and to obey this my commission, under the penalty * of confiscation of their goods if they shall presume ' to do otherwise, the said capt. Prieger standing obliged *to be answerable here, for all such customs as shall be * received by himself or deputy there, of which he is * to render unto me a due and exact account.' Remarks. It was very early to impose such an extraordinary clog upon trade as 10 per cent, and no doubt hard upon the young settlers to pay it, and the reason given for doing it (namely that it had been done before) seems not so well calculated to render the payment easy as might have been contrived ; probably the chief cause was that hinted at in the governor's letter to Carre, ' tO' * keep them under by taxes, that they might not have * liberty to entertain any other thoughts but how to ' discharge them.' The daily exigencies of the govern- ment in those precarious times afforded a better present plea, tho' of no force for continuing it afterwards ; but after all, the government then more military than civil,, probably but little thought of a necessity to bestow colour- ing upon their proceedings, however extraordinary, to a people whom they could at any time compel to their measures ; hard where that is the case of necessity, but more hard and arbitrary when continued without that necessity. These precedents introduced a similarity of tax- ation, which in time proved intolerable grievances. But be their reasons to themselves. — As the Hoarkills to the Sw^edes appeared a place of rather more conse- quence than it's thought since, their account may be worth observation. * Twa Of new-jersey. 57 ' Two leagues (says the manuscript in the Bri- A. D. tish museum,) from cape Cornelius on the west ^ ? side of the river near its mouth, there is a certain descrip- crcek called the Hoereu Kill, which may well pass tionofthe for a middling or small river, for it is navigable a ^^^^ ^"^' great way upward, and its road is a fine road for ships of all burthens, there being none like it for safety and convenience in all the bay, the right channel for sailing up the bay passing near it. ' A certain person who for several years together had been a soldier in the fort, informed us about the month of June, 1662, being then but lately come from thence, concerning the Hoern kill or Harlot's creek ; that along the sea shore it was not above two leagues from the cape, and that near the fort which is at the mouth of it, it is about 200 paces broad and navigable and very deep to about half a league upwards, the pilots say generally about six feet of water in going in, but the canoes can go about two leagues higher : There are two small islands in it, the first very small the last about half a league in circum- ference, both overgrown with fine grass, especially the latter, and are at about half a league distance asun- der, and the latter about a league from the channel's mouth : The two islands are surrounded with a muddy ground, in which there grows the best sort of oysters^ which said ground begins near the first island, ibr the mouth of the channel has a sandy bottom, being also very deep, and therefore there are no oysters there : Near the smaller island and higher up it is as broad again as at the mouth, near the said fort the channel for a good way runs at an equal distance from the sea^ having the breadth of about two hundred paces of high downy land lying between them, near the fort there is a glorious spring of fresh watei>, a small rill rising in the south east part of the country, and falling from a rising hill, runs through this downy land into the mouth of the Hoern kill, or Harlot's ' creek. 68 The HISTORY A. D. < creek, is for its goodness and fertility famed for 1669. i t-j^g ygj.^ l^ggj. Qf New-Netherland.'i- ' The name of Hoernkill or Harlot's creek, had ' as we are informed, its rise from the liberality of the '■ Indians, for lavishly prostituting, especially at that ' place, their maidens and daughters to our Nether- ' landers : Otherwise it is by David Pietersz de Uries, 'who about the year 1630 first endeavoured to settle * there, called Swanendal.' The above description however, in the general true at the time it was wrote, leaves room for a doubt, at least as to the origin of the name."- The probability lies that it arose from the creeks winding much in the shape of a horn ; whence the Dutch (and not the Swedes) first took occasion to call it the Hoernkill ; this is the tradition of tlie inhabitants there. Soon after English possession, it got the name of Lewis-Town, by which it is mostly called : It is situate at the mouth Alteration of Delaware bay.P- and is the general resort for pilots, in a creek . . i i • -\\t\ i and chan- waiting to convoy vessels up the river: Where the °^^* creek is described deep and sandy, is now a mowing marsh: The channel also by the Hoarkill, then used for vessels to pass, is diminished to about a hundred yards breadth at the mouth : The two islands, one very small, and the other but half a league in circumference, are n. The whole country from New-York to Pennsylvania, being then so called ; 'tis observable, that this author through the whole, gives the South river greatly the preference. 0, C. Golden in his history of the five nations pa. 11. relates a custom of the sa^e kind among them, but there does not appear BufEcient foundation to suppose these Indians originally justly charge- able with such a practice, at least of the tribes generally; and the relation of the Swedes is not in every instance to be depended on ; bad as the Indians now appear, and have many of them prov'd, they •were formerly better ; in a case doubtful 'tis perhaps best to err on the charitable side. p. The Delaware probably got it's name from ' the lord Delaware, 'who sailed in a ship of 250 tons, in April 1618, with 200 people 'for Virginia, but died at sea, Priiice's N. E. Chronology, p. 54. Of NEW- JERSEY. 69 .are now the first supposed to be ten, and the last thirty A. D. times as large as there described ; and this alteration in about a hundred years. CHAP. ly. King Charles the second, and duke of York's grants, whence lord Berkely and sir George Carteret, became seized of New- Jersey : The first constitution of govern- ment under them : The settlement of Bergen, Middle- tovm, Shrewsbury, and Elizabeth- Town. Philip Carteret appointed governor of Jersey: The Indian purchase of Elizabeth-Town, by the settlers ; and the first general Indian purchase by the proprietor, &g. TH E right of the crown of England to these provinces indisputably founded, as before deduced. King Charles the second, did by letters K. Char- patent, bearing date the twentieth day of March, errant. 1664, for the consideration therein mentioned, grant unto James, duke of York, his heirs and assigns, * all that part of the main land of New-England, ^ beginning at a certain place, called or known by the ' name of St. Croix, near adjoining to New-Scotland, * in America ; and from thence extending along the ' sea coast, unto a certain place called Pemaquie or ^ Pemaquid, and so up the river thereof, to the furthest ' head of the same, as it tendeth northward ; and ex- ^ tending from thence to the river of Kimbequin, and * so upwards by the shortest course, to the river Canada * northwards ; and also all that island or islands, com- ' monly called by the several name or names of Mato- ' wacks or Long-Island, situate and being towards * the west of Cape-Cod, and the narrow Higansetts, a ' butting upon the land between the two rivers, tliere ^ called or known by the several names of Connecticut ' and Hudson's river ; together also with the said river ' called 60 The history A. D. 1669. Duke of York's lease and release. ' called Hudson's river ; and all the land from the west ' side of Connecticut river, to the east side of Delaware ' bay ; and also several other islands and lands in the ' said letters patent mentioned ; together with the ' rivers, harbours, mines, minerals, quarries, woods, ' marshes, waters, lakes, fishings, hawking, hunting ' and fowling, and all other royalties, profits, commo- * dities and heriditaments to the said several islands, ' lands and premises, belonging or appertaining.' The duke of York being thus seized, did by his deeds of lease and release, bearing date the 2Sd, and 24th days of June, 1664, in consideration of a 'com- ' petent sum of money,' grant and convey unto John lord Berkely, baron of Stratton, one of the kings privy council ; and sir George Carteret, of Saltrum, in the county of Devon, knight, and one of the privy council, ? and their heirs and assigns forever ; all that ' tract of land adjacent to New-England, and lying ' and being to the westward of Long-Island and ' Manhattas island ; and bounded on the east part by ' the main sea, and part by Hudson's river ; and hath ' upon the west, Delaware bay or river ; and extendeth ' southward to the main ocean as far as Cape-May, *at the mouth of Delaware bay; and to the north- * ward as far as the northernmost branch of the said bay * or river of Delaware ; which is in 41 degrees and ' 40 minutes of latitude, and crosseth over tlience in a. ' straight line to Hudson's river, in 41 degrees of ' latitude ; which said tract of land is hereafter to be called ' Nova-Cesaria or New- Jersey ; and also all rivers, ' mines, minerals, woods, fishings, hawkings, huntings, 'and fowlings, and all other royalties, profits, com- * modities, and heriditaments whatsoever to the said ' land* q. Sir George Carteret was gevernor of Jersey, and held it for K. Charles ii in the troubles of 1649, — expelled the house of com- mons, in 1669 for confused accounts, as chamberlain. Sniollet. Treasurer of the navy, and vice chamberlain of the king's house- hold. Clarendon. Of NEW-JERSEY. 61 ' lands and premises, belonging or in any wise appear- A. D. * taining, with their and every of their appurtenances ^^^^• ' in as full and ample manner as the same is granted ' unto the said duke of York, by the before recited ' letters patents. The Lord Berkeley, and sir George Carteret, in Berkley r. , 1 . 1 . , and Carte- consequence 01 this conveyance, now sole proprietors j.g^>^ ^^.^^ of New-Jersey, for the better settlement thereof, constitu- . . . I, tions. agreed upon certain constitutions ot government; which were so well relished, that the eastern parts of the province were soon considerably peopled.'- This was the first constitution of New-Jersey, and it continued entire, till the province became divided in 1676. Sir George Carteret, then the only proprietor of the eastern division, confirm'd and explained the concessions, with a few additions. The county of Bergen Bergen, was the first settled place, a great many dutch being already there, Avhen the province was surrendered, re- mained under the English government. A few Danes were probably concerned in the original settlement of this county, whence came Bergen, after the capital of Norway. The manner of originally settling is singular, but small lots where their dwelling houses are, and these contiguous in the town of Bergen : Their plan- tations which they occupy for a livelihood, are at some distance ; the reason of fixing thus, is said to be through fear of the numerous Indians in the early times of their settlement, about forty or fifty years before the surrender, s. It r. Vide. Appendix, numb. i. s. The date of the Dutch settlement, will be nearly ascertained, by the following extract. — 'As some unknown country further 'southward, about Hudson's river was in their view (meaning the ' Plymouth colony) when they engaged in this adventurous voyage, 'Mr. Morton who published his memorial in 1620 tells us, he had ' then lately sure intelligence that the Dutch intending to settle a colony there of their own, privately hired the master of the ship to contrive delays in England, then to steer them to these northern ' coasts 62 The history A. D. 1669. Indian purchase of Eliza- beth Town and Nicoil's patent. Freehold. Elizabeth, Newark, Middle- town and Shrews- bury. It was in 1664, that John Bailej, Daniel Denton, and Luke Watson, of Jamaica, on Long-Island, purchased of certain Indian chiefs, inhabitants of Staten-Island ; a tract or tracts of land, on part of which the Town of Elizabeth now stands ; and for which (on their petition) governor Richard Nicolls granted a deed or patent to John Baker of New-York, John Ogden, of Northampton, John Bailey, and Luke Watson, and their associates ; dated at fort James, in New- York, the second of December.'. This was before lord Berkely's and sir George Carteret's title was known; and by this means, this part of the province had some few very early settlements, whether Middletown and Shrewsbury had not Dutch and English inhabitants before, we are not authorized to say : About this time however, was a great resort of industrious reputable farmers ; the English inhabitants from the west end of Long-Island, almost generally removed to settle hither; and most of them fixed about Middletown, from whence by degrees, they extended their settlements to Freehold and thereabouts. To Shrewsbury there came many families from New- England: There were very soon four towns in the province, viz. Elizabeth, Newark, Middletown, and Shrewsbury ; and these with the country round, were in a few years plentifully inhabited, by the accession of the Scotch, of whom there came a great many, such settlers aa came from England, those of the Dutch that remained, and those from the neighbouring colonies. Lord * coasts, and there under pleas of shoals and winter to discourage ' them from venturing farther. — Agreeable to this, while the English ' Leydeners (i. e. the said Plymouth company) were preparing for * their voyage, as capt. Dormer returned from Virginia to New- ' England, he met certain Hollanders, sailing for Hudson's river, ' where they had had a trade for several years. Prince's N. E. * Chronol. p. 83, 84." t. This is what is commonly called the Elizabeth-Town grant. OfNEW-JERSEY. 63 Lord Berkely and sir George Carteret having agreed A. D. upon their concessions, appointed Philip Carteret p_ Carte- governor of New-Jersey, and gave him power with retgover- the advice of the major part of the council, to grant lands to all such as by the concessions were entitled thereto, and tho' there is no provision in the concessions for bargaining with the Indians,"- Governor Carteret on his arrival thought it prudent to purchase their purchases rights : This was to be done for sums inconsiderable, of the In- in comparison with the damage a neglect might '^"^" have occasioned.^- For though the Indians about the English settlements, were not at this time considerable as to numbers, they were strong in their alliances, and besides of themselves could easily annoy the out plantations; and there having been before several considerable u. This in 1672 was supplied by particular instructions dirtoting that the governor and council should purchase all lands from the Indians and be reimbursed by the settlers, as they made their pur- chases. X. Richard Hartshorne, a considerable setler at Middletown, wlio came over in this year liad like to have experienced some disadvantage from this neglect in the patentees of that town, * The Indians says he 'came to my house, and laid their hands on the post and frame of 'the house and said that house was theirs, they never had any thing 'for it, and told me if I would not buy the land, 1 must be gone. ' But I minded it not, thinking it was Davis's land, and they ' wanted lo get something of me ; they at last told me they would kill ' my cattle and burn my hay. if 1 would not buy the hind nor l)egiaie; 'then I went to the Patentees, which were James Grover, Richard 'Stout, John Bound, and Richard Gibbons; they told me it was 'never bought, nor had the Indians any thing for it. Nicol Is desired 'of them and the Indians also, only to have leave lo st-t a trading * house, and at that time they did not intend any one should have the 'land, but keep it for the use of the country, always giving leave ' for any man to trade with goods and not otherwise ; but 1 told them 'I would not live on those terms, and not only so, but it was dan- 'gerous, for the Indians threatned to kill my cattle ; they told me no 'man had power to buy, but the pHtentees,"and they would buy it; 'thus it continued some months. I considered the thing as well as 'I then was capable, and went to Gravesend and bought Williajn 'Goulder out, and when I came back tlie Indians were at me and I 'did. James Grover, Richard Stoui, Samuel Spicer were at Wake- 'cake, when I bought Wake-cake and paid for it, I being then a 'Patentee as well as the rest.' 1669. 64 The HISTORY A. D. considerable skirmishes between the Dutch and them, in which some blood had been spilt, their friend- ship on this consideration it was thought stood but ticklish : Upon the whole, the governor so ordered it, that the comers were either to purchase of the Indians themselves, or if the lands were before purchased, they were to pay their proportions : The event answered his expectation, for as the Indians parted with the lands to their own satisfaction, they became of a jealous, shy people, serviceable good neighbours, and though frequent reports of their coming to kill the white peo- ple, sometimes disturbed their repose, no instance occurs of their hurting them,!/- in those early settlements. In the Dutch skirmishes with the Indians, it is said the English from Long-Island, together with such as were settled among the Dutch, used to join the latter in frequent excursions tip the rivers to annoy or figure of n^e'''°° among the Indians : There is a tradition, that in one of Dutch at- those expeditions up a Jersey river, one of the company the Indi- ^^ more curiosity or boldness than the rest, went at a^ns. some distance in the country to discover an Indian town, which at last he did, by coming upon it before he was well aware of his situation ; there were many seated quietly together ; at the instant he saw them, they saw him, he was surprized, but quickly recollecting him- self, took a paper out of his pocket, and with that boldly went up, telling them it was proposals from the government at York, and read at random such things as came into his head ; by this stratagem he got off unmolested, and discovering at York what he had seen, told the government, if they would send a party against them he would be their pilot : A party was accordingly sent, coming upon the Indians in the night, some of them found means to get in to windward of their little town, jj. That is the English here spoken of. Of NEW-JEESEY. 65 town and setting; fire to it, burnt the whole down ; their A. D. wigwams were built close together, and made of flags, bushes, and other light combustible matter, covered with the bark of trees, so that the fire burnt with vio- lence ; the Indians notwithstanding their surprise, took to their bows and arrows, and used them with dexterity and courage, till being overpowered, several of them were destroyed. That we may place traditional intelligence of this sort together, we will here venture at one more little occurrence of that kind ; but with this remark, that we pretend to no greater certainty in either, than what arises from the probability of facts supported by esta- blished credit of persons relating them, and the known hostilities at times subsisting between the Dutch and Indians in their early settlement. While New- York was in possession of the Dutch, about the time of the Indian war in New-England, a Dutch ship coming from Amsterdam, was stranded on Sandy Ilook,^. but the passengers got on shore ; among them was a young Dutchman who had been Case of a sick most of the voyage ; he was taken so bad after remarka- landing, that he could not travel ; and the other pas- l^'y saved sengers being afraid of the Indians, would not stay till Indians, he recovered, but made what haste they could to New- Amsterdam ; his wife however would not leave him, the rest promised to send as soon as they arrived : They had not been long gone, before a company of Indians coming down to the water side, discovered them on the beach, and hastening to the spot, soon killed the man, and cut and mangled the woman in such a manner that they left her for dead. She had strength enough to crawl up to some old logs not far distant, and getting into z. Other accounts say in Delaware, nigh Christeen, but this is anost likely to be true. E the 66 The HISTORY A. D. into a hollow one, lived mostly in it for several days^ subsisting in part by eating the excrescences that grew from it; the Indians had left some fire on the shore, which she kept together for warmth : having remained in this manner for some time, an old Indian and a young one coming down to the beacU found her ; they \vere soon in high words, which she afterwards understood was a dispute; the former being for keeping her alive, the other for dispatching : After they had debated the point a while, the first hastily took her up, and tossing her upon his shoulder, carried her to a place near where Middle- town now stands, where he dressed her wounds and soon cured her : After some time the Dutch at New-Amster- dam hearing of a white woman among the Indians, concluded who it must be, and some of them came to her relief; the old man her preserver, gave her the choice either to go or stay ; she chose the first : A while after marrying to one Stout, they lived together at Middletown among other Dutch inhabitants ; the old Indian who saved her life, used frequently to visit her ; at one of his visits she observed him to be more pensive than com- mon, and setting down he gave three heavy sighs ; after the last she thought herself at liberty to ask him what was the matter? He told her he had something to tell her in friendship, tho' at the risk of his own life, which was, that the Indians were that night to kill all the whites, and advised her to go off for New-Amsterdam ; she asked him how she could get off? he told her he had provided a canoe at a place which he named : Being gone from her, she sent for her husband out of the field, and discovered the matter to him, who not believing it, she told him the old man never deceived Iter, and that she with her children would go ; accord- ingly going to the place appointed, they found the canoe and paddled off. When they were gone, the husband began to consider the thing, and sending for five Of new-jersey. 67 five or six of his neighbours, they set upon their guard : A. D. About midnight they heard the dismal war-hoop ; pre- sently came up a company of Indians ; they first expo- stulated, and then told them, if they persisted in their bloody design, they would sell their lives very dear : Their arguments prevailed, the Indians desisted, and entered into a league of peace, which was kept with- out violation. From this woman, thus remarkably saved, with her scars visible, through a long life, is descended a numerous posterity of the name of Stout, now inhabiting New-Jersey : At that time there were supposed to be about fifty families of white people, and five hundred Indians inhabiting those parts. Governor Carteret did not arrive to his government of New-Jersey, till the ^atter end of the summer, 1665; till which time the province was under Nicolls's jurisdiction: On the arrival of the former, he sum- moned a council, granted lands, and administered the government on the plan of the general concessions, and took up his residence at Elizabeth-Town, to which it is said he gave the name, after Elizabeth, wife of sir George Carteret: With him came about thirty people ; some of them servants : They brought goods proper for the planting a new country ; and the governor soon afterwards sent persons into New-England, and other places, to publish the propri- etors concessions, and to invite people to settle there; upon which many soon came from thence : some settled at Elizabeth-Town, others at Woodbridge, Piscattaway and Newark : The ship that brought the governor, having remained about six months, retur- ned to England, and the year after made another voyage. Sundry other vessels were from time to time sent by the proprietors with people and goods, to encourage the planting and peopling their lands. Thus the province of East-New-Jersey increased in settlement 68 The HISTORY "tflfw' settlement, and continued to grow till the Dutch inva- sion in 1673, when they having got possession of the country, some stop was put to the English government ; but the treaty afterwards between king Charles the second, and the States general at London 1673-4, put all general difficulties of that kind out of dispute ; the sixth article whereof is in these words, * That whatever * country, island, town, haven, castle, or fortress, hath ^ been, or shall be taken by either party from the other ' since the beginning of the late unhappy war, whether ^ in Europe or elsewhere, and before the expiration of ^ the times above limited for hostility, shall be restored ^ to the former owner in the same condition it shall be * in at the time of publishing this peace/ Tho' the inhabitants were at variance among them- selves, there was also pretty constantly a resort of settlers between the years 1665 and 1673, and they increased fast afterwards. But the Elizabeth-Town purchasers and others, setting up a right, differing in some respects from that of the proprietors, and other incidents fulling out, which, though some of them inconsiderable, and others one would think might then easily have been settled, yet nourished by a more vindictive spirit on all sides than was immediately necessary, they occa- sioned much disturbance."- Carteret going for England Berry. in the summer, 1672, left capt. John Berry his deputy. He returned in 1674, and found the inhabitants more disposed to union among themselves, and bringing with him the king's proclamation, and a fresh commission and instructions from sir George Carteret, he sum- moned the people, and had them all published ; which for a while had a good effect towards restoring proprietary authority a. It is not our business to enter particularly into these disturbances they went in several instances to disreputable lengths. Governor Andros of York, in 1680, undertook to dispute governor Carteret of Jersey's commission, and sending to Elizabeth-Town an armed force, seized and carried him prisoner to New-York. Of new-jersey. 69 authority, and the publick peace : He remained gover- A. D. nor till his death in 1682. In his time the general assemblies and supreme courts sat at Elizabeth-Town, and the councils generally : Here the secretary's office, and most ocher publick offices were held ; here also most of the officers of the government then resided. In September 1671, an extraordinary council was 1671. held at New- York; present, Governor Lovelace, the mayor and secretary of New- York, major Steenwick, governor Philip Carteret, and captain James Carteret of New-Jersey : The occasion was this, William Tomm and Peter Alricks, had just arrived from Delaware, Particu- with the particulars of the Indian murders mentioned murders before, that two christians (Dutch men) had, as there ^7 ^^^^ I°- dicins, related, been murdered by some Indians at the island Matinicunk,^- on Delaware : Alricks being present at the council, informed them, the nation of whom these murderers were, consisted of about fifty or sixty persons, and that the mischiefs committed on Delaware this seven years, were said to be done by them : That the Indians their confederates (as it was supposed they would be if a war should follow) were about a thou- sand persons, besides women and children : That two of the saggamores of the nation of the murderers, promised their best assistance, to bring them in, or procure them to be knocked in the head, if counte- nanced b. The upper island situate partly between Burlington and Bristol, ■afterwards taken up by a proprietary right, by Robert Stacy, and by him given to Burlington; and in 1682, confirra'd by a proprie- tary law, for the use of a free school forever. It is detach'd irom the main by a little channel occasion'd by the waters of Essiscunk ■creek. Wlien Gookin, a former governor of Pennsylvania, waa about obtaining a grant of the islands in Delaware, it is said the lords of trade excepted thisin their report to the king and council, as having been already occupied ; and not on a footing with the other islands ; it is inconsiderable as to value compared with many of the others, yet long possession and some improvements, have rendered it useful to Burlington, 70 The HISTORY A. D. nanced by the government; and that many other Indians he met upon the road, much disallow'd of the murder, and were very sorry for it, and offered their assistance against them. Alricks further related,, that it was proposed by the sachems, as the best scheme to set upon this nation, to cause a kintecoy to be held ; and that in the midst of their mirth, one should be hired to knock them in the head ; adding, as his own opinion, that the best time to fall upon them was about the 25th October ; because after that their usual manner was to go a hunting, and then they could not be easily found : But now the immediate danger was of their destroying the corn and cattle of the christians, and that the murders were owing to Tashiowycan, who- having a sister dying, expressed great grief for it, and said the Mannetta hath killed my sister, and I will go kilt the christians ; and taking another with him, they toge- ther executed the barbarous facts. This information considered, the council concluded, that Thomas Lewis, then bound with his sloop for New-Castle, should be stayed from his voyage, for three or four days when Alricks and Henry Courtu- rier, would be ready to go with him ; that in the mean time, general instructions should be drawn to take along with them : That the Governor of New- Jersey, and capt. James Carteret, (then present) should expeditiously order a general assembly to be called in that government, (according to their custom upon all emergent occasions) to know the people's strength and readiness; and how far they were willing to contribute towards the prosecution of a war against the Indians. That a frequent correspondence be kept between the two governments, and that nothing be done in this Indian War, without mutual advice and consent of both the governors ; unless upon extraordinary oppor- tunity, where advantage against the enemy might suddenly be taken, before notice could be given. These Or NEW-JERSEY. 71 These resolutions taken, the next step was to tran- ^\P' «mit instructions to William Torara, (he was either one of the commissaries appointed by Carre, and the authority at New-Castle, or a kind of deputy under them, up Delaware) that he might forecast how a war might be prosecuted to the best advantage; and it requiring time to get things in order, all the frontier scattering plantations, were immediately to thresh out or remove their corn, and dispose their cattle, so as to receive the less damage by the effects of the war: Next he was to order, that none on pain of death, should presume to sell any powder, shot, or strong waters to the Indians ; and that in the mean time, the inhabitants were to carry (if such a thing was practi- ■cable) a seeming complacency with the nation of whom were the murderers, either by treaty or traffick, to jjrevent suspicion of the designs on foot ; but withall it was directed, that if they would either deliver up the murderers, or their heads ; the English were at liberty to assure them of no disturbance. Lovelace also wrote to Carre upon this occasion, to be vigilant in making preparations for the war ; and as directions , but the saohems have ordered you to die : He demanded what his brothers said ; being told they also said he must die, he then holding his hands before his eyes, said Idll me: Upon this the other Indian, not his intimate, shot him in the breast : They took his body to Wickaco, and after- wards hung it in chains at New-Castle : The English gave the sachems for this, five matchcoats. The other murderer hearing the shot, ran naked into the woods, and what came of him after, appears not. The Indians upon this death, summoned many of their young men, and before the English, told them, that now they saw a beginning of punishment, and all that did the like- should be so served. Thus ended an aifair, which while these Indians were a formidable body, looked discouraging. The town of New-Castle, in the spring, 1672, was by the government at York, made a corporation, to be governed by a bailiff and six assistants ; after the first year the four old to go out, and four others to be chosen : The bailiff was president, with a double vote ; the constable chosen by the bench ; they had. power to try causes as far as ten pounds, without appeal : The English laws were established in the town, and among the inhabitants on both sides Delaware : The office of Schout was converted into a sheriff, for the corporation and river, annually chosen ; and they were to have free trade without being obliged to make entry at New- York, as heretofore had been the practice. About this time happened a considerable disturbance- at the Hoarkills : A party from Maryland, headed by one Of NEW- JERSEY. 73 one Jones, made an incursion, and bindino; the ma- A. D, gistrates, and other inhabitants, carried off what plunder they could ; being joined by Daniel Brown, a planter at the Hoarkills ; he was sent to New- York, took his tryal and was convicted ; but on promises of amendment, and a small security for future good behaviour dismissed. With respect to the Marylanders, Lovelace's letter to that governor, shows him to have had some spirit, tho' his character in general was rather that of an upright, but timid governor and good natured man : It is dated the 12th of August, 1672. To Philip Calvert, Esq ; governor of Maryland. Sir, ' I thought it had been impossible now in ^these por- tendino; boisterous times, wherein all true hearted Governor Englishmen, are buckling on their armour to vindi- i-ioveiacea cate their honours, and to assert the imperial interest to the of his sacred majesty's rights and dominions ; that governor now without any just grounds, either given or pre- of Mary- tended, such horrid outrages should be committed '^" ' on his majesty's liege subjects, under the protection of his royal highness's authority, as was exercised by one Jones, who with a party as dissolute as himself, took the pains to ride to the Hoarkills, where in derision and contempt of the duke's authority, bound the magistrates and inhabitants, dispitefuUy treated them, rifled and plundered them of their goods ; and when it was demanded by what authority he acted, answered in no other language but a cock'd pistol to his breast; which if it had spoke had for- ever silenced him. I do not remember I have heard of a greater outrage and riot committed on his majesty's subjects in America, but once before in Maryland : You cannot but imagine his royal high- ness will not be satisfied with these violent proceed- ings, in which the indignity rebounds on him : •neither can you but believe it is as easy an under- taking, for me to retaliate the same affront on Jones's head, 74 The history A. D. 1672. Governor Lovelace to Carre. ' head, and accomplices, as he did on those indefen- ' cible inhabitants : But I rather chuse to have first a ' more calm redress from you ; to whom I now appeal, ' and from whom may in justice expect that right in * the castigation of Jones cum socies, that your * nature and the law has provided for ; otherwise I ' must apply myself to such other remedies as the ' exigence of this indignity shall persuade me to : ' Thus leaving it to your consideration, I shall remain ' your very humble servant, Fr. Lovelace.' Governor Lovelace also wrote to capt. Carre upon this occasion. Sir, ' The letters you sent by the express over land came safe to my hands, with the inclosed relation and papers concerning the Hoarkill, and the Marylanders forcibly possessing themselves of the place, as also of the goods and estates of some of the inhabi- tants, of which we had some rumours before, but did not give much credit to it ; supposing what was done before, to be the rash action of some private person ; not thinking the authority of Maryland would invade his I'oyal highness's territories, which he hath been possess'd of for near eight years, without giving the least overture of it to me, who am his royal highness's deputy ; Their former violent action and force, upon those poor unarm'd people, together with the particulars of their plunders, I had immediate opportunity of transmitting to his royal highness by a ship then bound away for London, the which I made use of, and recommended their case; and I hope it hath long e'er this arrived to his hands ; so that some directions about it may be expected in a short time; till when I think it best for the present to leave matters there as they are ; but as to the cloud which likewise hangs over your heads at Delaware, which it is said they are making preparations to invade ; my instruc- tions and orders to you, and the officers in general, are, that you put yourselves in the best posture of defence Of new-jersey. 75 defence possibly you can, by fitting up the fort in the A. D. town, keeping your companies in arms, both there ^QT^- and up the river ; who are to provide themselves with fitting ammunition ; and that all soldiers be at an hour's warning upon any alarm or order given ; and that at the town especially, you make your guards as strong as you can, and keep a strict watch ; and if any enemy comes to demand the place, that you first desire to know their authority and commission, and how it comes to pass those of Maryland should now make such an invasion, after so long quiet possession of those parts by his royal highness's deputies, under his maje- sty's obedience, and by other nations before that, several years before the date of the lord Baltimore's patent, whom they never disturbed by arms, and whose right is now devolved upon the duke. Stand well upon your guard, and do not begin with them, but if they first break the peace by firing upon your guards, or any such hostile action, then use all possi- ble means to defend yourselves and the place, and command all his majesty's good subjects to be aiding and assisting to you; who I hope will not be wanting to their abilities: In all matters of concern, you are to take advice of the chief officers there. 'This will come to you by your bailiff, Mr. Peter Alricks, who is hastening over land, to secure his affairs there, in this portending invasion, and to give his best help for the safeguard of the place, and his royal highness's interest upon all occasions: Fail not to send an express to me, by whom I shall give you such further directions and assistance as will be requisite ; and if occasion should be, will come over myself in person ; though the spring would be more suitable for me than a winter voyage ; so recommending all things to your care and vigilance, of which I expect a good account : I conclude, being your very loving friend, Fort James, in New- York, \ j, • Lovelace ' ' this 7th October, 1672. / ^ ^^""^"^ i^ovelace. The 76 The history A. D. 1672. New- Castle, &c. plundered by priva- teers. Wampum. 1673. 1674. Sir George Carteret's instructi- ons. The inhabitants at New-Castle and the Hoarkills- also suffered considerable losses, by Dutch privateers plundering their effects. For reparation, they were permitted by the government to lay an imposition, and power given to the magistrates, to levy and receive upon each anchor of strong liquors spent or disposed of among them, the value of four guilders in wampum,c- but this to continue for one year only, as a tryal of its utility. Wampum was the chief currency of the country ; Great quantities had been formerly brought in, but the Indians had carried so much away, it was now grown scarce ; and this was thought to be owing to its low value. To increase it, the governor and council at York issued a proclamation in 1673, that instead of eight white and four black, six white and three black wam- pums should pass in equal value as a stiver or penny ; and three times so much the value in silver. This pro- clamation was published at Albany, Eusopus, Dela- ware, Long-Island, and parts adjacent. Mention was made that sir George Carteret by his instructions to governor Carteret, confirmed the original concessions with additions and explanations : These bore date the 13th of July 1674: Among other things they direct, that the governor and council should allow eighty acres per head, to settlers above ten miles from the sea^ the Delaware, or other river, navigable with boats; and c. Eight white wampum or four black, passed at this time as a stiver, twenty stivers made what they called a guilder, which was about six pence present currency. The white wampum was worked out of the inside of the great conques into the form of a bead, and perforated to string on leather. The black or purple was worked out of the inside of the mussell or clam-shell, they were sometimes wove as broad as ones hand, and about two feet long; these tlie Indians call belts, and commonly give and receive at treaties, as seals of their friendship : For lesser matters a single string is given. Every bead is of a known value, and a belt of a less number is made to equal one of a greater, by so many as is wanting fastened to the belt by a string. Of new-jersey. 77 and to those that settled nearer, sixty acres : That the land A , D. should be purchased from the Indians, as occasion required, by the governor and council, in the name of the proprietors, who were to be repaid by the settlers with charges :f^- That all strays of beasts at land, and wrecks at sea, should belong to the proprietor ; and that all persons discovering any such thing, should have satisfaction for their pains and care, as the governor and council might think fit. CHAP. V. Major Andros appointed governor at New- Yoi^h : Takes possession at Delaware : Arrival of the first English settlers to West- Jersey, under the duke of York^s title : Lord Berkely assigns his moiety of New-Jersey to Byl- linge, and he in trust to others : Their letter and first commission: New-Jersey divided into the provinces, JJast and West- Jersey ; and the declaration of the West- Jersey proprietors. ABOUT the month of October 1674, major Ed- 1674. mund Andros^- arrived governor, under the duke of York ; he soon after authorized captain Cantwell Major and William Tomm, to take possession of the fort and Andros. stores at New-Castle, for the king's use, pursuant to the late treaty of peace, and to take such other measures for their settlement and repose at New-Castle, the Hoar- kills, and other parts of Delaware, as they thought best; requiring them to comport themselves towards the d. A paragraph of this fort, is also inserted in one of the letters of instruction from lord Berkely and sir George Carteret, in conjunction, in 1672. e. He was afterwards knighted ; he bore the unfavourable cha- racter of an arbitrary governor, who made the will of his despotic master (James ii.) and not the law, the chief rule of his conduct. 78 The history A. D. 1674. Proclama- tion. the neighbouring colonies in an amicable manner. This done, he published a proclamation in the words following : ' Whereas it hath pleased his majesty and his royal ' highness, to send me with authority, to receive this * place and government from the Dutch, and to con- ' tinue in the command thereof under his royal high- * ness, who hath not only taken care for our future * safety and defence, but also given me his commands * for securing the rights and properties of the inhabi- * tants, and tliat I should endeavour by all fitting * means, the good and wellfare of this province, and ' dependencies under his government ; that I may not ' be wanting in any thing that may conduce thereunto, ' and for the saving of the trouble and charge hither, ' for the satisfying themselves in such doubts as might ' arise concerning their rights and properties upon the ' change of government, and wholly to settle the minds 'of all in general, I have thought fit to publish and ' declare, that all former grants, privileges or conces- 'sions heretofore granted, and ail estates legally posses- * sed by any under his royal highness, before the late * Dutch government, (as also all legal judicial proceed- * ings during that government, to my arrival in these * parts) are hereby confirm'd, and the possessor by * virtue thereof, to remain in quiet possession of their * rights : It is hereby further declared, that the known ' book of laws formerly established and in force under ' his royal highness's government, is now again con- ' firmed by his royal highness ; the which are to be * observed and practised, together with the manner and ■^ time of holding courts therein mentioned as hereto- ' fore ; and all magistrates and civil officers belonging * thereunto, to be chosen and established accordingly. ' Given under my hand in New- York, this 9th day of ^ November, in the twenty-sixth year of his majesty's * reign, annoque domini 1674.' Andros being now seated in his government, we fihall leave him, and take a view of other matters: First Of new-jersey. 7& First respecting the arrival of a few passengers from A.^p. England to West- Jersey : One moiety or half part of the province of New-Jersey, belonged to the lord Ber- First arri- keley, and now about was sold to John Fenwick, in jgi-g^^ ^^* trust for Edward Byllinge and his assigns. Fenwick in 1675, set sail to visit the new purchase in a ship from London, called the Griffith ; arriving after a good passage, he landed at a pleasant rich spot, situate near Delaware, by hira called Salem, probably from the peaceable aspect it then bore. He brought with him two daughters, and many servants, two of which^ Samuel Hedge and John Adams, afterwards married his daughters ; other passengers were, Edward Champ- ness, Edward Wade, Samuel Wade, John Smith and wife, Samuel Nichols, Richard Guy, Richard Noble^ Ricliard Hancock, John Pledger, Hipolite Lufever, and John Matlock ; these, and others with them, were masters of families. This was the first English ship that came to West-Jersey, and none followed for near two years, owing probably to a difference between Fenwick and Byllinge. But this difference being settled to the satisfaction of both parties, by the good offices of William Penn, Byllinge agreed to present his interest in the province of New-Jersey, to his creditors, as all that he had left, towards their satisfaction, and desir'd Penn to join Gawen Lawrie and Nicholas Lucas (two of his creditors) and they together to be trustees : Penn at first unwilling, was by the importunity of some of the creditors, pre- vailed on ; and with the others accepting the charge, they became trustees for one moiety or half part of the province ; which tho' yet undivided, necessity pressing, they soon sold a considerable number of shares of their propriety to different purchasers, who thereupon became proprietors (according to their different shares) in common with them ; and it being necessary that some scheme 80 The HISTORY A. D. scheme should be fallen upon, as well for the better distribution of rights to land, as to promote the settle- Western ment, and ascertain a form of government; con- concessions cessions were drawn, mutually agreed on, and signed by some of the subscribers,e. (for they did not all sign at once.) It was next the business of the proprietors, who held immediately under lord Berkely, to procure a division of the province, which after some time was effected ; and then as an expedient for the present well ordering matters, they wrote the following letter o London, 26th of 1G76. Kichard Hartshorne. the 6th month, 1676. ' We have made use of thy name in a commission ' and instructions, which we have sent by James Wasse, ' who is gone in Samuel Groome's ship for Maryland ; * a copy of which is here inclosed, and also a copy of a * letter we have sent to John Fen wick, to be read to * him in presence of as many of the people that went * with him as may be ; and because we both expect, * and also entreat, and desire thy assistance in the same * we will a little shew things to thee, that thou may * inform not only thyself, but friends there; which in ' short is as follows. ' 1st. We have divided with George Carteret, and ^ have sealed deeds of partition, each to the other ; and * we have all that side on Delaware river from one end ' to the other ; the line of partition is from the east side * of little Egg Harbour, straight North, through the * country, to the utmost branch of Delaware river ; with ^ all powers, privileges, and immunities whatsoever : * ours is called New West- Jersey, his is called New * East- Jersey. ' 2d. We have made concessions by ourselves, being * such as friends here and there (we question not) will * approve of, having sent a copy of them by James * Wasse ; there we lay a foundation for after ages to * understand their liberty as men and christians, that they *may «. Appendix numb. iL Of new-jersey. 81 ^ may not be brought in bondage, but by their own A. T). ' consent ; for we put the power in the people, that * is to say, they to meet and choose one honest man ' for each propriety, who hath subscribed to the conces- * sions ; all these men to meet as an assembly there, to ' make and repeal laws, to choose a governor, or a com- ' missioner, and twelve assistant^, to execute the laws ' during their pleasure ; so every man is capable to ' choose or be chosen : No man to be arrested, con- ' demned, imprisoned, or molested in his estate or * liberty, but by twelve men of the neighbourhood : ' No man to lie in prison for debt, but that his estate ' satisfy as far as it will go, and be set at liberty to ' work : No person to be called in question or molested * for his conscience, or for worshipping according to ' his conscience ; with many more things mentioned ' in the said concessions. ' 3. We have sent over by James Wasse, a com- ■* mission under our hands and seals, wherein we im- * power thyself, James Wasse and Richard Guy, or ■' any two of you, to act and do according to the in- * structions, of which here is a copy ; having also sent * some goods, to buy and purchase some land of the * natives. ' 4. We intend in the spring to send over some more ■' commissioners, with the friends and people that ^ cometh there, because James Wasse is to return in * Samuel Groom's ship for England : for Richard Guy, * we judge him to be an honest man, yet we are afraid ' that John Fenwick will hurt him, and get him to * condescend to things that may not be for the good '* of the whole ; so we hope thou wilt ballance him to ^ what is just and fair; that John Fenwick betray him ' not, that things may go on easy without hurt or jar ; ■' which is the desire of all friends; and we hope West ^ Jersey will be soon planted ; it being in the minds of * many friends to prepare for their going against the •* spring. F 5. Having 82 The history ' 5. Having thus far given thee a sketch of things, we come now to desire thy assistance, and the assistance of other friends in your parts ; and we hope it will be at length an advantage to you there, both upoa truth's account, and other ways; and in regard many families more may come over in the spring to Delaware side, to settle and plant, and will be assigned by us to take possession of their particular lots ; we do entreat and desire, that thou, knowing the country, and how to deal with the natives ; we say, that thee, and some other friends, would go over to Delaware side, as soon as this comes to your hands, or as soon as you can conveniently ; and James Wasse is to come to a place called New-Castle, on the other side of Delaware river, to stay for thee, and iny that will go with him ; and you all to advise together, and find out a fit place to take up for a town, and agree with the natives for a tract of land ; and then let it be surveyed and divided in one hundred parts ; for that is the method we have agreed to take, and we cannot alter it ; and if you set men to work to clear some of the ground, we would be at the charges; and we do intend to satisfy thee for any charge thou art at, and for thy pains : This we would not have neglected ; for we know, and you that are there know, that if the land be not taken up before the spring, that many people come over there, the natives will insist on high demands, and so we shall suffer by buying at dear rates, and our friends that cometh over, be at great trouble and charges until a place be bought and divided ; for we do not like the tract of land John Fenwick hath bought, so as to make it our first settle- ment ; but we wOuld have thee and friends there, to provide and take up a place on some creek or river, that may lie nearer you, and such a place as you may like ; for may be it may come in your minds to come over to our side, when you see the hand of the Lord with us ; and so we can say no more, but leave the thing with you, believing that friends there will have a regard to friends settling, that it may be done *ijQ Of NEW-JERSEY. 83 * in that way and method, that may be for the good of A. D. * the whole ; rest thy friends, ^^'^^' Gawen Laurie, William PeNn, Nicholas Lucas, E. Byllinge, John Edridge, Edmond Warner. 'London, the 18th of 6th month called August, 1676. ' We whose names are hereunder subscribed, do Proprie- give full power, commission and authority, unto |,°^^ ^j^'^^ James Wasse, Richard Hartshorne and Richard Guy, to James or any two of them, to act and do for us according Wasse and to the following instructions; and we do engage to ir^'^'j^'^ ratify and confirm whatsoever they shall do in prose- hJrne, &c. cution of the same. ' 1. We desire you to get a meeting with John Fen- wick, and the people that went with him, (but we would not have you tell your business,) until you get them together ; then show and read the deed of parti- tion with George- Carteret ; also the transactions be- tween William Penn, Nicholas Lucas, Gawen Lawrie, John Edridge and Edmond Warner, and then read our letter to John Fenwick and the rest, and shew John Fenwick he hath no power to sell any land there, without the consent of John Edridge and Edmond Warner. * 2. Know of John Fenwick, if he will be willing peaceably to let the land he hath taken up of the natives be divided into one hundred parts, according to our and his agreement in England, casting lots for the same, we being willing that those who being settled and have cultivated ground now with him, shall enjoy the same, without being turned out, although they fall into our lots : Always provided, that we be reimbursed the like value and quantity in goodness out of John Fenwick's lots : And we are also content to pay our ninetieth parts of what is paid to the natives for the same, and for what James Wasse hath pur- ' chased 84 The history A. D. 1676. ' chased of John Fenwick, and he setting out the same ' unto him, not being in a place to be allotted for a * town upon a river, but at a distance, and the said ' John Fenwick allowing us the like value in goodness * in some other of his lots ; we are willing he shall ' possess the same from any claiming by or under us ; * and for the town lots we are willing he enjoy the same ' as freely as any purchaser buying of us. ' 3. Take informations from some that knows the * soundings of the river and creeks, and that is ac- ^ quainted in the country, and when James Wasse is in ^ Maryland, he may enquire for one Augustin, who as * we hear did found most part of Delaware river and * the creeks : He is an able surveyor ; see to agree with * him to go with you up the river as far as over against * New-Castle, or further if you can, so far as a vessel ' of a hundred tun can go ; for we intend to have a way ' cut cross the country to Sandy-Hook ; so the further ' up the way, the shorter : and there, upon some creek or ' bay, in some healthy ground, find out a place fit to * make a settlement for a town ; and then go to the In- ' dians, and agree with them for a tract of land about ^ the said place, of twenty or thirty miles long, more or ' less, as you see meet, and as broad as you see meet. * If it be to the middle, we care not ; only enquire if * George Carteret, have not purchased some there * already, that so you may not buy it over again. ' 4. Then lay out four or five thousand acres for a ' town ; and if Agustin will undertake to do it reason- ^ ably, let him do it ; for he is the fittest man ; and if he * think he cannot survey so much, being in the winter * time, then let him lay out the less for a town at present, * if it be but two thousand acres, and let him divide it in * a hundred parts ; and when it is done, let John Fen- ' wick, if he please, be there ; however, let him have ' notice : But however, let some of you be there, to see ' the lots cast fairly by one person that is not concerned , ^ The lots are from number one to a hundred, and put * the same numbers of the lots on the partition trees for "* distinction. '6. If Of new-jersey. 85 ' 5. If John Fenwick, and those concerned with him, A. D. ■^ be willing to join with you in those things as above, •^^^*^- ■^ which is just and fair, then he or any of them, may * go along with you in your business ; and let them pay ' their proportion of what is paid to the natives, with * other charges : And so he and they may dispose of ' their lots with consent of John Edridge and Edmund 'Warner; which lots are, 20, 21, 26, 27, 36, 47, * 50, 57, 63, 72. ' 6. If John Fenwick and his people, refuse to let ' the land they have taken up of the natives be divided, * and refuse to join with you ; you may let the country * know in what capacity John Fenwick stands, that he * hath no power over the persons or estates of any man ' or woman more than any other person. ' 7. What land you take of the natives, let it be ^ taken, viz. ninety parts for the use of William Penn, Gawen Lawrie and Nicholas Lucas, and ten parts for John Edridge and Edmond Warner. ' 8. After you have taken the land as above, and divided for a town or settlement, and cast lots for the same as above ; then if any have a mind to buy one or more proprieties, sell them at two hundred pound specie ; they taking their lots as theirs do ; paying to you in hand the value of fifty pounds in part of a propriety, and the rest on sealing their conveyance in London ; and so they may presently settle. When any of the lots fall to us, that is to say, he that buy- eth a propriety may settle on any one lot of ninety parts ; which said persons that buys, and what lots falls to thein, there they may settle, and acquaint us what numbers they are; and if any will take land to them and their heirs forever, for every acre taken up in a place laid out for a town, according to the con- cessions, they are not to have above what shall fall by lot to a propriety in a town. ' 9. What charges James Wasse is at, by taking up the land of the natives, we do oblige to pay the same unto him again, with what profits is usual there ' upon English goods ; and he may pitch upon two lots, ' one 86 The history one in each town ; if they be taken up before he comes away, to his own proper use, for his trouble and pains : And we do also engage to allow and pay what charges any of our commissioners shall disburse in executing these our instructions, to them or their assigns. * 10. Let us be advised by the first ship that cometh for England, of all proceedings hereupon, and write to the friends at Sandy-Hook, letting them know how things are, and that we have divided with George Carteret, and that our division is all along on Dela- ware river ; and that we have made concessions by our selves, which we hope will satisfy friends there. If John Fenwick, or any of the people with him, desire a copy of the deed of partition, let them have it. * 11. We desire that our original deed may be kept in your own custody, that it may be ready to shew unto the rest of the commissioners, which we intend tO' send over in the spring, with full power for settling things, and to lay out land, and dispose upon it, and for the settling some method of government according to the concessions. '12. If you cannot get Augustin to go with you^ or that he be unreasonable in his demands ; then send a man to Thomas Bushroods, at Essex lodge, in York river, for William Elliot, who writes to Gawin Lawrie this year, and offered himself to be surveyor, and tell him you had orders from said La^Tie to send for him, and take him with you. He will be willing to be there all winter, and will survey and do other things. He had a good character in Virginia, but was not able to keep it ; he is a fair conditioned sober man : Let him stay there all winter, and order him some- thing to live upon. ' 13. If the said Elliot go with you, give him direc- tions what to do. If you cannot stay till a place for a town be surveyed, yet we think you may stay until you have not only pitched upon a place for a town, but also upon a place for a second town and settlement, and have marked out the place round about there, and *let Of new-jersey. 87 *■ let William Elliot divide both, which no doubt but A. D. *• he may do before the spring, that we send over more '^^l^- ' commissioners and people ; and if John Fenwick be ' willing to go on jointly with you there, his surveyor * may go along and help ours, and the charges shall be ' brought in for both proportionably on all. Mind this, ' and speak to Richard Guy, or Richard Hartshorne, ' and leave orders with them to let William Elliot have ' provisions for himself till spring, and we shall order ' them satisfaction for the same ; and if there be no * house near the place you take up for the surveyors to ' lodge in, then let there be a cottage built for them ' on the place, and we will allow the charges. ' 14. And whereas there is tackling there already, * for fitting of a sloop, as we judge, in the custody of ^ Richard Guy : We also give you power if you see * meet, and that it be of necessary use and advantage ' for the whole concern, you may order these ship-car- ^ penters to build a sloop suitable for these materials, ^ and appoint them some provision for their food, and ^ for the rest of their wages they shall either have it in * a part of the sloop, or be otherwise satisfied in the ^ spring of the year ; the said sloop to be ordered and ■^ disposed upon by you until more commissioners come ^ over with further instructions. ' 15. For the goods we have sent over with James * Wasse are to disposed upon for purchasing land from * the natives or otherwise as need is, giving us account ^ thereof. Nicholas Lucas, William Penn, Edmond Warner. Gawin Lawrie, E. Byllinge, The instrument for dividing the province being agreed on by sir George Carteret on the one part, and the said E. Byllinge, William Penn, Gawen Lawrie, and Nicholas Lucas on the other, they together signed a Quintipartite deed, dated the first day of July, 1676./- The /. Vid. Grants, concessions, &c. publish'd by A. Learning and J". Spicer. p. 61, &c. 88 The history A.D. 1676. Epistle. The line of division being thus far settled, each took their own measures for further peopling and improving^ their diiferent shares. Sir George Carteret had greatly the advantage respecting improvements, his part being (as we have seen) already considerably peopled : The- western proprietors, soon published a description of their moiety ; on which many removed thither : But lest any should not sufficiently weigh the importance of this undertaking, and for other reasons, the three principal proprietors published the following cauti- onary epistle. Dear friends and brethren, ' In the pure love and precious fellowship of our * Lord Jesus Christ, we very dearly salute you : Foras- ' much as there was a paper printed several months 'since, entitled. The description of New- West- Jersey^ ' in the which our names were mentioned as trustees * for one undivided moiety of the said province : And ' because it is alledged that some, partly on this account,. ' and others apprehending, that the paper by the man- ' ner, of its expression came from the body of friends, ' as a religious society of people, and not t'rom parti- ' culars, have through these mistakes, weakly concluded ' that the said description in matter and form might be * writ, printed and recommended on purpose to promp ' and allure people, to dis-settle and transplant them- * selves, as it's also by some alledged : And because ' that we are informed, that several have on that ' account, taken encouragement and resolution to trans- ' plant themselves and families to the said province ; ' and lest any of them (as i$ feared by some) should. * go out of a curious and unsettled mind, and others * to shun the testimony of the blessed cross of Jesus, 'of which several weighty friends have a godly jealousy ' upon their spirit* ; lest an unwarrantable forwardness^ ' should act or hurry any beside or beyond the wisdom, ' and counsel of the lord, or the freedom of his light ' and spirit in their own hearts, and not upon good and ' weighty groiinds : It truly laid hard. upon, us, to let 'ixiends Of new-jersey. 89 friends know how the matter stands ; which we shall A. D. endeavour to do with all jclearness and fidelity. 1676, ' 1. That there is such a province as New- Jersey, is certain. ' 2. That it is reputed of those who have lived and have travelled in that country, to be wholesome of air and fruitful of soil, and capable of sea trade, is also certain ; and it is not right in any to despise or dispraise it, or disswade those that find freedom from the Lord, and necessity put them on going. ' 3. That the duke of York sold it to those called lord Berkeley, baron of Stratton, and sir George Car- teret, equally to be divided between them, is also certain. ' 4. One moiety or half part of the said province, being the right of the said lord Berkeley, was sold by him to John Fenwick, in trust for Edward Byllinge, and his assigns. ' 5. Forasmuch as E. B. (after William Penn had ended the difference between the said Edward Byl- linge and John Fenwick) was willing to present his interest in the said province to his creditors, as all that he had left him, towards their satisfaction, he desired William Penn (though every way unconcerned) and Gawen Lawrie, and Nicholas Lucas, two of his creditors, to be trustees for performance of the same ; and because several of his creditors, particularly and very importunately, pressed William Penn to accept of the trust for their sakes and security ; we did all of us comply with those and the like requests, and accepted of the trust. ' 6. Uj)on this we became trustees for one moiety of the said province, yet undivided : And after no little labour, trouble and cost, a division was obtained between the said sir George Carteret and us, as tru- stees : The country is situated and bounded as is expressed in tlie printed description. ' 7. This now divided moiety is to be cast into one hundred parts, lots, or proprieties ; ten of which upon the agreement made betwixt E. Byllinge and J. ' Fenwick^ 90 The HISTORY A. D. ' Fenwick, were settled and conveyed unto J. Fenwick, 1676. < jj-g executors and assigns, with a considerable sum of ' money, by way of satisfaction for what he became * concerned in the purchase from the said lord Berkely, ' and by him afterwards conveyed to John Edridge * and Edmond Warner, their heirs and assigns. ' 8. The ninety parts remaining are exposed to sale, ' on the belialf of the creditors of the said E. B. And * forasmuch as several friends are concerned as creditors, ' as well as others, and the disposal of so great a part ' of this country being in our hands ; we did in real * tenderness and regard to friends, and especially to the * poor and necessitous, make friends the first offer ; * that if any of them, though particularly those that ' being low in the world, and under trials about a ' comfortable livelihood for themselves and families, * should be desirous of dealing for any part or parcel ^ thereof, that they might have the refusal. ' 9. This was the real and honest intent of our hearts, * and not to prompt or allure any out of their places, * either by the credit our names might have with our * people throughout the nation, or by representing the * thing otherwise than it is in itself. * As for the printed paper sometime since set forth by * the creditors, as a description of that province ; we ' say as to two passages in it, they are not so clearly and * safely worded as ought to have been ; particularly, in * seeming to limit the winter season to so short a time ; * when on further information, we hear it is sometime * longer and sometime shorter than therein expressed ; *and the last clause relating to libeicy of conscience, * we would not have any to think, that it is promised or 'intended to maintain the liberty of the exercise of 'religion by force and arms; though we shall never * consent to any the least violence on conscience ; yet it * was never designed to encourage any to expect by 'force of arms to have liberty of conscience fenced ' against invaders thereof. '10. Of NEW-JERSEY. 91 ' 10. And be it known unto you all, in the name and A. D. * fear of Almighty God, his glory and honour, power ' ^ and wisdom, truth and Jtingdom, is dearer to us than * all visible things ; and as our eye has been single, and ^ our heart sincere to the living God, in this as in other ^ things ; so we desire all whom it may concern, that ^ all groundless jealousies may be judged down and ^ watched against, and that all extremes may be avoided * on all hands by the power of the Lord ; that nothing * which hurts or grieves the holy life of truth in any that ^ goes or stays, may be adhered to ; nor any provo- * cations given to break precious unity. ' This am I, "William Penn, moved of the Lord, ' to write unto you, lest any bring a temptation ' upon themselves or others ; and in offending the ' Lord, slay their own peace : Blessed are they that can ' see, and behold him their leader, their orderer, their ' conductor and preserver, in staying or going : Whose is 'the earth and the fullness thereof , and the cattle upon a ' thousand hills. And as we formerly writ, we cannot ' but repeat our request unto you, that in whomsoever ' a desire is to be concerned in this intended plantation, ' such would weigh the thing before the Lord, and not ' headily or rashly conclude on any such remove ; and ' that they do not offer violence to the tender love of ^ their near kindred and relations ; but soberly and con- ' sdentiously endeavour to obtain their good wills, the ^ unity of friends where they live ; that whether they go * or stay, it may be of good favour before the Lord (and 'good people) from whom only can all heavenly and * earthly blessings come. This we thought good to write ' for the preventing of all misunderstandings, and to ^ declare the real truth of the matter ; and so we com- ' mend you all to the Lord, who is the watchman of * his Israel. We are your friends and brethren. William Penn, Gawen Lawrie, Nicholas Lucas. CHAP. 92 The history A. D. 1677. WesU Jersey commis- sionera. CHAP. VI. Arrival of more settlers to West-Jersey ; their difficulties ; Hieir purchases from the Indians ; they lay out a toion ; some of their first sentiments of the country, and an account of the duke of Yoi'k's two last grants, being for the provinces East and West New-Jersey, separately. AMONG other purchasers of the West-Jersey lands, were two companies, one made up of some friends in Yorkshire,?- (as hinted in the conces- sions) the other of some friends in London ; who each contracted for considerable shares, for which they had patents. In 1677, commissioners (agreeable to expec- tation given) were sent by the proprietors, with power to buy the lands of the natives ; to inspect the rights of such as claimed property, and to order the lands laid out ; and in general to administer the government, pur- suant to the concessions : These commissioners were Thomas Olive, Daniel Wills, John Kinsey, John Penford, Joseph Helmsley, Robert Stacy, Benjamin Scott, g. Thomas Hutchinson, of Beverley in the county of York, yeo- man ; Thomas Pierson, of Bonwicke in tlie said county, yeoman ; Joseph Helmsly, of Great Kelke in the said county, yeoman ; George Hutcliinson, of Sheffield in the said county, distiller, and Mahlon Stacy of Hansworth in the said county, tanner, were all principal creditors to E. Byllinge, to whom several of the other creditors made assijinments of their debts, which together amounted to the sura of £. 2450, sterling, and who took in satisfaction of the said sum seven full equal and undivided ninetieth parts of ninety equal and undi- vided hundred parts of West-Jersey ; and the same was conveyed to thi-m, their heirs and assigns, by William Penn, (rawen Lawrie, Jsicli. Lucus and Ed. Byllinge, by deed bearing date the first of the month called March, 1676: And by nnother conveyance of the same dale, from and to the same persons, in satisfactiori for other debts- to the amount of £. 1050, sterling, three other full equal and undi- vided ninetieth parts of the aforesaid ninety equal and undivided hundred parts of West- Jersey were also conveyed. Of NEW -JERSEY. 93 Scott, Richard Guy and Thomas Foulke.^- They A. D. came in the Kent, Gregory oVfarlow, master, being the second ship from London, to the western parts : After a tedious passage they arrived at New-Castle, the 16th of the 6th month, O. S. King Charles the second, in his barge, pleasm'ing on the Thames, came along side, seeing a great many passengers, and informed whence they were bound, asked if they were all quakers, and gave them his blessing. They landed their passengers, two hundred and thirty in number, about Rackoon creek, where the Swedes had some scattering habitations ; but they were too numerous to be all provided for in houses ; some were obliged to lay their beds and furniture in cow stalls, and appartments of that sort; among other incon- veniences to which this exposed them, the snakes were now plenty enough to be frequently seen upon the hovels under which they sheltered : Most of the passen- gers in this ship were of those called quakers ; some of good estates in England. The commissioners had before left them, and were by this time got to a place called Chygoesi- Island, (afterwards Burlington) their business being to treat with the Indians about the land there, and to regulate the settlements, having not only the proprietors but governor Andres's commission for that purpose ; for in their passage hither, they had first dropped anchor at Sandy-Hook, while the com- missioners went to New- York to acquaint him with their design ; for tho' they had concluded the powers they had from the proprietors, were sufficient to their purpose ;• they thought it a proper respect to the duke of York's commission, to wait on his governor upon the occasion; he treated them civily, but asked them if h. Richard Guy came in the first ship : John Kinsey, died at Shackamaxon soon after his landing ; his remains were interr'd at Burlington, in ground appropriated for a burying- ground, bu6 now a street. i. From Chygoe, an Indian sachem, who lived there. 1677. 94 The HISTORY A. D. 1677. if they had anything from the duke, his master ? they replied, nothing particularly; but that he had con- veyed that part of his country to lord Berkeley, and he to Byllinge, &c. in which the government was as much conveyed, as the soil : The governor replied, all that will not clear me; if I should surrender without the duke's order, it is as much as my head is worth ; but if you had but a line or two from the duke, I should be as ready to surrender it to you, as you would be to ask it. Upon which the commissioners, instead of excusing their imprudence in not bringing such an order, began to insist upon their right, and strenuously to assert their independency : But Andros clapping his hand on his sword, told them, that should defend the government from them, till he received orders from the duke, his master, to surrender it ; he however softened, and told them, he would do what was in his power, to make them easy, till they could send home to get redress; and in order thereto, would commissionate the same persons mentioned in the commission they produced, k. This they accepted, and undertook to act as magistrates under him, till further orders came from England, and proceed in relation to their land affairs, according to the methods prescribed by the proprietors. When arrived at their government, they applied to the Swedes for interpreters between them and the Indian Indians : Israel Helmes, Peter Rambo, and Lacy Cock, were recommended : By their help they made a purchase from Timber Creek to Rankokas Creek, another from Oldman's Creek to Timber Creek : After this they got Henric Jacobson Falconbre, to be their interpreter, and purchased from Rankokas Creek to Assunpinck : k. John Fenwick having neglected this precaution, as to the government of his tenth, was sent for a prisoner to New- York. Of NEW- JERSEY. 95 Assanpink : ^- But when they had agreed upon this last A. B, purchasej they had not Indiati goods sufficient to pay the I. The deed for the lands between Rankokas creek and Timber creek bears date the 10th of September, 1677 ; that lor the lands from Old man's creek to Timber creek the 27 th of September, 1677, and that from Rankokus creek to Assunpink the lOth of October, 1677: By the consideration paid for the lands between Oldmans and Timber creek, a judgment may be formed of the rest. It consisted of 30 matchcoats, 20 guns, 30 kettles and one great one, 30 pair of hose, 20 fathom of duffelds, 30 petticoats, 30 narrow hoes, 30 bars of lead, 15 small barrels of powder, 70 knives, 30 Indian axes, 70 combs, 60 pair of tobacco tongs, 60 scissars, 60 tinshaw looking-glasses, 120 awl-blades, 120 Qshhooks, 2 grasps of red paint, 120 needles, 60 tobacco boxes, 120 pipes, 200 bell.-^, 100 Jewsharps, 6 anchors of rum. In the year 1703, another purchase was made by the council of proprietors of West- Jersey, of land lying above the falls of Delaware; another also about that time of lands at the head of Rankokas river, and several purchases afterwards included the whole of the lands worth taking up in West-Jersey, except a few plantations reserved to the Indians ; one of these in particular ought to be noted in this place, to the honour of John Wills, sometime one of the council, by whose advice the Indian sachem, called king Charles, laid an English right on a large plantation at Weekpink, containing a valuable tract of land, in the county of Burlington, which is so contrived as to remain unalienable from his posterity, who now enjoy the beneflt of it. The following are entries from the records of the council of pro- prietors relating to the purchases above. 'At a meeting of the council of proprietors at Burlington, the * second day of November, anno 1703. Present: George Deacon, ' president, Samuel Jennings, Thomas Gardner, Christopher We- 'theriil, John Reading. Ordered, That John Wills, William ' Biddle, jun. and John Reading, or any two of them, do go up 'to the Indians above the Falls, and particularly to Caponockous, 'in order to have the tract of land lately purchased of the Indians ' marked forth, and get them to sign a deed for the same ; as also to ' receive the residue of the goods as yet unpaid, or so many of 'them that can be had, and to give him an obligation for the pay- 'ment of the remaining part next spring. Ordered likewise, That 'the persons abovesaid, do go to Nimhammoe's wig-wam, in order 'to treat with him, to see the bounds of the land lately purchased 'of him, to mark the same if it may be, and to pay him what part ' of the goods is already procured in part to-wards the said purchase ; ' and to do what else may be necessary towards perfecting purchases 'of the concerns with the said Indians, and compleating of the * aforesaid ; the said persons also taking with them Thomas Foulke, ' Andrew Heath, or some other proper person, to be an interpreter * between them and the Indians. * At 96 The HISTORY A. D. the consideration, yet gave them what they had, to get the deed signed; they were however obliged to agree ' At a meeting of the council of proprietors at Burlington, on the '27tli day of June, anno dom. 1703. Presknt: Mahlon Stacy, 'Thomas Gardner John Wills, George Deacon, ('hrisLopher * Wetherill, Samuel Jennings and John Reading. Tlie persons 'appointed to treat with the Indians, at the Falls, do make report, 'that they accordingly met with the Indians, and made a full agree- 'ment with them, that is to say, with Himharamoe, for one tract of 'land, adjoining to the division line, and lying on both sides of ' Rariton River, for the goods mentioned in a certain list for that 'purpose made; and also with Coponnockou, for another tract of 'land, lying between the purch.ise made by Adiord Boude, and the 'bounds of the land belonging to Nimhammoe, fronting upon 'Delaware river, for tiie goods mentioned in a particular list made 'to that end. Ordered, Ttiat )iublick notice be given to the pro- ' prietors within this province, that they meet together at Burling- 'ton, on the 19th day of July next, in order to inform them, that a 'purchase is made, npon what terms, and also that all such may 'deposit their proportions of the charge, that expect to receive 'benefit thereby ; which paper of publication is in these words. ' By the council of proprietors sitting in Burlington, the 28th * day of June, anno dom. 1703. Whereas many of the proprietors 'of this province have at sundry times addressed the coimcil ofipro- 'prielors, that they might be allowed a third dividend or taking up* 'of land, proportionable to their particular and respective rights in ' the said province : Now this may certify, that the said council hav- * ing taken into their consideration the request of the said proprietors, 'and in order to answer the same, have lately made an Indian pur- * chase of lands situate above the falls of Delaware; and therefore ^all proprietors who are concerned therein, or expect to receive 'benefit thereby, are hereby required to meet with the said council 'at Burlington, on the nineteenth day of July next, that they may * be more particularly informed concerning the said purchase, and ' upon what terms and conditions it is made, and also to deposite their 'respective proportions of the said purchase, and all other charge ^accruing thereby. Given under my hand per order, and on the * behalf of the said council, the day and year above said. ' Upon the application of Mahamickwon, alias king Charles, an In- * dian sachem, unto the council of proprietors, concerning the bounds ^ of two Indian purchases, formerly made from Rankokas creek to 'Timber creek, and fi"om Rankokas to Assunpink, in which deeds is 'mentioned the bounds to be from the uppermost head of Rankokas 'to the uppermost head of Timber creek, and by a right line 'extending from the uppermost head of Rankokas to the line of 'partition of sir George Carteret, right against the uppermost head 'of Assunpink ; which bounds were inserted through misunderstand- ^ing between the interpreters and the English, and in truth ought 'to Of N E W - J E 11 S E Y . 97 agree with the Indians not to settle till the remainder A. D. was paid: Having travelled through the country and viewed * to be according^ to a line that was afterwards actually run by 'agreement, made between the English and the Indians, and which 'comes lower upon tlie creek than the uppermost heads thereof; 'which said line the said king Oliarles desires may be allowed, ' entered and recorded, as the true and right bounds of said purchase 'and that the abovementioned bounds may be vacated and held ' utterly void for the future, to which the council assents : informing 'the sachem, that they always did and now do acknowledge and 'own the last mentioned line to be the true limits of those [»urchases, ' and order the same as actually run and marked by the English and "Indians, to be approved and held only for* the true line of the 'abovementioned purchases; and that the first mentioned and 'mistaken bounds be accounted null and void; and also that a 'record be accordingly made thereof. 'At a meeting of the council of proprietors, the 19th of July, '1703. Present: Samuel Jenings, Thomas Gardner, George ' Deacon, Christopher Wetherill, John Hugg, Isaac Sharp, and 'John Reading; tlie president absent. Memorandum, to inform 'the proprietors, First, that the council liave made two Indian 'purchases, amounting to, according to our best comput:ition, the 'number of 150,000 acres at the least, the cost whereof to the 'Indians, with other incidental charges, will amount to about the J sum of £. 700. Secondly, That it is the design of the said council, ' to give publick notice to the proprietors in England and elsewhere, ' what purchase is already made, of the opportunity of purchasing 'more laud, that may be sufBcient to allow the number of 5000 ' acres for each dividend to a propriety, and of the cost thereof, ' which by as near an estimation as we can make, will be about 24 1. ' propriety for each dividend; and that if the said proprietors will ' appoint their agents, and defray their proportionable part of the 'charges, on or before the 20th day of July, anno dom. 1704, that ' then they shall receive their respective rights, after the same method ' that the rest of the proprietors do, at any time after the 18th of 'October 8, 1704. Thirdly: But if the said absent proprietors 'shall neglect or refuse to pay their parts of the said charge, then 'that the said Indian purchase already made, shall be taken up by 'such proprietary resideiits in these parts, that shall deposite their 'respective parts of the said purchase; which at 5000 for the divi- ' dend to a propriety, will amount to about 30 proprieties, which 'we judge will nearly answer all the proprietors who are or have 'agents in these parts. Fourthly: It is expected, that all such pro- ' prietors who design to be interested for the Indian purchase, do in ' some short time, advance their particular parts of the said costs, in 'order to pay the Indians off" according to agreement made with ' them.' Jeremiah G 98 TheHISTORY A. D. viewed the land, the Yorkshire commissioners, Joseph Helmsley, William Emley and Robert Stacy, oq behalf of the first purchasers, chose from the falls of Delaware down, which was hence called the first tenth ; the Loudon commissioners, John Penford, Thomas Olive, Daniel Wills, and Benjamin Scott, on behalf of the ten London proprietors, chose at Arwaumus,. (in and about where the town of Gloucester now is) this- was called the second tenth : To begin a settlement there,. Olive sent up servants to cut hay for cattle he had bought: When the Yorkshire commissioners found the others were like to settle at such a distance, they told them, if they would agree to fix by them, they Burlington would join in settling a town,*"- and* that they should have the largest share, in consideration that they (the Yorkshire commissioners) had the best land in the woods : Being few, and the Indians numerous, they agreed to it. The commissioners employed Nobie,. a surveyor, who came in the first ship, to divide the spot. After the main street was ascertained, he divided the land on each side into lots; the eastern- most among the Yorkshire proprietors, the other among the Londoners : To begin a settlement, ren lots of nine acres each, bounding on the west, were laid out ; that done, some passengers from Wickaco, chiefly those concerned in the Yorkshire tenth, arrived the latter end of October. The London commissioners also employed Noble, to divide the part of the island yet unsurveyed, between the ten London proprietors, in Jeremiah Bass, attorney to the West- Jersey Society, made a purchase on their behalf, in 1693, of the lands between Cohansick creek and Morris's river. [Vid. Revell's book, secretary's office. Burl. p. 325.] Many other Indian purchases were before and afterwards, from time to time occasionally made, as the lands were wanted, in both East and West Jersey ; they are too numerous to be all particularized ; and one hereafter mentioned, compleated the whole that was left. m. In pursuance of the charter brought with them from England, OfNEW^JERSEY. 99 in the manner beforementioned : The town thus by A. D. mutual consent laid out, the commissioners gave it the name first of New-Beverley, then Bridlington, but ^^^ named, soon changed it to Burlington. Some of the masters of families that came in the ship last mentioned, and settled in that neighbourhood, were Thomas Olive, Daniel Wills, William Peachy, William Clayton, John Crips, Thomas Eves, Thomas Harding, Tho- mas Nositer, Thomas Fairnsworth, Morgan Drewet, William Penntou, Henry Jenings, William Hibes, Samuel Lovett, John Woolston, William Wood- mancy, Christopher Saunders, and Robert Powell ; John Wilkinson and William Perkins, were likewise with their families passengers, but dying on the voyage, the latter were exposed to additional hardships, which were however moderated by the care of their fellow passengers : Perkins was early in life convinced of the W. Perkins, principles of those called Quakers, and lived well in Iveicestershire ; but seeing an account of the country wrote by Richard Hartshorne, and forming views of advan- tage to his family, tho' in his 52d year, he, with his wife, four children and some servants, embarked in this ship : Among the latter was one Marshall, a carpenter, par- ticularly serviceable in fitting up habitations for the new comers; but it being late in the fall when they arrived, the winter was much spent before the work was begun ; in the interim they lived in wigwams, built after the manner of the Indians. Indian corn and venison, supplied by the Indians, was their chief food : These people were not then much corrupted with strong liquors, but generally very friendly and helpful to the English ; notwithstanding it was thought endeavours had been used to make them otherwise, by insinuations that the English sold them the small-pox in The history A. D. in their matchcoats.'i- This distemper was among them, and a company getting together to consult about it, one of n. Thomas Budd, who own'd a share of propriety in West- Jersey, and ancestor to a large family there, who arrived at Burlington in 1768, in a pamphlet describing the country, about nine or ten years afterwards, says, ' The Indians told us, in a conference at Burlington, 'shortly after we came into the country, they were advised to make ' war on us, and cut us off' while we were but few; for that we sold * them the small pox, with the matchcoat they had bought of us ; which 'caused our people to be in fears and jealousies concerning them; 'therefore we sent for the Indian kings to speak with them, who with ' many more Indians came to Burlington, where we had a conference ' with them about the matter ; we told them we came amongst them by 'their own consent, and had bought the land of them, for which we * had honestly paid them ; and for what commodities we had bought 'at any time of them, we had paid them for, and had been just to 'them, and had been, from the time of our first coming, very 'kind and respectful to them; therefore we know no reason that 'they had to make war on us; to which one of them, in behalf of ' the rest, made this following speech in answer. " Our young " men may speak such words as we do not like nor approve of, and " we cannot help that; and some of your young men may speak "such words as you do not like, and you cannot help that: We " are your brothers, and intend to live like brothers with you ; we " have no mind to have war ; for when we have war, we are only "skin and bones, the meat that we eat doth not do us good; we " always are in fear, we have not the benefit of the sun to shine "on us, we hide us in holes and corners; we are minded to live at " peace. If we intend at any time to make war upon you, we will let "you know of it, and the reasons why we make war with you ; and "if you make us satisfaction for the injury done us, for which the " war was intended, then we will not make war on you ; and if you " intend at any time to make war on us, we would have you let us " know of it, and the reason ; and then if we do not make satis- " faction for the injury done unto you, then you may make war on *'us, otherwise you ought not to do it; you are our brothers, and "we are willing to live like brothers with you; we are willing to " have a broad path for you and us to walk in, and if an Indian is "asleep in this path, tiie Englishman shall pass by, and do him no "harm; and if an Englishman is asleep in this path, the Indian "shall pass him by, and say, He is an Englishman, he is asleep; let "him alone, he loves to sleep. It shall be a plain path; there must " not be in this path a stump to hurt our feet. And as to the small " pox, it was once in my grandfathers time, and it could not be the "English that could send it to us then, there being no English in "the country: And it was once in my father's time, they could not *'8end it us then neither; and now it is in my time, I do not believe " that Of new-jersey. 101 ■'of their chiefs said, — 'In my grandfather's time the ^•_^* * small-pox came: In my father's time the small-pox 'came " that they have sent it us now ; I do believe it is the man above " that hath sent it us." 'Some are apt to ask, how we can propose safelj' to live amongst 'such a heathen people, as the Indians, whose principles and prac- * tices leads them to war and bloodshed, and ours on the contrary, 'to love enemies? / answer: That we settled by the Indians con- *sent and good liking, and bought the land of them that we settle 'on; which they conveyed to us by deeds, under their hands * and seals, and also submitted to several articles of agreement with ' us, viz. not to do us any injury: But if it should so happen, that 'any of their people at any lime should injure or do harm to any 'of us, then they to make us satisfaction for the injury done; 'therefore if they break these covenants and agreements, then in 'consequence of them, they may be proceeded against as other ■'offenders, viz. to be kept in subjection to the magistrate's power, 'in whose hand the sword of justice is committed, to be used by 'him for the punishment of evil doers, and praise of them that do ' well ; therefore I do believe it to be both lawful and expedient to "' bring offenders to justice, by the power of the magistrate's sword ; ^ which is not to be used in vain, but may be used against such as ' raise rebellions and insurrections against the government of the 'country, be they christians or Indians (now that these have so far 'agreed to abide by the laws of civil government) otherwise it is in ■* vain for us to pretend to magistracy or government ; it being that ' which we own to be lawful both in principle and practice. — The ^Indians have been very serviceable to us by selling us venison, Indian 'corn, pease and beans, fish and fowl, buck-skins, beaver, otter, ""and other skins and furrs ; the men hunt, fish and fowl, and 'the women plant the corn and carry burthens : There are many ' of them of a good understanding, considering their education, 'and in their publick meetings of business, they have excellent 'order, one speaking after another; and while one is speaking, all ' the rest keep silent, and do not so much as whisper one to the other : ' we had several meetings with them ; one was in order to put down 'the sale of rum, brandy, and other strong liquors, to them, they ' being a people that have not government of themselves so as to 'drink in moderation ; At which time there were eight kings [One ' of them was Okanickon, a noted friend to the English; of whom ^ more in the v'lWth chapter.'] and many other Indians The kings sat ' on a form, and we on another over against them ; they had pre- ' pared four belts of wampum, (so their current money is called, being ' black and white beads made of a fish-shell) to give us as seals of the 'covenant they made with us; one of the kings, by the consent and 'appointment of the rest, stood up and made this following speech. •*' The strong liquor was first sold to us by the Dutch ; and they " were 102 The HISTORY A. D. < came ; and now in my time the small-pox is come/ Then stretching his hands towards the skies, said, ' it ' came from thence.' To this the rest assented. Having traced this ship's company into winter quarters, the next in course is the Willing Mind, John Newcomb commander ; she arrived from London, in November, and dropt anchor at Elsingburgh ; brought about sixty or seventy passengers : Some settled at Salem, others ac Burlington ; among the former were James Nevill, Henry Salter, and George Deacon, with their families. In this year also arrived the Flie- Boat Martha, of Burlington, (Yorkshire) sailed from Hull the latter end of summer, with one hundred and fourteen passengers, designed to settle the York- shire tenth : Some masters of families in this ship, were Thomas Wright, William Goforth, John Lynam, Edward Season, William Black, Richard Dungworth, George Miles, William Wood, Thomas Schooley, Richard Harrison, Thomas Hooten, Samuel Taylor " were blind, they had no eyes, th^y did not see that it was for our "hurt: The next people that came among us were the Swedes, "who continued the sale of those strong liquors to us; they were "also blind, they had no eyes, they did not see it to be hurtful to u» "to drink it, although we know it to be hurtful to us; but if people "will sell it to us, we are so in love with it that we cannot forbear "it: when we drink it, jt makes us mad, we do not know what we "do, we then abuse one another, we throw eacii otlier into the fire. "Seven score of our people have been killed by reason of the "drinking it, since the time it was first sold us: Those people that "sell it are blind, they have no eyes; but now there is a people "come to live amongst us, that have eyes, they see it to be for our "hurt, and we know it to be for our hurt: They are willing to deny "themselves tlie profit of it for our good : These people have eyes; "we are glad such a people are coa^e amongst us; we must put it "down by mutual consent; the cask must be sealed up; it must be " made fast, it must not leak by day nor by nigiit, in the light nor in "the dark; and we give you these four belts of wampum, which "we would have you lay up safe, and keep by you, to be witnesses "of this agreement that we make with you; and we would have "you tell your children, that these four belts of wampum are given "you to be witnesses betwixt us and you of this agreement." Of NEW-JERSEY. 103 Taylor, Marmaduke Horsman, William Oxley, -^ „?• William Ley, and Nathaniel Luke ; the families of Robert Stacy and Samuel Odas ; and Thomas Ellis and John Batts, servants,o- sent by George Hutchinson, also came in this ship. Twenty of the passengers, perhaps more, were living 45 years afterwards. In one of tliese ships, or about this time however, Jo^^^ ^i"' T T- , T-^. , 1 • /. 1 sey, three arrived John Kmsey, then a young man ; his father one of that of the commissioners aforementioned, dying on his ^=*"i^- arrival, the care of his family fell to him ; he was afterwards a man of distinguished services, in several public stations ; and his son after him, of the same name, the late chief justice of Pennsylvania, must be long remembered by many in both provinces. Having landed so many of the settlers, it may not be disagreable to know some of their first sentiments of the country. John Crips in a letter to Henry Stacy^ gives the following account of it. 'From Burlington, in Delaware river, ' the 26th of the 8th month, 1677. ^ Dear Friend, ' Through the mercy of God, we are safely arrived John *■ at New-Jersey ; my wife and all mine are very well, |^"P^ ^^^ * and we have our healths rather better here than we ' had in England ; indeed the country is so good, that ^ I do not see how it can reasonably be found fault with : ' As far as I perceive, all the things we heard of it in * England, are very true ; and I wish that many ■* people (that are in straits) in England, were here. ' Here 0. Many that came servants, succeeded better than some that hrought estates ; the first inured to industry, and the ways of the country, became wealthy, while the others obliged to spend what they had in the difficulties of first improvements ; and others living too much on their original stock, for want of sufficient care to im- prove their estates, have, in many instances, dwindled to indigency and want. The history A. D. 1677. and much better not so dry, but beef. You that Here is good land enough lies void, would serve- many thousands of families ; and we think if they cannot live here, they can hardly live in any place in the world ; but we do not desire to persuade any to- come, but such as are well satisfied in their own minds. A town lot is laid out for us in Burlington, which is a convenient place for trade ; it is about one hundred and fifty miles up the river Delaware ; the country and air seems to be very agreable to our bodies, and we have very good stomachs to our victuals t Here is plenty of provision in the country ; plenty of fish and fowl, and good venison very plentiful, than ours in England ; for it eats- is full of gravy, like fat young come after us need not fear the trouble that we have had, for now here is land ready divided agahist you come : The Indians are very loving to us, except here and there one, when they have gotten strong liquors in their heads, which they now greatly love : But for the country, in short, I like it very well; and I do believe, that this river of Delaware is as good a river as most in the wprld r It exceeds the river of Thames by many degrees. ' Here is a town laid out for twenty properties, and a straight line drawn from the river side up the land, which is to be the main street, and a market place about the middle. The Yorkshire ten proprietors- are to build on one side, and the London ten the other side; and they have ordered one street to be made^ along the river side, which is not divided with the rest, but in small lots by itself; and every one that hath any part in a propriety, is to have his share in it. The town lots for every propriety will be about ten or eleven acres, which is only for a house, ' orchard and gardens ; and the corn and pasture ' ground is to be laid out in great quantities. ' I am thy loving friend, John Crips. Thomas Of NEW-JERSEY. 105 Thomas Hooten to his wife, dated 29th 8th month, A. D. 1677. 1677. ' My dear, ' I am this present at the town called Burlington, * where our land is ; it is ordered to be a town for the * ten Yorkshire and ten London proprietors. I like ' the place well ; our lot is the second next the * water side : It's like to be a healthful place, and ' very pleasant to live in. I came hither yesterday, ' being the 28th of October, with some friends that ' were going to New- York. I am to be at Thomas ' Olive's house, till I can provide better for myself: I * ijitend to build a house, and get some corn into the * ground : And I know not how to write concerning * thy coming, or not coming hither ; the place I like ' very well, and I believe that we may live here very ' well : But if it be not made free, I mean as to the ' customs and government, P- then it will not be so ' well, and may hinder many that have desires to ' come : But if those two things be cleared, thou may * take thy opportunity of coming this summer. Thomas Hooton. William Clark to the proprietors. . New-Jersey, 20th ' Dear Friends, 2d month, 1678. 1678. ' I doubt not but it will be great satisfaction to you, ' to hear of mine and the rest of friends passage to, ' and safe arrival in New-Jersey : We took ship the ' sixteenth of November, and made the land of New- ' Jersey in thirty-four days. Now friends, as to this ' country, there has been much said by several persons * in commendation thereof, both as to the increase of ' all sorts of grain and fruits ; as also of the plenty ' of fish, fowl, deer, swine, &c. that I shall not need ^ to add any thing to it ; but in short, this I have to 'say p. The customs were those imposed at New-Castle, upon all comers (of which we shall presently sec a more particular account) the government was yet administered by virtue of governor Andres's commission, both which were unexpected and disagreable : but these objections were soon removed. 106 The HISTORY ■A-. D. < say, that I do not know any one thing to fall short < q£ what was reported of this province, but that more * might truly have been said of its pleasant situation, * wholesome air, and general and great increase of all ' things planted, and especially of Indian corn, which is ' a very good and serviceable grain many ways ; the * English wheat and barley primely good ; but rie and ^ pease much better than any I ever saw in England or ' Ireland. I doubt not but you have had an account ' of all other matters before this (by those who came * to Jersey before me) conies to your hands : And I * have no other end in this, than keeping you from the ' rash censures of people that know it not ; as also for * the good and prosperity of this good county, &c. Directed for William Penn, \ WTTT-r-ntr n^ n-n-rr Gawen Lawrie, or Edward Byllinge. / W ILLIAM l^LARK. John Crips *to his brother and sister. Burlington, in New-Jersey, upon the river Delaware, the 19ih oi' 4th month, called June, 1678. ' Dear and loving brother and sister. ' I have received both your letters, wherein I under- * stand your faith concerning this country, is much ' shaken, thro' several false reports given thereof; which ' may be proved false under the hands of several good * friends ; I hope as worthy to be believed as that * reporter ; and such as have had more experience of * this place than he had, or could have, in so short a ' time ; besides he came among us shortly after our * coming hither, when things were not settled in that ' order amongst us, as now they are ; neither indeed * did he find such entertainment from some, as be ex- ' pected ; which I suppose makes him speak the worst * he can devise of this place : But I question not but ' this report will in a short time be wiped away, some *of which in my knowledge, is grossly untrue, as ' well as contradictions to his own words ; for I re- * member when I travelled with him through part of ' New-Jersey, he confessed that much of this land was * as good or better than the land in Rhode-Island : * And it's really my judgment, that those people that * cannot OfNEW-JEKSEY. 107 ■* cannot be contented with such a country, and such land A. D. *' as this is. they are not worthy to come here : And ^^'^^• this I can truly tell you, if I were now in England with you (and which I should be very glad to see) yet if all I had in the world would but bring me hither, I would freely leave you and ray native country, and come to New-Jersey again ; which I have said many a time heretofore, but now write it under my hand, and it's really the truth, whether you will believe it or not ; and farther, I can truly tell you, that I desire not, nor dare to write the least untruth, to draw you, nor any others to this place : But I am resolved, if I never see your face? more, to leave you to your own freedom. But I hope you are not insensible of my love and desires for you ; tho' I am, I say, constrained to forbear persuading you, or any one else against their own freedoms ; yet I think it my duty to let you, and all men know the truth of things as near as I can. Your letter saith, " it's reported the water is not so good as in ' England." I do not remember that ever I tasted better water in any part of England, than the springs of this place do yield ; of which is made very good beer and ale ; and here is also wine and cyder. And whereas your letter to me saith, " several have come ' back from this country to England." Two or three I suppose : there are lazy idle persons that have done so ; but on the other hand, here are several persons, men of estates, that have been here, and have gone back to England, and sold their estates and returned with their whole families, hither again ; which methinks should take many of these scruples out of the way, if nothing else were said or done in praise of this country : But I suppose there are many in England, that desire to hear ill of this place, because they would keep their friends there with them ; and they think we never write enough of the bad pro- perties of the country, and vermin in it. Now this I may say, in short, that here are bears, wolves, foxes, rattle snakes, and several other creatures, (I do believe because I see the Indians have such skins to sell) but 108 The history A. D. 1678. The ship Shield. ' I have travelled several hundreds of miles, to and ' fro, and I never to my knowledge, saw one of those ' creatures, except two rattle snakes, and I killed them ' both : I suppose the fear of those creatures in ' England, is far worse to some there, than the hurt of ' them is here ; aaid as for the musketto fly, we are not ' troubled with them in this place ; our land for the ' most part, lying high and healthy, and they for the ' most part, are in a low boggy ground. Thomas * Budd and his family are arrived ; the ship lyeth ' before this town, that brought them : I wish you ' have not cause to repent .that you came not along * with them ; they had a very good passage, and so had ' the London ship ; they are both in the river at this ' time, I understand by Thomas Budd, that he did ' satisfy you as near as he could, of the truth of things ' here ; and you had as much reason to believe him, as ' that other person, and more too ; for Thomas had * far more experience of this place, than he could have * in the short time he was among us ; so of these things * I shall forbear to write any further at present. John Crips. ' To the truth of the contents of these things, we 'subscribe our names; Daniel Wills, Thomas Olive, ' Thomas Harding, Thomas Budd, William Peachy. In the 10th month O. S. 1678, arrived the Shield, from Hull, Daniel Towes commander, one of the ships mentioned in the above letter, and di'opped anchor before Burlington, being the first ship that came so far up Delaware : Against Coaquanock?- being a bold shore, she went so near in turning, that part of the tack- ling struck the trees ; some on board then remarked it was a fine spot for a town : A fresh gale brought her to Burlington : She moor'd to a tree, and the next morning the people came ashore on the Ice, so hard had the river suddenly frozen. In her came William Emley, the q. The Indian name of the place where Philadelphia now stands. Of NEW-JERSEY. 10& the second time, with his wife, two children, one A. D. born by the way, two men and two women servants ; Mahlon Stacy, his wife, children and several servants, men and women ; Thomas Lambert, his wife, children and several men and women servants ; John Lambert and servant; Thomas Revell, his wife, children and servants; Godfrey Hancock, his wife, cliildren ajid servants; Thomas Potts, his wife and children; John Wood and four children ; Thomas Wood, his wife and children ; Robert Murfin, his wife and two children ; Robert Schooly, his wife and children ; James Pharo, his wife and children; Susannah Fairnsworth, her children and two servants; Richard Tattersal, his wife and children ; Godfrey Newbold, John Dewsbury, Richard Green, Peter Fretwell, John Fretwell, John Newbold, one Barns, a merchant from Hull, Francis Barwick, George Parks, George Hill, John Heyres, and several more. In this year also arrived a ship from London, which brought John Denn, Thomas Kent, John Hollins- head, with their families ; William Hewlings, Abra- ham Hewlings, Jonathan Eldridge, John Petty, Tho- mas Kirby, with others : The first of these settled about Salem, the rest at Burlington. About this time, and a few years afterwards, arrived at Burlington, the following settlers from England, viz. John Butcher, Henry Grubb, William Butcher, William Brightwin, Thomas Gardner, John Budd, John Bourten, Seth Smith, Walter Pumphrey, Thomas Ellis, James Satterthwaite, Richard Arnold, John Woolman, Johu Stacy, Thomas Eves, Benjamin Duffield, John Payne, Samuel Cleft, William Cooper, Jonn Shinn, William Biles, John Skein, John Warrel, Anthony Morris, Samuel Bunting, Charles Read, Francis Collins, Tho- mas Mathews, Christopher Wetherill, John Dewsbury, John Day, Richard Basnett, John Antrom, William ' Biddle, 110 The history A. D. 1678. Biddle, Samuel Furnace, John Ladd, Thomas Raper, Roger Huggins and Thomas Wood. »"• Some hint has been given respecting the Dutch con- quest of New- York and New-Jersey, «• and that in 1673, they were yielded to king Charles the second, by the general article of the treaty of peace : It was to prevent any disputes that might arise upon a plea of the property being thus alienated from the first purchasers, that that king did, by his letters patent bearing date the 2%th day of June, 1674, grant unto the duke of York, his heirs and assigns, the several tracts of land in r. Several of these have died within a few years past ; whether any but Wood are yet living, cannot here be told. s. The accounts of that affair, tho' sufficient to authenticate the facis, are defective : Sir George Carteret in a publick declaration to the inhabitants, dated July 31, 1674, asserts it positively. The ingenious author of the history of New-York, says, (p. 29, 30, 31.) A few Dutch ships arrived the 30th of July 1673, under Staten- Island, at the distance of a few miles from the city of New-York. John Manning a captain of an independent company, had at that time the command of the fort, and by a messenger sent down to the squadron, treacherously made his peace with the enemy. On that very day, the Dutch ships came up, moored under the fort, landed their men, and entered the garrison, without giving or receiving a shot. A council of war was afterwards held at the Stadt-House, at which were present, Cornelius Evertse, jun. and Jacob Benkes, commodores, and Anthony Colve, Nicholas Boes, Abraham Ferd. Van Zyll, captains. All the magistrates and constables from East-Jersey, Long Island, Esopus and Albany, were immediately summoned to New- York ; and the major part of them swore allegiance to the States General, and the prince of Orange. Col. Lovelace was ordered to depart the province, but afterwards obtained leave to return to England with commo- dore Benkes. It has often been insisted on, that this conquest did not extend to the whole province of New-Jersey ; but upon what foundation I cannot discover: From the Dutch records it appears, that deputies were sent by the people inhabiting the country, even so far westward as Delaware river, who in the name of their principals, made a declaration of their submission ; in return for which, certain privileges were granted to them, and three judicatories erected at Niewer Amstel, Upland, and Hoarkiil. — The Dutch governor enjoyed his office but a very short season, for on the 9th of February 1674, tlie treaty of peace between ■* England and the States General was signed at Westminster j the ''sixth article of which restored this country to the English." Of NEW-JERSEY. Ill in America, which by the former letters patent had A. D. been granted to him ; of which New-Jersey was part. In this year, upon the application of the assigns of lord Berkely, the duke made them a new grant of West New-Jersey; and in like manner by an instrument bearing date the 10th of October, granted the eastern moiety of New-Jersey, to the grandson of sir George Carteret. CHAP. yii. Letters from some of the settlers of West- Jersey : and arguments against the customs imposed at theHoar Kill by the governor of New- York SOME letters from the first settlers of West- Jersey, with accounts of their situation and sentiments of the country, have already been introduced ; more might be added,' but the following may suffice in this place. Abstract of Mahlon Stacy's letter to his brother Revell, and some others, dated the 26th of the 4th month 1680. 1680. ' But now a word or two of those strange reports you * have of us and our country ; I affirm they are not ' true, and fear they were spoke from a spirit of envy : * It is a country that produceth all things for the supj)ort ' and sustenance of man, in a plentiful manner ; if it ' were not so, I should be ashamed of what I have ' before written ; but I can stand, having truth on my ' side, against and before the face uf all gainsayers * and evil spies : I have travelled through most of ' the places that are settled, and some that are not, and ' in every place I find the country very apt to answer ' the expectation of the diligent : I have seen orchards ' laden with fruit to admiration, their very limbs * torn to pieces with the weight, and most delicious to 'the 112 The history the taste, and lovely to behold ; I have seen an apple tree from a pippin kernel, yield a barrel of curious cyder ; and peaches in such plenty, that some people took their carts a peach-gathering; I could not but smile at the conceit of it : They are a very delicate fruit, and hang almost like our onions that are tied on ropes : I have seen and known this summer, forty bushels of bold wheat of one bushel sown ; and many more such instances I could bring ; which would be too tedious here to mention : We have from the time called May until Michaelmass, great store of very good wild fruits, as strawberries, cranberries and hurtleberries, which are like our bilberries in England, but far sweeter ; they are very wholesome fruits. The cranberries much like cherries for colour and bigness, which may be kept till fruit come in again ; an excel- lent sauce is made of them for venison, turkeys, and other great fowl, and they are better to make tarts than either goosberries or cherries ; we have them brought to our houses by the Indians in great plenty. My brother Robert had as many cherries this year as would have loaded several carts: It is my judgment by what I have observed, that fruit trees in this country destroy themselves by the very weight of their fruit : As for venison and fowls, we have great plen- ty: We have brought home to our houses by the Indians, seven or eight fat bucks of a day ; and some times put by as many ; having no occasion for them ; and fish in their season very plenteous : My cousin Revell and I, with some of my men, went last third month into the river to catch herrings; for at that time they came in great shoals into the shallows ; we had neither rod nor net ; but after the Indian fashion made a round pinfold, about two yards ovef, and a foot high, but left a gap for the fish to go in at, and made a bush to lay in the gap to keep the fish in ; and when that was done, we took two long birches and tied their tops together, and w6nt about a stone's cast above our said pinfold; then bawling these birche's boughs down the stream, where we drove thousands before O F N E W - J E R S E Y . 113 ' before us, but so mauy got iuto our trap as it would A. D. * hold, and then we began to hawl them on shore as ^^^' ' fast as three or four of us could, by two or three at a * time ; and. after this manner, in half an hour, we ' could have filled a three bushel sack of as good and ' large herrings as ever I saw ; and as to beef and pork, ' here is great plenty of it, aiKi clieap ; and also good * sheep : The common grass of this country feeds beef 'very fat: I have killed two this year, and therefore 1 ' have reason to know it ; besides I liave seen this fall, ' in Burlington, killed eight or nine fat oxen and cows ' on a market day, and all very fat : And though I * speak of herrings only, lest any should think we ' have little other sorts, we have great ])lenty of most ' sorts of fish that ever I saw in England ; besides several other sorts that are not known there ; as rocks, cat-fish, shads, sheeps-heads, sturgeons ; and fowls plenty ; as ducks, geese, turkies, pheasants, par- tridges, and many other sorts that I cannot remember, and would be too tedious to mention. Indeed the country, take it as a wilderness, is a brave country, though no place will please all. But some will be ready to say, he writes of conveniencies, but not of incon- veniencies : In answer to those, I honestly declare, there is some barren land, as (I suppose) there is in most places of the world, and more Avood than some would have upon their lands ; neither will tlie country produce corn without labour, nor cattle be got with- out something to buy them, nor bread with idleness ; else it would be a brave country indeed : And I que- stion not, but all then would give it a good word; for my part I like it so well, I never had the least thought of returning to England, except on the account of trade. Mahlon Stacy.' In a letter to William Cook of Sheffield, and others, Stacy wrote thus : M. Stacy. ' This is a most brave place ; whatever envy or evil ' spies may speak of it, I could wish you all here ; ' Burlington will be a place of Lrade quickly ; for here H 'is 114 The history A. D. 1680. is way for trade : I, with eight more, last winter, bought a good ketch of fifty tons, freighted her out at our own charge, and sent her to Barbados, and so to sail to Saltertugas, to take in part of her lading in salt, and the rest in Barbados goods as she came back ; which said voyage she hath accomplished very well, and now rides before Burlington, discharging her lading, and so to go to the West-Indies again ; and we intend to freight her out with our own corn. We have wanted nothing since we came hither, but the com- pany of our good friends and acquaintance ; all our people are very well, and in a hopeful way to live much better than ever they did ; and not only so, but to provide well for their posterity : Tliey improve their lands and have good crops ; and if our friends and countrymen come, they will find better reception than we had by far at first, before the country was settled as now it is. I know not one among the people, that desires to be in England again ; I mean since settled : I wonder at our Yorkshire people, that they had rather live in servitude, and work hard all the year, and not be three pence the better at the year's end, than stir out of the chimney corner and transport themselves to a place where, with the like pains, in two or three years, they might know better things. * I never repented my coming hither, nor yet rcmem- bred thy arguments and out-cry against New-Jersey with regret. I live as well to my content, and in as great plenty as ever I did, and in a far more likely way to get an estate. Tho' I hear some have thought I was too large in my former, I affirm it to be true ; having seen more with mine eyes in this time since, than ever yet I wrote of,<- Mahlon Stacy. ' From the Falls of Delaware, in West-New- ' Jersey, the 26th of the 4th month, 1680.' Abstract (. The inhabitants of West-Jersey, had hitherto either ponnded their corn or ground it with hand mills; but about this time Olive had built liis water mill on his plantntion, nigh Kankokas creek; and in this year Stacy finished liis mill at Trenton : This last having been rebuilt, continues good : These two were the only mills that ground for the country several of the first years after their arrival. Or NEW -JERSEY. 115 Abstract of a letter from Daniel Wills to William A. D. Biddle, in Bishop's-gate-Street, London.""- ' Dear friend, ' Let every man Avrite according to his judgment, and this is mine concerning this county ; I do really ^- ^^l^^- believe it to be as good a country as any man need to dwell in ; and it is much better than I expected every way for land I will assure thee ; here is as good by the judgment of men, as any in England ; and for my pai't I like the country so well, and it is so pleasant to me, that if I had a good estate in land in England, I should not come to live upon it ; for through industry here will be all things produced that are necessary for a family as in England, and far more easy, I am satisfied : When I am walking alone, and the sense of the Lord's good dealings is brought before me ; I cannot but admire him for his mercies, and often in secret bless his name, that ever he turn'd my face hitherward, and gave me confidence in himself, and boldness by faith, to oppose all gainsayers ; though never so strong : Although then I could not say, it seemed so clear to leave the land of my nativity, yet now it is to me a certainty, that my removal was right, and in what I did, I had peace ; and in all my exercises by sea and land, I never felt the least matter in me, as to desire I had not come forward, but rather rejoiced in the midst of all. Though my removal was not ordinary, because of the largeness of my family, yet blessed be God, all is well to our content ; if thou heeds every objection, it will be work enough : My resolutions were, and my sayings to several opposers, that I would come ; if God hindred me not, no man should. I have writ to John Mulliner and Edward Cooper largely, con- cerning the country, and refer to that letter. Now my near and ancient acquaintance, William and Sarah Biddle, my love you may feel beyond expres- ' sion J u. William and Sarah Biddle, with their family, removed for West- Jersey, in the summer, 1681. 116 The HISTORY A. D. ' sion ; and if you have clearness to come to New- Jersey, 1680. I Yet nothing hinder ; but if you have a stop within ' yourselves, let not any thing farther you until the way * clears to your full satisfaction. In this advice I deny ' myself; if I might I would forward you to the utmost, * but I dare not ; if a man cannot live here, I believe ' he can hardly live in any place in the world ; the place * being, as I thought, set before me, by him who gives ' length of days ; I will wait his good pleasure, and see ' what he will afford me in it. The last ship that came ' to New-York, brought several passengers, some of 'which came to see this country, and liked it well; ' so dear friends, you may stand against all opposers ' concerning the land, for it is good. Burlington, 6th of 11th DaNIEL WiLLS.' month, 1679-80. Though the passengers who had already come to West-Jersey, were well satisfied with the country, things in general answering beyond their expectation ; yet they were under one great inconveniency. We have seen, that the governor of New- York, had very early imposed ten per cent, on all goods imported at the Hoar Kill ; and on exports, something in- kind still subsisted ; Five per cent being demanded of the settlers at arrival, or afterwards, at the officer's pleasure; and that not according to the neat cost of the goods, but upon the foot of the invoice, as shipped in England : This was evidently an arbitrary act ; neither West-Jersey nor the Hoarkill Avas legally under their jurisdiction ; the settlers from the first complained of the hardship, but bore it with tolerable patience, till about 1680 ; when they had it re- dressed by the interposition of their friends in England, who applying to the duke of York, he referred the matter to council ; there it rested for a considerable time ; but at last, by the diligence of W. Penn, Geo. Hutchinson, and others, was reported in their favour : Sir John Werden, on the duke's behalf, wrote to have it discontinued. The Of new-jersey. 117 The arguments used against this duty or impost, may A. D. be seen by the following. ■^ To those of the duke's commissioners, whom he has ' ordered to hear, and make report to him, con- ' cerning the customs demanded in New West-Jer- ' sey, in America, by his governor of New- York. ' 1st. The king has granted to the duke of York, Argu- a tract of land in America, consisting of several gainst the Indian countries, with such powers and authorities customs at as are requisite to make laws, and to govern and the Hoar- preserve the territory when planted : But with this ^ ^' restriction twice expressed, and several times referred to, viz. So alvMys as the said statutes, ordinances, and proceedings, he not contrary, but as near as may be, agreeable to the laws, statutes, and government of this our realm of England. In another place thus ; And further, it may be laioful for our dearest brother, his heirs and assigns, by these presents, to make, ordain, and establish all manner of orders, laws, directions, instruments, and forms of government, and magistrates fit and necessary for the territory aforesaid : But still with this limitation ; so always as the same be not contrary to the laws and statutes of this our realm of England, but as near as may be agreeable thereto. '■ 2. The duke of York, by virtue of this grant from the king to him, for a competent sum of money, (paid by the lord John Berkely and sir George Carteret) granted and sold to them, a tract of land, called now by the name of New-Cesarea, or New- Jersey; and that in as ample manner as it was granted by the king to the duke. ' Thus then we come to buy that moiety which belonging to lord Berkeley, for a valuable considera- tion ; and in the conveyance he made us, powers of government are expressly granted ; for that only could have induced us to buy it ; and the reason is plain, because to all prudent men, the government of any place is more inviting than the soil ; for what is good land without good laws ; the better the worse : 'And 118 The history * And if we could not assure people of an easy and 'free, and safe government, both with respect to ' their spiritual and worldly property ; that is, an un- ' interrupted liberty of conscience, and an inviolable ' possession of their civil rights and freedoms, by a 'just and wise government, — a meer wilderness would * be no encouragement ; for it were a madness to leave 'a free, good and improved country, to plant in a ' wilderness ; and there ad venture many thousands of ' pounds, to give an absolute title to another person ' to tax us at Avill and pleasure : This single considera- ' tion, we hope, will excuse our desire of the govern- ' ment ; not asserted for the sake of power but safety j ' and that not only for ourselves, but others ; that the * plantation might be encouraged. ' 3. The lord Berkeley and sir George Carteret, con- ' sidering how much freedom invites, that tliey might ' encourage people to transport themselves into those ' parts, made and divulged certain concessions, con- ' taining a model of government : Upon these several * went, and are there planted ; the country was thu& ' possessed, and the said government uninterruptedly ' administered by the said lord Berkely and sir George 'Carteret, or their deputy, for several years; during ' which time no custom was demanded. ' 4. We dealt with the said lord Berkeley, upon the ' sight of these concessions, and the presumption that ' neither he nor sir George Carteret, would attempt ' to act any thing they had not power to do ; much ' less, that they or either of them, would pretend to sell ' a power they never had ; since that would not only be ' a cheat to the people that dealt with them for it, but ' an high affront to the duke. ' 5. The moiety of New-Csesarea, or New-Jersey, ' thus bought of the said lord Berkeley, we dispose of ' part of our interest to several hundreds of people, ' honest and industrious ; these transport themselves, ' and with them such houshold stuff and tools, as are * requisite for planters to have : They land at Delaware *bay, the bounds of the country we bought; the 'passsage Of new-jersey. 119 * passage God and nature made to it ; at their arrival A. D. ' they are saluted with a demand of custom, of five ^' ^ per cent, and that not as the goods may be there ^ worth, but according to the invoice as they cost ^ before shipp'd in England ; nor did they take them as * they came, but at pick and chose, with some severe "^ language to boot. This is our grievance ; and for ' this we made our application to have speedy redress, * not as a burden only, with respect to the quantum or * the way of levying it, or any circumstances made ' hard by the irregularity of the officers, but as a wrong ; ^ for we complain of a wrong done us ; and ask yet * with modesty, quo jure ? Tell us the title by what ^ right or law are we thus used ; that may a little miti- ' gate our pain ? — Your answer hitherto hath been this, " That it was a conquered couutry ; and that the king, " being the conqueror, he has power to make laws, " raise money, &c, and that this power jure regale, the '^ king hath vested in the duke, and by that right and '^ sovereignty, the duke demands that custom we com- " plain of." ' But suppose the king were an absolute ' conqueror in the case depending, doth his power ' extend equally over his own English people, as over ^ the conquered ? Are not they some of the letters that ' make up the word conqueror ? Did Alexander con- ^ quer alone, or Cjesar beat by himself? No. Shall * their armies of countrymen and natives lie at the same ' mercy as the vanquished, and be exposed to the same ' will and power with their captive enemies ? The Nor- * man duke, more a conqueror of England, by his ' subjection to our laws, and pretence to a title by them, ^ than of heraldry by his arras, used not the compa- * nions of his victory so ill : Natural right and humane ' prudence, oppose such doctrine all the world over ; ' for what is it but to say, that people free by law undei * their prince at home, are at his mercy in the plan- ' tations abroad ; and why ? because he is a conqueror ' there, but still at the hazard of the lives of his own ' people, and at the cost and charge of the publick : * We could say more, but choose to let it drop. But * our The history A. D. ' our case is better yet ; for the kings grant to the duke 1680. t q£ York, is plainly restrictive to the laws and govern- ' ment of England, and that more than once, . as is ' before expressed. Now the constitution and govern- * ment of England, ; as we humbly conceive, are so ' far from countenancing any such authority, as it is ' made a fundamental in our constitution and govern- 'ment, that the king of England cannot justly take his ' subjects goods without their consent : This needs no- ' more to be proved, than a principle ; 'tis jus indigene,. ' an home-born right, declared to be law by diverse * statutes ; as in the great charter, ch. 29, and 34 Ed. * 3, ch. 2 ; again, 25 Ed. ch. 7. Upon this were many ' of the parliament's complaints grounded ; but parti- ' cularly that of the same king's reign, as is delivered by 'Mat. Westminster, in these words: ^- To * give up this (the power of making laws) is to change * the government, to sell, or rather resign ourselves to ' the will of another ; and that for nothing : For under ' favour we buy nothing of the duke, if not the right * of an undisturbed colonizing, and that as Englishmen * with no diminution, but expectation of some increase ' of those freedoms and privileges enjoyed in our own ' country : for the soil is none of his, 'tis the natives, by ' the Jiis gentium, by the law of nations ; and it would ' be an ill argument to convert to Christianity, to expel ' instead of purchasing them out of those countries :: ' If then the country be theirs, it is not the duke's ;. ' he cannot sell it ; then what have we bought ? We ' are not unanswered in this point, and desire you to ' do it with all due regard to the great honour and * justice of the duke : If it be not the right of colo- ' nizing there, which way have we our bargain, that * pay an arbitrary custom, neither known to the laws- * of England, nor the settled constitution of New- * York, and those other plantations? To conclude this- ' point X. The manuscript copy whence this is taken, ia here defaced : It contains a number of authorities from Biacton, Fortesque, th» petition of right, &o Of NEW-JERSEY. 121 point, we humbly say, that we have not lost any part A. D. of our liberty, by leaving our country ; for we leave "i-^^O. not our king, nor our government, by quitting our soil ; but we transplant to a place given by the same king, with express limitation to erect no polity con- trary to the same established government, but as near as may be to it; and this variation is allowed but for the sake of emergencies ; and that latitude bounded with these words, for the good of Hie adventurer and 'planter ; which that exaction of custom can never be : In that it not only varies to the discouragement and prejudice of the planter, but contradicts his native laws, rights and liberties, and lays a foundation for another sort of government than that which was only known to his fathers ; unto the just defence of which he is engaged by nature and municipal laws : So far the point of law. ' We shall now insist upon the equity of our case ; First, This very tax of five per cent, is a thing not to be found in the duke's conveyances,, but an after-business ; a very surprize to the planter ! and such an one, as could they have foreseen, they would have sooner taken up in any other plantation in America. In the next place, ' 2. New-Jersey never paid custom before last peace, and that peace re-invests every proprietor by articles. Now we bought it when free, since which time this imposition is born ; must we be subjected to the payment of one tax, of greater value than the country? This in plain English, is under another name, paying for the same thing twice over ; nay, had the soil been purchased of the Indians, by those of whom we bought it, and given us ; it had been dearly accepted, upon this condition, and with this incumbrance ; but it was bought by us, and that for a valuable consideration here ; and is now pui'chased again of the natives there too ; this makes our case extreme hard, and we pray relief. ' 3. Custom in all governments in the world, is laid * upon trade, but this upon planting is unprecedented : 'Had The history Had we brought commodities so these parts to sell, made profit out of them, and returned to the advan- tage of traders ; there had been some colour or pre- tence for this exaction ; but to require and force a custom from persons for coming to their property, their own terra firraa, their habitations; in short, for coming home, is without a parallel ; this is pay- ing custom not for trading, but landing; not for merchandizing, but planting; in very deed for hazarding; for there v,'e go; carryover our families and estates; adventure both for the improvement of a wilderness, and are not only told we must pay here- after out of our gains and improvements, but must pay out of our poor stock and principal, (put into goods) five pounds in the hundred; and not as they are there worth, but as they here cost; and this for coming to plant: So that the plain English of the tragedy is this; we twice buy this moiety of New- Jersey, first of lord Berkeley, and next of the natives ; and what for? the better to mortgage ourselves and posterity to the duke's governors, j^nd give them a title to our persons and estates, that never had any before : But pray consider, can there be a house without a bottom ; or a plantation before a people 'i if not, can there be a custom before a trade ? Thus much for the equitable part of our plea; the next and last, is the prudential : We do offer several things in point of prudence, why the duke should desist from the exaction : First, there can be no benefit to a prince in America, there can be no trade, without a people ; there will be no people where there is no encouragement ; nor can there be any encouragement where people have not greater privileges by going than staying ; for if their condition be not meliorated, they will never forego the comfort of their kindred they must leave behind them, nor forsake their native country, run the hazard of the seas ; nor lastly, expose themselves to the wants and difficul- ties of a wilderness ; but on the contrary, if they have less privileges there than at home, 'tis every * way Of NEW-JEKSEY. 123 * way to worst themselves to go ; for they do not only A. D. * pay custom here for going, but there for arriving ; •^"^^' ' which is not done in any other plantation, even when ^ our men go to merchandize and not to plant, which ' is our case : Besides there is no end of this power ; * for since we are by this precedent, assessed without * any law, and thereby excluded our English right of ^ common assent to taxes ; what security have we of ^ any thing we possess? we can call nothing our own, ^ but are tenants at will, not only for the soil but for ^ all our personal estates ; we endure penury and the ^ sweat of our brows, to improve them at our own * hazard only : This is to transplant, not from good ^ to better, but from good to bad ; this sort of conduct ' has destroyed government, but never raised one to ^ any true greatness ; nor ever will in the duke's terri- ^ tories, whilst so many countries equally good in soil ' and air, surrounded with greater freedom and secu- ' rity : Whereas if the duke please to make all planters ' easy and safe in their liberty and property, such a 'just and free government will draw in other places, ' encourage persons to transplant into his country, and ' his disbursements will soon be at an end ; his revenues, ' with satisfaction to the people, presently visibly ' augmented : Next this encouragement shipping and ' seamen, which not only takes off abundance of idle ' people, but our native growth and manufacture, and * the export of them ; and the import of the produce ^ of these plantations, in a little time overflow and * advance the revenue of the crown : Virginia and * Barbados are proofs undeniable in the case. ' Lastly, the duke's circumstances, and the people's ^jealousies considered, we humbly submit it, if there * can be in their opinion, a greater evidence of a design * to intioduce an unlimited government, than both to * exact such an unterminated tax from English planters, ' and to continue it after so many repeated complaints ; ^ and on the contrary, if there can be any thing so * happy to the duke's present affairs, as the oppor- * tunity he hath to free that country with his own hand, *and 124 The history A. D. 1680. Jenings to Penn, &c. ' and to make us all owners of our liberty, to his favour ' and justice : So will Englishmen here know what to ' hope for, by the justice and kindness he shews to ' Englishmen there ; and all men to see the just model of ' his government in New- York, to be the scheme and * draught in little, of his administration in Old England ' at large, if the crown should ever devolve upon his * head. The conclusion is this, that for all these reasons ' in law, equity and prudence, alledged ; you would ' please to second our request to the duke, that like ' himself, he would void this taxation, and put the ' country in such an English and free condition, that ' he may be as well loved and honoured, as feared by all * the inhabitants of his territory ; that being great ' in their aifections, he may be great by their industry ; ' which will yield him that wealth, that parent of ' power, that he may be as great a prince by property * as by title.' That this custom was now taken off, will, among other things, appear by the following letter from Samuel Jenings,2/- directed to William Penn, Edward By Hinge, or Gawen Lawrie. ' Dear friends, ' This may give you an account of mine and my families safe arrival in New-Jersey, with all the rest that came with us. I might say something concern- ing our passage at sea, but I wave it for want of time, and in fine may observe all was well ; for which I bless God ; and the Lord keep us all sensible of it, with the rest of his mercies forever. ' Dear friends, about six weeks since, we arrived in Delaware river, where I expected to have met with a combat, in the denial of customs: In our passage at sea, I had communicated to all thafc had any conside- rable cargo on board, the opinion of council, con- cerning the illegal demand thereof, with what else I ' thought y. He with his family, removed from Coles hill, the upper side- of the county of BuckK, about the third month, 1680. OfNEW-JERSEY. 125 * thought mio;ht be for their information ; which thus A. D. ' far prevailed, tliat most if not all concerned, seemed -i-oo"' ' resolved to deny the paying of custom here ; having paid ' all the king's duties in England. In good time we ' came to anchor in Delaware, where one Peter Alrick ' came aboard, and brought a handsome present to our ' commander, and sent for me into the round-house, ' where they both were, and Peter told me he had ' nothing to say to us relating to customs ;-■ he had no ' commission for it, nor did he know of any body that ' had ; so we had all our goods safely landed after this ' unexpected easy manner. ' In pursuance of the trust committed to me after my ' arrival, I acquainted those nominated in the commis- ' sion with me of it ; but in a short time after I received ' your letters, giving an account of a new grant obtained, ' wherein the customs are taken off, a free port con- ' firmed, and the government settled on Edward Byl- ' linge ; which I doubt not will be very acceptable to • every honest man ; but as yet I have not had time to ' let the people in general know it : And now seeing ' the ports are made legally free, and the government ' settled, I would not have any thing to remain as a ' discouragement to planters : Here are several good ' and convenient settlements already, and here is land ' enough and good enough for many more. "''"tZi^lm!'' "'} Samuel tomos. s. He used to collect the customs. CHAP. 126 The history A.D. 1680. Jenings deputy governor. Fimda- mentals. CHAP. VIII. The first form of government in West- Jersey, under the proprietors : The first laws they made : The method of regulating land affairs ; and a further account of the Indians found in the first settled part of these pr'ovinces. TH E western part of New-Jersey, was now become populous, by the accession of many settlers. Jenings, who arrived last year, about this time, received a commission from Byllinge, (whom the pro- prietors in England, as mentioned before, had chosen governor) to be his deputy : He called an assembly, and with them agreed upon certain fundamentals of government, as follows. ' Province of West-New-Jersey, in America, the 25th of the 9th month called November, 1681. * Forasmuch as it hath pleased God to bring us into ' this province of West-New-Jersey, and settle us here ' in safety, that we may be a people, to the praise and ' honour of his name, who hath so dealt with us, and ' for the good and wellfare of our posterity to come : * We, the governor and proprietors, freeholders and 'inhabitants of West-New-Jersey, by mutual consent ' and agreement, for the prevention of innovations ' and oppression, either upon us, or our posterity, and ' for the preservation of the peace and tranquility of ' the same ; and that all may be encouraged to go on ' chearfully in their several places ; we do make and ' constitute these our agreements, to be as fundamentals ' to us, and our posterity, to be held inviolable ; and *that no person or persons whatsoever, shall or may * make void or disannul the same, upon any pretence * whatsoever. ' 1. That there shall be a general free assembly for ' the province aforesaid, yearly and every year, at a day 'certain Of NEW-JERSEY. 127 certain, chosen by the free people of the said province, A. D. whereon all the re})resentatives for the said province shall be summoned to appear, to consider of the affairs of the said province, and to make and ordain such acts and laws as shall be requisite and necessary for the good government and prosperity of the free people of the said province ; and (if necessity shall require) the governor for the time being, with the consent of his council, may and shall issue out writs to convene the assembly sooner, to consider and answer the necessities of the people of the said pro- vince. ' 2. That the governor of the province aforesaid, his heirs or successors, for the time being, shall not suspend or defer the signing, sealing and confirm- ing of such acts and laws as the general assembly (from time to time to be elected by the free people of the province aforesaid) shall make or enact for the securing of the liberties and properties of the said free people of the province aforesaid. ' 3. That it shall not be lawful for the governor of the said province, his lieirs or successors, for the time being, and council, or any of them, at any time or times hereafter, to make or raise war uj)on any ac- count or pretence whatsoever, or to raise any military forces within the province aforesaid ; without the consent and act of the general free assembly, for th& time being. ' 4. That it shall not be lawful for the governor of the said province, his heirs or successors, for the time being, and council, or any of them, at any time or times hereafter, to make or enact any law or laws for the said province, without the consent, act and concurrence of the general assembly : And if the governor for the time being, his heirs or successors, and council, or any of them, shall attempt to make or enact any such law or laws, of him or themselves, without the consent, act and concurrence of the general assembly ; that from thenceforth, he, they, or so many of them, as shall be guilty thereof, shall * upon 128 The history upon legal conviction, be deemed and taken for enemies to the, free people of the said province; and such act so attempted to be made, to be of no force. ' 5. That the general free assembly, from time to time, to be chosen as aforesaid, as the representatives, of the people, shall not be prorogued or dissolved, before the expiration of one whole year, to com- mence from the day of their election, without their own free consent. ' 6. That it shall not be lawful for the governor of the said province, his heirs or successors, for the time being, and council, or any of them, to levy or raise any sum or sums of money, or any other tax whatso- ever; without the act, consent and concurrence of the general Assembly. ' 7. That all officers of state or trust, relating to the said Province, shall be nominated and elected by the general free assembly for the time being, or by their appointment; which officer and officers, shall be accountable to the general free assembly, or to such as the said assembly shall appoint. ' 8. That the governor of the province aforesaid, his heirs or successors, for the time being, or any of them, shall not send ambassadors, or make treaties, or enter into alliances, upon the public account of the said province, without the consent of the said general free assembly. ' 9. That no general free assembly hereafter to be chosen by the free people of the province aforesaid, shall give to the governor of the said Province for the time being, his heirs or successors, any tax or custom for longer time than for one whole year. ' 10. That liberty of conscience, in matters of faith and worship towards God, shall be granted to all people within the province aforesaid, who shall live peaceably, and quietly therein ; and that none of the free people of the said province, shall be rendered un- capable of office in respect of their faith and worship. ' Upon Of new-jersey. 129 ' Upon the governor's acceptance and performance A. D. * of the proposals herein before expressed, we the ge- * neral free assembly, proprietors and freeholders of ^ the province of West New-Jersey aforesaid, do accept ■' and receive Samuel Jenings, as Deputy Governor. *■ In testimony whereof I have hereunto put my hand ' and seal, the day and year above written, ' Samuel Jenings, Deputy Governor. Subscribed also ' Thomas Olive, Speaker.' This assembly was held from the 21st till the 28th of November, and passed six and thirty laws (beside the Laws, above) many of which were repealed in a few years afterwards : Some of them were in substance, — That it should be the business of the governor and commis- sioners to see that all courts executed their offices, and to punish such officers as should violate the laws : — That lands legally taken up and held, planted and possessed seven years, should not be subject to alteration : — That all officers of trust should subscribe to do equal right and justice : — That no person should be condemned or hurt, without a trial of twelve men ; and that in criminal cases, the party arraigned to except against thirty-five, or more upon valid reasons : — That in every court, three justices or commissioners at least, to sit and assist the jury, in cases of law; and pro- nounce the judgment of the jury : That false wit- nesses be fined, and disabled from being after admitted in evidence, or into any public office in the province : — That persons prosecuting for private WTong (murder treason and theft excepted) might remit the penalty or punishment either before or after condemnation : — That juries should be summoned by the sheriff, and none be compelled to fee an attorney to plead his cause : — That all wills should be first proved and registered, and then duly performed : — That upon persons dying intestate, and leaving a wife and child, I or 130 The HISTORY A. D. or children, the governor and commissioners for the time being, were to take security, that the estate should be duly administered, and the administrator to secure two thirds for the child or children, the other to the widow ; where there was no children, one moiety or half the estate, was to go to the next of kin, the other half to the widow; always provided, such estate exceeded one hundred pounds ; otherwise the wi- dow to have the whole ; and in cases of leaving chil- dren, and no provision, the charge of bringing them up, to be paid out of the public stock : That felons should make restitution four fold, or as twelve of the neighbourhood should determine; and such as hurt or abuse the person of any, be punished according to the nature of the offence : That whoso- ever presumed, directly or indirectly, to sell any strong liquors, to any Indian or Indians, should forfeit for every such offence, the sum of three pounds : — That ten men from Burlington, and ten from Salem, should be appointed to lay out and clear a road from Burlington to Salem, at the public expence :~That two hundred pounds should be equally levyed and appropriated for the charges of government, upon the several tenths, twenty pounds each ; every man to be assessed according to his estate; and all handicrafts, merchants and others, at the discretion of the assessors : Persons thinking themselves aggrieved, had the liberty of appealing to the commissioners of the tenth they belonged to. These and other laws agreed on, the commissioners next fixed the following method for regulation of lands. ' The methods of the commissioners for settling and ' regulation of lands. ' We whose names are hereunder written, comrais- Eegulation ' sioners nominated, elected and chosen by the general of lands. ( fj.^^ assembly, proprietors and freeholders of the ' province Of new- jersey. XSV province of West-New-Jersey, the 23d day of No- A. D. vember last past, for the settling and regulating of ' lands, and other concerns within the said province ; do by and with the approbation and consent of the governor of the said province, and council, in pur- suance of the said trust in us reposed, hereby fully agree upon these rules and methods herein after fol- lowing : (that is to say) * 1. That the surveyor shall measure the front of the river Delaware, beginning at Assunpink creek, and from thence down to Cape May, that the point of the compass may be found for the running the parti- tion lines betwixt each tenth. * 2. That each and every tenth, or ten proprieties,, shall have their proportion of front to the river Dela- ware, and so far back into the woods as will make or contain sixty-four thousand acres for their first settle- ment, and for the sab-dividing the Yorkshire and London two tenths. ' 3. To allow three thousand and two hundred acres- where the parties concerned please to chuse it within their own tenth ; to be taken up according to the rules or methods following, viz. One eighth part of a pro- priety, and so for smaller parts, to have their full pro- portion of the said land in one place (if they please) and greater purchasers or shares not to exceed five hundred acres, to one settlement. ' 4. All lands so taken up and surveyed, shall be seated within six months after it is so taken up ; and if the same shall not be seated within the said time^ then such choice and survey shall be void, and the same lands shall be free for any other purchaser to take up ; provided he or they so taking up the same, do, or shall seat it, within one month after it is so taken up. * 5. That no person or persons shall take up lands on both sides of a creek, to one settlement, except the commissioners for the time being, shall see good cause for their so doing. <6. That 132 The history ' 6. That no person or persons shall have more than forty perches front to the river, or navigable creek, for each and every one hundred acres, except it fall upon a point, so tnat it cannot otherwise be avoided ; and in such cases it shall be left to the discretion of the commissioners then for the time being. * 7. That all lands be laid out on straight lines, that no vacancies be left between lands, but that they be joined one seat to another, except the commissioners then for the time being, shall for good causes order it otherwise. ' 8. That all persons shall take their just proportions of meadow, which shall be laid forth at the discretion of the commissioners then for the time being. ' 9. That all persons who are already seated, shall have liberty to make his settlement his choice, if he please; provided he or they observe and follow the rule or method herein prescribed. ' 10. That every proprietor shall have four hundred acres to a propriety, and so proportionably to lesser quantities for their town lot, over and above their aforesaid three thousand two hundred acres ; which may be taken any where within their own tenth, either within or without the town bounds. '11. That no person or persons who have already taken up a town lot, shall have liberty to leave it, and take a lot elsewhere, but shall keep the same he hath taken up, as his town lot. ' 12. That Thomas Wright shall keep his settlement, containing four hundred acres ; and that theo ommis- sioners for Yorkshire side, shall allow to the town bounds, three hundred acres, to be taken up adjoining to the town bounds, on Lazy Point, in lieu thereof. ' 13. That no purchaser shall take up more land within the town bounds, than belongs to his town lot, by virtue of his purchase. ' 14. That no person or persons (who are not pur- chasers to whom town lot or lots are given) shall dis- pose of, or sell his or their said lot or lots of land, 'from OfNEW-JERSEY. 133 '* from their house or houses respectively ; and that if A. D. 'any such person or persons as aforesaid, shall dispose * of, or sell such said lot or lots apart from his or their ' said house or houses, then such said sale of lot or lots ^ shall be void and of no effect ; and the same lot or ' lots shall from thence become forfeit, to the use of ^ the town of Burlington, to be disposed of therein, ' at the discretion of the commissioners then for the ^ time being. ' 15. That no person or persons from hence for- ■* ward, shall take up any land, without special order * from two or more of the commissioners for the time ■* being, first had and obtained. ' 16. That all and every settlement and settlements '' already made, which are not consonant and agreeable ^ to the rules and methods aforesaid, shall be liable to * regulation, according to the said rules and methods. ' 17. That the proprietors who are yet remaining ■* in England, shall have notice, that we find it necessary •* for the speedy settlement of this province, and for * the interest of all concerned therein, to allow to every ' propriety as aforesaid, three thousand two hundred ^ acres for our first choice ; and in case much people ^ shall come, as may be reasonably expected, who have * purchased no land in England, and desire to settle ^ amongst us ; that then we reserve liberty to take up ' so much land more as shall fall to every propriety, * not exceeding five thousand and two hundred acres, ' which was allowed to us for our first settlement : * Provided nevertheless, that none shall take up any ' proportion of land, but as they shall settle it, or ' cause it to be settled ; which is to be done after the ■* aforesaid three thousand two hundred acres shall be 'justly taken up and settled. '18. That all publick highways shall be set forth, ' at any time or times hereafter, at the discretion of * the commissioners for the time being, in or through ' any lands taken up, or to be taken up ; allowing the ■'owners of such lands where such publick highways shall 134 The history A. D. 1681. shall be laid forth, reasonable satisfaction at the dis- cretion of the commissioners, in lieu thereof. ' 19. Yet nevertheless, it is hereby commended and agreed by the authority aforesaid, that the rules and methods herein before agreed on, shall not make void or disannul, all or any settlement or settle- ments heretofore made, in the Yorkshire tenth, who have seated according to a former agreement, viz. Not having taken up more than fifty perches for each and every hundred acres on the river or navigable creek, and having kept their due breadth and bounds from the river or creek. ' Signed and sealed the 5th December, 1681, by Samuel Jenings, governor, Thomas Olive, Thomas- Budd, Robert Stacy, Benjamin Scott, Thomas Gardiner, Daniel Wills, Mahlon Stacy, Thomas Lambert. ' 20. That all persons who have already taken up any lands, within the first and second tenth in this province, shall bring in their deeds or writings, to shew their title to such lands as they have taken up^ to Benjamin Scott, Robert Stacy, Thomas Budd,. and Thomas Gardiner, on or before the twelfth day of this instant January, next ensuing the day of the date hereof. ' 21. That all person or persons hereafter to take up land within the said first and second tenth, shall first make application to the said Benjamin Scott, Robert Stacy, Thomas Budd, and Thomas Gardiner, or any two of them ; and shall also before the said commission- ers solemnly declare and aver, upon the penalty of the law of perjury, to pass against them, that the quan- tity or portion of land contained in their respective Deeds or other Writings, do really and in good con- science, belong and appertain to him or them so requiring a warrant or warrants, for laying forth his or their land ; so as the said commissioners may be thereby satisfied with the justness of his or their title thereto ; then, and not before, the said commissioners,. Of NEW-JERSEY. 135 ■* or any two of them, shall and may grant out a -A.- D. ^ warrant to the surveyor or his deputy, to lay out and • * survey the respective proportion of land to him or ' them due and appertaining as aforesaid ; enjoining * the surveyor or his deputy, to make return of his * said warrant and survey, at the next court after such * warrant granted, to be held at Burlington ; that the ■* same may be registered by order of the said court. ' 22. That all proprietors and purchasers, within * the said first and second tenths, shall and may have ' liberty to take his and their full proportions of land * as before within is agreed upon, of the first and second ' choice in one place ; provided he or thev so doing ' take not up more than five hundred acres of land in * one settlement. ^ Witness our hands and seals, the 14th day of the * eleventh month, 1681. Samuel Jenings, Governor. Thomas Olive, RoBEET Stacy, Thomas Budd, Daniel Wills, Thomas Gardiner, Benjamin Scott. It would be vain to pretend to give a particular account of all the different tribes or nations of Indians that inhabited these provinces before the Europeans came among them, there being probably a tribe in some parts, for every ten or twenty miles, which were Indiana, commonly distinguished by the names of creeks or other noted places where they resided ; thus, there were the AssunpinkjZ- the Rankokas,"- the Mingo,*- the Andastaka, z. Stony Creek, a. Lamikas, or Chichequas; was the proper Indian name ; they did not pronounce the r at all. b. Indian knowledge about the weather were received topicks of conversation ; some of their maxims have been found as gene- xallj true, as things of that kind commonly are. If Jacob Taylor's intelligence 6 The HISTORY A. D. Andastaka, the Neshamine, and the Shackamaxon 1 fiSl Indians; and those about Burlington were called the Mantas ;c. but these and others were all of them distin- guished from the back Indians, who were a more warlike people, by the general name of the Delawares : The- nations most noted from home, that sometimes inha- bited New-Jersey, and the first settled parts of Pennsyl- vania, were tlie Naraticongs, on the North side of Rari- ton River, the Capitinasses, the Gacheos, the Munseys, the Pomptons, the Senecas and the Maquaas -d. this last was the most numerous and powerful : Different nations^ were frequently at war with each other, of which hus- bandmen sometime,s find remaining marks in their fields : A little below the falls of Delaware on the Jersey side ; at Point-no-point in Pennsylvania, and several other places, Avere banks that have been formerly thrown up for intelligence be right, they also predicted: A sachem of this tribe (he says) being observed to look at the great comet, which ap- peared the first of October 1680, and asked, what he thought was the meaning of that prodigious appearance ? answered gravely, It signifies that we Indians shall melt away, and this country be in- habited by another people. How this Indian came by his knowledge without the learned Whiston's astronomical tables, or whether he had any knowledge, is not so material. He will however be allowed as good a right to pretend to it, when the event is considered, as the other had in his conjectures concerning the cause of Noah's flood: This at least till the regularity of the comets motions are better known. But we see greater names have had their prognosticating sentiments concerning them. Hence Dr. Young in his paraphrase on that chapter of Job, where the almighty challenges the patriarch on the weakness of man. Who drew the comet out to such a size And pour'd his flaming train o'er half the skies? Did thy resentment hang him out, does he Glare on the nations, and denounce from thee? c. Frogs, a creek or two in Gloucester county, are called Manta or Mantau, from a larger tribe that resided there ; the Indians were- probably both of the same Stock. d. The Five Nations before the sixth was added ; but few of these had their residence in New-Jersey : They are supposed to have been sometimes in fishing seasons among the others here ; the Dutch* called them Mahakuase. customs. Of new- jersey. 137 for intrenchments, against incursions of the neigh- A.. D. bouring Indians, who in their canoes used sometimes to go in warlike bodies from one province to another. It was customary with the Indians of West-Jersey, when they buried their dead, to put family utensils, bows and arrows, and sometimes money (wampum) into the grave with them ; as tokens of their affection. When a Indian person of note died far from the place of his own resi- dence, they would carry his bones to be buried there ; they washed and perfumed the dead, painted the face, and followed singly ; left the dead in a sitting posture, and covered the grave pyramidically : They were very curious in preserving and repairing the graves of their dead, and pensively visited them ; did not love to be asked their judgment twice about the same thing: They generally delighted in mirth ; were very studious in observing the virtues of roots and herbs, by which they usually cured themselves of many bodily distem- pers, both by outward and inward applications : They besides frequently used sweating, and the cold bath. e. They had an aversion to beards, and would not suffey them to grow ; but pluck'd the hair out by the roots : The hair of their heads was black, and generally shone with bear's fat, particularly that of the women, who tied it behind in a large knot ; sometimes in a bag. They called persons and places, by the names of things remarkable, or birds, beasts, and fish ; as Per-hala, a duck; Chu-havmk, a goose; Quink-Quink^ a tit ; PuUuppa, a buck ; Shingas, a wild-cat ; and they observed e. T&e manner was to first inclose the patient in a narrow cabbia,. in the midst of which was a red hot stone, this frequently wet with water, occasioned a warm vapour ; the patient sufiiciently wet with this and liis own sweat, was hurried to the next creek or river, and plunged into it; this was repeated as often as necessary, and some- times great cures performed. But this rude method at other times killed, notwithstanding the hardy natures of the patients ; especially in the small pox and other European disorders. 138 The HISTORY A. D. observed it as a rule, when the rattle-snake gave notice by his rattle before they approach'd, not to hurt him ; but if he rattled after they had passed, they immediately return'd and kill'd him. They were very loving to one another ; if several of them came to a christian's house, and the master of it gave one of tliem victuals and none to the rest, he would divide it into equal shares amongst his companions ; if the christians visited them, they would give them the first cut of their victuals ; they would not eat the hollow of the thigh of any thing they killed. Their chief employment was hunt- ing, fishing, and fowling; making canoes, bowls, and other wooden and earthen ware ; in all which they were, considering the means, ingenious : In their earthen bowls they boiled their water. Their women's business chiefly consisted in planting Indian corn, parching or roasting it, pounding it to meal in mortars, or breaking it between stonas, making bread, and dressing victuals ; in which they were sometimes observed to be very neat and cleanly, and sometimes otherwise : They also made mats, ropes, hats and baskets, (some very curious) of wild hemp and roots, or splits of trees : Their young women were originally very modest and shame-faced, and at marriageable ages distinguished themselves witii a kind of work'd mats, or red or blue bays, interspersed with small rows of white and black wampum, or half rows of each in one, fastened to it, and then put round the head, down to near the middle of the forehead : Both young and old women would be highly offended at in- decent expressions, unless corrupted with drink. The Indians would not allow of mentioning the name of a friend after death : They sometimes streaked their faces with black, when in mourning ; but when their affairs went well, they painted red : They were great observers of the weather by the moon ; delighted iii fine cloaths ; were punctual in their bargains, and observed this so much in others, that it was very difficult for a person who Of NEW-JERSEY. 139 who had once failed herein, to get any dealings with A. D. them afterwards. In their councils they seldom or never interrupted or contradicted one another, till two of them had made an end of their discourse ; for if ever so many were in company, only two must speak to each other, and the rest be silent till their turn : Their language was high, lofty, and sententious : Their way of counting was by tens, that is to say, two tens, three tens, four tens, &c. when the number got out of their reach, they pointed to the stars, or the hair of their heads. They lived chiefly on maze, or Indian corn roasted in the ashes, sometimes beaten and boiled with water, called homine; they also made an agreeable cake of their pounded corn ; and raised beans and pease ; but the woods and rivers afforded them the chief of their provisions : They pointed their arrows with a sharpened flinty stone, and of a larger sort, with withs for handles, cut their wood ; both of these sharpened stones are often found in the fields. Their times of eating were commonly morning and evening ; their seats and tables the ground : They were naturally reserved, apt to resent, to conceal their resentments, and retain them long ; they were liberal and generous, kind and affable to the English : They were observed to be uneasy and impatient in sickness for a present remedy, to which they commonly drank a decoction of roots in spring water, forbearing flesh, which if they then eat at all, it was of the female. They took remarkable care of one another in sickness, while hopes of life remained ; but when that was gone, «ome of them were apt to neglect the patient. Their government was monarchical and successive, and mostly of the mother's side, to prevent a spurious issue. /■ They commonly /. That is, the children of him now king, will not succeed, l)ut his brother by the mother, or children of his sister, whose sons (and after them the male children of her daughters) were to reign; for no woman inherited. 140 TheHISTORY A. r>. commonly washed their children in cold water as soon as born ; and to make their limbs straight, tied them to a board, and hung it to their backs when they travelled ; they usually walked at nine months old : Their young men married at sixteen or seventeen years of age, if by that time they had given sufficient proof of their man- hood, by a large return of skins : The girls married about thirteen or fourteen, but stay'd with their mothers to hoe the ground, and bear burthens, &c. for some years after marriage : The women, in travelling, gene- rally carried the luggage : The marriage ceremony was sometimes thus ; the relations and friends being^ present, the bridegroom delivered a bone to the bride^ she an ear of Indian corn to him, meaning that he was to provide meat, she bread : It was not unusual notwithstanding, to change their mates upon dis- agreement; the children went with the party that loved them best, the expence being of no moment to- either ; in case of difference on this head, the man was allowed the first choice if the children were divided or there was but one. Very little can be said as to their religion ; much pains were taken by the early christian settlers, and frequently since, to inform their judg- ments respecting the use and benefit of the christian revelation, and to fix restraints; but generally with unpromising success, tho' instances have now and then happened to the contrary : They are thought to have believed in a God and immortality, and seemed to^aim at publick worship ; when they did this, they some- times sat in several circles one within another; the action consisted of singing, jumping, shouting and danc- ing ; but mostly performed rather as something handed down from their ancestors, than from any knoAV- ledge or inquiry into the serious parts of its origin : They said the great king that made them, dwelt in a glorious Of NEW-JERSEY. 141 glorious country to the southward, and that the spirits A. D. of the best should go there and live again : Their most solemn worship was the sacrifice of the first fruits, in which they burnt the first and fattest buck, and feasted together upon what else they had collected ; but in this sacrifice broke no bones of jv^y creature they eat ; when done, they gathered and buried them very carefully; these have since been frequently ploughed up : They distinguished between a good and evil man-etta, or spirit ; worshiped the first for the good they hoped ; and some of them are said to have been slavishly dark in praying to the last for deprecation of evils they feared ; but if this be true in a general sense, some of the tribes much conceal'd it from our settlers : They did justice upon one another for crimes among themselves, in a way of their own ; even murder might be attoned for by feasts, and presents of wampum ; the price of a woman kill'd was double, and the reason, because she bred children, which men could not do. — If sober they rarely quarrelled among themselves ; they lived to sixty, seventy, eighty, and more, before rum was introduced, but rarely since : Some tribes were commendably careful of their aged and decrepid, endeavouring to make the remains of life as comfortable as they could ; it was pretty genecally so, except in desperate decays ; then indeed as in other cases of the like kind, they were sometimes apfe to neglect them. Strict observers of property, yet to the last degree, thoughtless and inactive in acquiring or keeping it : None could excel them in liberality of the little they had, for nothing was thought too good for a friend; a knife, gun, or any such thing given ta one, frequently passed through many hands : Their houses or wig-wams were sometimes together in towns, but mostly moveable, and occasionally fixed near a spring or other water, according to the conveniencies for hunting, fishing, basket making, or other business of that sort and built with poles laid on forked sticks in the 142 The history A. D. 1681. the ground, with bark, flags or bushes on the top and sides, with an opening to the south, their fire in the middle jSf- at night they slept on the ground with their feet towards it ; their cloathing was a coarse blanket or skin thrown over the shoulder, which covered to the knee, and a piece of the same tied round their legs, with part of a deer skin sewed round their feet for shoes ; as they had learned to live upon little, they seldom expected or wanted to lay up much : A- They were also moderate in asking a price for any thing they had for sale: When a company travelled together, they gene- rally followed each other in silence, scarcely ever two were seen by the side of one another; in roads the man went before with his bow and arrow, the woman after, not uncommonly with a child at her back, and other burdens besides ; but when these were too heavy, the man assisted. To know their walks again, in un- frequented woods, they heaped stones or marked trees. In person they were upright, and strait in their limbs, beyond the usual proportion in most nations; their bodies were strong, but of a strength rather fitted to endure hardships than to sustain much bodily labour, very seldom crooked or deformed ; their features regular ; their countenances sometimes fierce, in com- mon rather resembling a jew than christian ; the colour of their skin a tawny reddish brown ; the whole fashion 'g. From the years 1300 to 1500, in the towns of France, Ger- 'many, and England, they had scarce any but thatched houses; 'and the same might be said of the poorer towns in Italy: And ' altho' those countries were over-run with woods, they had not as *yet learned to guard against the cold, by the means of chimneys, '(the kitchen excepted) an invention so useful and ornamental to 'our modern apartments. The custom then was, for the whole ' family to sit in the middle of a smoaky hall, round a large stove, 'the funnel of which passed through the ceiling. Anderson's hist, ■and chronological deduction of commerce. h. Sir William Temple somewhere says, an Indian once put the question to a christian, to give him a reason, why he should labour hard all his days to make his children idle all theirs? Of NEW-JERSEY. 143 fashion of their lives of a piece ; hardy, poor and A. T>. squalid : i- When they began to drink, they commonly continued it as long as the means of procuring it lasted. In drink they often lay exposed to all the inclemencies of weather, which introduced a train of new disorders among them ; They were grave, even to sadness upon any common, and more so upon serious occasions ; observant of those in company, and respectful to the old ; of a temper cool and delibe- rate ; never in haste to speak, but waited for a certain- ty, that the person who spoke before them had finished all he had to say: They seemed to hold European vivacity in contempt, because they found such a& came among them, apt to interrupt each other, and frequently speak all together : Their behaviour in publick councils, was strictly decent and instructive, every one in his turn was heard, according to rank of years or wisdom, or services to his country : Not a word, a whisper, or a murmur, while any one spoke ; no interruption to commend or condemn ; the younger sort were totally silent. They got fire by rubbing wood of particular sorts, (as the antients did out of the ivy and bays) by turning the end of a hard piece upon the side of one that was soft and dry ; to forward the heat they put dry rotten wood and leaves ; with the help of fire and their stone axes, they would fall large trees, and afterwards scoop them into bowls, &c. From their infancy they were formed with care to endure hard- ships, to bear derision, and even blows patiently ; at least with a composed countenance : Though they were i. Uncultivated as these people are, in many of their practices, when it is considered how others have refined from circumstances equally low and sordid, if not quite so savage; it seems to open a door of hope with regard to some of these. If we look into Europe,, we shall find that even in their present state, they are not an abso- lutely singular character. Via. Higt. of Ireland, by F. Warner^ L, L. D. lately published, «&c. 144 The HISTORY A. D. were not easily provoked ; it was generally hard to be appeased whenever it happened : Liberty in its fullest extent, was their ruling passion ; to this every other consideration was subservient; their children were traiu'd up so as to cherish this disposition to the utmost; they were indulged to a great degree, seldom chastised with blows, and rarely chided ; their faults were left for their reason and habits of the family to correct; they said these could not be great before their reason commenced; and they seemed to abhor a slavish motive to action, as inconsistent with their notions of freedom and independency ; even strong persuasion was industriously avoided, as border- ing too much on dependence, and a kind of violence offered to the will : They dreaded slavery more than death : They laid no fines for crimes ; for they had no way of exacting them : The attonement was volun- tary : Every tribe had particulars in whom they reposed a confidence, and unless they did something unworthy of it they were held in respect : What were denominated kings, were sachems distinguished among these; the respect paid them was voluntary, and not exacted or looked for, nor the omission regarded : The sachems directed in their councils, and had the chief disposition of lands. To help their memories in treaties, they had belts of black and white wampum ; with these closed theif periods in speeches, delivering more or less according to the importance of the matter treated of; this ceremony omitted, all they said passed for nothing : They treasured these belts when delivered to them in treaties, kept them as the records of the nation, to have recourse to upon future contests; governed by customs and not by laws, they greatly revered those of their ancestors, and followed them so implicitly, that a new thought or action but seldom intruded. They long remembered kindnesses, families or Of new-jersey. 145 ^JT particulars that had laid themselves out to deal A. D. with, entertain and treat them hospitably, or even fairly in dealings, if no great kindness was received, were sure of their trade : This also must undoubtedly be allowed, that the original and more uncorrupt, very seldom forgot to be grateful, where real benefits tad been received. And notwithstanding the stains of perfidy and cruelty, which in 1754, and since, have dis- graced the Indians on the frontiers of these provinces, -even these by an uninterrupted intercourse of seventy years, had on many occasions, given irrefragable proofs -of liberality of sentiment, hospitality of action, and impressions^'- that seemed to promise a continuation of better things : But of them enough at present. Among k. Witness the first reception of the English, the purchases after- 'wards, their former undeviating candor at treaties in Pennsylvania, ^nd other incidents. Extract of a letter from C. W. Indian interpreter of a neighbouring government, to C. S. printer. 'I write this to give an account of what I have observed amongst * the Indians, in relation to their belief and confidence in a divine ' Being, according to the observations I have made from 1714, in ^time of my youth, to this day. If by the word religion, people ' mean an assent to certain creeds, or the observance of a set of reliv 'gious duties, as appointed prayers, singing, preaching, baptism, &c. 'or even heathenish worship ; then it may be said, the Five Nations ' and their neighbours have no religion : but if by religion, we mean ■^an attraction of the soul to God, whence proceeds a confidence in, 'and hunger after the knowledge of him; then this people must be 'allowed to have some religion amongst them, notwithstanding their 'sometimes savage deportment. For we find amongst them some * tracts of a confidence in God alone, and even sometimes (though 'but seldom) a vocal calling upon him: I shall give one or two 'instances of this, that fell under my own observation. 'In the year 1737, I was sent, for the first time, to Onondago, 'at the desire of the governor of Virginia; I set out the latter end 'of February, very unexpectedly, for a journey of 500 English 'miles, through a wilderness where there was neither road nor * path, and at such a time of year, when creatures could not be 'met with for food; there were a Dutchman and three Indians 'with me. When we were 150 miles on our journey, we came 'into a narrow valley, about half a mile broad, and thirty long, 'both sides of which were encompassed with high mountains, on "* which the snow lay about three feet deep ; in it ran a stream of * water 146 The HISTORY A. D. 1681. A. D. Among a people so immediately necessary to each other, where property was little, and the anxiety of increasing 'water, also about three feet deep, which was so crooked that it 'always extended from one side of the valley to the other; ' in order to avoid wading so often through the water, we 'endeavoured to pass along on the slope of the mountain; the 'snow three feet deep, and so hard froze on the top, that we ' could walk upon it : We were obliged to make holes in the snow, ' with our hatchets, that our feet might not slip down the mountain ; 'and thus we crept on. It happened that the old Indian's foot 'slipt, and the root of a tree by which he held, breaking, he slid ' down the mountain as from the roof of an house ; but happily 'was stopt in his fall, by the string which fastened his pack hitch- 'ingto the stump of a small tree. The two Indians could not 'come to his aid, but our Dutch fellow traveller did; and that 'not without visible danger of his own life: I also could not put 'a foot forward, till I was help'd ; after which we laid hold of the 'first opportunity to go down again into tlie valley; which was 'not till after we laboured' hard lor half an hour, with hands and 'feet: We had observed a tree that lay di*"ectly off" from where the 'Indian fell ; and when we were come down into the valley again, 'we went back about one hundred paces, where we saw, that if 'the Indian had slip'd four or five paces further, he would 'have fell over a rock one hundred feet perpendicular, upon craggy 'pieces of Rocks below. The Indian was astonish'd, and turn'd ' quite pale, then with out stretched arms and great earnestness, spoke ' these words, / thank the great lord and governor of this world, in ' that he has had mercy upon me, and has been willing that I should' ' live longer ; wiiich words I at that time sat down in my journal: 'This happened the 25th of March, 1737. 'The 9th of April following, while we were yet on the journey, 'I found myself extremely weak, through the fatigue of so long a 'journey, and the cold and hunger I had suffered ; and there hav- 'ing fallen a fresh snow of about twenty inches deep, also being yet ' three days journey from Onondago, in a frightful wilderness; my 'spirit failed, my body trembled and shook ; I thought I should 'fall down and die; I step'd, aside, and sat me down under a tree, 'expecting there to die: My companions soon missed me; the 'Indians came back, and found me sitting there: I told them ia 'one word, I would go no furtiier, I would die there. They remained 'silent a while, at last the old Indian said. My dear companion, thou * hast hitherto encouraged us, will thou now quite give upf Remember ' that evil days are better than good days; for when we suffer much 'we do not sin; and sin viill be drove out of us by suffering; but 'good days cause men to sin, and Ood cannot extend his mercy to them; 'but contrarywise, when it goeth evil with us, Ood hath compassion 'upon us.' These words made me ashamed; I rose up, and travel- * led on as well as I could. Of new-jersey. 147 increasing it less ; the intercourse naturally became A. D. free and unfettered with ceremony : Hence every one had his eye upon his neighbour; misunderstandings and mistakes were easily rectified. No ideas of state or 'The next year I went another journey to Onondago, in com- * pany with Joseph Spanhenberg, and two others. It happened 'that an Indian came to us in the evening, who had neither shoes, 'stockings, shirt, gun, knife, nor hatchet; in a word, he had 'nothing but and old torn blanket, and some rags, upon enquiring 'whither he was going? he answered to Onondago. I knew him, 'and asked how he could undertake to go a journey of three hun- dred miles, so naked and unprovided ; having no provisions, *nor any arms to kill creatures, for his sustenance? he answered,, 'he had been amongst enemies, and had been obliged to save him- ' self by flight, and so had lost all. This was true in part; for he 'had disposed of some of his things amongst the Irish, for strong 'liquors. Upon further talk, he told me very chearfuUy ; that ' God Jed every thing which had life, even the rattle-snake itself, tho*^ * it was a bad creature ; and that God would also provide in auch a 'manner, that he should come alive to Onondago; he kue'O for crtain * that he should go there; that it was visible God ua With the ' Indians in the wilderness, because th'-y always end thf'r oire upon ' him ; but that contrary to this, the Europeans always carried bread ^ with them. He was an Onondago, his name was Anontagketa: 'The next day we travelled in company; and the day following, 'I provided him with a knife, hatchet, flint, and tinder, also shoes 'and stockings, and sent him before me to give notice to the 'council at Onondago, that I was coming; which he truly per- ' formed; being got thither three days before us. 'Two years ago I was sent by the governor to Shamokin, on 'account of the unhappy death of John Armstrong, the Indian 'trader: After I had performed my errand, there was a feast pre- ' pared, to which the governor's messengers were invited: There 'were about one hundred persons present, to whom (after we had 'in great silence devoured a fat bear) the eldest of the chiefs made ' a speech, in which he said, that by a great misfortune, three of 'their brethren the white men, had been killed by an Indian; that 'nevertheless the sun was not set, {meaning there was no war) it ' had been only somewhat darkened by a small cloud, which was now ' done away ; he that had done evil was like to be punished, and the 'land to remain in peace; therefore he exorted his people to- 'thankfulness to God; and thereupon began to sing with an awful 'solemnity, but without expressing any words; the others accom- 'panied him with their voices: After they had done, the same ' Indian, with great earnestness, spoke these words. Thanks, thanks 'be to thee, thou great lord of the world, in that thou hast again * caused the sun to thine, and hast dispersed the dark cloud; the Indiana ' are thine.' 1681. 148 The HISTORY A.D. or grandeur; no homage of wealth, office, birth, rank or learning ; no pride of house, habit, or furni- ture; very little emulations of any kind to interrupt; and so much together, they must be friends, as far at least, as that term could be properly applied to them ; this was general in some of the tribes : Attachments of particulars to each other were constant and steady ; and in some instances far exceeding what might be expected. Companies of them frequently got to- gether to feast, dance, and make merry ; this sweetned the toils of hunting; excepting these toils, and the little action before described, they scarcely knew any : A life of dissipation and ease, of uncertainty and want, of appetite, satiety, indolence and sleep, seemed tx) be the sum of the character, and chief that they aim'd at. Notwithstanding their government was successive, it was, for extraordinary reasons, sometimes ordered otherwise ; of'this there is an instance in the old king Ockanickon, who dying about this time at Burlington, declared himself to this effect : ' It was my desire, that my brother's son lahkursoe, *■ should come to me, and hear my last words ; for him * have I appointed king after me. ' My brother^s son, this day I deliver my heart into * your bosom ; and mind me. I would have you love * what is good, and keep good company ; refuse * what is evil and by all means avoid bad company. ' Now having delivered my heart into your bosom, ' I also deliver my bosom to keep my heart in ; be sure ' always to walk in a good path, and if any Indians * should speak evil of Indians or christians, do not join * in it, but look at the sun from the rising of it to the * setting of the same : In speeches that shall be made * between the Indians and the christians, if any wrong * or evil thing be spoken, do not join with that ; but 'join Of NEW-JEESEY. 149 ''join with the good : When speeches are made, do not A. D. ' you speak first ; be silent and let all speak before you, ^ and take good notice what each man speaks, and ■' when you have heard all, join to that which is ' good. ' Brother's son, I would have you cleanse your ears, ■' and take all foulness out, that you may hear both ' good and evil, and then join with the good and -' refuse the evil ; and also cleanse your eyes, that you ■* may see good and evil, and where you see evil, do * not join with it, but join to that which is good. ' Brother's son, you have heard what has passed ; ' stand up in time of speeches ; stand in my steps, and '' follow my speeches ; this do, and what you desire in ' reason will be granted : Why should you not follow ' my example ? I have had a mind to be good and do '' good, therefore do you the same : Sheoppy and Swam- 'pis were to be kings in my stead, but understanding ' by my doctor, that Sheoppy secretly advised him not ' to cure me, and they both being with me at John ^ HoUinshead's house, I myself saw by them, that they ' were given more to drink, than to take notice of my ^ last words ; for I had a mind to make a speech to ' them, and to my brethren, the English commission- ' ers ; therefore I refuse them to be kings after me, and ^ have now chosen my brother's son lahkursoe in their * stead to succeed me. ' Brother^ s son, I advise you to be plain and fair with * all, both Indians and christians, as I have been ; I ^ am very weak, otherwise I would have spoken more/ After the Indian had delivered this counsel to his nephew, T. Budd, one of the proprietors, being present, took the opportunity to remark, that there was a great God, who created all things; that he gave man an understanding of what was good and bad ; and ral punishment;, and that no life should be taken but by virtue ')i isome law, and the proof of two or three \vitn< sses. There being doubts started, whether the government of West New-Jersey, had been granted with the Donbt ts soil, and reports industriously spread up and down vemn.ent the province, as well as in England, to the pre- °J West- . ., 1111 Jersey. judice of the possessors title, as they thought; the assembly in the spring, this year, thought it their business to obviate this, and other points, by unani- mously resolving, as to the first, 'That the land ' and government of West New-Jersey, were pur- ' chased together : ' And that as to the question, ' Whether the concessions agreed upon by the pro- * prietors and people, and subscribed in London and * West-Jersey, were agreed upon to be the funda- ' mentals and ground of the government of West- ' New-Jersey, or not ? Resolved in the affirmative, ' nemine contradicente : only John Fenwick excepted ' his tenth ; which he said at that time was not under 'the 164 The HISTORY A. D. ' the same circumstances ; but now freely consenteth * thereto.^- Jenings was at this assembly chosen governor, as hinted before,^- having hitherto acted as Byllings's deputy : The commissioners and other officers of Jenings. government, being also chosen, they severally took their qualifications ;c- and having agreed, that the governor o. Proprietary records, secretary's office, Burlington. b. He had for salary this year a right to take up six hundred acres of laud above the Falls. c. Respectively asfoUows. I Samuel Jenings, being elected governor of the province of West-Jersey, by the general free assembly thereof, sitting at Bur- lington, the eleventh day of the third month, in the year 1683, do freely and faithfully promise (according to the best of my ability) to act in that capacity according to the laws, concessions, and con- stitutions, as they are now established in the said province. Samuel Jenings, Governor. The engagement and promise of the council elected by the assembly. We underwritten being elected and chosen by the general free assembly, members of council, to advise and assist the governor in managing the affairs of the government, do solemnly promise every one for himself, that we will give our diligent attendance from time to time, and him advise and assist to the best of our skill and knowledge, according to the laws, concessions, and constitutions of this province; and do further promise not to reveal or disclose any secret of council, or any business therein transacted, to the prejudice of the public. Witness our hands the 15th day of the third month, Anno 1683. Thomas Budd, Thomas Gardiner, John Skeen, Henry Stacy, John Gosling, James Nevill, Thomas Olive, Elias Farre. William Biddle, The engagement and promise of the commissioners, justices, and other •officers, elected as aforesaid. We whose names are hereunderwritten, being by the general free assembly, chosen to officiate in our several trusts, commissions and offices for the year ensuing; do hereby solemnly promise, that ■we will truly and faithfully discharge our respective trusts, according to the laws,' concessions and constitutions of the said province, in our respective offices and duties, and do equal justice and right to all men, according to our best skill and judgment, without corrup- tion, Jer.sev law. Of NEW-JERSEY 165 governor should be chairman, or speaker ; that he A. D. should sit as a member with them, and they together with the council ; and that the chairman should have a, double vote ; passed sundry laws, among which was the following. ' And whereas it hath pleased God, to commit this A West- country and province into the hands of such who (for the generality of them) are fearing God, and painful and industrious in the promoting and im- proving the said province ; and for the better prevent- ing of such as are profane, loose and idle, and scandalous, from settling amongst us, who are, and will be, not only unserviceable, but greatly burthen- some to the province : It is therefore hereby enacted by the authority aforesaid, that all person and persons, who shall transport him or themselves into this pro- vince, shall, within eighteen months after he or they shall arrive in the said province, procure and produce a certificate, under the hands of such of that religious society to whom he or they did belong, or other- wise from two magistrates (if procurable) or two constables or overseers of the poor, with three or more creditable persons of the neighbourhood, who inhabit or belong to the place where he or they did last reside, as may give satisfaction (that is to say) that he or they came not clandestinely or fraudently away; and if unmarried, that he or she are clear from former engagements in that particular ; and also, that he or she are such as live soberly and honestly, to the best of their knowledge; and that no justice shall tion, favour or affection. Witness our hands this 15th of the third month, 1683. Justices. Thomas Olive, Richard Guy, Andrew Wade, Andrew Thompson. Commissioners. William Biddle, John Gosling, John Skeen, Mah- lon Stacy, Thomas Olive, James Nevill, Francis Collins, Thomas Budd, Thomas Gardiner, Mark Newby. Recorder. Thomas Revell. ■Sheriff. Benjamin Wheat. Surveyor. Daniel Leeds. 166 The history A. D. 1683. * shall presume to marry any such person or persons^ ' who shall come into this province, before such certiii- ' cate be produced ; or that it be laid before the gover- ' nor or two justices, and give them sufficient satis- * faction concerning their clearness ; and that all sucb ' person and persons who shall settle in the said province, * and shall refuse or neglect to produce such certificate * as aforesaid, within the said eighteen months, shall * be fined at the discretion of the governor and council ' of the said province, not exceeding twenty pounds ; ' the same to be lev^'ed by distress and sale on the * offender's goods, and to be paid into the hands of * the treasurer of the said province/ 1683. Robert Barclay governor. CHAP. X. Robert Barclay appointed governor of East-Jersey ; and T. Rudyard deputy: Letters from Rudyard, S. Groome, Lawrie and others, concerned in that settlement. WE have seen that the Scotch had a considerable share in the settlement of East-Jersey, many of them and a number that arrived afterwards, fixed about Amboy, and up Rariton : The twelve proprietors ap- pointed Robert Barclay, (author of the apology) governor for life -d- and Thomas Rudyard, (a lawyer or d. His commission. 'The proprietors of the province of Kast^ New- Jersey. To our 'trusty and well beloved fellow proprietor, Robert Barclay^ 'sendeth greeting;: 'Whereas the powers of government of the province of East- New-Jersey, is devolv'd upon us, and assigned to us, by Jamea duke of York, with power to constitute and appoint such governor and commissioners, for the well governing of the said province, as we shall see meet; anel we having heretofore, out of the confi- dence we had of Robert Barclay, his skill, prudence and integrity, constituted and appointed him governor of the said province, to appoint a deputy during^ his absence therefrom, to be approvedl 'by Of new-jersey. 167 •or attorney in London, noted for his assistance at the trial A. D. of Penn and Meade-) deputy governor; wliich last arrived at his government, the I'^tter end of last, or beginning of this year : His account of the country soon after his arrival, may not be unacceptable. ' East-Jersey, the 30tli of the 3d month ' Dear B. G. 'called May, 1683. ' To be as particular in my turn, were but thy ' due ; yet I cannot promise so much ; however I may *give thee some general account of the province, and ' of our satisfaction with our ])resent lot, the short ^ time I have experenced this : But to give thee also, ^ as thou desires, a character of Pennsylvania, and ^ West-Jersey, that will be a task I must be excused to ' undertake 'by sixteen of the proprietors: Upon the same reason and confi- ' dence, we do hereby confirm to him the government of the said ' province, during all the days of his life ; as to have the power of 'the government of all the said province, and of all isles, rivers, 'islands and seas within the same, or belonging thereto ; to do all 'and every thing or things, which to the charge and office of a 'governor ' doth appertain; commanding all inferior officers to ' obey him as their governor, according to this our commission, and 'the powers hereby given him, and according to the laws and * constitutions made or confirmed by us, or to be made; which he 'himself is to observe and follow; as unto his duty and office doth ' appertain. And whereas we have agreed, and are satisfied, for ' certain good reasons and considerations moving us thereunto, to 'commit this trust unto him, and to give him this character, 'without laying any necessity upon him to repair to the said pro- 'vince; so likewise we have, and do hereby give him power, from 'time to time as need shall be, during his absence, to name and 'constitutes and grajit commission, to a deputy governor to starve in 'the said province; he being always approved by sixteen of us the ' proprietors, and following the orders he receives from us, accord- ' ing to the laws and constitutions of the said province. ' Given under the seal of the said province, and signed by our 'hands; dated at London, the 17th of the fifth month called 'July, in the year of our lord, according to the English account, '1683. > S s . E. Barclay died the third of October, 1690, and had continued governor till 1685, when lord Neil Campbell, uncle to the D. of Argyle, was appointed governor, and came over hither, — In .1698, sir Thomas Lane was governor of East-Jersey. A Vid. the trial, and Sewel's hist. p. 504. The history ' undertake, lest I give offence, or at least bring me- * under censure as partial : Were I not concerned in ' any of the provinces, I might satisfy thy curiosity • ' but being chiefly interested in this, I'll be very cau- * tious meddling with my neighbours, more than here, ' one with another ; so I may use my freedom with my * neighbours, which they take not ill, but not write ' what may be taken otherways. They lie so near * adjacent, that they may be said in a sense, to be but ' one country ; and what's said for one, in general may ' serve for all. I have been at Burlington, and at 'Pennsylvania, as far as Philadelphia; which lies ' about twenty miles below Burlington : That journey ' by land, gave me some view of all the provinces ; ' and made me considerably to estimate this of East- ' Jersey, having some conveniencies esteemed by * me, which the others are not so plentifully furnished ' withal, viz. fresh and salt meadows, which now are- ' very valuable ; and no man here will take up a tract ' of land without them, being the support of their * stock in winter ; which other parts must supply by * store, and taking more care for English grass : But5 * know, where salt marshes are not, there is no mus- * ketoes, and that manner of land the more health ;: * and this was often answered me, when I have been ' making comparisons. I must tell thee, their character ' in print, by all that reads it here, is said to be modesty * and much more might have been said in it's com- * mendation : We have one thing more particular tO' * us, which the others want also, which is vast oyster ' banks, which is constant fresh victuals, during the * winter, to English, as well as Indians ; of these ' there are many all along our coasts, from the sea^ ' as high as against New- York, whence they come to ' fetch them ; so we are supplied with salt fish at our ' doors, or within half a tide's passage ; and fresh fish ' in abundance, in every little brook, as pearch, trout^ ' eels, &c. which we catch at our doors. Provisions * here are very plentiful, and people generally well * stocked with cattle : New- York and Burlington have ' hitherto Of NEW-JERSEY. U^ * hitherto been their market ; few or no trading men A. D. ^ being here in this province : I believe it hath been ^^^^' ' very unhappy heretofore, under an ill managed ' government ; and most of the people are such who ' have been invited from the adjacent colonies, by the ' goodness of it's soil, and convenient situation : At ' Amboy we are now building some small houses, of ' 30 feet long, and 18 feet broad; fitting to entertain ' workmen, and such who will go and build larger : ' The stones lie exceeding well and good, up the Rari- ' ton river a tide's passage; and oyster shells upon the * point, to make lime withal ; which will wonderfully ' accomodate us in building good houses cheap, warm ' for winter, and cool for summer; and durable cover- ' ing for houses are shingles, oak, chesnut, and cedar ; ' we have plentiful here of all ; the last endures a man's ' life, if he lives to be old : There is five or six saw- ' mills going up here this spring ; two at work already, 'which abates the price of boards half in half; and ' all other timber for building ; for altho' timber costs ' nothing, yet workmanship by hand, was London * price, or near upon it, and sometimes more ; which * these mills abate ; we buy oak and chesnut boards no ' cheaper than last year : My habitation with Samuel ' Groome, is at Elizabeth-Town, and here we came ' first ; it lies on a fresh small river ; with a tide ships ' of 30 or 40 tuns^ come before our doors. Through- ' out this town is good English grass, and bears a very * good burthen : We cannot call our habitations soli- ' tary ; for what with the publick employ, I have little * less company at my house daily, than I had in George ' Yard ; altho' not so many passes by my doors : The ' people are generally a sober professing people, wise ' in their generation, courteous in their behaviour, and ' respectful to us in office among them : As for the ' temperature of the air, it is wonderfully situated to * the humours of mankind ; the wind and weather ' rarely holding in one point, or one kind, for ten days ' together ; it is a rare thing for a vessel to be wind * bound for a week together, the wind seldom holding 'in 170 The history ' in a point more than 48 hours ; and in a short time * we have wet and dry, warm and cold weather ; which * changes, we often desire in England, and look for * before they come ; yet this variation creates not cold, ' nor have we the tenth part of the colds we have in ' England : I never had any since I came ; and in the ' midst of winter and frosts, could endure it with less * cloaths than in England ; for generally I go with ' the same cloaths I used to wear in summer with you ; ' but warm cloaths hurt not. I bless the Lord, I never ' had better health, nor my family ; ihy daughters are ' very well improved in that respect, and tell me they ' would not change their place for George Yard, nor * would I. People here are generally settled where the ' tide reaches ; and altho' this is good land, and well * timbered, and plentifully supplied with salt marsh ; * yet there is much better land up higher ou the river, * where they may go up with small boats, where many * now are settling. There's extraordinary land, fresh ^ meadows overflowed in the winter time, that produces * multitudes of winter corn ; and it's believed will * endure 20, 30, or 50 years ploughing, without inter- ' mission, and not decay : Such land there is at Esopus, ' on Hudson's river, which hath bore winter corn about * 20 years, without help, and is as good as at first, and * better. William Penn took a view of the land, this Mast month, when here; and said he had never seen * such before in his life : All the English merchants, * and many of the Dutch, have taken, and are desirous * to take up plantations with us : Our country here, * called Bergen, is almost Dutchmen ; at a town called * Newark, seven or eight miles hence, is made great ' quantities of cyder ; exceeding any we can have from * New-England, Rhode-Island, or Long-Island I * hope to make 20 or 30 barrels out of our orchard * next year, as they have done who had it before me ; * for that, it must be as providence orders. Upon our * view and survey of Amboy point, we find it extraor- * dinary well situate for a great town or city, beyond * expectation ; at low water, round about the point, 'are Of NEW -JERSEY. 171 ^ are oysters of two kinds, small as' English, and A. D. * others two or three mouthfulls, exceeding good for ^^^^* ^ roasting and stewing ; the people say, our oysters are * good, and in season all summer; the first of the third * month I eat of them at Amboy very good : * The point is good lively land, ten, some places * twenty foot above the water mark. About it are ' several coves, where vessels may lay up conveniently ; ' besides great ships of any burthen, may all ride ' before the town, land lock'd against all winds ; there ' Rariton river runs up, or rather down 50, far larger 'some say 100 miles, for small boats. I saw several ^ vines Upon the point, which produces, as they say, ' good grapes in their season; this country is very full ^ of them ; but being not present profit, few regard ' them more, than to pick them as they lay in their * way, when they are ripe. We have store of clams, •^ esteemed much better than oysters ; on festivals the ' Indians feast with them ; there are shallops, but in ' no great plenty : Fish we have great store, as our ' relation sets forth ; but they are very good when ^ catch'd (as the proverb is.) I have several barrels by ^ me now, which are good for our table, and for sale. * I brought a sea net over with me, which may turn ^ to good account ; sea nets are good merchandize * here ; mine cost me about four or five pounds, and ^ can have twenty pounds for it, if I would sell it now. ' I may write of many such matters in our province, * which may invite persons here ; but so am resolved •'to conclude, knowing that in probability, there is not * an industrious man, but by God's blessing, may not * only have a comfortable, but plentiful supply of all * things necessary for this life ; with the salutation of ' my true affection to all, &c. I rest ' thy affectionate friend, Thomas Rudyaed. Samuel Groome, one of the proprietors, and surveyor general of East-Jersey, also wrote to his fellow pro- prietors, as follows. East- 172 The history A. D. East- Jersey, tlie 11th of August, 1683. ^ 1683. ' Friends and fellow proprietors. ' Since my last I have now sounded the channel from Amboy to Sandy-Hook, and find it to be a broad and bold channel, in no place less than three fathom at high-water, in ordinary tides four, or five, or six fathom except in one short place : Rariton river is a good river, and hath a good tide of flood overpower- ing the freshes about thirty miles above Amboy ; after it's flood, the tide hath no force against the freshes, which come out of several branches of Rariton, and joins in one, forty or fifty miles above Amboy. I have spent a considerable time in making discovery : I have not as yet, had time to lay out much land for you, only about seventeen or eighteen thousand acres in one tract, good upland, near Elizabeth-Town. I have now seen the tract of land against or nigh Amboy point, formerly laid out by Vanquillin ; it is on the west side of a creek called Chingerorus, about eight thousand acres, and I intend shortly to lay as much, or twice as much more to it ; but first we must talk with the natives about that, and other tracts of land, that they are not yet paid for : The last day of this month is appointed to treat with several Indians^ to buy several exceeding good tracts, nigh the head of Rariton. ' The tenth of next month is also appointed to treat with other Indians, to buy other tracts of choice meadowing and upland, that lieth about twelve or thirteen miles up into the country, which I have seen ; and when we have accomplished these two things, we shall be able to lay out for you much land ; and when I have been up in the countiy towards, and at Barna- gat, and agreed with the Indians thereabout, for such land as we may see occasion to purchase presently, in order to a settlement there ; for here are many both of New-England, New- York, and some parts of this province, stands ready to sit down in that part of the country, not only for the sake of the good upland and meadows, which report saith is much thereabout, 'but Of NEW-JERSEY. 173 * but also for the sake of the whale trade, and other A. D. ' fishing trade, which is like to be there shortly : New- ^^^^• ' England-men and others, were a tampering with the ' Indians, to have purchased there, before and since we ' came ; but now they are out of hopes of coming in ' at that door ; so now they make their addresses to us, ' and would have us to purchase and let them come in ' our tenants ; or otherways as we may agree : I intend ' to attempt these things this fall : I have not been ' much on the south side of Rariton, only upon some ' upland at several places, and upon the tract of eight ' thousand three hundred and twenty acres of yours ' aforementioned, and also on the meadowing that lies ' on the south side of Rariton above Amboy, a year or ' two since purchased of the Indians, in the name of ' Dame Carteret, though it was never intended for her ; ' nor for any proprietor ; but as it fell out, they quar- ' relied about disposing and sharing thereof; so it is now ' without controversy yours. Now know, that Rariton * river is accommodated on both sides with salt and fresh ' meadows ; salt as far as the salt sea water flows, or ' predominates ; and fresh above, as the river Thames : * We have above three thousand acres of meadowing ' butting on the river ; I hope it will never hurt Amboy ' town : Besides, report saith, that the upland next * adjoining to this meadowing, beginning over against ^ Amboy, and so up ten or twelve miles, to a river ' that strikes out of Rariton south, and is called South ' River, is but mean land. ' It may be well, if you would agree to take each ' one a twenty fourth part of lands as we lay them out, ' whether it be more or less, or else take five hundred ' aere lots, and let these lots be cast when twenty four ' times five hundred acres is laid out ; and where we ' can make greater lots, we may. We have now got up ' thi'ee houses at Amboy, and three more ready to be ' set up, but workmen are scarce, and many of them ' base ; the best will work but when they can spare ' time out of their plantations : If no help comes, it will * be long e'er Amboy be built as London is ; housing 'will 174 The history will bring a trade to that place : The Indians come thither to get fish, fowl, oysters, clams, mussels, &G. (as people go to market for things they want) and these Indians bring at seasons, great quantities of skins down Rariton, so by Amboy and to New-York ; where they have a continual supply of things they want. ' Well, here is a brave country, the ground very fruitful, and wonderfully inclinable to English grass ; as clover, . '* Sonraans, Joseph Ormston, Thomas Barker, and ' '* Thomas Cooper, proprietors of East-Jersey, in the ' presence of us, Richard Bouts, Nathaniel Welch. ' Scaled and delivered by Gilbert Mollison, in pre- * sence of us, Daniel Wild, Gilbert Falconer. * Sealed and delivered by Clement Plumstead, in ^ presence of us, John Askew, Samuel Hannington. ' Sealed and delivered by Henry Adderly, in pre- ' sence of us, John Blackall, Thomas Gage. * Sealed and delivered by Lewis Morris, in pre- ^ sence of, Aug. Graham, Richard Bibby.' ' The Queen's acceptance of the surrender of ' government. 'At the court at St. James's, the 17th day of 'April, 1702. * Present : The Queen's most excellent majesty. '* His Royal Highness Earl of Radnor, ' Prince George of Earl of Berkely, ' Denmark, Earl of Rochester, * Lord Keeper, Earl of Marlborough, * Lord President, Earl of Bradford, ' Lord Steward, Earl of Romney, Queen's ' Duke of Bolton, Earl of Ranelagh, tance." * Duke of Schomberg, Lord Ferrers, ^ Duke of Leeds, Lord Godolphin, ' Lord Great Chamber- Mr. Comptroller, ' lain, Mr. Vice Chamberlain, ' Earl Marshal, Mr. Secretary Vernon, ' Lord High Admiral, Mr. Chancellor of the Ex- ' Lord Chamberlain, chequer, ' Earl of Dorset, Lord Chief Justice, * Earl of Manchester, Sir Charles Hedges, ' Earl of Stamford, Mr. Smith. ' Earl of Burlington, ' This day the several proprietors of East and West ' New-Jersey, in America, did in person, present a * deed of surrender by them executed under their hands "* and seals, to her majesty in council, and did acknow- ' ledge 220 TheHISTOEY A. D. ' ledge the same to be their act and deed ; and humbly 1702. i ^q^\yq ]ig|. majesty to accept the same, that it might * be enrolled in the court of chancery, whereby they * did surrender their power of the government of those ' plantations : Which her majesty graciously accepted, ' and was pleased to order, as it is hereby ordered, that 'the same be enrolled in her majesty's said high court ' of chancerv ; and tiie said instruments are to be dcli- ' vered to JNIr. Attorney General, who is to take care ' that the same be enrolled accordingly. Lonl Directly after the surrender, Edward lord viscount Cornbury, grandson to the great chancellor Clarendon, was appointed governor of New-Jersey ; his commis- sion was as foUoweth : * Anne, by the grace of God, of England, Scot- ' land, France and Ireland, Queen, defender of the * faith, &c. To our trusty and well beloved Edward ' Hyde, esquire, commonly called lord Cornbury^ 'greeting: Whereas in the government of that coun- * try, which was formerly granted by king Charles ' the second, under the name of Nova-Csesaria, or * New-Jersey, and which has since been subdivided by * the proprietors, and called East New-Jersey, and * West New-Jersey, such miscarriages have happened, ' that the said country is fallen into disorder and confu- ' sion ; which has accordingly been represented to our * dearest brother the late king, in several petitions, * memorials and other papers, signed by the general ' proprietors, and by great numbers of the iidiabitants ; * and by means of that disorder the publick peace and ' administration of justice, whereby the properties of ' our subjects should be preserved there, is interrupted ' and violated, and the guard and defence of that * country so totally neglected, that the same is in immi- ' nent danger of being lost from the ci'own of England : ' And whereas the aforesaid proprietors being sensible * that the said country, and our good subjects the inha- ' bitants thereof, cannot be defended and secured by ' any other means then by our taking the government 'of Of NEW-JERSEY. 221 * of the same under our immediate care, have executed A. D. ' and made a formal and entire surrender of their '" • ' right, or pretended right and title to the government * of that country unto us : We therefore, reposing ' especial trust and confidence in the prudence, cou- ' rage and loyalty of you the said lord Cornbury, out ' of our especial grace, certain knowledge, and meer ' motion, hath thought fit to constitute and appoint, ' and by these presents do constitute and appoint you ' the said lord Cornbury, to be our captain general and ' governor in chief, in and over the aforesaid country ' of Nova-Csesaria, or New-Jersey, viz. the division ' of East and West New-Jersey, in America, which * we have thought fit to reunite into one province, and ' settle under one entire government : And we do here- ' by require and command you, to do and execute all ' things in due manner that shall belong unto your said ' command, and the trust we have reposed in you, ' according to the several powers and directions granted ' or appointed you by this present commission, and ' the instructions and authorities herewith given you, ' or by such further powers, instructions or authorities ' as shall at any time hereafter be granted, or appointed ' you under our signet and sign manual, or by our ' order in our privy council, and according to such * reasonable laws and statutes as shall be made and * agreed upon by you, with the advice and consent of ' the council and assembly of our said province, under * your government, in such manner and form as is ' hereafter expressed. And our will and pleasure is, ' that you the said lord Cornbury, having after the ' proclamation of these our letters patents, first taken * the oaths appointed by act of parliament to be taken ' instead of the oath of allegiance and supremacy, and ' the oath mentioned in an act, entitled. An act to * declare the altevdiion in the oath appointed to he taken, ' by the act, entitled. An act for the further security of *■ his majesty's person, and the succession of the crown in * the -protestaM line, and for the extinguishing the hopes * of the pretended prince of Wales, and all other pretenders * and J22 The history ' and their open and secret abettors, and for the declaring ' the association to be determined; as also the test menti- * oned in the act of parliament made in the twenty fifth * year of the reign of king Charles the second, entitled, ' An act fur preventing dangers which may happen from * popish recusants ; together with the oath for the due ' execution of the office and trust of our captain gene- * ral and governor in chief, in and over our said pro- * vince of Nova-Csesaria, or New-Jersey, as well with * regard to the equal and impartial administration of 'justice, in all causes that shall come before you, as * otherwise ; and likewise the oath required to be taken * by governors of plantations, to do the utmost that * the laws relating to the plantations be observed ; all ' which our council in our said province, or any three ' of the members thereof, have hereby full power and ' authority, and are required to administer unto you ; ' and in your absence our lieutenant governor, if there * l)e any upon the place ; you shall administer unto ' each of the members of our said council, as also to * our lieutenant governor, if there be any upon the * place, as well the oath appointed by the act of parli- * anient to be taken instead of the oath of allegiance * and supremacy, and the oath mentioned in the said ' act, entitled. An act to declare the alteration in the ' oath appninied to be taken by an act, entitled, An act ^ for the further security of his majesty^ s person, and the ' succession of the crown in the protestant line, and, for * extinguishing the hopes of the pretended prince of Wales, * and all other pretenders, and their open and secret abet- * tors, and for declaring the association to be determined ; ' as the forementioned test, and the oath for the due ' execution of their places and trusts. And we do * hereby give and grant unto you, full power and ' authority, to suspend any of the members of our said ' council from sitting, voting, and assisting therein, * if you shall see just cause for so doing: And if it * shall at any time happen, that by the death, departure "* out of our said province, or suspension of any of our ■* said councellors, or otherwise, there shall be wanting OfNEW-JERSEY. 22S * in our said council, any three whereof we do appoint ^- ^■ 'to be a quorum, our will and pleasure is, that you * signify the same unto us, by the first opportunity, 'that we may under our signet and sign manual, consti- ' tute and appoint others in their stead ; but that our 'affairs may not suffer at that instant, for want of a 'due number of councellors, if ever it should happen 'that there should be less than seven of them residing 'in our said province, we do hereby give and grant 'unto you the said lord Cornbury, full power and 'authority to chuse as many persons out of the princi- 'pal freeholders, inhabitants thereof, as will make up ' the full number of our said council to be seven, and ' no more ; which persons so chosen and appointed by 'you, shall be to all intents and purposes councellors 'in our said province, until either they shall be con- ' firmed by us, or that by the nomination of others by ' us, under our sign manual and signet, our said council 'shall have seven or more persons in it. And we do 'hereby give and grant unto you, full power and 'authority, with the advice and consent of our said 'council from time to time, as need shall require, to 'summon and call general assemblies of the freeholders 'and planters within your government, in manner 'and form as shall be directed in our instructions which 'shall be given you,, together with this our commis- 'sion. Our will and pleasure is, that the persona 'thereupon duly elected, by the major part of the 'freeholders of the respective counties and places sO' 'returned, and having before sitting, taken the oaths ' appointed by act of parliament to be taken instead of 'the oaths of allegiance and supremacy, and the oath ' mentioned in the aforesaid act, entitled. An act to ' declare the alteration in the oath appointed to be taken by ' the act, entitled. An act for the further securUy of ' his majesty's person, and the succession of the crown in ' the protestant line, and for extinguishing the hopes of ' the pretended prince of Wales, arid all other pretenders, 'and their open and secret abettors, and for declaring the ' association to be determined ; as also the aforementioned 'test. 224 The history 'test: Which oath you shall commissionate fit persons 'under our seal of Nova-CffivSaria, or New-Jersey, to 'administer imto them, and without taking of which 'oaths and subscribing the said test, none shall be 'capable of sitting though elected, shall be called and ' held the general assembly of that our province, and 'that you the said lord Cornbury, by and with the 'advice and consent of our council and assembly, or *the major part of them respectively, shall have full ' power and authority to make, constitute and ordain ^laws, statutes and ordinances, for the public peace, 'welfare and good government of our said province, 'and of the people and inhabitants thereof, and such ' others as shall resort thereto, and for the benefit of 'us, our heirs and successors, which said laws, statutes, *and ordinances are not to be repugnant, but as *near as may be, agreeable unto the laws and statutes 'of this our kingdom of England; provided that all 'such laws, statutes and ordinances, of what nature 'or duration soever, be within three months or sooner, 'after the making thereof, transmitted to us, under 'our seal of Nova-Csesaria, or New- Jersey, for our ^approbation or disallowance of them, as also dupli- 'cates thereof by the next conveyance, or in case any ' or all of them being not before confirmed by us, shall ^at any time be disallowed and not approved, and so * signified by us, our heirs or successors, under our or ' their sign manual and signet, or by order of our or ' their privy council, unto you the said lord Cornbury 'or to the commander in chief of our said province ' for the time being, then such and so many of them 'as shall be disallowed and not approved shall from * henceforth cease, determine, and become utterly void ' and of none eifect, any thing to the contrary thereof ' notwithstanding. And to the end that nothing may * be passed or done by our said council or assembly, to ' the prejudice of our heirs and successors, we will and ^ordain, that you the said lord Cornbury, shall have * and enjoy a negative power in the making and passing ' of all laws, statutes and ordinances as aforesaid. And 'that OfNEW-JERSEY. 225 ^ that yon shall and may likewise from time to time, as ^- ^• ^you shall judge it necessary, adjourn, prorogue and ^^^^* * dissolve, all general assemblies. Our will and plea- * sure is, that you shall and may use and keep the pub- *lick seal of our province of Nova-Csesaria, or New- ^ Jersey, for sealing all things whatsoever that pass ' the great seal of our said province under your govern- ' ment. And we do further give and grant unto you 'the said lord Cornbury, full power and authority, 'from time to time, and at all times hereafter, by 'yourself, or by any other to be authorized by you 'in that behalf, to administer and give the oaths 'appointed by act of parliament, instead of the oath ' of allegiance and supremacy, to all and every such ' person and persons as you shall think fit, who shall 'at any time or times pass into our said province, or 'shall be resident or abiding there. And do further 'give and grant unto you, full power and authority, * with the advice and consent of our said council, to 'erect, constitute and establish such and so many courts 'of judicature and publick justice within our said pro- ' vince under your government, as you and they shall 'think fit and necessary, for the hearing and determin- ^ing of all causes as well criminal as civil, according ' to law and equity, and for awarding execution there- ' upon, with all reasonable and necessary powers, autho- ' rities, fees and privileges belonging unto them ; and 'also to appoint and commissionate fit persons in the 'several parts of your government, to administer the 'oaths appointed by act of parliament to be taken ^instead of the oath of allegiance and supremacy, and 'the oath mentioned in the aforesaid act, entitled, An ' act to declare the alteration in the oath to be taken by the 'act, entitled. An act for the further security of his ' majesty's person, and the succession of the crown in the ' protestant line, and for the extinguishing the hopes of ' the pretended prince of Wales, and all other pretenders, ■' and their open and secret abettors, and for declaring ^ the association to be determined ; as also the test unto •'such persons as shall be obliged to take the same. p 'And 226 The history And we do hereby authorize and impower you, to constitute and appoint judges, and in cases requisite commissioners of oyer and terminer, justices of the peace, and other necessary officers and ma2;istrates in our said province, for the better administration of justice, and putting the laws in execution, and to administer, or cause to be administered unto them, such oatii or oaths as are usually given for the due execution and performance of offices and places, and for the clearing of truth in judicial causes. And we do hereby give and grant unto you, full power and authority, where you shall see cause, or judge any offender or offenders in criminal matters, or any fines or forfeitures due unto us, fit objects of our mercy, to pardon all such offenders, and to remit all such offen- ces, fines and forfeitures, treasons and wilful murder only excepted ; in which case you shall likewise have power uj)on extraordinary occasions, to grant re|)ricves to the offenders, until and to the intent our roval plea- sure may be known therein. And we do by these pre- sents, authorise and impower you to collate any person or persons to any churches, cha})els or other ecclcsia- cal benefices within our said province, as oi'ten as any of them shall hap])cu to be void. And we do hereby give and grant unto you the said lord Cornbury, by yourself, and by your captains and commanders by you to be authorised, full ])owor and autiiority to levy, arm, muster, command and employ all ])ersons whatsoever residing Avithin our said province of Nova- Cfcsaria, or Xew-Jersey, and as occasion shall serve, them to transport from one place to another for the resisting and withstanding of all enemies, pirates, and rebels, both at sea and land, and to transport such for- ces to any of our i)lantations in Ameri(;a, if necessity shall require, for the defence of the same, against the invasion and attempts of any of our enemies, pirates and rebels, if there shall be occasion, to ])ursue and prosecute in or out of the limits of our said province and plantations, or any of them ; and if it shall please God them to vanquish, apprehend and take, and ' being OfNEW-JEKSEY. 227 ' being taken, either according to law to put to death, A. D. * or keep and preserve alive at your discretion, and to ' execute martial law, in time of invasion, insurrection ' or war, and to do and execute all and every other ' thing and things, which to any captain general and * governor in chief doth or ought of right to belong. ' And we do hereby give and grant unto you full ' power and authority, by and with the advice and ' consent of our said council, to erect, raise and build ' in our said province of Nova-Csesaria, or New-Jersey, ' such and so many forts, platforms, castles, cities, ' boroughs, towns, and fortifications, as you, by the ' advice aforesaid, shall judge necessary, and the same, * or any of them, to fortify and furnish with ordinance, ' ammunition, and all sorts of arms fit and necessary * for the security and defence of our said province ; ' and by the advice aforesaid, the same or any of * them again to demolish or dismantle as may be most ' convenient. And forasmuch as many mutinies and * disorders may happen, by* persons shipped and em- ' ployed at sea, during the time of war ; to the end ' that such may be better governed and ordered, we ' do hereby give and grant unto you the said lord ' Cornbury, full power and authority, to constitute 'and appoint captains, lieutenants, masters of ships, ' and other commanders and officers, and to grant ' unto such captains, lieutenants, masters of ships, ' and other commanders and officers, commissions, * to execute the law martial during the time of war, ' and to use such proceedings, authorities, correcti- ' ons, executions, upon any offender or offenders ' who shall be mutinous, seditious, disorderly, or ' any ways unruly at sea, or during the time of their ' abode or residence in any of the ports, harbours, or ' quays of our said province, as the cause shall be found ' to require, according to martial law, during the time * of war as aforesaid. Provided, that nothing herein ' contained, shall be construed to the enabling you, ' or any by your authority, to hold plea or have any 'jurisdiction 228 The history 'jurisdiction of any offence, cause, matter or thing 'committed or done upon the high sea, or within ' any of the harbours, rivers or creeks of our said pro- * vince under your government, by any captain, com- * mander, lieutenant, master, officer, seaman, soldier, ' or other person whatsoever, who shall be in actual ' service and pay, in or aboard any of our ships of * war, or the vessels acting by immediate commission ' or warrant from our liigh admiral of England, under ' the seal of our admiralty, or from the commissioners ' for executing the office of our hig-h admiral of Ens:- ' land for the time being ; but that such captain, com- * mander, lieutenant, master, officers, seaman, soldiers, ' and other persons offending, shall be left to be pro- * ceeded against as the merit of their offences shall ' require, either by commission under our great seal of * England, as the statute of the twenty-eighth of king * Henry the eighth directs, or by commission from our ^ high admiral of England, or from our commissioners ' for executing the office of our high admiral of ' England, for the time being, according to the act of ' parliament passed in the thirteenth year of king Cliarles * the second, entitled. An act for establishing articles ' and orders, for the regulating and better government of ' his majesty's navy, ships of war, and forces by sea, * and not otherwise. Provided nevertheless, that * all disorders and misdemeanors committed on shore * by any captain, commander, lieutenant, master, offi- ^ cer, seaman, soldier, or any other person whatso- * ever, belonging to any of our ships of war, or other * vessels acting by immediate commission, or warrant ' from our high admiral of England, under the seal of * our admiralty, or from our commissioners for execut- * ing the office of high admiral of England, for the time * being, may be tried and punished according to the laws ' and place where any such disorders, offences and mis- * demeanors, shall be committed on shore, notwith- * standing such offender be in our actual service and in * our pay on board any such our ships of war or other * vessels, acting by immediate commission or warrant ' irom Of N E W- JERSEY. 229 'from our hio;h admiral, or from our commissioners A- D, ' for executing the office of high admiral for the time '^'" * being as aforesaid, so as he shall not receive any pro- * tection for the delaying of justice, for such offences * committed on shore, from any pretence of his being ' employed in our service at sea. Our will and plea- * sure is, that all publick money raised, or that shall be ' raised, by any act hereafter to be made within our said * })rovince, and issued out by warrant from you, by and ' with the advice and consent of our council, and dis- ' posed of by you for the support of the government, * and otherwise ; we do hereby give you the said lord * Cornbury, full power and authority, to order and ap- ' point fairs, marts, and markets, as also such and so ' many ports, harbours, quays, havens, and other places ' for the conveniency and security of shipping, and for ' the loading and unloading of goods and merchandize, * as by you, with the advice and consent of our said ' council, shall be thought fit and necessary. And we ' do hereby require and command of all officers and magi- ' strates, civil and military, and all other the inhabitants ' of our said province, to be obedient, aiding and assist- * ing unto you the said lord Cornbury, in the execution * of this our commission, and of the powers and * authorities herein contained ; and in case of your death * or absence out of our said province, to be obedient, * aiding and assisting to such person as shall be appointed ' by us, to be our lieutenant governor or commander ' in chief of the said province, to whom we do there- * fore by these presents, give and grant all and siugu- ^ lar the privileges and authorities aforesaid, to be by * him executed and enjoyed during our pleasure, or until * your arrival within our said province: And if upon ^ your death or absence out of our said province, there ' be no person upon the place commissionated or ap- ' pointed by us to be our lieutenant governor, or com- ' mander in chief of the said province ; our will and * pleasure is, that the then present council of our said ' province, do take upon them the administration of the 'government, and execute this commission, and the * several 230 The history A. D. 1702. ' several powers and authorities herein contained, and * that such councellor who shall be at the time of your ' death or absence, residing within our said province, * and nominated by our instructions to you, before any ' other at that time residing tliere, do preside in our said ' council, with such privileges and preheminences as may * be necessary in those circumstances, for the due and ' orderly carrying on the' pubiick service in the admi- * nistratiou of the government as aforesaid, until our ' pleasure be further known, or until your return. * Lastly, we do hereby declare, ordain and appoint, * that you the said lord Cornbury, shall and may hold, ' execute and enjoy the otlice and place of captain ' general and governor in chief, in and over our pro- * viuce of Nova-Ciesaria, or Xew-Jersey, together ' with all and singular the powers and authorities hereby * granted unto you, for and during our will and plea- * sure, from and after the publication of this our Com- ' mission. In witness whereof we have caused these * our letters to be made patents: Witness ourself at * Westminster, the fifth day of December, in the first * year of our reign. CHAP. XIII. Lord Corn bury's in- BtructioDS. Instructions Jrom Queen Anne to Lord Cornbury. ' Instructions for our right trusty and well beloved * Edward lord Cornbury, our captain general and * governor in chief, in and over our province of ' Nova-Csesaria, or New- Jersey, in America. Given ' at our court at St. James's, the sixteenth day of * November, 1702, in the first year of our reign. ' 1 "T X TITH these our instructions you will receive V V our commission under our great seal of * England, constituting you our cajitain general and go- * vernor in chief of our province of New-Jersey. ' 2. You Of NEW-JERSEY. 231 ' 2. You are with all convenient speed to repair to A. D. * our said province, and being there arrived, you are * to take upon you the execution of the place and trust * we have reposed in you, and forthwith to call together * the following persons, whom we do by these presents * appoint and constitute members of our council in ^ and for that province, viz. Edward Hunloke, Lewis ■^ Morris, Andrew Bowne, Samuel Jenings, Thomas * Revell, Francis Davenport, William Pinhorne, Sa- * muel Leonard, George Deacon, Samuel Walker, ^ Daniel Leeds, William Sandford, and Robert * Quarry ,<• esquires. 3. And you are with all due solemnity, to cause * our said commission under our great seal of England, * constituting you our captain general and governor * in chief as aforesaid, to be read and published at * the said meeting of our council, and to cause pro- * clamation to be made in the several most publick ^ places of our said province, of your being constituted * by us our captain general and governor in chief as * aforesaid. ' 4. Which being done, you shall yourself take, and * also administer to each of the members of our said ^ council so appointed by us, the oaths appointed by act •* of parliament to be taken instead of the oaths of alle- ^ giance and supremacy, and the oath mentioned in * an act, entitled. An act to declare the alteration in the * oath appointed to be taken by the act, entitled, An act 'for the further security of his majesty's person, and the * succession of the crown in the protestant line, and for * extinguishing the hopes of the pretended prince of ' Wales, and all other pretenders, and their open and secret ' abettors, and for declaring the association to be deter- ' mined ; as also the test mentioned in an act of par- ' 1 lament t. Quarry was said to be of the council for five governments at one time, viz. New-York, New-Jersey, Pennsylvania, Maryland, and Virginia; he died about the year 1712. Beverly in his history of Virginia, p. 92, 96, 97, represents him as joining with Nichol- son, the then governor of that colony, in unfavourable represen- tations against the colonies. 232 The history ' liament made in the twenty fifth year of the reign of * king: Charleys the second, entitled, An act for pre- ' venting dangers which may happen from popish recu- * sants ; together with an oath for the due execution of ' your and their places and trusts, as well with regard * to the equal and impartial administration of justice ' in all causes that shall come before you, as otherwise^ ' and likewise the oath required to be taken by gover- ' nors of plantations, to do their utmost, that the laws * relating to the plantations be observed. ' 5. You are forthwith to communicate unto our said 'council, such and so many of these our instructions, ' wherein their advice and consent are mentioned to be * requisite, as likewise all such otiiers from time to ' time, as you shall find convenient for our service to ' be imparted to them. ' 6. And whereas the inhabitants of our said pro- ' vince have of late years been unhappily divided, and ' by their enmity to each other, our service and their ' own welfare has been very much obstructed ; you are ' therefore in the execution of our commission, to * avoid the engaging yourself in the parties which have * been form'd amongst them, and to use such impartia- * lity and moderation to all, as may best conduce to our * service, and the good of the colony. ' 7. You are to permit the members of our said ' council, to have and enjoy freedom of debate and * vote, in all affairs of publick concern, that may be ' debated in council. * 8. And altho' by our commission aforesaid, we ' have thought fit to direct that any three of our coun- * cellors make a quorum, it is nevertheless our will * and pleasure, that you do not act with a quorum of * less than five members, except in case of necessity. ' 9. And that we may be always informed of the ' names and characters of persons fit to supply the va- * cancies which shall happen in our said council, you ' are to transmit unto us, by one of our principal secre- * tary's of state, and to our commissioners for trade and * plantations, with all convenient speed, the names and ' characters. Of NEW-JERSEY. 233 * characters of six persons, inhabitants of the eastern A. D. ' division, and six other persons inhabitants of the ' western division of our said province, whom you shall * esteem the best qualified for that trust ; and so from * time to time when any of them shall die, depart out ' of our said province, or become otherwise unfit, you ' are to nominate unto us so many other persons in * their stead, that the list of twelve persons fit to supply ' the said vacancies, viz. six out of the east, and six out * of the west division, as aforesaid, may be always ' compleat. ' 10. You are from time to time to send to us as ' aforesaid, and to our commissioners for trade and ' plantations, the names and qualities of any members ' by you put into our said council, by the first conve- * niency after your so doing. '11. And in the choice and nomination of the ' members of our said council, as also of the principal ' officers, judges, assistants, justices and sheriffs, you ' are always to take care that they be men of good * life, and well affected to our government, of good * estates and abilities, and not necessitous people or * much in debt. * 12. You are neither to augment nor diminish the ' number of our said council, as it is hereby established, * nor to suspend any of the present members thereof ' without good and sufficient cause : And in case of 'suspension of any of them, you are to cause your * reasons for so doing, together with the charges and ' proofs against the said persons, and their answers * thereunto (unless you have some extraordinary reason * to the contrary) to be duly entered upon the council * books ; and you are forthwith to transmit the same, ' together with your reasons for not entering them ' upon the council books, (in case you do not enter ' them) unto us and to our commissioners for trade and * plantations as aforesaid. * 13. You are to signify our pleasure unto the mem- * hers of our said council, that if any of them shall at *any time hereafter absent themselves, and continue ' absent 234 The HISTORY A. D. ' absent above the space of two months together from 1702. i Q^j, gg^j^i province without leave from you, or from our ' governor or commander in chief of our said province, ' for the time being, first obtained ; or shall remain * absent for the space of two years, or the greater part ' thereof successively, without our leave given them * under our royal sign manual ; their place or places in ' our said council, shall immediately thereupon become * void, and that we will forthwith appoint others in * their stead. ' 14. And in order to the better consolidating and ' incorporating the two divisions of East and West * New-Jersey, into and under one government, our will * and pleasure is, that with all convenient speed, you call * together one general assembly for the enacting of laws 'for the joint and mutual good of the whole; and that ' the said general assembly do sit in the first place at * Perth- Am boy, in East New- Jersey, and afterwards * the same, or other the next general assembly, at Bur- ' lington, in West New-Jersey ; and that all future * general assemblies do set at one or the otiier of those * places alternately, or (in cases of extraordinary neces- * sity) according as you with the advice of our foresaid * council, shall think to ap})oint them. ' 15. And our further will and pleasure is, that the ' general assembly so to be called, do consist of four and * twenty representatives, Avho are to be chosen in the * manner following, viz. two by the inhabitants house- * holders of the city or town of Perth-Amboy, in East * New-Jersey ; two by the inhabitants householders of ' the city and town of Burlington in West New-Jersey ; * ten by the freeholders of East New-Jersey, and ten ' by the freeholders of West New-Jersey ; and that no * person shall be capable of being elected a representa- * tive by the freeholders of either division, or after- * wards of sitting in general assemblies, who shall not * have one thousand acres of land, of an estate of * freehold, in his own right, within the division for * which he shall be chosen ; and that no freeholder shall * be capable of voting in the election of such represen- ' tative Gf new-jersey. 235 * tative, who shall not liave one hundred acres of land A. D. "* of an estate of freehold in his own right, within the ^T^^ ■* division for which he shall so vote : And that this ^ number of representatives shall not be enlarged or ^ diminished, or the manner of electing them altered, ■* otherwise than by and act or acts of the general assem- ^ bly there, and confirmed by the approbation of us, ■* our heirs and successors."- '16. You u. This clause was soon altered as follows : 'Anne R. 'Additional instructions to uur riglit trusty and well beloved Edward 'lord Cornbury, our captain general and governor in cliief, in 'and over our province of Nova-Csesaria, or New-Jersey, in 'America: Given at our court of St. James's, the third of May ' 1705, in the fourth year of our reign. ' Whereas by a clause in our general instructions to yon, for 'the government of our province of New-Jersey, the representa- 'tivesforthe general assembly of that province are appointed to 'be chosen as follows, viz. two by the inhabitants house holder? 'of the city or town of Pertli-Amboy, in East New-Jersey ; two * by the inhabitants house holders of the city and town of Burlington, 'in West New-Jersey; ten by the freeholders of East New-Jersey, 'and ten by the freeholders of West New-Jersey: And it having 'been represented to us by you our governor, that several inconveni- ' encies have arisen from the aforesaid manner of chusing representa- 'tives; it is our will and pleasure, and you are accordingly to make 'the same known in the most publick manner, that the method for 'chusing representatives for the future be as follows, viz. two by 'the inhabitants house holders of the city or town of Perth-Amboy, ' in East New-Jersey, and two by the freeholders of each ol the 'five counties of the said division of East New- Jersey ; two by the 'inhabitants housholders for the city or town of Burlington, in ' West New-Jersey ; two by the inhabitants householders of the town 'of Salem, in the said division, and two by the freeholders of each 'of the four counties in the said division of West New- Jersey ; ' which persons so to be chosen make up together the number of 'twenty four representatives, as limited by our former instructions. 'And it is our further will and pleasure, that no person shall be 'capable of being elected a representative by the freeholders of 'either division as aforesaid, or afterwards of sitting in general 'assemblies, who shall not have one thousand acres of land of an 'estate of freehold in his own right, within the division for which 'he shall be chosen, or personal estate in money, goods or chattels, 'to the value of five hundred pounds sterling; and all inhabitants ' of our said province being so qualified as aforesaid, are hereby de- "' Glared capable of being elected accordingly : And it is likewise our ' pleasure 236 The HISTOEY A. D. 1702. ' 16. You are with all convenient speed to cause a 'collection to be made of all the laws, orders, rules, ' or such as have hitherto served or been reputed as laws ' amongst the inhabitants of our said province of Nova- ' Cfesaria, or New-Jersey, and, together with our afore- ' said council and assembly, you are to revise, correct, ' and amend the same, as may be necessary ; and accord- ' ingly to enact such and so many of them, as by you ' with the advice of our said council and assembly, shall ' be judged proper and conducive to our service, and ' the welfare of our said province, that they may be ' transmitted unto us, in authentic form, for our appro- ' bation or disallowance. ' 17. You are to observe in the passing of the said ' laws, and of all other laws, that the stile enacting the ' same, be by the governor, council and assembly, and ' no other. ' 18. You are also as much as possible to observe, in ' the passing of all laws, that whatever may be requisite ' upon 'pleasure, that no freeholder shall be capable of voting in the 'election of such representatives, who shall not have one liundred 'acres of land of an estate of freehold in his own right, within 'the county for which he shall so vote, or a personal estate in 'money, goods or chattels, to the value of fifty pounds sterling; 'and all freeholders in our said province being so qualified as afore- 'said, are hereby declared capable of voting in the election of 'ref)resentatives ; which number of representatives shall not be 'enlarged or diminished, or the manner of electing them thereby 'directed, altered there, otherwise than by an act or acts of the 'general assembly, to be confirmed by the approbation of us, our 'heirs and successors. And whereas it may be inconvenient, that 'the governor and lieutenant governor of our said province of New- * Jersey, for both of tliera to be absent from thence at the same ' time ; it is our will and pleasure, that as soon as the general assem- *ble of our said province shall have provided a house, and our 'lieutenant governor with a convenient room for the meeting of 'our council, and settled convenient salaries, which you are in our 'name to press them to do, that either you or our lieutenant 'governor, do constantly reside in our said province, and that you 'be not both absent at the same time: It is likewise our will and 'pleasure, that no fees be exacted or taken by anv of the officers 'under you, for the grants of lands made by the agents of the 'proprietors; and the said agents are to deliver to yon in council, 'duplicates of all such grants to be registered in our council books. OfNEW -JERSEY. 237 * upon each different matter, be accordingly provided A. D. * for by a different law, without intermixing in one 1702. ' and the same act, such things as have no proper rela- * tion to each other ; and you are especially to take care * that no clause or clauses be inserted in, or annexed to ' any act, which shall be foreign to what the title of ' such respective act imports. ' 19. You are to transmit authentic copies of the ' forementioned laws that shall be enacted, and of all ' laws, statutes, and ordinances, which shall at any time ' hereafter be made or enacted within our said province, ' each of them separately, under the publick seal, * unto us, and to our said commissioners for trade and * plantations, within three months or by the first oppor- * tunity after their being enacted, together with dupli- ' cates thereof by the next conveyance, upon pain of ' our high displeasure, and of the forfeiture of that ' year's salary, wherein you shall at any time, or upon * any pretence whatsoever, omit to send over the said * laws, statutes and ordinances as aforesaid, within the ' time above limited, as also of such other penalty as ' we shall please to inflict. But if it shall happen, that ' during time of war, no shipping shall come from our ' said province, or other our adjacent or neighbouring ' plantations, within three months after the making ' such laws, statutes, and ordinances, whereby the same ' may be transmitted as aforesaid, then the said laws, ' statutes and ordinances are to be so transmitted as ' aforesaid, by the next conveyance after the making ' thereof whenever it may happen, for our approbation ' or disallowance of the same. ' 20. You are to take care, that in all acts or orders ' to be passed within that our province in any case for * levying money or imposing fines and penalties, ex- ^ press mention be made that the same is granted or ' reserved tojas, our heirs or successors, for the publick ' uses of that our province, and the support of the ' government thereof, as by the said act or orders shall * be directed. '21. And 238 The history A. D. 1702. ' 21. And we do particularly require and command, ' that no money, or value of money whatsoever, be * given or granted by any act or order of assembly, to * any governor, lieutenant governor, or commander * in chief of our said province, which shall not accord- ' ing to the stile of acts of parliament in England, be ' mentioned to be given and granted unto us, with the * humble desire of such assembly, that the same be ' applied to the use and behoof of such governor, lieu- ' tenant governor, or commander in chief, if we shall * so think fit; or if we shall not approve of such gift or ' application, that the said money or value of money, ' be then disposed of and appropriated to such other * uses as in the said act or order shall be mentioned ; and ' that from the time the same shall be raised, it remain ' in the hands of the receiver of our said province until * our royal pleasure shall be known therein. ' 22. You shall also propose with the said general * assembly, and use your utmost endeavours with them, * that an act be passed for raising and settling a publick * revenue for defraying the necessary charge of * the * government of our said province, in which provision * be particularly made for a competent salary to your- ' self, as captain general and governor in chief of our * said province, and to other our succeeding captain * generals, for supporting the dignity of the said office, * as likewise due provision for the Salaries of the respec- ' tive members of our council and assembly, and of ' all other officers necessary for the administration of ' that government. * 23. Whereas it is not reasonable that any of our ' colonies or plantations should by virtue of any exemp- ' tions or other privileges whatsoever, be allowed to ^ seek and pursue their own particular advantages, by * methods tending to undermine and prejudice our * other colonies and plantations, which have equal title ' to our royal care ; and whereas the trade and welfare * of our province of New- York, would be greatly * prejudiced, if not entirely ruined, by allowing unto *the inhabitants of Nova-Ceesaria, or New-Jersey, 'any Of NEW-JERSEY. 23& ' any exemption from those charges, which the inha- A. D. ' bitants of New-York are liable to; you are therefore ^^^"' 'in the settling of a public revenue as before directed, *to propose to the assembly, that such customs, duties 'and other impositions be laid upon all commodities ' imported or exported in or out of our said province 'of Nova-Caesaria, or New Jersey, as may equal the 'charge that is or shall be laid upon the like commo- ' dities in our province of New- York. ' 2-4. And whereas we are willing in the best manner ' to provide for the support of the government of our 'said province, by setting apart sufficient allowances to ' such as shall be our governor or commander in chief, ' residing for the time being within the same ; our will ' and pleasure therefore is, that when it shall happen^ ' that you shall be absent from the territories of New- ' Jersey and New- York, of which we have appointed 'you governor, one full moiety of the salary and of all 'perquisites and emoluments whatsoever, which would 'otherwise become due unto you, shall, during the ' time of your absence from the said territories, be paid 'and satisfied unto such governor or commander in 'chief who shall be resident upon the place for the ' time being, which we do hereby order and allot unto ' him towards his maintenance, and for the better sup- ' port of the dignity of that our government. ' 25. Whereas great prejudice may happen to our 'service and the security of our said province under 'your government by your absence from those parts, ' without a sufficient cause and especial leave from us ; ' for prevention thereof, you are not upon any pretence 'whatsoever, to come to Europe from your govern- ' ment, without first having obtained leave for so 'doing, under our signet and sign manual, or by our ' order in our privy council. ' 26. You are not to permit any clause whatsoever to ' be inserted in any law for the levying money, or the ' value of money, whereby the same shall not be made 'liable to be accounted for unto us here in England, ' and to our high treasurer, or to our comraissionei'S of * our treasury for the time being. ' 27. You 240 The history A. D. 1702. ' 27. You are to take care that fair books of accounts of all receipts and payments of all such money be duly kept, and the truth thereof attested upon oath, and that the said books be transmitted every half year or oftner, to our high treasurer, or to our commis- sioners of our treasury for the time being, and to our commissioners for trade and plantations, and duplicates thereof by the next conveyance ; in which books shall be specified every particular sum raised or disposed of, tx)gether with the names of the persons to whom any payment shall be made, to the end we may be satis- fied of the right and due application of the revenue of our said province. * 28. You are not to suffer any publick money what- soever, to be issued or disposed of otherwise thai\ by warrant under your hand, by and with the advice and consent of our said council ; but the assembly may be nevertheless permitted from time to time to view and examine the accounts of money, or value of money disposed of by virtue of laws made by them, which you are to signify unto them as there shall be occasion. ' 29. And it is our express will and pleasure, that no law for raising any imposition of wines or other strong liquors, be made to continue for less than one whole year ; as also that all laws whatsoever for the good government and support of our said province, be made indefinite, and without limitation of time, except the same be for a temporary end, which shall expire and have its full effect within a certain time. ' 30. And therefore you shall not re-enact any law which shall have been once enacted there by you, except upon very urgent occasions, but in no case more than once without our express consent. '31. You shall not permit any act or order to pass in our said province, whereby the price or value of the current coin within your government, (whether it be foreign or belonging to our dominions) may be altered, without our particular leave or direction for the same. '32. And Of new-jersey. 241 ' 32, And you are particularly not to pass any law A, D. or do any act, by grant, settlement, or otherwise, whereby our revenue, after it shall be settled, may be lessened or impaired, without our especial leave or commands therein. ' 33. You shall not remit any fines or forfeitures whatsoever, above the sum of ten pounds, nor dis- pose of any escheats, fines or forfeitures whatsoever, until, upon signifying unto our high treasurer, or to our commissioners of our treasury for the time being, and to our commissioners for trade and plantations, the nature of the oifence and the occasion of such fines, forfeitures, or escheats, with the particular sums or value thereof, (which you are to do with all speed) you shall have received our directions therein ; but you may in the mean time suspend the payment of the said fines and forfeitures. ' 34. You are to require the secretary of our said province, or his deputy for the time being, to furnish you with transcripts of all such acts and publiclc orders as shall be made from time to time, together with a copy of the journals of the council, to the end the same may be transmitted unto us, and to our com- missioners for trade and plantations as above directed, which he is duly to perform, upon pain of incurring the forfeiture of his place. ' 35. You are also to require from the clerk of the assembly, or other proper officer, transcripts of all the journals and other proceedings of the said assem- bly, to the end the same may in like manner be trans- mitted as aforesaid. ' 36. Our will and pleasure is, that for the better quieting the minds of our good subjects, inhabitants of our said province, and for settling the properties and possessions of all persons concerned therein, either as general proprietors of the soil under the first origi- nal grant of the said province, made by the late king Charles the second, to the late duke of York, or as particular purchasers of any parcels of land from the said general proprietors, you shall propose to the Q ' general 242 The history ' general assembly of our said province, the passing of * such act or acts, whereby the right and property of ' the said general proprietors, to the soil of our said * province, may be confirmed to them, according to ' their respective rights and title ; together with all such * quit-rents as have been reserved, or are or shall * become due to the said general proprietors, from the ' inhabitants of our said province ; and all such jirivi- * leges as are express'd in the conveyances made by the * said duke of York, excepting only the right of * government, which remains in us : And you are ' further to take care, that by the said act or acts so to ' be passed, the particular titles and estates of all the ' inhabitants of that 'province, and other purchasers * claiming under the said general proprietors, be con- ' firmed and settled as of right does appertain, under ' such obligations as shall tend to the best and speediest ' improvement or cultivation of the same. Provided * ALWAYS, that you do not consent to any act or acts, * to lay any tax upon lands that lie unprofitable. ' 37. You shall not permit any other person or ' persons besides the said general proprietors, or their ' agents, to purchase any land whatsoever from the ' Indians within the limits of their grant. ' 38. You are to permit the surveyors and other persons ' appointed by the forementioned general proprietors of * the soil of that province, for surveying and recording * the surveys of land granted by and held of them, to ' execute accordingly their respective trusts : And you * are likewise to permit, and if need be, aid and assist ' such other agent or agents, as shall be appointed by ' the said proprietors for that end, to collect and receive * the quit-rents w^hich are or shall be due unto them, * from the particular possessors of any parcels or tracts * of land from time to time. Provided always, * that such surveyors, agents or other officers ajipolnted ' by the said general proprietors, do not only take ' proper oaths for the due execution and performance * of their respective offices or employments, and give * good and sufficient securitv for their so doing, but that ' they Of new-jersey. 243 * they likewise take tlie oaths appointed by act of par- A. D. * 1 lament to be taken instead of the oaths of allegiance ^^^'^* ' and supremacy, and the oath mentioned in the afore- ' said act, entitled, An act to declare the alteration in the ' oath appointed to be taken by the act, entitled, An act 'for the further security of his majesty's person and the * succession of the crown in the protestant line, and for ' extinguishing the hopes of the pretended prince of Wales, ' and all other pretenders, and their open and secret ' abettors, and for declaring the association to be deter- ' mined ; as also the forementioned test. And you are ' more particularly to take care that all lands purchased ' from the said proprietors, be cultivated and improved ' by the possessors thereof. ' 39. You shall transmit unto us, and to our com- ' missioners for trade and plantations, by the first oppor- ' tunity, a map with the exact description of our whole * territory under your government, and of the several ' plantations that are upon it. ' 40. You are likewise to send a list of officers 'employed under your government, together with all ' publick charges. ' 41. You shall not displace any of the judges, 'justices, sheriffs, or other officers or ministers within ' our said province, without good and sufficient cause to ' be signified unto us, and to our said commissioners for ' trade and plantations ; and to prevent arbitrary remo- ' val of judges and justices of the peace, you shall not ' express any limitation o^ time in the commissions * which you are to grant, with the advice and consent * of the council of our said province, to persons fit for ' those employments, nor shall you execute yourself, ' or by deputy, any of the said offices, nor suffer any ' persons to execute more offices than one by deputy. ' 42. Whereas we are given to understand, that ' there are several offices within our said province ' granted under the great seal of England, and that our ' service may be very much prejudiced by reason of the ' absence of the patentees, and by their appointing ' deputies not fit to officiate in their stead ; you are ' therefore 244 The history A. D. 1702. * therefore to inspect the said offices, and to inquire into ' the capacity and behaviour of the persons now exer- * cising them, and to report thereupon to us, and to * our commissioners, for trade and plantations, what ' you think fit to be done or altered in relation there- * unto ; and you are upon the misbehaviour of any of ' the said patentees, or their deputies, to suspend them ^ from the execution of their places, till you shall have * represented the whole matter and received our directi- * ons therein ; but you shall not by colour of any power ^ or authority hereby or otherwise granted or mentioned ^ to be granted unto you, take upon you to give, grant * or dispose of any office or place within our said pro- ' vince, which now is or shall be granted under the ^ great seal of England, any further than that you may ■* upon the vacancy of any such office or place, or sus- * pension of any such officer by you as aforesaid, put ' in any fit person to officiate in the interval till you * shall have represented the matter unto us, and to our ^ commissioners for trade and plantations as aforesaid, ^ (which you are to do by the first opportunity) and ^ till the said office or place be disposed of by us, oui ' heirs or successors, under the great seal of England, * or that our further directions be given therein. ' 43. In case any goods, money, or other estate of * pirates, or piratically taken, shall be brought in, or * found within our said province of Nova-Csesaria, or * New-Jersey, or taken on board any ships or vessels, ' you are to cause the same to be seized and secured * until you shall have given us an account thereof, and * received our pleasure concerning the disposal of the * same : But in case such goods or any part of them are 'perishable, the same shall be publickly sold and dis- ' posed of, and the produce thereof in like manner ' secured until our further order. ' 44. And whereas commissions have been granted ^ unto several persons in our respective plantations in America, for the trying of pirates in those parts pur- ^ suant to the act for the more effectual suppression of ^ piracy, and by a commission already sent to our pro- ' vince OfNEW-JEESEY. 245 vince of New- York, you (as captain general and -A; ^• governor in chief of our said province of New- York) ' are empowered, together with others therein menti- oned, to proceed accordingly in reference to our pro- vinces of New- York, New Jersey, and Connecticut; our will and pleasure is, that in all matters relating to pirates, you govern yourself according to the intent of the act and commission aforementioned; but whereas accessaries in cases of piracy beyond the seas, are by the same act left to be tried in England, according to the statute of the second of king Henry the eighth, we do hereby further direct and require you to send all such accessaries in cases of piracy in our aforesaid province of Nova-Csesaria or New- Jersey, with the proper evidences that you may have against them, into England, in order to their being tried here. * 45. You shall not erect any court or office of judi- cature, not before erected or established, without our especial order. ' 46. You are to transmit unto us and to our com- missioners for trade and plantations, with all conve- nient speed, a particular account of all establishments of jurisdictions, courts, offices, and officers, powers, authorities, fees and privileges, which shall be granted or settled within the said province, by virtue and in pursuance of our commission and instructions to you our captain general and governor in chief of the same, to the end you may receive our further direction therein. ' 47. And you are with the advice and consent of our said council, to take especial care to regulate all salaries and fees belonging to places, or paid upon emergencies, that they be within the bounds of mode- ration, and that no exaction be made on any occasion whatsoever; as also, that tables of all fees be pub- lickly hung up in all places where such fees are to be paid ; and you are to transmit copies of all such tables of fees to us, and to our commissioners for trade and plantations as aforesaid. '48. Whereas 246 The history A. D. 1702. ' 48. Whereas it is necessary that our rights and dues be preserved and recovered, and that speedy and effectual justice be administered in all cases relating to our revenue, you are to take care, that a court of exchequer be called and do meet at all such times as shall be needful, and you are to inform us and our commissioners for trade and plantations, whether our service may require that a constant court of exchequer be settled and established there. * 49. You are to take care that no man's life, mem- ber, freehold, or goods be taken away or harmed in our said province, otherwise than by established and known laws, not repugnant to, but as much as may be, agreeable to the laws of England. ' 50. You shall administer, or cause to be admini- stred, the oaths appointed by act of parliament to be taken instead of the oaths of allegiance and supremacy, and the oath mentioned in the aforesaid act, entitled, An act to declare the alteration in the oath appointed to he taken by the act, entitled, An act for the further security of his majesty's person, and (he succession of the crown in the protestant line, and for extinguishing the hopes of the pretended prince of Wales, and all other pretenders, and their open and seo^et abettors, and for declaring the association to be determined ; as also the foreraentioned test, to the members and officers of the council and assembly, and to all judges, justices, and all other persons that hold any office or place of trust or profit in the said province, whether by virtue of any patent under our great seal of England, or otherwise, without which you are not to admit any person whatsoever into any publick office, nor suffer those who have been admitted formerly to continue therein. * 51. You are to permit a liberty of conscience to all persons (except papists) so they may be contented with a quiet and peaceable enjoyment of the same, not giving offence or scandal to the government. ' 52. And whereas we have been informed, that 'divers of our good subjects inhabiting those parts, 'do Of new-jersey. 247 ■* do make a religious scruple of swearing, and by reason A. D. ^ of their refusing to take an oath in courts of justice 1702. * and other places, are or may be liable to many incon- ' veniencies ; our will and pleasure is, that in order to * their ease in what they conceive to be matter of con- ' science, so far as may be consistent with good order * and government, you take care, that an act be passed * in the general assembly of our said province, to the * like effect as that passed here in the seventh and eighth ' years of his majesty's reign, entitled. An act, that ' the solemn affirmation and declaration of the people ' called Quakers, shall be accepted, instead of an oath in ' the usual form, and that the same be transmitted to * us, and to our commissioners for trade and plantations ' as before directed. ' 53. And whereas we have been further informed, ' that in the first settlement of the government of our ' said province, it may so happen, that the number of ' inhabitants fitly qualified to serve in our council in * the general assembly, and in other places of trust or * profit there, will be but small ; it is therefore our will ^ and pleasure, that such of the said people called * quakers, as shall be found capable of any of 'those * places or employments, and accordingly be elected or * appointed to serve therein, may upon their taking * and signing the declaration of allegiance, to us in the * form used by the same people here in England, toge- * ther with a solemn declaration for true discharge of * their respective trusts, be admitted by you into any * of the said places or employments. ' 54. You shall send an account unto us, and to our * commissioners for trade and plantations, of the pre- * sent number of planters and inhabitants, men women ' and children, as well masters as servants, free and * unfree, and of the slaves in our said province, as ' also a yearly account of the increase or decrease of * them, and how many of them are fit to bear arms in ' the militia of our said province. ' 55. You shall also cause an account to be kept of ''all persons born, christened and buried, and you ' shall 248 The history shall yearly send fair abstracts thereof to us, and to our commissioners for trade and plantations as aforesaid. * 56. You shall take care, that all planters and chri- stian servants, be well and fitly provided with arms, and that they be listed under good officers, and when and as often as shall be thought fit, mustered and trained, whereby they may be in a better readiness for the defence of our said province under your government ; and you are to endeavour to get an act pass'd, (if not already done) for apportioning the number of white servants to be kept by every planter. ' 57. You are to take especial care, that neither the frequency, nor unreasonableness of their marches,, musters and trainings, be an unnecessary impediment to the affairs of the inhabitants. ' 58. You shall not, upon any occasion whatsoever, establish, or put in execution, any articles of war, or other law martial, upon any of our subjects, inha- bitants of our said province, without the advice and consent of our council there. * 59. And whereas there is your commission, to execute peace upon soldiers in pay, may be necessary that some care no power given you by martial law in time of and that nevertheless it be taken for the keeping of good discipline amongst those, that we may at any time think fit to send into our said pro- vince, (which may pro]>erly be provided for by the legislative power of the same) you are therefore ta recommend to the general assembly of our said pro- vince, that they prepare such act or law for the punish- ing of mutiny, desertion and false musters and for the better preserving of good discipline amongst the said soldiers, as may best answer those ends. ' 60. And whereas upon complaints that have been made of the irregular proceedings of the captains of some of our ships of war, in the pressing of seamen in several of our plantations ; we have thought fit to order, and have given directions to our high admiral accordingly, that when any captain or commander of any of our ships of war, in any of our said plan- ' tations- OfNEW-JERSEY. 249 * tations, shall have occasion for seamen, to serve on A. D. ^ board our ships under their command, they do make ^'O'z, ' their applications to the governors, and commanders * in chief of our plantations respectively, to whom * as vice admirals, we are pleased to commit the sole ' power of impressing seamen in any of our plan- * tations in America, or in' sight of any of them, you ' are therefore hereby required upon such application ' made to you, by any of the commanders of our •'said ships of war within our province of Nova-Cse- ' saria, or New-Jersey, to take care that our said ships ' of war, be furnished with a number of seamen that ' may be necessary for our service on board them from ' time to time. '61. And whereas together with other powers of * vice admiralty, you will receive authority from our ' dearest husband prince George of Denmark, our ' high admiral of England, and of our plantations^ ' upon the refusal or neglect of any captain or com- ' mander of any of our ships of war, to execute the ' written orders he shall receive from you for our ser- * vice, and the service of our province under your ' government, or upon his negligent or undue execu- * tion thereof, to suspend him, such captain or com- ' mander from the exercise of his said office of captaia * or commander, and to commit him into safe custody ' either on board his own ship or elsewhere, at your ' discretion, in order to his being brought to answer for * such refusal or neglect, by commission either under ' our great seal of England, or from our high admiral, ' or our commissioners for executing the office of our * high admiral of England for the time being. ' 62. And whereas you will likewise receive direc- ' tions from our said dearest husband, as our high admi- * ral of England, and of our plantations, that the cap- ' tain or commander, so by you suspended, shall during 'such his suspension and commitment, be succeeded in ' his said office by such commission or warrant officer ' of our said ship, appointed by our said high admiral ' of England, or bv our commissioners for executing ' the 250 The history A. D. 1702. ' the office of our high admiral of England for the time * being, as by the known practice and discipline of ' our navy, does and ought to succeed him next as in * case of death, sickness, or other ordinary disability ' happening to the commander of any of our ships of * war and not otherwise, you standing also accountable ' for the truth and importance of the crime and mis- * demeanor, for which you shall so proceed to the sus- ' pending of such our captain or commander ; you are 'not to exercise the said power of suspending any such ' captains or commanders of our ships of war, other- ' wise than by virtue of such commission or authority ' from our said high admiral ; any former custom or * usage to the contrary notwithstanding. ' 63. Whereas it is absolutely necessary, that we be * exactly informed of the state of defence of all our ' plantations in America, as Avell in relation to the ' stores of war that are in each plantation, as to the ' forts and fortifications there, and what more may be * necessary to be built for the defence and security of * the same ; you are so soon as possible, to prepare an ' account thereof, with relation to our said province ' of Nova-Csesaria, or New- Jersey, in the most par- ' ticular manner, and you are therein to express the * present state of the arms, ammunition, and other * stores of war, either in any publick magazines, or * in the hands of private persons, together with the * state of all places either already fortified, or that *you judge necessary to be fortified for the security of ' our said province ; and you are to ti'ansmit the said ^account to us, and to our commissioners for trade *and plantations by the first opportunity, and other ' like accounts yearly in the same manner. ' 64. And that we may be the better informed of * the trade of our said province, you are to take espe- ' cial care, that due entries be made in all ports in our * said province of all goods and commodittes, their ' species or quantities imported or exported from thence, ' with the names, burden, and guns of all ships im- ^ porting and exporting the same, also the names of ' their OfNEW-JEESEY. 251 'their commanders, and likewise expressing from and A. D. ' to what places the said ships do come and go, a copy ^'^^■^' ' Avhereof the naval officer is to furnish you with, and ' you are to transmit the same unto us, or our high trea- ' surer, or our commissioners of our treasury for the ' time being, and to our commissioners for trade and * plantations quarterly, and duplicates thereof by the ' next conveyance. ' 65. And whereas great losses have been sustained ^ by our subjects, trading to our plantations in America, ' by ships sailing from those [)arts without covoy, or ' without the company of other ships, which might ' protect them from our enemies, by which means ' many of them have been taken by the French in their * return to England ; to the end therefore the ships of * our subjects may be the better secured iu their return ' home, you are to take care that during this time of ' war, no ships trading to our province of Nova-Cse- ' saria, or New Jersey, be permitted to come from * thence to England, but iu fleets, or under the convoy * or protection of some of our ships of war, or at such * a time as you shall receive notice from hence, of their ' meeting such convoys, as may be appointed for the ' bringing them safe to some of our ports in this king- ' dom ; and in case of any danger, you are to expect ^directions from hence, what precautions shall be ' further necessary for their security. ' 66. You are likewise to examine what rates and 'duties are charged and payable upon any goods im- * ported or exported within our province of Nova- ' Csesaria, or New-Jersey, whether of the growth or * manufacture of the said province or otherwise, and * to use your best endeavours for the improvement of * the trade in those parts. ' 67. And whereas orders have been given for the ' commissionating of fit persons to be officers of our * admiralty and customs in our several plantations in * America ; and it is of great importance to the trade * of this kingdom, and to the welfare of all our plan- * tations, that illegal trade be every where discouraged. 'You 252 The history A. D. 1702. ' You are therefore to take especial care, that the acts- ' of trade and navigation be duly put in execution ; 'and in order thereunto, you are to give constant pro- ' tection and all due encouragement to the said officers ' of our admiralty and customs, in the execution of ' their respective offices and trusts within our territories * under your government. ' 68. You are from time to time to give an account 'as before direct(;d, what strength your bordering ' neighbours have, be they Indians or others, by sea ' and land, and of the condition of their plantations, ' and what correspondence you do keep with them. ' 69. You shall take especial care, that God Al- ' mighty be devoutly and duly served throughout your ' government, the book of common prayer as by law ' established, read each sunday, and holy-day, and the ' blessed sacrament administered according to the rites ' of the church of England. ' 70. You shall be careful that the churches already ' built there, be well and orderly kept, and that more ' be built, as the colony shall by God's blessing be * improved ; and that besides a competent maintenance ' to be assigned to the minister of each orthodox church, 'a convenient house be built at the common charge 'for each minister, and a competent proportion of ' land assigned to him, for a glebe and exercise of his ' industry. '71. And you are to take care, that the parishes be ' so limited and settled, as you shall find most conve- ' nient for the accomplishing this good work. ' 72. You are not to prefer any minister to any eccle- ' siastical benefice in that our province, without a cer- ' tificate from the right reverend father in God the ' lord bishop of London, of his being conformable to 'the doctrine and discipline of the church of England, ' and of a good life and conversation : And if any ' person already prefer'd to a benefice, shall appear to ' you to give scandal either by his doctrine or manners, ' you are to use the best means for the removal of him, ' and to supply the vacancy in such manner as we have 'directed. '73. You OfNEW-JEESEY. 263 ' 73. You are to give order, that every orthodox A. D. minister within your government, be one of the ^^^^' vestry in his respective parish, and that no vestry be held without him, except in case of sickness, or that after the notice of a vestry summon'd, he omit to come. ' 74. You are to enquire whether there be any mini- ster within your government, who preaclies and administers the sacraments in any orthodox church or chapel, without being in due orders, and to give account thereof to the said lord bishop of London. ' 75. And to the end the ecclesiastical jurisdiction of the said lord bishop of London, may take place in our said province so far as conveniently may be, we do think fit that you give all countenance and encourage- ment to the exercise of the same, excepting only the collating to benefices, granting licences for marri- ages, and probate of wills, which we have reserved to you our governor and the commander in chief of our said province for the time being. '76. And you are to take especial care, that a table of marriages established by the cannons of the church of England, be hung up in every orthodox church, and duly observed, and you are to endeavour to get a law passed in the assembly of our said province, (if not already done) for the strict observation of the said table. ' 77. You are to take care, that drunkenness and debauchery, swearing and blasphemy, be discounte- tenanced and punished : And for the further discoun- tenance of vice, and encouragement of virtue and good living, (that by such example the infidels may be invited and desire to partake of the christian reli- gion) you are not to admit any person to publick trusts and employments in our said province under your government, whose ill fame and conversation may occasion scandal. ' 78. You are to suppress the ingrossing of commo- dities as tending to the prejudice of that freedom which commerce and trade ought to have, and to * settle 264 The history * settle such orders and regulations therein with the * advice of the council, as may be most conducive to * the benefit and improvement of that colony. ' 79. You are to give all due encouragement and * invitation to merchants and others, who shall bring * trade unto our said province, or any way contribute ' to the advantage thereof, and in particular the royal * African company of England. ' 80. And whereas we are willing to recommend * unto the said company, that the said province may * have a constant and sufficient supply of merchantable ' Negroes, at moderate rates, in money or commodi- ' ties ; so you are to take especial care, that payment ' be .luly made, and within a competent time accord- * ing to their agreements. '81. And you are to take care, that there be no * trading from our said province to any place in Africa, ' within the charter of the royal African company, ' otherwise then prescribed by an act of parliament, * entitled, An act to settle the trade to Africa. ' 82. And you are yearly to give unto us, and to our ' commissioners for trade and plantations, an account * of what number of Negroes our said province is ' yearly supplied with, and at what rates. ' 83. You are likewise from time to time, to give * unto us, and to our commissioners for trade and ' plantations as aforesaid, an account of the wants and * defects of our said province, what are the chief * products thereof, what new improvements are made * therein by the industry of the inhabitants or planters, ' and what further improvements you conceive may be * made, or advantages gained by trade, and in what * manner we may best advance the same. ' 84. You are not to grant commissions of marque *or reprisals, against any prince or state, or their ' subjects in amity with us, to any person whatsoever, * without our especial command. * 85. Our will and pleasure is, that appeals be made * in cases of error from the courts in our said province 'of Nova-Csesaria, or New-Jersey, unto you and the ' council Of new-jersey. 255 council there ; and in your absence from our said A. D. province, to our commander in chief for the time "^ * being, and our said council, in civil causes, wherein such of our said council as shall be at that time judges of the court from whence such appeal shall be made to you our governor, and council, or to the com- mander in chief for the time being, and council as aforesaid, shall not be admitted to vote upon the said appeal, but they may nevertheless be present at the hearing thereof, to give the reasons of the judg- ment given by them, in the cause wherein such appeal shall be made. Provided nevertheless, that in all such appeals, the sum or value appealed for exceed one hundred pounds sterling, and that security be first duly given by the appellant to answer such charges as shall be awarded in case the first sentence be affirmed. ' 86. And if either party shall not rest satisfied with the judgment of you, or the commander in chief for the time being, and council as aforesaid ; our will and pleasure is, that they may then appeal unto us, in our privy council, provided the sum or vahie so appealed for unto us, do exceed two hundred pounds sterling, and that such appeal be made within four- teen days after sentence ; and that good security be given by the appellant, that he will effectually pro- secute the same, and answer the condemnation, as also pay such costs and damages as shall be awarded by us, in case the sentence of you, or the commander in chief for the time being, and council, be affirmed. And provided also, that execution be not suspended by reason of any such appeal to us. ' 87. You are also to permit appeals to us in council, in all cases of fines imposed for misdemeanors; pro- vided the fines so imposed, amount to or exceed the value of two hundred pounds, the appellant first giving good security, that he will effectually prose- cute the same, and answer the condemnation, if the sentence by which such fine was imposed in our said province of Nova-Csesaria, or New-Jersey, shall be confirmed. ' 88. You 256 The history * 88. You are for the better administration of justice, to endeavour to get a law passed (if not already- done) wherein shall be set the value of men's estates, either in goods or lands, under which they shall not be capable of serving as jurors. ' 89. You shall endeavour to get a law pass'd for the restraining of any inhuman severity, which by ill masters or overseers, may be used towards their christian servants, and their slaves, and that provision be made therein, that the wilful killing of Indians and Negroes may be punished with death, and that a fit penalty be imposed for the maiming of them. ' 90. You are also with the assistance of the council and assembly, to find out the best means to facilitate and encourage the conversion of Negroes and Indians, to the christian religion. * 91. You are to endeavour with the assistance of the council to provide for the raising of stocks, and building of publick work-houses, in convenient places, for the employing of poor and indigent people. * 92. You are to propose an act to be passed in the assembly, whereby the creditors of persons becoming bankrupts in England, and having estates in our aforesaid province of New-Jersey, may be relieved and satisfied for the debts owing to them. ' 93. You are to encourage the Indians upon all occasions, so as they may apply themselves to the English trade and nation, rather than to any other of Europe. ' 94. And whereas the preservation of the northern frontiers of our province of New- York, against the attempts of any enemy by land, is of great impor- tance to the security of our other northern plantations on the continent of A^merica, and more especially of our said province of New-Jersey, which lies so near adjoining to our province of New-York, and the charge of erecting and repairing the fortifications, and of maintaining the soldiers necessary for the defence of the same, is too great to be borne by the * single Of NEW -JERSEY. 257 single province of New- York, without due contri- A. D. butions from others concerned therein, for which ^''^^'^• reason, we have upon several occasions, required such contributions to be made, and accordingly settled a quota to regulate the proportions thereof; you are therefore to take further care, to dispose the general assembly of our said province of New-Jersey, to the raising of such other supplies, as are or may be necessary for the defence of our province of New- York, according to the signification of our will and pleasure therein, which has already been made to the inhabitants of New- Jersey, or which shall at any time hereafter be made to you our governor, or to the commander in chief of our said province for the time being. * 95. And in case of any distress of any of our plantations, you shall upon application of the respec- tive governors to you, assist them with what aid the condition and safety of your government will ])ermit, and m^ore particularly in case our province of New- York, be at any time attacked by an enemy, the assistance you are to contribute towards the defence thereof, whether in men or money, is according to the forementioned quota or repartition, which has already been signified to the inhabitants of our fore- said province under your government, or according to such other regulations as we shall hereafter make in that behalf, and signify to you or the commander in chief of our said province for the time being, ' 96. And for the greater security of our province of New-Jersey, you are to appoint fit officers and commanders in the several parts of the country bor- dering upon the Indians, who upon any invasion may raise men and arms to oppose them, until they shall receive your directions therein. ' 97. And whereas we have been pleased by our commission to direct, that in case of your death or absence from our said province, and in case there be at that time no person upon the place coraraissionated or appointed by us to be our lieutenant governor, or R ' commander 258 The HISTORY A. D, f commander in chief, the then present council of our ' said province, shall take upon them the administra- ' tion of the government, and execute our said com- * mission, and the several powers and authorities ' therein contained in the manner therein directed ; it ' is nevertheless our express will and pleasure, that in ' such case the said council shall forbear to pass any acts^ ' but what are immediately necessary for the peace and ' welfare of our said province, without our particular ' order for that purpose."'- ' 98. You «. This article was afterwards supplied as follows: 'Anne R. 'Additional instruction to our right trusty and well beloved Edward 'lord viscount Cornbury, our captain general and governor in 'chief of our province of New-Jersey, in America, and in his 'absence to our lieutenant governor and commander in chief of 'our said province for the time being. Given at our court at 'Kensington, the third day of May, in the sixth year of our 'reign, 1707. ' Whereas by a clause in our commission and instruction to you 'our captain general and governor in chief of our province of 'New-Jersey, it is directed, that upon your death or absence, in 'case there be no lieutenant governor appointed by us upon the 'place, that then the council do take upon them the administration 'of the governn)ent, and that the eldest councellor do preside as by 'the said commission and instructions is more particularly set 'forth; and we having observed, that this instruction has given 'occasion of many controversies and disputes between the president 'and the councellors, and between the councellors themselves and 'otlierwise, in several of our plantations, to the great hindrance of 'thepublick business, and the prejudice and disturbance of our 'service there; our will and pleasure therefore is, that if upon 'your death or absence there be no person upon the place commis- 'sionated by us to be our lieutenant governor or commander in 'chief, the eldest councellor whose name is first placed in our said 'instructions to you, and who shall be at that time of your death 'or absence residing within our said province of New-Jersey, shall 'take upon him the administration of the government and execute 'our said commission and instructions, and the several powers and ' authorities therein contained, in the same manner and to all intents 'and purposes, as either our governor or commander in chief should 'or ought to do in case of your absence, or until your return, or ' in all cases until our further pleasure be known therein. So we ' bid you heartily farewel. By her majesty's comma.nd, SunDERLAND. The OfNEW-JERSEY. 259 ' 98. You are to take care, that all writs be issued ^i^^' *■ in our name throughout our said province. "* ' 99. Fonismuch as great inconveniencies may arise by the liberty of printing in our said province, you are to provide by all necessary orders, tlmt no person keep any press for printing, nor that any book, pam- phlet or other matters whatsoever be printed without your especial leave and license first obtained. ' 100. And if any thing shall happen that may be of advantage and security to our said province, which is not herein, or by our commission to you provided for, we do hereby allow unto you, with the advice and consent of our council of our said province, to take order for the present therein, giving unto us by one of our principal secretary's of state, and to our commissioners for trade and plantations, speedy notice thereof, that so you may receive our ratification if we shall apj)rove of the same. ' 101. Provided always, that you do not by any colour of any power or authority hereby given you, commence or declare war, without our know- ledge and particular commands therein, except it be ' against The following instruction relates also to the council, and bears date in the same year. 'Anne R. 'Right trusty and well beloved, we greet you well: Whereas we are sensible that effectual care ought to be taken to oblige the members of our council to a due attendance therein, in order to prevent the many inconveniencies that may happen from the want of a quorum of the council to transact business as occasions require; it is our will and pleasure, that if any of the members of our said council shall hereafter wilfully absent themselves when duly summoned, without a just and lawful cause, and shall persist therein after admonition, you suspend the said councellors so absenting themselves till our further pleasure be kniwn, giving US timely notice thereof; and we hereby will and require you that our royal pleasure be signiBed to the several members of our council in New-Jersey, and that it be entered in the council books of our said province as a standing rule ; so we bid you farewel. Given at our court of Kensington, the twentieth day of Novem- ber, 1707, in the the sixth year of our reign. By her majesty's command, Sunderland.* 260 The history ' against Indians, upon emergencies, wherein the con- * sent of our council shall be had, and speedy notice * given thereof unto us as aforesaid. ' 102. And you are upon all occasions to send unto * us by one of our principal secretary's of state, and ' to our commissioners for trade and plantations, a * particular account of all your proceedings, and of * the condition of affairs within your government. 103. And whereas the lords spiritual and temporal * in parliament, upon consideration of the great abuses ^ practised in the plantation trade, did by an humble * address, represent to his late majesty, the great impor- * tance it is of, both to this our kingdom and to our plan- ^ tations in America, that the many good laws which ^ have been made for the government of the said planta- *tions, and particularly the act passed in the seventh * and eighth years of his said majesty's reign, entitled, ' An act for preventing frauds, and regulating abuses in * the plantation trade, be strictly observed. You are * therefore to take notice, that whereas notwithstanding ' the many good laws made from time to time, for pre- ■* venting frauds in the plantation trade, it is nevertheless * manifest, that very great abuses have been and con- * tinue still to be practised to the prejudice of the same, * which abuses must needs arise, either from the insol- ' vency of the persons who are accepted for the security * or from the remissness or connivance of such as have ^ been, or are governors in the several plantations, who * ought to take care, that those persons who give bond * should be duly prosecuted, in case of non perform- * ance ; we take the good of our plantations and the * improvement of the trade thereof, by a strict and * punctual observance of the several laws in force con- * cerning the same, to be of so great importance to * the benefit of this our kingdom, and to the advancing ^ of the duties of our customs here, that if we shall * be hereafter informed, that at any time there shall be * any failure in the due observance of those laws, within * our foresaid province of Nova-Csesaria, or New Jersey, * hy any wilful fault or neglect on your part, we shall 'look O F N E W - J E K S E Y . 261 ■* look upon it as a breach of the trust reposed in you A^ D. ■* by us, which we shall punish with the loss of your ^ ' ^^• * place in that government, and such further marks of ^ our displeasure, as we shall judge reasonable to be * inflicted upon you, for your offence against us, in a ' matter of this consequence, that we now so particu- * larly charge you with.' CHAP. XIV. Observations on Lord Cornbury's instructions, and the privileges originally granted to the settlers, with abstracts of some of them. tions. § I. T T is apparent, from the whole tenor of the Observa- JL application from the proprietors, that they had constantly in view the reservation of the principal privi- leges they enjoyed ; and that their meaning was only to part with the powers of government; accordingly in the instrument of surrender, nothing appears to be resigned but these; their endeavours therefore to stipulate ex- pressly for a fresh confirmation of particular privileges, seems to have been owing to an unnecessary diffidence; they were however so far indulged, that a draught of the foregoing commission and instructions was prepared and shewn to them for their acquiescence, conformable to what the Lords of trade in their representation of October 2, 1701, had proposed.^;- § 11. After the lords commissioners for trade and plantations had prepared a draught of the commission and instructions for a new governor, they referred it to sir Thomas Lane, and the proprietors, in the words following ; 'Sir jx. Appendix numb. xiii. 262 The HIST OEY A. D. 'Sir, Whitehall, November 14, 1701. ^^^^' ' I am commanded by the lords commissioners for * trade and foreign plantations, to send you the inclosed * draught of a commission and instructions for a gover- * nor for his majesty's province of New-Jersey, pre- ' pared by order of their excellencies the lords justices, * that you may communicate the same to the pro- * prietors of both the divisions of East New-Jersey, and * West New-Jersey, for their observation thereupon y ' which their lordships desire may be made and returned * to them with all convenient speed, in order to such * further proceedings as shall be found necessary, for * the settling that province in a due form of government. ' I am, sir, your most humble servant, William Popple. * To sir Thomas Lane, Knight and Alderman'. § III. The report of the lords of trade to king Wil- liams- upon the same occasion, not long before the sur- render, was conceived in the terms following. ' To the King's most excellent majesty. ' May it please your majesty, ' Having been directed by their excellencies the lords ^justices, upon a representation, which we humbly laid * before them, concerning the disorders in your ' majesty's provinces of East and West New-Jersey, in * America ; to prepare draughts of a commission and ' instructions for a governor to be sent thither by your ' majesty, and to consult therein the proprietors of those ' provinces, in order to the surrender of their pretended 'right to the government of the same: We humbly ' lay before your majesty the draughts which we have * prepared accordingly, with such clauses as we con- * ceive proper, to enable the governor, for whose name * we have left a blank, to proceed in settling a govern- ' ment y. King William died between this and the surrender, having (its said) first nominated lord Cornbtiry, governor of New-York and New-Jersey, on account of the services of his fatiier; who was among the first officers that after his landing at Torbay, came over to him with his regiment. OfNEW-JEESEY. 263 ■* ment in that country, conformable, (as near as the A. D. ' circumstances of the inhabitants will permit) to the ' method of government, settled by your majesty's * respective commissioners in your other American plan- * tations ; and withal to prevent the interfering of that * colony with the interest of those other plantations : ' We have also in pursuance of their excellencies direc- ' tions, communicated the said draughts to sir Thomas ' Lane, and others, the principal proprietors of West * New-Jersey, and to Mr. William Dockwra, secre- ' tary,2- and others, the principal proprietors or East ^ New-Jersey ; in behalf of themselves, and the rest * of the proprietors of both those divisions ; which ■* draughts they have unanimously approved ; and in ' confidence that your majesty will be graciously pleased ■^ accordingly to constitute a governor over those coun- ^ tries, they have declared themselves willing and ready •* to surrender all their right, or pretence of right to ^ government, which they have hitherto claimed ; * whereupon we humbly request to your majesty, that ' the reducing these colonies to an orderly form of ' government, under a governor constituted by your ' majesty's immediate commission, will be of great ■* service to your majesty, in preventing illegal trade, ■*and the harbouring of pirates, and will be of good * influence throughout the other plantations ; and we ^ humbly oifer, that mr. attorney general be directed * forthwith to prepare a form of a surrender of their * said right, or pretence of right to government, * which may be most effectual to the extinguishing ^ their said pretensions, and present the same to your ^ majesty, ' And whereas they have desired, that the first gover- * nor to be thus appointed by your majesty, may be a ' person 2. Contriver of the penny-post, in tlie city of London : Old- mixon, says, he got his information of New-Jersey from him; and that he, in the name of tlie Proprietors of East-Jersey, and sir Thomas Lane (who had purchased the best part of Dr. Coxe's share of propriety) on behalf of West-Jersey, waited on the queen, and made a formal surrender oj the sovereignty ; reserving all their rights. 264 The history A. D. 1702. ' person fitly qualified for that service ; but cannot * agree in the recommendation of any particular person : * We humbly propose, that when the surrender shall be * made, your majesty would be pleased to nominate 'some person wholly unconcerned in the factions, which ' have divided the inhabitants of those parts, all which * nevertheless is most humbly submitted. 'Whitehall, ") Wm. Blathwayt, Ph. Meadows, r John Pollexson, Abr. Hill, Jan. 6th. 1701-^. j Stanford, Mat Prior.' § IV. In a memorial hereafter inserted « of the proprietors of West-Jersey, to the lords commissioners of trade and plantations, against lord Cornbury, signed by sir Thomas Lane, and other ^- proprietors, who signed the surrender ; we find them recapitulating several matters, and asserting that they were part of the terms of their surrender, and placed as such among others in the instructions. And by the assembly's remonstrance, in 1707, it appears, they ' thought their privileges more secure than some of their neighbours,' and fully depended on being protected in the enjoyment of them. § V. Among the instructions to lord Cornbury are to be found, the principal matters the proprietors pointed out as what they desir'd to have reserved, the articles 9, 14, 15, IG, 36, 37, 38, 45, 51, 52, 53, 86, 87, bear evident marks that they were of this number ; these and such of the others as reserve or reinforce the particular privileges of the proprietors and inhabitants of New-Jersey, were doubtless adopted and continued, in consequence of their application and the original grants. § VI. If the instructions to all the succeeding gover- nors are copied from those to lord Cornbury, as it is generally a. Chap, xviii. b. Every one of the signers of this, Robert Burrow and WilUana Snelling excepted, had signed the instrument of surrender. Of NEW-JERSEY. 265 generally understood ; such of them as differ from what A. D. is common to other'plantation governors, were intended ^^^^ to be at the time of the surrender, and which the fore- going sections seem to confirm, it is a farther evidence that they are esteemed, as to the matter of them, rights and privileges belonging to the inhabitants of New- Jersey ; and that it has been and is the intention of the crown to continue them as such. § VII. There does not appear to have been any design to abridge the privileges before enjoyed, nor could it perhaps be legally effected, by any of the steps taken before or in the surrender ; for many of the settlers, though they were actually proprietors, do not seem to have been parties to the surrender, either by themselves or any legally constituted body for them, except it may be supposed, their approving the thing without joining in any one public act to eflect it, made them so. § VIII. The proprietors who signed the instrument of surrender, considered as to the shares of propriety they held, might be thought of importance enough to be denominated the whole, in barely giving up the govern- ment ; because they had not conveyed that : But it no where appears, that they had any legal power to repre- sent the settlers in general, in matters wherein they had admitted them to share in their property, whether of land or privilege, and as to numbers, were but a small part of the proprietors, and a very small part of the settlers. § IX. Every settler who complied with the terms of settlement publickly established, as well as the purchaser ^ being entitled to the privileges purchased or settled under ; it could not be lawful, that the act of any fellow proprietor to the last, or landlord to the other, should deprive them of what, by the original frame and consti- tutions of the country, or particular agreements, they had 266 TheHISTORY ^- ^- had a share in : and had been the principal inducement 1702. . r r of their removing hither to settle. § X. That the civil and religious privileges subor- dinate to, and derived from, but not connected with the powers of government, were the principal induce- ment of many of the settlers, to leave good habitations and remove hither, none acquainted with the state of things in the original settlement can doubt. § XI. If therefore every purchaser and settler had a right to and property in the privileges conveyed to them, and if the ideas of property in British subjects are the same in the colonies as in the mother country ; according to these, nothing but their own act by them- selves as individuals, or as some wa) represented in legislation or otherwise, could deprive them of it ; any thing less would imply an absurdity in the term. § XII. That they had a right, will evidently appear by the following short view of the premises ; first, by right of discovery it became vested in the crown ; by the crown it was granted to the duke of York ; by the duke to lord Berkeley and sir G. Carteret, so to the purchasers immediately under them, and thence indivi- dually to every freeholder, with the right of the natives purchased and amply confirmed to them ; hence it is, if these conveyances were good, that every free- holder must have a clear incontestable right to his freehold, and consequently to every privilege conveyed with it, as far as these grants will warrant. § XIII. In another view the case may be stated thus ; the proprietors said to the people, if you will buy this land, you and your posterity forever shall have these privileges ; for the first you have our hand and seal ; for the other our publick declarations and concessions solemnly ratified under our hands, recorded in the pub- lic offices ; and for a more compleat security, most of them Of NEW-JERSEY. 267 them also confirmed by laws in the same manner as the A. D. 1702 title and right to location of many of" the lands are founded ; hence a conclusion seems to follow, that the privileges became a part of the purchase, and that the proprietors in the sale of their lands, received a consideration for them ; and if so, to their birth-right as British subjects must be superadded the right of pur- chase. § XIV. It may possibly be objected as to West- Jersey, that the proprietors sold or conveyed the government to Dr. Coxe, and he again conveyed it to several of those who were parties to the surrender ; supposing this to be true, it concludes nothing in the present case ; the •question is not as to government, but privilege in other respects ; to bring that into the argument it must be proved, first, that the proprietors generally concur- red in the sale ; secondly, that they had power to sell again that proportion which had before been conveyed to others ; thirdly, that the act of surrendei in any respect affects it ; lastly, that the proprietors of the Massachu- setts, Pennsylvania, or any other charter government, may or could by their own act barely, resign so as to annul or destroy what their predecessors or they have conveyed and confirmed to the people ; till this is done, the other, for similar reasons, must be supposed impos- sible : Equally inconclusive must be any argument here as to right of conquest from what happened in 1673; if the treaty of Westminster had not restored things to their original footing, the last grants, and laws in consequence of them, confirming former privileges, and nearly the whole matter relating to West- Jersey, bear date since. § XV. To argue, that because there is no express clause in the in"strument, by which the government was «urrendered, reserving the people's privileges; that therefore they were not reserved ; would be just as rea- sonable 268 The history A. D. 1702. sonable as to argue, that because the right to the soil is not there particularly reserved, that therefore it was not reserved at all ; and yet it remains to the possessors without interruption ; and the right to every civil and religious privilege not cancelled in the act of resig- nation, nor since altered by law, being equally strong as to the forms of authenticity (however overlooked or forgot in occasional practice) must be supposed to retain their original validity. § XVI. From what has been said, it seems to be evi- dent, that the proprietoi-s who signed the instrument of surrender, had it not in their power, and therefore could not have intended ; nor if they had, can the words or meaning of any thing they appear to have transacted, be legally construed to extinguish any privilege before derived from the royal grants, either relating to liberty of conscience, or matters of privilege in other cases; their power of the government only excepted ; c. whether this power was ever in due form of law granted or not,<^- they had enjoyed it near forty years; rightly or c. See the queen's acceptance: And for the advantage of a ready view, as to tlie meaning of the surrender, let the terms used in the nstruiuent, be liere attended to, viz. 'All these the said powers and authorities, to correct, punish, pardon, govern, and rule all or any of her majesty's sul>Jects, or others, who now inhabit, or hereafter shall adventure into, or in- habit witliin the said provinces of East-Jersey and West Jersey, or either of them ; and also to nominate, make, constitute, ordain, and contirni any laws, orders, ordinances and direc- tions, and instruments for those purposes, or any of them; and to nominate, constitute or appoint, revoke, discharge, change, or alter any governor or governors, officer or ministers, which are or shall be appointed, made or used within the said provinces, or either of tliem ; and to make, ordain, and establish any orders, laws, directions, instruments, forms or ceremonies of govern- njent and magistracy, for or concerning the government of the provinces aforesaid, or either of them ; or on the sea in going and coming to or from thence; or to put in execution, or abrogate, revoke or change such as are already made, for, or concerning such government or any of them, &c. d. We see the proprietors themselves seem to give into such a doubt in the instrument of surrender. Of NEW -JERSEY. 269 or even tolerably administered, it must undoubtedly be A^ D. considered in the light of a privilege to the inha- bitants in general ; as having their immediate rulers on the spot, ready to see and redress grievances, or prevent the occasions of them ; induced to it both by the strong ties of increasing profit to themselves, and the good of others ; but if we may compare the latter part of these proprietors administrations with the tran- quility that has ensued for most of tjie time since ; and to this, add the benefits^- derived from royal attention, and thence be allowed to form a judgment; we shall not perhaps see much cause to regret the change of situation. § XVII. What the original privileges of the inha- bitants of New-Jersey were, by the several grants and concessions, and other instruments beforementioned and proprietary laws, will at large appear; some of those not immediately connected with government or land affairs, may be known by the following abstracts. In East and West-Jersey, before the division. 1. No person swearing or subscribing allegiance to the king, and faithfulness to the proprietors, to be any ways molested, punished, disquieted, or called in question, for any difference in opinion or practice, in matters of religious concernment, who did not disturb the civil peace ; but that all such persons should at all times, freely and fully have and enjoy their judgments and c An act prescribing the forms of declaration of fidelity, tlie eifect of the abjuration oath, and affirmation, instead of the forms heretofore required, &c. Confirmed and rendered perpetual hy the king in council, at St. James's 3Iay 4, 173'J. A succession of beneficial paper money acts on loan, confirmed, but now expired. Another for acknowledging deeds, and declaring how the estate or right of a feme covert may be conveyed or extinguished. Confirmed and rendered perpetual by the king in council, at Kensington, August 22, 1746. Another for ascertaining the oflScers fees, ibid, at St. James's, November 23, 1749. (fee. 270 The history A. D. 1702. and consciences, they behaving themselves peaceably and not using this liberty to licentiousness. Concessions and agreements of the proprietors Carteret and Berkeley, with the adventurers, Feb. 10, 1664. 2. By legislative act to levy taxes, and not other- wise, and this as should seem most equal and easy for the inhabitants, ibid, 3. By law to provide for the support of government. ibid. 4. That cattle ranging or grazing on lands not appropriated to particular persons, shall not be deemed trespassing, but custom not to be plead from hence, nor any, purposely to suffer their cattle to graze on such lands, ibid. In East-Jersey, after the quintipartite division. 5. Tiiat the courts of session and assize, should be established by the governor, council, and representa- tives, and that appeals from thence, should be made to the governor and council, &c. Declaration of sir George Carter^et, dated July 31, 1674. 6. * Among the present proprietors, there are several * that declare they have no freedom to defend them- * selves with arms; and others who judge it their duty ^ to defend themselves, their wives and children, with ' arms : It is therefore agreed and consented to ; and ' they the said proprietors do, by these presents, agree * and consent, that they will not in this case, force each * other against their respective judgments and consci- ' ences ; in order whereunto it is resolved, that on the ' one side, no man that declares, he cannot for con- * science sake, bear arms, whether proprietor, or ' planter, shall be at any time put upon so doing, in ' his own person ; nor yet upon sending any to serve in * his stead ; and on the other side those who do judge it ' their duty to bear arms for the publick defence, shall * have their liberty to do it in a legal way.' Funda- * mental constitutions of Fast New- Jersey, A. D. 1683. 7. AU OfNEW-JERSEY. 271 7. All persons acknowledging one almighty and A. D, eternal God, and holding themselves obliged in con- science to live quietly in civil society ; shall no way be molested, or prejudged for their religious persuasions and exercise in matters of faith and worship, nor be compelled to frequent and maintain any place of worship or ministry whatsoever; but none to be ad- mitted to places of publick trust, who do pot profess faith in Christ Jesus, and will not solemnly declare, that he is not obliged in conscience, to endeavour alteration in the government, nor does not seek the turning out of any in it, or their ruin or prejudice ia person or estate, because they are in his opinion here- ticks, or differ in judgment from him ; but none under the notion of liberty, by this article, to avow atheism, irreligiousness, nor to practice prophaneness, murder, or any kind of violence; or indulge them- selves in stage-plays, masks, revells, or such like abuses, ibid. 8. No person to be imprisoned or deprived of his freehold, free custom or liberty, to be out-lawed, exiled or any other way destroyed, nor be condemned, but by lawful judgment of his peers; justice or right to be neither bought nor sold, deferred or delayed to any person whatsoever ; all trials to be by twelve men, and as near as may be, peers and equals, and of the neigh- bourhood, and without just exception ; twenty four to be returned by the sheriff as a grand inquest, twelve at least to agree in finding the complaint to be true; reasonable challenges to be admitted against the twelve or peers who have the final judgment, or any of them : In all courts, persons of all perswasions to appear in their own way, and according to their own manner, and personally plead their own causes, or if unable, by their 1702. 272 The HISTORY A. D. their friends : and no person allowed to take money 1702. . . , . . for pleading or advice in such cases./- ibid. 9. All marriages not forbidden in the law of God to be esteemed lawful, where the parents or guardians being first acquainted, the marriage is publickly inti- mated in such places and manner as is agreeable to men's different persuasions in religion, and afterwards solem- nized before creditable witnesses, and duly registered. Ibid. 10. All witnesses called to testify to any matter or thing in any court, or before any lawful authority, to deliver their evidence by solemnly promising to speak the truth, the whole truth and nothing but the truth ; and the punishment of falshood to be the same as in caseo of perjury; the like in cases of forgery; and both criminals to be stigmatized. Ibid. 11. Forfeited estates, except for treason or capital crimes, to be redeemed by the nearest of kin, within two months, by paying to the publick treasury, not above one hundred pounds, nor under five pounds sterling. Ibid. In West-Jersey. 12. No cattle straying, ranging or grazing on any unlocated grounds, to subject their owners to damages, but custom of commons ncrt to be pretended to, nor any person hindered from legally taking up any such lands. Concessions and Agreements, chap. viii. 13. All taxes to be levied by legislative act. Ibid. chap. xi. 14. As no man or number of men upon earth, have power or authority to rule over men's consciences in religious matters ; no person or persons whatsoever, at any time or times hereafter, shall be any ways, upon any /. This last afterwards altered by an instruction to Basse, while he •exercised the office of governor in East Jersey, and fixed to be, that none should practice without license from the governor. OfNEW -JERSEY. 273 any pretence whatsoever, called in question, or in the A. D. least punished or hurt in person, estate or privilege, for ' * the sake of his opinion, judgment, faith, or worship towards God in matter of religion. Ibid. chap. xvi. 15. No person to be deprived of life, limb, pro- perty, or any ways hurt in his or their privileges, free- doms or franchises, upon any account whatsoever, without a due trial and judgment passed *by twelve good and lawful men of his neighbourhood first had; persons arraigned allowed to except against any of the neighbourhood, without rendering a reason, not ex- ceeding thirty-five, and with valid reasons against every person nominated for that service, ibid. chap. xvii. 16. In all causes, civil and criminal, proof to be made by the solemn and plain averment of at least two honest and reputable persons ; upon false evidence, the party in civil causes liable to the penalty due to the person or persons he or they bear witness against ; in criminal causes to be severely fined, and for the future disabled from being admitted an evidence or to any public employment, ibid. chap. xx. 17. Persons preferring indictments or informations against others for personal injuries, or matters criminal (treason, murder and felony excepted ;) to be masters of their own process, and have power to remit or forgive as well before as after judgment and sentence. ihid. chap. xxi. 18. All causes, civil and criminal, to be decided by the verdict of twelve men of the neighbourhood, to be summoned by the sheriff, and no person compelled to fee an attorney ; but to have free liberty to plead his own cause; and that no person imprisoned upon any account whatsoever, should be obliged to pay any prison fees. ibid. chap. xxii. 19. All jurisdictions and their powers to be estab- lished by legislative act. S 20. In 274 The history A. D. 1702. 20. In courts of justice for trial of causes civil or criminal, all inhabitants to come freely into, and attend and hear any such trials, 'that justice may not be done in a corner, nor in any covert manner ; being intended and resolved by the help of the Lord, and by these our concessions and fundamentals, that all and every person or persons inhabiting the said province, shall, as far as in us lies, be free from oppression and slavery, ibid. chap, xxiii. 21. The proprietors and freeholders to have liberty to give their representatives instructions, and to repre- sent their grievances ; and any of the electors upon complaint made of failure of trust or breach of cove- nant, to remonstrate the same to the Assembly. 22. In every meeting of general Assembly, liberty of speech to be allowed ; and none to be interrupted when speaking: All questions to be stated with delibe- ration, and liberty for amendment, with power of entering reasons of protest ; and to have the mem- ber's yeas and no's registered : The doors of the house to be set open ; and liberty given to hear the debates : The assembly to have power of enacting laws, provided they be agreeable to the fundamental laws of England, and not repugnant to the concessions. Concessions afore- said. See also the first acts of Assembly of West-Jersey. CHAP. OfJS^EW-JERSEY. 276 CHAP. XV. Lord Combury convenes the first general assembly after the surrender: His speech, their address, and other ■proceedings : Queen Anne's proclamation for ascertain- ing the rates of coin : Combury dissolves the Assembly, and meets a new one to his mind : Their proceedings and dissolution : A summary of the establishment and practice of the council of proprietors of West-Jersey : Another assembly called; who remonstrate the griev- ances of the province. TH E distinction of the two Provinces East and a. D. West- Jersey, being henceforth as to all matters ^"^^ of government laid aside, and both united in one under the name of Nova-Caesaria, or New-Jersey; we now enter upon a more uniform method of proceeding. Contrary to the expectation of those concerned in the surrender, we soon find them jointly struggling for the preservation of their privileges against the encroach- ments of a governor, who, if his abilities had been equal to his birth and interest, must be allowed to have been as formidable an antagonist in that capacity as any that have come to the colonies ; besides being the son of a family that had merited highly in the revolu- tion, he was first cousin to queen Anne : With such an interest and a disposition to have studied harmony and concord, instead of listening to the votaries of faction, and meanly trumpeting their animosities, he had a fair opportunity of singular service in restoring the public quiet, and laying a foundation of prosperity to the province ; but that, afterwards became the business of another. Lord Cornbury arrived in New-Jersey in the month called August, 1703: Having published his commis- si on 276 The history A.D. 1703. Lord Corn bury convenes the assem- bly. sion at Amboy and Burlington, he returned to his government of New- York ; but soon came back and convened the general assembly to meet him at Perth- Amboy, the tenth of November.?- They chose Tho- mas Gardiner/- speaker, he was presented and accepted, and then, conformable to the practice of parliament, made a demand of the particular privileges of assem- blies, as follows : ' That the members with their servants, may be free * from arrests or molestation during the sessions. ' That they have free access to your excellency's * person, when occasion requires. ' That they may have liberty of speech, and a favour- ' able construction of all debates that may arise among * them. 'That if any misunderstanding shall happen to arise * between the council and this house, that in such a * case a committee of the council may be appointed to ^confer with a committee of this house for adjusting * and reconciling all such differences. And, ' That these our requests may be approved of by 'your excellency and council, and entered in the * council books.' The governor, in answer told them, he granted the three first as the just and undoubted right of the house ; but g. The names of the first members of council after the surrender are in lord Cornbury's instructions. The first representatives were, For the eastern Division. Obadiah Bown, Jedediah Allen, Michael Howden, Peter Van Este, John Reid, John Harrison, Cornelius Tunison, Richard Hartshorne, col. Richard Townly, For the western Division. Thomas Lambert, William Biddle, William Stevenson, Restore Lippincott, John Kay, John Hugg, jun. Joseph Cooper, William Hall, John Mason, John Smith. For the town of Burlington. Peter Fretwell, Thomas Gardiner. City of Perth-Amboy. Thomas Gordon, Miles Forster. h, Bon of him whose death is mentioned before. Of new- jersey. 277 "but rejected the fourth as an innovation, and accord- A. D. ingly ordered an entry of the same in the council books ; this done, he made a speech to the council and general assembly. ' Gentlemen, The proprietors of East and West New- Jersey, Speech. ' having upon very mature consideration, thought fit * to surrender to her most sacred majesty the great (jueen ' of England, my mistress, all the powers of govern- ' ment which they supposed were vested in tliem ; the * queen has been pleased to unite these formerly two * provinces now into one, under the name of Nova- * Cfesaria or New-Jersey ; her majesty has been pleased ' graciously to honour me with the trust ot this * government, and has commanded me to assure you ■* of her protection upon all occasions ; and you may ^ assure yourselves, that under her auspicious reign, ^ you will enjoy all the liberty, happiness and satisfac- ' tion, that good subjects can wish for ; under a most * gracious queen, and the best laws in the universe, I ' mean the laws of England, which all the world ' would be glad to partake of, and none are so happy * to enjoy, but those whose propitious stars have placed ' under the most happily constituted monarchy : I will ■' not question, but that you on your parts, will do all ' that can be expected from faithful subjects, both for ' the satisfaction of the queen, the good and safety of 'your country; which must be attended with general * satisfaction to all people. ' In order to attain these good ends, I must earnestly ' recommend it both to you, gentlemen of her majesty's ' council, and you gentlemen of the assembly, to 'apply yourselves heartily and seriously to the recon- ' ciling the unhappy differences which have happened ' in this province ; that as the queen has united the two ' provinces, so the minds of all the people may be ' firmly united in the service of the queen, and good ' of the country ; which are all one, and cannot be ' separated without danger of destroying both. * Gentlemen 278 TheHISTOEY A. D. * Gentlemen, you are now met in general assembly^ ' on purpose to prepare such bills to be passed into laws, * to be transmitted into England for her majesty's * approbation, as may best conduce to the settling of ' this province upon a lasting foundation of happiness * and quiet, only I must recommend it to you, that the ' bills you shall think fit to offer, may not be repugnant ' to the laws of England, but as much as may be^ * agreeable to them. ' I must recommend to you, gentlemen, in the ' wording of your Bills, to observe the stile of enacting ' by the governor, council and assembly ; and likewise, ' that each different matter may be enacted by a different ' law, to avoid confusion. ' In all laws whereby you shall think fit to grant * money, or to impose any fines or penalties, express * mention may be made, that the same is granted or * reserved unto her majesty, her heirs or successors, foi ' the publick use of this province, and the support of ' the government thereof. * Gentlemen, I am farther commanded by the queen, 'to reconmiend it to you, to raise and settle a revenue * for defraying the necessary charges of the govern- ' ment of this province, in order to support the dignity ' of it. * I am likewise commanded to recommend to your 'care, the preparing one or more bill or bills whereby * the right and property of the general proprietors to ' the soil of this province may be confirmed to them, ' according to their respective titles, together with all ' quit rents and all other privileges as are expressed in the 'conveyances made by the duke of York ; except only ' the right of government, which remains in the queen. * Now, Gentlemen, I have acquainted you with some 'of those things which the king is desirous to have ' done : I shall likewise acquaint you, that her majesty * has been graciously pleased to grant to all her subjects ' in this province, (except papists) liberty of consci- * ence. I must further inform you, that the queen ' has commanded me not to receive any present from 'the Of NEW-JEKSEY. 279 ^ the general assembly of this province; and that no ^j ^^ ^person who may succeed me in this government, may ^'^^^■ ' claim any present for the future, I am commanded * to take care, that her majesty's orders may be entered ^ at large in the council books, and the books of * the general assembly. ' Now, gentlemen, I have no more to offer to you *' at this time, only I recommend to you dispatch in the ^ matter before you, and unanimity in your consulta- * tions, as that which will always best and most eifectu- ' ally conduce to the good of the whole.' The governor's speech being read in the house, pro- duced the following address, N. C. D. Address. ' May it please your excellency, ' I am commanded by this house, to return your ' excellency our hearty tlianks for your excellency's ' many kind expressions to them, contained in your * excellency's speech ; and it is our great satisfaction, ' that her majesty has been pleased to constitute your ' excellency our governor. ' We are well assured the proprietors, by their surren- ' der of their rights to the government of this province, ' have put us in circumstances much better than we ' were in under their administration, they not being ' able to protect us from the villainies of wicked men ; * and having an entire dependence on her majesty, that 'she will protect us in the full enjoyment of our rights, ' liberties and properties, do thank your excellency for * that assurance you are pleased to give us of it, and ' think our stars have been very propitious in placing * us under the government and direction of the greatest ' of queens, and the best of laws : And we do entreat 'your excellency to believe, that our best endeavours * shall not be wanting to accomplish those things which ' shall be for the satisfaction of the queen, the gene- ' ral good of our country, and (if possible) to the * universal satisfaction of all people : With our prayers * to the God of Heaven, we shall join our utmost * endeavours, to unite our unhappy differences ; and 'hope 280 The HISTORY A. D. ' hope with the assistance of your excellency and council 1703. ( ^^ ^-jl ^^^ ^^ impossible to accomplish that blessed ' work. We shall follow the directions given in your * excellency's speech, with what dispatch the nature of ' the things require ; and hope, that all our eonsulta- ' tious may conduce to the best and greatest ends. ' Memorandum, that all the members of this house ' do agree to the subject matter above written, tho* ' several of them dissent from some of the expressions * therein contained,' This address presented, the assembly, after regulat- ing elections complained of, prepared several bills ; but one only received the governor's assent : This related to the purchasing of lands of the Indians, was pre- pared pursuant to an article in Cornbury's instructions, and prohibits purchases or gifts of lands being made Law re- or received from the Indians without license of the Indian^ proprietors, after the 1st December, 1703, under purchases. penalty of forfeiting forty shillings per acre ; it also retrospects and makes void all Indian bargains, gifts, leases or mortgages, without an English title, unless covered with a propriety right in six months thereafter. This law is yet in force. The governor put an end to this session, December 13, by observing to the assembly, that the season being far advanced, it was absolutely necessary to conclude business : That he wished the several bills before him- self and them could have been dispatched ; but that the matters contained in them, were of so great moment, the difficulties so many, and the time so short, that it was impossible to finish : That being now acquainted with the nature of those difficulties, they should come prepared in the spring to remove them, and provide such good laws as might effectually ascertain the rights of the several proprietors, and fully secure every man's property. These being the points which would most conduce to the peace and welfare of the colony,. recommended Of new-jersey. 281 recommended the council and assembly to employ their A. D. serious thoughts, that the most effectual means to attain those desirable ends might be discovered, and to point out other useful laws, and concludes with obser- ving, that they would ever find him ready to consent to all such things as should be for the good of the whole. In 1704, great inconveniencies were found, by the same coin bearing different values in the provinces on Coin, the continent ; to remedy this by one general medium, queen Anne published her proclamation for ascertaining the value of foreign coin in America ; which seems to claim a place here. 'By the QUEEN. * A proclamation for settling and ascertaining the cur- Proclama- ' rent rates of foreign coins in her majesty's colonies ^'^"* ' and plantations in America. ' We having had under our consideration the differ- ' ent rates at which the same species of foreign coins do ' pass in our several colonies and j)lantations in Ame- ' rica, and the inconveniencies thereof, by the indirect ' practice of drawing the money from one plantation ' to another, to the great prejudice of the trade of our ' subjects ; and being sensible, that the same cannot be ' otherwise remedied, than by reducing of all foreign ' coins to the same current rate within all our domini- * ons in America ; and the principal officers of our * mint having laid before us a table of the value of the * several foreign coins which usually pass in payments * in our said plantations, according to the Aveight and ' the assays made of them in our mint, thereby shewing ' the just proportion which each coin ought to have to ' the other ; which is as followeth, viz. Sevill pieces ' of eight, old plate, seventeen penny weight, twelve 'grains, four shillings and six pence; Sevill pieces of ' eight, new plate, fourteen penny-weight, three shil- ' lings and seven pence one farthing ; Mexico pieces * of eight, seventeen penny-weight twelve grains, four ' shillings and six pence ; pillar pieces of eight, seven- ' teen penny-weight twelve grains, four shillings and 'six 282 The history six pence three farthings ; Peru pieces of eight, old plate, seventeen penny-weight twelve grains, four shillings and five pence or thereabouts ; cross dollars, eighteen penny-weight, four shillings and four pence three farthings ; ducatoons of Flanders, twenty pen- ny-weight and twenty-one grains, five shillings and six pence ; eau's of France or silver Lewis, seventeen penny-weight twelve grains, four shillings and six pence; crusadoes of Portugal, eleven penny-weight four grains, two shillings and ten pence one farthing ; the silver pieces of Holland, twelve penny-weight and seven grains, five shilling and two pence one farthing ; old rix dollars of the empire, eighteen penny-weight and ten grains, four shillings and six pence ; the half, quarters and other parts in proportion to their denominations ; and light pieces in proportion to their weight : We have therefore thought fit, for remedying the said inconvenicncies, by the advice of our council, to publish and declare, that from and after the first day of January next ensuing the date hereof, no Sevill, pillar, or Mexico pieces of eight, though of the full weight of seventeen penny-weight and a half, shall be accounted, received, taken or paid, within any of our said colonies or plantations, as well those under proprietors and charters, as under our immediate commission and government, at above the rate of six shillings per piece, current money, for the discharge of any contracts or bargains to be made after the said first day of January next ; the halves, quarters, and other lesser pieces of the same coins, to be accounted, received, taken, or paid in the same proportion ; and the currency of all pieces of eight of Peru, dollars and other foreign species of silver coins, whether of the same or baser alloy, shall after the said first day of January next, stand regulated, according to their weight and fineness, according and in proportion to the rate before limited and set for the pieces of Sevill, pillar and Mexico ; so that no foreign silver coin of any sort, be permitted to exceed the same proportion upon any account what- ' soever. OfNEW-JEESEY. 283 * soever. And we do hereby require and command all A. D. ' our governors, lieutenant governors, magistrates, ^ officers, and all other our good subjects, within our * said colonies and plantations, to observe and obey our ' directions herein, as they tender our displeasure : ' Given at our castle at Windsor, the eighteenth day ^ of June, 1704, in the third year of our reign.' Cornbury met the assembly at Burlington the 7th of September, and recommended the preparing a Hll to Assemblj ascertain the rights of the general proprietors to the soil of the province, to settle a fund for support of government ; and a French privateer having committed depredations on the settlers about Sandy Hook, he thence took occasion to press for a law to establish a militia, and fix a watch house on the Navesink hills. The house took the matters into consideration : It does not appear but they intended to make such provision on those occasions, as suited the circumstances of the province, yet their proceedings on the whole, were not to his mind ; on the 28th therefore, he abruptly sent for and dissolved them, and issued writs for a new election, to meet at Burlington the 13th of November Dissolved, following : This election was industriously managed, and a majority of members procured to his mind ; they met at the time, and being divided in the choice of a speaker, Peter Fretwell and John Bowne, candidates, and the votes equal, they called upon their clerk, (William Anderson,) to give the casting vote, which he did for Fretwell, who was accordingly placed in the chair ;i- then receiving the speech, they by an address complimented Cornbury, with going through the affairs of i. The members of this assembly were, For the Eastern division. John Bown, Eichard Hartshorne, Richard Salter, Obadiah Bown, Anthony Woodward, John Tiinison, John Lawrence, Jasper Crane, Peter Vaneste, Thomas Gordon, John Barclay, John Koyse. For 284 The HISTORY A^ D. of government * with great diligence and exquisite ' management, to the admiration of his friends, and ' envy of his enemies ; ' and passed a bill to raise two thousand pounds^'- per annum, by tax, for support of government, to continue two years. Several other laws were passed this session, and amongst them one for establishing a militia, by the unnecessary severity of which, those conscientiously scrupulous of bearing arms in many parts were great sufferers. On the 12th of December, the governor adjourn'd them till next yeai', with more encomiums on their conduct, than many of them got from their constitu- ents on their return home ; during this whole , session, they had tamely suffered the arbitrary practices of Cornbury, to deprive them of three of their most sub- stantial members, Thomas Gardiner, Thomas Lam- bert and Joshua Wright, under pretence of their not owning land enough to qualify them to sit there, tho' they wert; known to be men of sufficient estates ; and the same assembly at their next meeting at Amboy, ia 1705, themselves declare, * the members had hereto- * fore satisfied the house of their being duly qualified ' to sit in the same;' and they were then admitted, when the purposes of their exclusion were answered : This 1705. sitting was in October and November, but produced nothing of much consequence ; the session which fol- lowed at the same place in October, 1706, likewise proved unsuccessful ; and now Cornbury again dissolv'd the assembly. In For the Western division. Restore Lippincott, John Ilugg, John Kay, John Smith, Wil- liam Hall, John Mason, Thomas Bryan, Robert Wlieeler, Peter Fretwell, Thomas Lambert, Thomas Gardiner, Joshua Wright. h. The lieutenant governor Ingoldsby received I. 600 out of this sum. Of new-jersey. . 285 In the 11th month this year, the council of propria- A. t). tors for the western division, met according to their usual practice; present, William Biddle, president, Dissolved. Samuel Jenings, George Deacon, John Wills, Wil- liam Hall, Christopher Wetherill and John Kay; to tliis council Cornbury sent an order to resolve him in certain points proposed to them, which for some rea- sons, were at present delayed ; but in the spring next 1707. year, he sent for the council of proprietors to attend him in council at Burlington, and there proposed sun- dry questions on the same subject, demanding a catego- rical answer to each ; they soon resolved him by send- ing^- a summary of their constitution and establishment as follows ; ' The answer delivered to tiie governors three questions, ' delivered to him by the council of proprietors. ' Whereas our governor the lord Cornbury, was Summary 'pleased at our attending on him in council, the thir- ofWest- '■ teenth day of this instant May, to require answers to coumnl of ' three questions, viz. who was the council of propri- proprie- ' etors the last year ; and who are chosen for this year toi"^- '1707, and to have tlie names of them? the second ' is, what are the poM'ers the said council pretend to ' have ? the third, by whom constituted ? ' And in obedience thereto, we being part of the ' trustees, or agents commonly called the council of ' proprietors, are willing to give all the satisfaction we * are able, in humble answer to his lordships requirings, ' viz. ' First, the persons chosen for the last year to serve * the proprietors as agents or trustees, were William ' Biddle, /. It was delivered to Cornbury in council, the oOlh, tlie pro- prietors then piesent, were, Samuel Jenings, William Hall, Tho- mas Gardiner, John Wills, John Kay, Christopher Wetherill and Lewis Morris; with the answer they delivered to the governor and council, two papers containing the names of several of the proprie- tors, declaring their approbation of the council, and one Indian deed. 286 The history ' Biddle, Samuel Jeniugs, George Deacon, John Wills, 'and Christopher Wetherill, for the county of Bur- * lington ; and John Reading, Francis Collings, John ' Kay and William Hall, of Salem, for the county of ' Gloucester, and below ; and for this present year * 1707, William Biddle, Samuel Jenings, Lewis * Morris, George Deacon, John Wills, John Kay, * John Reading, Thomas Gardiner and William Hall * of Salem. ' 2. In the year 1677, the first ship that came here * from England, which brought the first inhabitants * that came to settle in these remote parts, by virtue of * Byllinge's right, before she sail'd the proprietors being * met together at London, thought it advisable to settle ' some certain "method how the purchasers of land from * Byllinge, &c. should have their just rights laid forth * to them, concluded on a number of persons, viz. * Joseph Helmsly, William Emly, John Penford, * Benjamin Scott, Daniel Wills, Thomas Olive and * Robert Stacy, as should be called commissioners, and ' they were first impowered to purchase what land they ' could from the Indians, and then to inspect all rights, * as any lands were claimed, and when satisfied therein, * to order the laying it out accordingly ; which com- * missioners when arrived here, did forthwith make * several purchases of land, and acted as aforesaid, for * some time, till some of them being not longer able * to struggle with such hunger, and many other great ' hardships as were then met withal, return'd again for ' England ; so for preventing confusion among the ' people, the assembly took the trouble of it on them ; 'this continued in practice till about the year 1687; ' then the assembly having much other business, and ' being not able to spend their time and money abroad, ' would not longer be troubled with that business, as ' was wholly belonging to the proprietors, and so threw ' it out of the house, and told the proprietors they ' might choose a convenient number of persons of 'themselves, to transact their own business: Accord- ' ingly the 14th day of February, the same year, the ' proprietors OpNEW-JERSEY. 287 proprietors met at Burlington, and then and there A. D. chose and elected eleven persons of themselves, to act ^^^'^• for the whole, for the next ensuing year; but then linding that so many and at such distances being hard to be got together, they next year chose but nine, and accordingly signed instruments for the confirm- ing that constitution, of which his lordship has a copy ; and the same methods have been every year since practised to this present year 1707; and in all this time no inconveniencies hath arisen from* it, but on the contrary, much ease and advantage to the pro- prietors ; as by a further declaration of many other of the proprietors under their hands, is ready to be proved. ' Now as to the powers of those as are now and have all along been, they are the same with the first that came over from England in the year 1677 ; that is to say, to purchase land of the Indians, with the consent and advice of the said proprietors as chose them, and to inspect the rights of every man as shall claim any land, so that tlie same may be sur- veyed to him or them ; and for the more easy and speedy settling of the province, commissioners have been appointed in each county, to inspect all rights as aforesaid ; the said agents, trustees or council, also to choose a recorder, a surveyor general and rangers in each county, to range for the benefit of the said general proprietors, and to appoint persons to prevent the wasting and destroying of the proprietors timber, upon their unsurveyed lands, &c. * The proprietors residing in England, have had knowledge of a committee of the agents or trus- tees of the proprietors here, who were to act and negotiate their aifairs by their agents, from time to time, acting in conjunction with them, as Adiord Bond, John Tatham, agents to doctor Coxe ; and when Jeremiah Bass was agent, he acted with them also; after him, when our late governor Hamilton was made agent, he acted as one of the said agents, trustees or council for several years, and was president 'of 288 The HISTORY A. D. < of the same ; and now Lewis Morris as agent to the 1707. < society, is one of the said trustees or council ; and * not only the agents of the agents of the proprietors * at home, but any proprietor now hath, and have had * liberty, to come and meet with the said agents, tru- ' stees or council, when he or they pleased. ' Lastly, as to the constitution of the said agents, ' trustees or committee, and by whom constituted ; it *is on certain days in the county of Burlington and ' Gloucester, yearly and every year, they are chosen * by the proprietors : The above is as good an account * as we that are present are able to give, in answer to * what was required of us by his lordship, and pray it ' may find acceptance as such ; but if any further thing * may seem needful to be answered, we humbly pray * it may for this time be suspended, till the whole qan * be got together.' The writs for a new assembly were returnable to Burlington, the 5th of April, 1707. In this Assembly it soon appeared, Cornbury had not the success in elections as in the last choice; his conduct was arbi- trary, and the people dissatisfied ; the assembly chose Samuel Jenings, speaker,"*- received the governor's speech, and soon after resolved into a committee of the whole house to consider grievances; this committee continued sitting from day to day, till at length they agreed upon fifteen resolves, and by petition to the queen laid them before her, on the 8th of the month called May, they also remonstrated their grievances to the governor, as follows : May m. The members now were, For the Eastern division. John Harrison, Lewis Morris, Elisha Parker, Thomas Farmei Jasper Crane, Daniel Price, John Bown, William Lawrence, Wil liam Morris. Enoch Mackelson, John Royce, Thomas Gordon. For the Western division. Peter Canson, William Hall, Richard Johnson, John Thomson, Bartholomew Wyatt, John Wills, Thomas Bryan, Samuel Jenings, Thomas Gardiner, John Kay, Philip Rawle. Of new-jersey. 289 ' May it please the governor, '^^^* ' We, her majesty's loyal subjects, the representatives of the province of New-Jersey, are heartily sorry, that instead of raising such a revenue as is by the governor (as we suppose by the queen's directions) required of us, we are obliged to lay before him the unhappy circumstances of this province : it is a talk we undertake not of choice, but necessity, and have therefore reason to hope, that what we say may meet with a more favourable reception. * We pray the governor to be assured, it is our mis- fortune extorts this procedure from us, and that we should betray the trust reposed in us by our country, did we not endeavour to obtain relief. ' The governor encourages us to hope he will not be deaf to our entreaties, nor by his denial render our attempts for the best ends fruitless. ' We may not perchance rightly apprehend all the causes of our sufferings, but have reason to think some of them are very much owing to the governor's long absence from this province, which renders it very difficult to apply to him in some cases which may need a present help. ' It were to be wished the affairs of New- York would admit the governor oftener to attend those of New-Jersey, he had not then been unacquainted with our grievances; and we are inclined to believe they would not have grown to so great a number. ' It is therefore, in the first place, humbly presented to the governor's consideration, that some persons under sentence of death for murder, have not only remained till this time unexecuted, (they being con- demned not long after lord Cornbury's accession to this government) but often have been suffered to go at large ; it's possible the governor has not been informed, that one of those persons is a woman who murdered her own child ; another of them a woman who poisoned her husband : The keeping of them so long has been a very great charge, and how far it's a reflection on the publick administration, to suffer such T ' wretches 290 The history wretches to pass with impunity, we dare not say ; but sure the blood of those innocents cries aloud for ven- geance, and just Heaven will not fail to pour it down upon our already miserable country, if they are not made to suffer according to their demerits. ' Secondly, we think it a great hardship, that persons accused for any crime, should be obliged to pay court fees, notwithstanding the jury have not found the bill against them ; they are men generally chose out of the neighbourhood, and should be the most sub- stantial inhabitants, who cannot well be supposed to be ignorant of the character of the person accused, nor want as good information as may be had ; when therefore they do not find the bill, it is very reasonable to suppose the accused person innocent, and conse- quently no fees due from him ; we pray therefore, that the governor will give his assent to an act of assembly to prevent the like for the future ; otherwise no person can be safe from the practices of designing men, or the wicked effects of a vindictive temper. ' Thirdly, the only office for probate of wills being in Burlington, it must be very expensive and incon- venient for persons who live remote to attend it, espe- cially for the whole Eastern division ; we therefore pray the governor will assent to an act to settle such an office in each county, or at least in each division of this province, and that the officers be men of good estates, and known integrity in the said county or divi- sion. ' Fourthly, that the secretary's office is not also kept at Amboy, but that all the Eastern division are forced to come to Burlington, that have any business at said office, is a grievance which we hope the governor will take care to redress ; it seeming inconsistent with the present constitution of government established by the queen, which doth not admit one of the divisions of this province to enjoy more privileges than the other; we therefore entreat the governor not to take it amiss, that we desire his assent to an act to be pass'd to oblige the secretary to keep the office at both places. Fifthly, OfNEW -JERSEY. 291 ' Fifthly, the granting of patents to cart goods on A. D. ' the road from Burlington to Aniboy, for a certain 1707. ' number of years, and prohibiting others, we think ' to be a grievance that is contrary to the statute 21 Jac. ' 1. c. 3. against monopolies ; and being so, we doubt ' not, will easily induce the governor to assent to an act * to prevent all such grants for the future ; they being * destructive to that freedom which trade and commerce ' ought to have. * Sixthly, the establishing fees by any other power ' or authority than by the governor, council and repre- * sentatives met in general asssembly, we take to be a ' great grievance, directly repugnant to Magna ' Charta, and contrary to the queen's express instruc- ' tions in the governor's instructions, which says, " You are to take care, that no man's life, member, " freehold or goods, be taken away or harmed in " our province, under your government, otherwise " than by established and known laws, not repugnant to, " but as near as much as may be, agreeable to the laws " of England ; " we therefore pray, that the governor ' will assent to an act to be pass'd to settle fees ; without ' which we think no more can be legally demanded, ' than the persons concerned by agreement oblige ' themselves to pay. Seventhly, the governor putting the former publick * records of the Eastern division of this province into the ' hands of Peter Sonmans, pretended agent to the propri- ' etors, one that does not reside in the province, nor has ' not given security for the well and true keeping of them, ' as is by the queen directed, and kept them so that her ' majesty's subjects cannot have recourse to them ; and ' their being carried out of the division, is a great and 'crying grievance: They are the only evidences that ' one half of this province has to prove the titles to their ' estates, and this house is humbly of opinion, they ' ought to be so kept, that persons may have recourse to ' them ; and in the hands of such of whose fidelity there * is no reason to doubt ; this being a thing so reasonable, * encourages us to request the governor to assent to an 'act 292 The history ' act to be passed to put them in proper hands for the * future, that the country may not be under the same ' disappointments they now are. ' These, governor, are some of the grievances this * province complains of, and which their representa- * tives desire may be redressed ; but there are others of a * higher nature, and attended with worse consequences ; * they cannot be just to the governor, themselves, or 'their country, should they conceal them: We did * expect when the government of the Jeisies was surren- * dered, to feel the benign influences of the queen's mild ' government, under her more immediate administra- * tion, and to be protected in the full enjoyment ^ of our liberties and properti&s, the last of which we ' thought ourselves somethinar more secure in than some * of the neighbouring plantations ; and had an entire * dependance that her majesty's royal bounty and good- * ness would never be wanting to make us easy and 'happy, even beyond our wishes: It is our misfortune, ' that we must say, the success has not answered the * expectation, and the queen's subjects here have felt ' the reverse of what they had most reason to hope ; that * greatest and best of princes is, without all perad- ' venture, ignorant of our pressures, or we had long 'since had relief; she is too good to continue even the ' deserved sufferings of the miserable, and has more of ' Heaven in her than to hear the cry of those that groan ' under oppression, and the unkind effects of mistaken ' power, to whom we owe our miseries ; and what they ■' are, the sequel shews. ' In the first place, the governor has prohibited the '^ proprietors agents, commonly called the council of ' pro[)rietors, from granting any warrants for taking ' U]i of land in the Western division of this province : * We cannot see by what law or reason any man's pro- ^ perty can be disposed of by the governor without his ' consent : The proprietors when they surrendered their 'government, did not part with their soil, and may * manage it as they think fit, and are not to take direc- * tions from any person whatsoever, how and when to *do Of new-jersey. 293 ^ do it; if any persons concerned be grieved, the laws A. p. * are open, by which disputes in property are decided ; i--Ot. * and he doubtless will not be left remediless. We are * very sorry the governor gives us occasion to say, it is *a great encroachment on the proprietors liberties; but ^ we are not suprised at it, when a greater encroach- ' ment on our liberties lead the way to it, and that was ' the governor's refusing to swear or attest three mem- ' bers of the last assembly upon the groundless, sugge- ' stions of Thomas Revel and Daniel Leeds, two mem- ' bers of the queen's council, by which they were kept ' out of the assembly : We are too sensibly touch'd with ' that procedure, not to know what must be the una- * voidable consequences of a governor's refusing to swear 'which of the members of an assembly he thinks fit; ^ but to take upon himself the power of judging of ' the qualifications of assembly-men, and to keep them * out of the house (as the governor did the aforesaid ' three members nigh eleven months till he was satis- ' fied in that point) after the house had declared them ' qualified ; is so great a violation of the liberties of ' the people, so great a breach of the privileges of the * house of representatives, so much assuming to him- ^ self a negative voice to the freeholders election of ' tiieir representatives, that the governor is entreated to ^ pardon us, if this is a different treatment from what ' we expected : It is not the effects of passionate heats, ^ the transports of vindictive tempers ; but the * serious resentments of a house of representatives, for ' a notorious violation of the liberties of the people, to * whom they could not be just, nor answer the trust * reposed in them, should they decline letting the 'governor know they are extremely dissatisfied at so ' unkind a treatment, especially when its causes and ' effects conspire to render it so disagi'ceable. ' It is notoriously known, that many considerable ^ sums of money have been raised to procure the disso- ' lutiou of the first assembly, to get clear of the pro- ' prietors quit-rents, and to obtain such officers as the ^contributors should approve of; this house has great ' reason 294 The history A. D. 1707. reason to believe, tlie money so gathered was given to- lord Cornbury, and did induce him to dissolve the then assembly, and by his own authority keep three members out of the next assembly, and put so many mean and mercenary men into office ; by which cor- rupt practice, men of the best estates are severely harrassed, her majesty's good subjects in this province so impoverished, that they are not able to give that support to her majesty's government as is desired, or as they would be otherwise inclined to do ; and we cannot but be very uneasy when we find by these new methods of government, our liberties and properties so much shaken, that no man can say he is master of either, but holds them as tenant by courtesy and at will, and may be stript of them at pleasure : Liberty is too valuable a thing to be easily parted with, and when such mean inducements procure such violent endeavours to tear it from us, we must take leave to say, they have neither heads, hearts, nor souls, that are not moved with the miseries of their country, and are not forward with their utmost power lawfully to redress them. ' We conclude, by advising the governor to consider what it is that })rincipally engages the affections of a })eople, and he will find no other artifice needful than to let them be unmolested in the enjoyment of what belongs to them of right ; and a wise man that despises not his own happiness, will earnestly labour to regain their love. By order of the house, ' Samuel Jenings, speaker.^ By this remonstrance may be seen much of the history of the times, and that tho' things were carried to arbitrary lengths, there were not wanting in the pro- vince, men of discernment to see and lament the un- happy situation of their country, and of spirit to oppose it's greatest enemies ; several such were in this * assembly Of new-jersey. 295 assembly, the speaker in particular,"- had very early A. D. known New-Jersey, had lived thro' many changes and commotions, to see great alterations in it; much concerned in publick transactions, he knew what belonged to a public character; he had governed the western part of the Province for several years, with integrity and reputation ; saw the advantages of a just confidence, and that it could not be acquired another way; that though the office was in itself re- spectable, it was the honest execution of it according to it's dignity, that produced the intended service, and secured the approbation of a kind but watchful mistress ; for such queen Anne was accounted to her governors. Jenings was also undaunted, and lord Cornbury on his part, exacted the utmost decorum; while as speaker he was delivering the remonstrance, the latter frequently interrupted him with a stop, whafs that, &c. at the same time putting on a countenance of authority and sternness, with intention to confound him; with due submission, yet firmness, whenever interrupted, he calmly desired leave to read the passages over again, and did it with an additional emphasis upon those most complaining ; so that on the second reading they became more observable than before ;"• he at length got through ; when the governor told the house, to attend him again on Saturday next, at 11 o'clock, to receive his answer ; he did not get ready till the twelfth, when sending for the house, he delivered his answer. n. Lewis Morris, also now distinguished himself with great acti- vity in behalf of privilege, and had a large share in the whole conduct of this assembly ; of him more hereafter. 0. After the house was gone, Cornbury with some emotion, told those with him, that Jenings had impudence enough to face the D—l. CHAP. 296 The history A.D. 1707. CHAP. XVI. Lord Cornbury's ansiver to the assembly's remonstrance, ' Gentlemen, ON thiirsday last I received a paper from you, which you call a remonstrance ; I then told you, it was of an extraordinary nature, and contained many particulars, which tho' they lay open enough to receive an immediate answer, yet because I Avould not put it in your power to say I had given you a rash inconside- rate answer, I would make no return to it till the Saturday following, at Avhich time I sent you word by the secretary, that I should not expect your attendance till this day. I shall not take notice of any thing in your preamble, but the two last clauses of it; in the first of which you say, that you have reason to think that some of your sufferings are owing to the gover- nor's long absence from this province, which renders it very difficult to apply to him in some cases that may need a present help : This is so far from being true, that besides my being twice in this province every year, and have never staid less than a Month, some times six weeks, or more, the post goes every week to New- York, by which I may be easily in- formed of any emergency ; moreover the lieutenant governor, colonel Ingoldsby, resides constantly in this province, and would certainly have done right to any persons that would have complained to him ; which makes this allegation very frivolous. ' In the next clause you say, that it were to be wished that the affairs of New- York would admit the governor oftener to attend those of New-Jersey. The affairs of New- York have never hindred the gover- nor from attending those of New-Jersey, whenever it has been requisite ; and I can safely say, I don't know of any grievances this province labours under, except it be the having a certain number of people O F N E W - J E R S E Y . 297 * in it, who will never be faithful to, nor live quietly A. D. ' under any government, nor suffer their neighbours ^'"'* ' to enjoy any peace, quiet or happiness, if they can ' help 'it. ' I now begin with your articles. ' Two women that have been condennied for mur- ' dering, have not been executed, there having appeared ' most notorious malice and revenge in some people, ' who were zealous in these prosecutions ; the queen ' is the fountain of honour, justice and mercy ; and ' as she is so, she may when she pleases, exert her mer- ' cy, either in reprieving or pardoning any criminal : ' That power of pardoning and reprieving after con- ' demnation, the subjects of this province, her majesty ' has been pleased to intrust me with ; and I am no ' ways accountable to any person or number of persons * whatsoever, for what I do in those matters, but to tiie ' queen's majesty alone. ' As for what you say, with relation to the appre- ' hensions you have, that just heaven will not fail to- ' pour down vengeance upon your already miserable ' country, if these criminals are not made to sufter ' according to their demerits : I am of opinion, that ' nothing has hindered the vengeance of just heaven ' from falling upon this province long ago, but the ' infinite mercy, goodness, long suffering, and forbear- ' ance of almighty God, who has been abundantly ' provoked by the repeated crying sins of a perverse ' generation among us, and more especially by the ' dangerous and abominable doctrines and the wicked ' lives and practices of a number of people ; some of ' whom under the pretended name of christians, have ' dared to deny the very essence and being of the saviour ' of the world : It is a strange thing, that such an assem- ' bly of men as the representatives of the ])Cople of this ' province are or ought to be, should complain of any ' thing under the name of liardship, belbre they had ' informed themselves whether the thing they had a mind ' to complain of, were really a hardship or not : Thia ' plainly is your case at this time ; for if you had asked any 288 The history A. D. 1702. ' any man, that knows any thing of the practice of * the law in England, you would have found, that * if any proceedings had been carried on against any ' persons supposed to be guilty, they have always * paid the court fees, notwithstanding the grand jury * have not found the bill ; and this is so known a * practice, that it is not to be disputed ; but when men * will intermeddle with, or pretend to things which * they neither know nor understand, they cannot * fail of misguiding themselves, and misleading those * that have a mind to be guided by them. ' Indeed, if juries in this country were as they ought *to be, the supposition might in some measure be * allowed ; but we find by woful experience, that there 'are many men who have been admitted to serve upon ' grand and petty juries, who have convinced the world * that they have no regard lor the oaths they take, espe- * cially among a sort of people, who under a pretence * of conscience, refuse to take an oath ; and yet many * of them under the cloak of a very solemn affirmation, ' dare to commit the greatest enormities, especially if ' it be to serve a friend, as they call him ; and these are * the designing men, and the vindictive tempers, of * which all the queen's good subjects ought to beware, ' and be protected from ; and these are the crying sins ' which will undoubtedly draw down the vengeance of *just heaven upon this province and people, if not * timely and seriously repented of. ' If I could persuade myself to wonder at any of the * enormities contained in this remonstrance (and * which I would do if it came from any other men) it ' should be at this ; because no reasonable man can * persuade himself to believe, that a number of men * chosen by their country to represent them, would pre- * sume to complain of a thing as a grievance, when the * thing complained of is in fact not true ; for the office * of probate of wills is wherever the governor is ; con- * sequently not at Burlington only : Ever since the queen * has done me the honour to entrust me with the govern- * ment of this province, I have never failed of being 'in O F N E W - J E R S E Y . 299 'in the province twice every year, once at Burlington, ^;:^- * and once at Araboy ; except the last year, that I had ^''07. '' the unspeakable misfortune of losing a wife, whom * I loved as my own soul, after a very long tedious * sickness, during which lam persuaded no I'casonable ' man could expect I should leave her for any time; and * yet notwithstanding that, I vvas twice at Am boy last ' year, where any body that had a will to prove, might * have had it done if they had pleased ; besides my ' being twice every year in the province, considering ' the remoteness of Cape-May county and the county * of Salem, I did appoint a surrogate at Burlington, ^ before whom any of the inhabitants of either division ^ might have had their wills proved ; I did not think ^ it necessary to appoint one in the Eastern division * because the inhabitants of that division who are most * remote from New- York, are within a very easy day's 'journey of my surrogate at Burlington, and much the ' major part of the people of that division, are within *a small day's journey of New- York, where their pri- * vate affairs daily calls many of them, and where any * of them may have their wills proved without any 'injury to, or encroachments u])on their pivjperties, ^ rights or privileges : This is so certain a truth, that I ' am persuaded all judicious and impartial men will * look upon this "iomplaint to be malicious, scandalous, ^ and frivolous, contrived only to amuse poor ignorant ' people with notions of grievances ; when in truth * there is no manner or cause of complaint : Besides * what you desiie, is a direct invasion of the queen's * prerogative ; for it belongs to her majesty alone to ^ appoint who shall take probate of wills, and grant * letters of administration ; and that power the queen * has been pleased to vest in the governor ; and I am * sure I will never so far betray the trust her majesty has ' honoured me with, as to sacrifice her prerogative * royal, to the humours of any person or persons what- ' soever : But of all the people in the world, the qua- * kers ought to be the last to complain of the hardships ' of travelling a few miles upon such an occasion, who ' never 300 The history ' never repine at the trouble and charges of travelling ' several hundred miles to a yearly meeting, where it is ' evidently known, that nothing was ever done for the * good of the country, but on the contrary continual * contrivances are carried on for the undermining of ' the government both in church and state. ' You have liad as little regard to the truth of mat- * ter of fact in this complaint, as in some of the rest ; ' for it is certain, that the secretary's office is kept at * Amboy, as well as at Burlington, as far as the na- * tare of the thing requires, and it cati admit of, for the ' records of the eastern division, or at least so many of ' them as the agent for the proprietors of that division * could hitherto recover from one Thomas Gordon, ' into whose hands they were put in the time of the pro- ' prietors government, and who has embezzled several * of them, for which he must be answerable : there is a * supreme court held once every year at Amboy, there ' is no more at Burlington ; so that one division does not ' enjoy more privileges and advantages than the other ; ' and you have no more reason to desire a secretary's office ' to be settled at Amboy, than the people of the county of ' Cumberland would have to desire a secretary of state'* * office to be settled in their county, because it is a great * way for them to travel to London when they have any * business in the secretary's office ; the thing is incon- ' sistent in itself, to have two secretaries offices ia the same * province, and consequently unreasonable, and I am ' pretty well satisfied without precedent ; besides I don't ' know any body that can claim the right or power of 'appointing a secretary in this province but the queen, 'and she has been pleased to appoint one under the * great seal of England, and her majesty is pleased to- ' think one sufficient, as undoubtedly it is ; but if you ' had thought that another had been necessary, it would ' have been much more modest to have acquainted me * with it, that I might have humbly represented it to her * majesty, rather than to have remonstrated that as a ' grievance, which is done in pursuance of the queen's * commands : But this is of the same nature with the 'rest Of NEW -JERSEY 301 ' rest of your complaints, contrived oo' purpose to a- A. D. * muse the poor ignorant people with a notion of grie- ^" ' vances, when in truth there is not the least colour or ' cause of complaint, I could wish, since you had a ' mind to colour this complaint with the authority of ' an act of parliament of England^ that you had * advised with some lawyer, to know whether this ' could be any ways brought under that statute, or ' can by any construction in the world be called a ' monopoly ; but where a man engrosses a commodity ' into his own hands, and imposes what unreason- ' able price he pleases upon that commodity, or where ' a man is suffered to enjoy any trade or occupation ' exclusive of others, to the prejudice of the pub- * lick, or particularly the hindering or burthening of * trade ; the thing now complained of is so far from ' being of that nature, that it is directly contrary ; for ' by the patent now complained of, the subjects of this ' province have the conveniency of sending such quan- ' titles of goods to and from Burlington and Amboy, 'as their private occasions, or the nature of their trade * requires, at reasonable and certain rates, and at certain * times, which they never could do before ; for before * the settling of this waggon, if any persons had occasion * to send any goods to or from either of those places, ' they were forced to hire a waggon, cho' perhaps they ' had not the tenth part of a load, and were forced to ' pay such rates as the owners of the waggon thought ' fit to impose upon them ; whereas at present every ' body is sure once a fortnight to have an opportunity of ' sending any quantity of goods, great or small, at ' reasonable rates, without being in danger of being * imposed upon at the will of the owner of the waggon ; ' and the settling of this waggon is so far from being a ' grievance or a monopoly, that by this means and no ' other, a trade has been carried on between Philadel- ' phia, Burlington, Amboy and New- York, which ' was never known before ; and in all probability would ' never have been, had it not been for this certain * convenient way of sending such quantity of goods 'as 502 The history as people pleased from place to place ; and in all the parts of Europe, the having publick carriages for goods has always been esteemed of absolute necessity, and the want of them has been looked upon as a hard- ship : But it seems those things which in the wisest and best governments in Europe, have not only been thought convenient but esteemed of absolute necessi- ty, are found out by some of our wiser people here, to be grievances and monopolies: This being un- doubtedly true, it's plain the patent complained of cannot come within the stat. of the 21 Ja. 1. chap. 3. This I believe will be sufficient to convince all reason- able men, how frivolous and unreasonable this com- plaint is. I shall observe, that when I was first applied to for a patent for the allowing this waggon, which was by one Dellaman, who in colonel Hamilton's time was permitted to drive a waggon for carrying goods, tho' under no regulation, either with respect to times of going, or prices for carrying goods, and then was no monopoly ; before I would grant it, I did acquaint the council with it, and desired them to let me know, if they apprehended any inconveniency in granting such a patent ; those gentlemen were all of opinion, there could be no inconveniency in it, but rather a great conveniency ; and indeed experience has proved that opinion to be true; nay, mr. Lewis, Morris himself, the chief promoter of these unreason- able and frivolous complaints at this time, who had the honour to be one of her majesty's council, ex- pressed himself very fully to that purpose : Indeed had that gentleman ever been consistent with himself in any two actions of his life, I should wonder how he could so soon alter his opinion in a case of that nature ; but his behaviour at all times having fully convinced the world that he never was so, makes me cease wondering : This clause of your remonstrance is indeed of a more extravagant nature than the former, for you presume to call that a great grievance, and afi&rm it to be directly contrary to magna charta, and contrary to the queen's express directions in the ' governor's Of NEW--JERSEY. 303 governor's instructions; which is most certainly ex- A^ D. actly pursuant to, and in obedience of the express words contained in the queen's instructions to the governor ; so that you make the governor's faithful obedience to the instructions the queen has honoured him with, to be a great grievance ; which is no less than accusing her most sacred majesty, the best of queens, of comnumding her governor to do things which in themselves are great grievances ; how grate- ful a return this is to her majesty, for the repeated favours she has been pleased to shew to this province and people, let the world judge ! ' That clause of my instructions which you recite in this article, has no manner of relation to fees ; in- deed there is another clause in my instructions, which directs how, and by whom, all fees shall be settled, and the queen's commands have been observed ; the words of the clause are those, " And you are with ' the advice and consent of our said council, to take ' especial care to regulate all salaries and fees belonging to places, or paid upon emergencies, that they be witliin the bounds of moderation, and that no exac- tion be made on any occasion whatsoever ; as also that tables of all fees be publickly hung up in all places where such fees are to be paid, and you are to trans- mit copies of all such tables of fees to us, and to our commissioners for trade and plantations as aforesaid ; " and I challenge every one of you, and all mankind, to shew, how, when, and where, any man's life, member, freehold, or goods, have been taken away, or harmed in this province, since it came under her majesty's government, otherwise than by established and known laws, not repugnant to, but as much as may be, agreeable to the laws of England : AVhen I first read this clause, I could not imagine what it was put in for, unless it were on purpose to arraign the queen's express commands to me. First, Mr. Son- mans is not the pretended agent, but the lawfully constituted agent for the proprietors of the eastern division of this province, and has Qualified himself ' according 304 The HISTORY A. D. < according to the queen's instructions to me, and he 1707. < (jQgg j-eside the greatest part of his time in the pro- * vince ; the records are not carried out of the Eastern 'division, unless it be those which Thomas Gordon ' has imbezzled ; but those that came to the hands of 'Mr. Sonmans are kept at Amboy, where any body * may have recourse to them that will desire it, at any ' reasonable hour ; and the country is not under any 'disappointment upon that account; besides the records ' of the Eastern division were put into the hands of the ' proprietors agent, by an order from England, upon a ' complaint made in England, that the records were ' not in the hands of the proprietors agents. " These, governor, are some of the grievances." ' This is certainly one of the boldest assertions that * ever was made, especially when there appears no man- ' ner of proof to make it out : When I read these two 'clauses; for there are two before you come to enume- ' rate these grievances of an higher nature, and attend- ' ed with worse consequences, I expected to have found * myself, or some other persons intrusted with me in ' the administration of the government over her ma- ' jesty's subjects in this province, not only accused, but ' made ])lainly appear, by undeniable manifest proofs, ' beyond the possibility of a contradiction, to be guilty of 'the most enormous crimes: Who can imagine when ' such a body of men, as the representatives of a pro- * vince, venture to say, that they did expect when the ' government of the Jersies was surrendered, to feel the * influences of the queen's mild government under her ' more immediate administration, and to be protected ' in the full enjoyment of their liberties and properties ; ' the last of which they thought themselves a little more ' secure in, than some of the neighbouring plantations, ' and had an entire dependance that her majesty's royal ' bounty and goodness would never be wanting to make ' them easy and happy, even beyond their wishes ; it is ' their misfortune, that they must say, the success has ' not answered the expectation ; and the queen's sub- ' jects here have felt the reverse of what they had most 'reason Of NE\y- JERSEY. 305 •' reason to hope that the greatest and best of princes ■^- ^' ' is without all peradventnre ignorant of their pres- ^ sures, or they had long since had relief; she is too ' good to continue even the deserved s.uiferings of the ^ miserable, and has more of heaven in her, than not ' to hear the cries of those that groan under oppression 'and the unkind effects of mistaken poAver, to whom ' they owe their misery ; who would not, I say, after 'such assertions, expect to see the governor proved ' guilty either of treason, or betraying the trust re- ' posed in him by the queen, by depriving the subjects ' of their lives, their estates or properties, or at least ' denying them justice, and pervertiug the laws, to the * oppression, instead of administring them for the pro- ' taction and preservation of the people committed to * his charge? These or the like crimes manifestly proved, ' are the only things that can justify men in the accus- ' ing a governor of corrupt practice, and of shaking ' the liberties and properties of the people ; but if ' none of these things can be proved, but on the con- ' trary, it does appear plainly, that no one act of seve- ' rity, much less of injustice or oppression, has been ' done since the government of this province came un- ' der the queen, but that there has been an impartial, 'just and equal administration of justice observed thro' * o*it the whole course of my government, and that ' many acts of mercy have been extended to persons ' who deserved to be severely punished ; then what sort ' of creatures must these bold accusers appear to be, in ' the eyes of all impartial and judicious men ! That ' these are truths beyond all contradiction, and which ' all the people of this province know, I do challenge ' you, and every one of you, to prove the contrary : ' And tlio' I know very well, that there are several ' unquiet spirits in the province, who will never be ' content to live quiet under any government but their ' own, and not long under that neither, as appears by ' their methods of proceeding when the government ' was in the hands of the proprietors ; when many of ' these very men who are now the remonstrancers, were U 'in 306 The history ' in authority, and used the most arbitrary and illegal ' methods of proceeding over their fellow subjects- ' that were ever heard of; yet I am satisfied, there are- ' very few men in the province, except Samuel Jen- ' ings and Lewis Morris, men known neither to have 'good principles, nor good morals, who have ventur- * ed to accuse a governor ot such crimes, without any * proof to make out their accusation ; but thev are ea- ' pable of any thing but good. ' But that the unreasonableness of these complaints * may appear the plainer, let us consider what these ^enormities of mine are, that have turn'd the benign ' influences of the queen's mild governmeut into op- ' pression, and the unkind effect of mistaken power : * First, by the instructions her most sacred majesty the * queen has honoured me with, I am to allow all such ' agents as the general proprietors shall appoint, such * agents qualifying themselves by taking such oaths as ' the queen is pleased to direct, and no others ; no per- ' sons under the name of a council of propriet(jrs have ' ever tendered themselves to take those oaths, conse- ' quently they are not capable of acting as agents ; 'Besides, I say, those people who call themselves a ' council of proprietors, are a parcel of people, pre- ' tending to act by a power derived from certain per- ' sons, who have no power to grant; the governor has ' therefore done in this case nothing but his duty, in ' hindering, as far as in him lay, that pretended coun- ' cil of proprietors from acting illegally, which they ' have long done to the prejudice of her majesty's sub- 'jects: This is a truth I cannot doubt of, because be- ' sides the other reasons I have to satisfy me in that ' point, you have voted my putting the records of the ' eastern division into the hands of Peter Son mans, to 'be a grievance; tho' Mr. Sonmans has qualified him- ' self long ago ; so that the council of proprietors not ' having qualified themselves at all, is a much greater * grievance. By the queen's instructions to me, she * is pleased to direct, that no person shall be capable of * being elected a representative by the freeholders of ' either OfNEW -JERSEY. 307 * either division, or afterwards sitting in general assem- A. D. ' bly, who shall not have one thousand acres of land, ^^^^* *of an estate of freehold in his own right, within the ' division for which he shall be chosen ; two gentlemen ' of the council informed me, that three persons, ' whose names they then mentioned, were not qualified ; ' upon which I refused to take their attestations (for ' they were all Quakers) and in so doing, I did my ' duty : I recommended it to the assembly at that time ' to proceed in the first place, to enquire into that matter ; ' but they did not think fit to do it, till they had sat ' about three weeks, and then they sent me a message, * to desire those three members might be sworn, lor * they were satisfied they were qualified ; I sent them * word, that if they would communicate to rae the * proofs which had satisfied them, I should be ready to ' admit them ; but that they would not do : In some few ' days the assembly was adjourned to meet at Burling- ' ton, where they met at the time appointed, and sent ' me the same message as they had done before ; I sent ' them the same answer ; upon which they ordered the ' three members to produce to me the proofs of their ' qualifications ; which having done, I admitted them ' immediately, which I could not do before, without * breaking the queen's instructions ; so that it was en- ' tirely through their own stubborness that they were * not admitted sooner, and no intent or desire of mine to ' keep them out : If I had had a mind to keep any mem- * bers out of the house, I could have made objections * which they could never have answered ; but such * practices are below me ; and it is not true, that I have * made any violation of the liberties of the people, nor * have assumed to myself a negative voice to the free- * holders election of representatives, as this house of * representatives has lately most notoriously done : But * of that more anon.' ' Indeed the treatment I have met with from this * house of representatives, is far different from what I * and all reasonable men expected from most of them, * thinking them endowed with reason and common * justice 308 The history A. D. 1707. 'justice to mankind ; but it is not different from what I ' expected from Samuel Jenings and Lewis Morris, * two men notoriously known always to have been ' disturbers of the quiet and peace of this province, * men always possessed Avitlji passionate heats, and the * transports of most vindictive tempers, but never * capable of sucn serious resentments as would become *■ a liouse of representatives, if there were any occasion * given them to shew any ; how they have been able to *■ prevail with the major part of the house to join with ^ them, in destroying as far as in them lay, the reputa- * *ion of a gentleman who has the honour to serve the ' queen as governor of this province, and is so far ' from deserving such treatment from them, that he * has always done to the utmost of his power, for the * good, welfare and prosperity of this province and * people, and would have done much more if the * assembly would have put it into his power, by pre- * paring such bills as the governor at the beginning of ' every sessions has recommended to them, and the *■ condition of the country required ; but that they must '■ answer for lo God and their own consciences, and ' perhaps one day to me. ' Whether many considerable sums of money have * been raised or not, I know not ; and if they were * raised, for what incent and purpose they were raised I ' know not ; but tins I know, that if any money was ' raised, it was not given to me, nor was ever any mo- ■ ney offered to me to procure the dissolution of the * first assembly, or to get clear of the proprietors quit * rents, or to obtain such officers as the contributors ■ should approve of, as is falsly alledged : The reasons ' why I dissolved the first assemby were evident to all ' mankind ; for it was plain that house never intended ' to do any thing for the support of the queen's govern- ' ment, nor for the good of the country ; and indeed *■ better could not be expected from an assembly so cor- ' ruptly chosen as that was ; for some of the now * remonstrancers, and some other people, prevailed * with Thomas Gordon, then sheriff of the county of '■ Middlesex, O F N E W - J E R S E Y . 309 'Middlesex, to refuse a poll when demanded; and A. D. 'when the people, injured by that practice, complained ^'^~' ' to the house of representatives, they had a day * assigned them to be heard, but were limited to bring ' but twenty witnesses ; the i)eople attended at the day 'a])pointed, with the number of witnesses they were ' allowed to bring, but were then by the house refused ' to be heard, not only by themselves but by their ' council, and their witnesses refused to be examined ; ' tho' at the same time they heard Thomas Gordon, 'who was conij)lained against, and did examine some 'witnesses on his behalf; upon which the petition of 'the complainants wiis dismist, thereby su))porting the 'illegal proceedings of the sheriff; this was a viola- ' lation of the rights of the people with a vengance, 'and a sufficient reason, (if I had no other) for the ' dissolving that assembly, that the people might once ' more have a free choice of their representatives : As ' for getting clear of the })roprietors quit rents, it is ' such an absurdity to mention, that no body would be 'guilty of it but Samuel Jenings and Lewis Morris; ' for it is evident, that at the beginning of every sessions ' I have recommended it to the assembly, to prepare a ' Bill or Bills, for settling the rights of the proprietors; 'which I suppose will be a full answer to that part; ' and as I know of no such men as contributors, so ' can I have no such application made to me : I have ' not knowingly put any mean or mercenary men into ' office ; indeed at my first coming into the ' government of this province, I desired the gentle- ' men of the council, to recommend persons to me fit ' to be put into offices, military and civil ; several of ' them gave me lists, and amongst the rest mr. Lewis ' Morris gave me one, which I have still by me, in ' \vhich indeed, by experience, I find there are some ' mean, -scandalous men ; but I cannot accuse any body ' else of doing the like. Thus much I thought niy- ' self obliged to say, in answer to your remonstrance, ' to satisfy the world of the falshood of your allegations ^ and the unreasonableness of your complains. I have 'said 310 The history A. D. 1707. said the less in answer to the scandalous reflections you have cast upon me, because I do not doubt, but upon my most humble application to her most sacred ma- jesty the queen, siie will be graciously pleased to allow me to take such measures as may be most proper to procure me ample satisfaction, for the great and extravagant injuries you have done me : As for the advice you conclude with, I shall only say, that I can never answer the taking advice from men who do not know how to govern themselves, and who have always opposed the service of the queen, and the interest and good of the country, which are inseparable. * Now, gentlemen, I shall take notice to you of some of your late unaccountable proceedings in this assem- bly, which I can't pass by without a breach of the trust reposed in me by her majesty ; and first, I shall observe, that at the opening of* the sessions, I recom- mended to you the settling a revenue, and the preparing several bills which I thought might be useful for the country ; and I told you, that if you found any thing else necessary to be provided for by a law, you should always find me ready to agree to any thing that might be reasonable; but instead of proceeding upon those things so necessary, that they ought to have employed your first thoughts, you have squandered away your time in hawking after imaginary grievances, for the space of one whole month, without making one step towards the service of the queen, or the country ; you have presumed to take the queen's subjects into the custody of the Serjeant at arms, who are not members of your house ; which you can't lawfully do ; and is a notorious violation of the liberties of the people ; you have taken upon you, to administer an oath to one of your members, and have expelled him the house for refusing to take an oath, which you could not legally administer to him : This is most certainly robbing that member of his property, and a most notorious assuming to yourselves a negative voice to the freeholders election of their representa- * tives ; Of NEW-JERSEY. 311 * tives ; for which there can be no precedent found : A. D. * You have arbitrarily taken upon you, to command ' ' the high sheriff of this county, to discharge a prisoner * who was in his custody, at the suit of one of the * queen's subjects ; and he has been weak enough to do * it, for which he lies liable to be sued for an escape, ' whenever the gentleman thinks fit to do it ; and from * which you can't protect him : This is a notorious * violation of the rights of the subjects, and a manifest 'interruption of justice: You have taken upon you, to * appoint one of your members to act as clerk of the ^ committee of the whole house, which you have no ' power to do ; and the party officiating is liable to be * prosecuted for acting without lawful authority, and ^ without being qualified to act. These, gentlemen, ^ are some of the irregularities you have been guilty of * this sessions ; some of them are encroachments upon * the queen's prerogative, the rest are all notorious * infractions upon the liberties and properties of the ^ people. * I was going to conclude, with giving you some ^wholesome advice; but I consider that will be but * labour lost, and therefore shall reserve it for persons * who I hope will make a right use of it. CHAP. XVII. The CLSsembly's reply to Lord Oornbury's answer to their remonstrance. THE assembly did not immediately go upon the con- Fauco- sideration of a reply, having before them the trea- ^^^^^'^ surer, Peter Fauconier's accounts, in which they found many articles extraordinary in their nature, several of them being paid by Cornbury's order barely, and the whole without vouchers ; they sent for him ; he attend- ing, refused to lay his vouchers before them without the governor's commands; two members were sent to the governor 312 The HISTORY A. D. governor, to desire him to order the treasurer to lay the vouchers of his accounts, and the orders for the pay- ment of the sums therein mentioned before them ; the governor said, he had already ordered it, though it was what he could not legally do, because the lord high treasurer had appointed an auditor general for the pro- vince, and he not being in it, had deputed one to audit the accounts, and that the treasurer was accountable only to the lord high treasurer ; but if the house was dissatisfied with any articles in the accounts, and thought proper to apply to hira, he would satisfy them : This was not done ; and the accounts, extraor- dinary as they were, remained unsettled till flunter'a administration several years alter. Several bills of con- sequence were now also under consideration ; but Corn- bury, apprehensive, that if he suffered the sessions to- continue much longer, it would produce something not to his advantage, on the 16th adjourn'd the house till the next September, to meet him at Amboy. In the October following they met accordingly : The first thing now concluded on, was a reply to the foregoing answer to their remonstrance ; next place, they resolved N. C. D. that they would raise no money till the governor consented to redress the grievances of the country; which if he did, they would raise £. 1500, for support of government for one year. On the 28th, the house sent a committee to acquaint the governor, that having seen his answer to their remonstrance in print, they thought fit to make a reply to it, and desired to know when he would admit them to wait on him with it ; the governor said, he would return an answer in due time ; they waited for his message till next day, and then concluding he in- tended to elude giving them opportunity of presenting it, sent a committee with it, but he would not receive it; Of NEW -JERSEY. 313 it;P- upon which they ordered it to be entered in their A. D. journal, as follows : ' May it please your excellency, vV^E, the representatives of this her majesty's pro- ' vince of New-Jersey, finding her majesty's subjecte ' greatly, and as we are very well satisfied with good rea- ' son, aggrieved ; thought we could not answer the trust ' reposed in us by our country, should we not endea- * vour to get those hardships removed under which they ' labour. ' It was needless to hunt after imaginary grievances, ' real ones in too great numbers presenting themselves ; 'and though from you we have miss'd of obtaining ' that relief that the justice of our complaints intituled ' us to ; yet we do not dispair of being heard by her ' sacred majesty, at whose royal feet we shall in the ' humblest manner lay an account of our sufferings ; * and however contemptible we are, or are endeavoured ' to be made appear, we are persuaded her majesty will ' consider us as the representatives of the province of ' New-Jersey, who must better know, what are the * grievances of the country they represent, than a go- * vernor can do, -who regularly ought to receive infor- ' mations of that kind from them ; and we do not ' doubt that glorious queen will make her subjects ' here as easy and happy as she can. ' When we told your excellency, we had reason to ' think some of our sufferings were very much owing ' to your excellency's long absence from this province^ ' which rendered it very difficult to apply to your lord- ' ship in some cases that might need a present help, we ' spoke truth ; and notwithstanding all your excellency ' has p. Tlieir niessage to introduce it he received, and the next day laid it before the conncil. as follows: 'The house of representatives 'having sent a niessage to your excellency, to know when your ' excellency would be waited upon with a reply this house has 'made to your excellency's answer to tlieir remonstrance ; and your ' excellency having not, as is usual in such cases, assigned them any 'time, they have appointed us to wait on your excellency with the 'said reply, and to delirer it to you.' 314 The HISTOEY * has said of a months or twelve weeks in a year, and * the weekly going of a post ; we cannot be per- * swaded to believe, that nine months and upwards in a ^ year, is not a long absence, especially when the seal ' of the province is carried and kept out of the govern- * raent all that time; and the honourable colonel * Ingoldsby, the lieutenant governor, so far from * doing right, that he declined doing any act of ' government at all ; whether he governs himself by ' your excellency's directions or not, we cannot tell ; but * sure we are, that this province being as it were with- ' out government for above nine months in a year, we * must still think it a great grievance, and not made less * so by carrying the seal of the province to New- York, ' and laying her majtisty's subjects under a necessity of * applying from the remotest part of this province, for * three parts of the year and better, to your excellency * at fort Ann, in New-York, from which place most * of the commissions and patents granted during your * excellency's absence, are dated, (by what authority * we shall not enquire) notwithstanding a lieutenant * governor resides in the province, and is by her ma- ^jesty's commission impowered to execute the queen's * letters patents, and the powers therein contained, * during your excellency's absence from this province * of New-Jersey ; without which powers given and * duly executed, a lieutenant governor is useless and an 'unnecessary charge; and we cannot think, that her ' sacred majesty, who honoured that gentleman with so * great a mark of her royal favour, as giving him a * commission for lieutenant governor of New-Jersey, ' did at the same time inhibit him from executing the * powers therein exprest. ' Things are sometimes best illustrated by their ' contraries ; and perhaps the most effectual way to * convince the world, that this complaint is frivolous * and untrue, as by your excellency alledged, would * be, for your excellency to bring the seal of the pro- * vince of New- York to Burlington, keep it there, * and do all the acts of government relating to the pro- vince Of new-jersey. 315 * vince of New- York, at Burlington, in New-Jersey, A. D, * for about three fourths of a year, and let the lieute- •^^^^* ^ nant governor reside at New- York during that time, * without doing any act of government, adjourn their * assemblies on the very day, or day before they are to ' meet, that they may not lose the advantage of * travelling to New-York, from the remotest part of * that province, and at a time when it cannot be done ' without the utmost prejudice to their aifairs ; it's ' hardly probable they would be pleased under such an ' administration, notwithstanding the cjise of inform- * ing your excellency every week by the post, of any ' emergency that might happen. ' We are apt to believe, upon the credit of your ex- ' cellency's assertion, that there may be a number of ' people in this province who will never be faithful to, * or live quietly under any government, nor suffer their * neighbours to enjoy any peace, quiet nor happiness, * if they can help it ; such people are pests in all go- ' vernments, have ever been so in this, and we know * of none who can lay a fairer claim to these characters * than many of your excellency's favorites. ' What malice and revenge were in the prosecution * of the condemned persons, we don't know ; we never ' heard of any till now, and hardly can be persuaded ^ to believe it's jjossible there should be in both the ' instances. ' It is not impossible, there might be malice in t4ie * prosecution of the woman who was condemned for * poisoning her husband ; there not being (as is said) * plain proof of the fact, but it was proved she had * attempted it before more than once ; and there were * so many other concurring circumstances as did induce * the jury, who were of the neighbourhood (and well * knew her character) to find her guilty, and it is hardly * probable their so doing was an act of malice. ' The woman who murdered her own child, did it ' in such a manner, and so publickly, that it is unreason- * able to suppose there could be any malice in the pro- *secution jf her, and we cannot think (notwithstand- *ing 316 The history A. D. 1707. ' ing your excellency's assertions) that you can or may ' believe there was. This woman was a prisoner in ' the sheriff's custody for breach of the peace, and ' going about some of the household affairs the sheriff" ' employed her in, with a knife in her hand, her child ' who was something froward, followed her crying ; 'upon \vhich the mother tuiuod back to it and cut it's * throat ; but not having cut it deep enough, the child 'still followed her all bloody, and crying, O ! mother 'you have hurt me ; the mother turned back a second ' time, and cut it effectually, and then took it up and ' carried it to the sheriff" or his wife, at whose feet she ' laid it: How far such a ^^•retch is entitled to the queen's ' favour, her ma,jesty can best tell, when she is made ' acquainted with the fact ; but sure we are, she never ' gave your excellency the power of pardoning wilful ' murder : Whether your excellency has or has not re- ' prieved them, you best know, and are only accounta- * ble to her majesty for your procedures therein ; tho' ' we have too much reason to believe, the favourable ' opinion your excellency has so publickly expressed of ' her, has been a great reason to induce her to make * her escape, which she has done. We thought it our ' duty, humbly to represent that matter to your excel- ' lency's consideration, and had reason to be apprehen- ' sive of tlie judgments of almighty God, whose infi- ' nite mercy has hitherto suspended the execution of * his justice, notwithstanding that great provocations ' have been given him, by impiety, prophaneness and * debauchery, under the mask of a pretended zeal for ' his glory, and love for his church : It is not our busi- ' ness to enter into religious controversies ; we leave 'them to divines, who ought best to understand things ' of that nature, and who may perhaps inform us what ' is meant by denying the very essence of the saviour of ' the world. ' We cannot yet be persuaded, that an innocent ' person should pay fees ; what the practice in England ' is, we did never enquire, but believe, that persons ' acquitted by a grand jury, do not pay those extra va- 'gant Op new-jersey. 317 *gant fees they are made to pay here; we did not A. D. ' govern ourselves by the practice there, but the unrea- * sonableness ol' the thing ; and your excellency does * grant, that what we say is in some measure to be ' allowed, were the juries in this country such as they ' ought to be ; we hope they are, and our experience has ' not convinced us, that persons who under pretence ' of conscience refuse an oath, have yet no regard for ' the oaths they take, as your excellency says. The ' temptations to resentment prove often too powerful, ' and irresistably engage us in unbecoming heats, and ' when the characters of men are written with pens ' too deeply dipt in gall, it only evinces a want of tem- ' per in the writer. Our juries here are not so learned ' or rich as perhaps they are in England ; but we doubt ' not full as honest. We thought the only office for ' probate of wills was at Burlington ; but your excel- ' lency has convinced us, that it is wherever your ' excellency is, and consequently may be at York, ' Albany, the east end of Long-Island, or in Con- * necticut, or New-England, or any place more remote * should your excellency's business or inclination call * you there ; which is so far from making it less a ' grievance, that it rather makes it more so ; and not- ' withstanding those soft, cool, and considerate terms ' of malicious, scandalous and frivolous, with which 'your excellency vouchsafes to treat the assembly of ' this province ; they are of opinion, that no judicious ' or impartial men, will think it reasonable, that the * inhabitants of one province should go into another ' to have their wills proved, and take letters of admi- * nistration at Fort Ann, from the governor of New- ' York, for what should regularly be done by the ' governor of New- Jersey in Jersey, to which place ' all the acts of government relating to New-Jersey, ' are limited by the queen's letters patents under the ' great seal of England ; and when your excellency is ' absent from New-Jersey, to be executed by the lieu- ' tenant governor ; and' by the said letters patents not * the least colour of authority is given to your excel- lency. 318 The HISTORY A. p. ' lency, to do any act of government relating to 170<. * New-Jersey, any where but in Jersey; nor is there * any instruction (that we know of) contradicting the * said letters patents any where upon record in this * province, to warrant your excellency's conduct in that ' affair : If this be not cause, and just cause of com- * plaint, we do not know what is ; we are inclined to * believe, the province of New- York would think it ' so, were they to come to Amboy or Burlington, to prove wills, on you " to command the high-sheriff of this country, to dis- " charge a prisoner who was in his custody at the suit " of one of the queen's subjects ; and he has been weak " enough to do it, for which he lies liable to be sued for " an escape, whenever the gentleman thinks fit to do it, " and from which you can't protect him ; this is a " notorious violation of the right of the subject, and " a manifest interruption of justice." Answer: The ' person we ordered to be discharged, was an evidence 'attending by order of the house, and under the pro- ' tection of this house; who were only wanting to 'themselves, in not sending the high-sheriff and law- 'yers to the same place, for daring to otfer so puhlick 'an affront to the representative body of a country. ' Fourthly, " You have taken upon you to apjioint " one of your members to act as clerk of" the committee " of the whole liouse, which you have no [)o\ver to do, " &c." Answer : Your excellency has been so very 'much mistaken in all the foregoing ckuises, that we ' have great reason to believe you are so in this : This ' house has always, till of late, made their own clerks, 'and your excellency cannot shew us any law why we ' may not do it still, should we think fit to insist on it : ' We have made no encroachments on her majesty's 'prerogative royal, nor never intended to do it, but 'shall to our utmost, study to preserve it, and honour- * ably support her government over us, and hope your * excellency will think it for the service of the queen 336 The HISTORY A. D. * to comply with our reasonable desires ; whicli will 1707. < \Qry much encourage us so to do. * Divers of the members of this assembly being of the people 'called Quakers, do assent to the matter and substance, but make ' some exceptions to the stile. By order of the house, ^- \2llTim^' Sam. Jenings, speaker.' CHAP. XVIII. Memorial of the West-Jersey proprietors residing in England, to the lords commissioners for trade and plantations: The lieutenant governor, loith some of the council, address the queen: The last meeting of assembly, under Cornbury's administration : They con- tinue their complaints : Samuel Jenings' s death and character. THE foregoing proceedings being by connection necessary together, has delayed the following memorial a little out of course as to strict order of time : The western proprietors residing in England, had much resented Cornbury's treatment of the inhabitants, especially in relation to the three members being kept out of the assembly, by which he gained a majority devoted to his measures ; and thus they complain. ' To the right honourable the lords commissioners for ' trade and plantations. ' The humble memorial of the proprietors of the * Western division of the province of New-Jersey, * in America. ' We humbly acknowledge your lordships great ^justice, in making the terms of our surrender of go- ' vernment, part of the lord Cornbury's instructions * relating to the said province ; and heartily with his * excellency had given us occasion of acknowledging * his due observation of the instruction, instead of * troubling Of NEW-JERSEY. 337 * troubling your lordships with a complaint of his A. D. * breach of them, which we are fully assured from ^^^^' ' undoubted testimonies his excellency has made in the * following instances ; and tho' he endeavours to palliate ' his proceedings there, by frequently and publickly •* asserting, that your lordships consented to no terms * upon our surrender ; yet were that as great a truth * as it is a mistake, and those instructions had been * only of grace and favour, we conceive him to be ' obliged, and ourselves intituled to his punctual obser- * vation of them. ' It is one of the terms consented to by your lord- ' ships, and one of his excellency's instructions from ' your lordships ; that the general assembly shall con- * sist of four and twenty representatives ; two to be * chosen by the inhabitants, housholders of the city or * town of Perth-Amboy ; two by the inhabitants, ' housholders of the city or town of Burlington ; ten ' to be chosen by the freeholders of the eastern, and ' ten by the freeholders of the western division ; in * which election, every elector is to have one hundred * acres of freehold land in his own right, within the ' division for which he shall choose ; and every person * elected is to have one thousand acres of freehold * land in his own right, within the division for wiiich * he shall be chosen. * This instruction, which we relied on as the chief * security of our estates in that province, his excellency * has not only violated, but has totally destroyed that ' part of our constitution ; and in such a manner as * will render all assemblies a meer piece of formality, ' and only the tools of a governor's arbitrary pleasure. ' For setting which proceeding in a due light, we ' must crave leave to lay before you lordships the ' account we have received of it from our agent, and ' other reputable persons of that province. ' An assembly having been called and chosen, in ' the year 1703, pursuant to your lordships instruc- ' tions, prepared bills for settling the rights of the * proprietors and planters, and for raising a revenue Y 'of 338 The history ' of thirteen hundred pounds per annum, for three 'years, (which they knew was the utmost the country * could bear) for the support of the government ; but ' his excellency requiring a greater sum, several persons, ' our constant enemies and invaders of our proprieties, ' and who therefore opposed the bill for settling our ' rights, undertook to procure an assembly more ' obedient to his excellency's demands ; and by that 'and other arguments, which out of regard to his ' honour, we choose to wave the mention of, prevailed * upon him to dissolve that assembly, and to call another ' to sit in November last; the writs were issued, and the ' election directed to be made, in such haste, that in one ' of the writs the qualifications of the persons to be ' elected was omitted, and the sheriff of one county * not sworn till three days before the election, and ' many of the towns had not any (much less due) notice * of the day of election ; but passing by these, and * many other illegal artifices used by those undertakers, * to obtain an assembly to their own humour ; we shall ' insist only upon one grand instance, which is not to ' be parrallel'd in any of her majesty's plantations, and ' could not have been attempted without his excel- * lency's encouragement, nor put in practice without ' his concurrence. ' When this assembly was met, and attended his ' excellency in council, in order to be sworn, mr. * Revell and mr. Leeds, (two of the governor's ' council, and of the undertakers to procure such an * assembly as they had promised) suspecting the strength * of their party, objected against three of the members, ' returned, as persons not having each, one thousand ' acres of land, and therefore unqualified to serve in the ' assembly ; though these persona had such estates in * land, and were generally known to have so, and at * the time of their election had convinced Revell and * Leeds, who opposed them under that pretence, of the * truth of it; and this objection was not examinable * or determinable by his excellency or hia council, or * otherwise than in the house of representatives, who 'are Of new-jersey. 339 ' are the only proper judges of their o^\^l members ; A. D. * yet his excellency, upon this bare suggestion of Revell * *and Leeds, refused to swear these members, and ex- * eluded them from sitting to serve their country ; ' this attempt was seconded by another trie!? of Revell ' and Leeds, who immediately sent the following note ' to the house of representatives. * To the honourable the house of representatives. ' Gentlemen, We underwritten, supposing we had good reason ' to charge three of the persons returned to serve as ^ representatives in this general assembly ; but upon * due consideration find it difficult to come to a true * determination thereof, until we can by further enquiry * find the truth of what we have been informed of; ' we therefore humbly desire fourteen days time further^ 'that we may be able more fully to inform this house * therein, which we humbly suppose at present cannot * reasonably be expected from us ; we subscribe ourselves * your humble supplicants, Thomas Revell. 'Nov. 15, 1704. Daniel Leeds.' ' The counties for which they were chosen to serve expressed a great dissatisfaction at the exclusion of their members ; and these and several other represen- tatives deliver'd an address to his excellency, for having them admitted to their right ; which met with no other reception, than being called a piece of inso- lence and ill manners. ' By this exclusion of three members, and the con- tempt of the address for their admission, the under- takers gained a majority by one in the house of representatives, who adjourned the hearing of this case, until they had reaped the fruits of their iniquity, and accomplished the ends for which it was contrived ; for whilst this case was depending, a bill for taking away the qualifications of electors and the elected, and placing the right of choosing and being chosen in tlie freeholders generally, without any express value of their estates, was prepared and pass'd, wherein ' there 340 The HISTORY •A- !>• ' there is this remarkable and self-condemning declara- ' tion of his excellency's proceedings, viz. that repre- ' sentatives met in general assembly are and shall be the 'judges of the qualifications of their own members. ' After this and one other act, which we shall here- ' after take notice of in its proper place, were passed, ' a day of hearing was allowed to the three excluded ' members, and notice of it given to Revell and Leeds, ' who would not vouchsafe to appear, but having already ^ obtained their ends, graciously signified by a message, * their mistake in their objection to those members. ' The house proceeded in the inquiry, and by deeds ' and other authentick proofs, was so fully satisfied of ' the estates of the excluded members, and that Revell * and Leeds had been convinced thereof, at the time of ' their elections, that the house unanimously declared * them duly qualified, and sent two of their body to ' acquaint his excellency of it, and to pray they might * be sworn ; but his excellency, whether out of a desire * of assuming the glory of his arbitrary proceeding * wholly to himself, or of making the country sensible * that notwithstanding the act so lately passed, declaring ' the house judges of their own members ; he was re- ' solved to exercise that power for the future ; or for ' what other reason we know not, told those messengers ' he must be satisfied of their qualifications, as well as * the house ; and still keeps them out of the assembly. 'This we conceive to be the assuming a negative ' voice to the freeholders election of their representa- ' tives ; and such an invasion of the rights of the ' assembly, as will, if tolerated or connived at, place ' the whole legislature in the governor ; for if he can, * at his pleasure, reject three representatives, he may ' reject all, and make what laws he thinks fit without ' the formality of an assembly ; but if this notorious ' violation of our constitution had not been made by ' him, and the assembly had consisted of it's full pro- * portion of duly elected members ; we conceive, and < are advised, that his excellency had no authority, 'nor any probable colour from his instructions for ' passing Of NEW-JERSEY. 341 ''passing this act; for though the instruction relating A. D. ' to the election of general assembles, allows an alte- ■^''^'* ^ ration by act of assembly, of the number of the ' representatives, and the manner of their being elected; ' it leaves no power to the general assembly to alter the ' qualifications of the electors or elected ; which was ' intended to be a standing and unalterable part of the ^ constitution, as most agreeable to the constitution of ^ England, where the electors of knights of the coun- ' ties must have a certain fixed freehold ; and the elec- ^ ted are generally the principal landed men of their ' respective counties ; but the alteration now made, ^ was intended to put the election of representatives * into the meanest of the people, who being impatient ' of any superiors, will never fail to choose such from ' amongst themselves, as may oppress us, and destroy * our rights. ' It is another term of our surrender, and an instruction ' to his excellency, that no act should be made to lay a * tax upon unprofitable lands ; but his excellency has ^ encourag'd and assented t5 a bill in this last assembly, for ^ taxing (without distinction) all lands belonging to the ^ inhabitants there, and to all others not inhabiting there ' who have settled any plantations, either by tenants, ser- * vants or negroes ; it is objection enough to this act, that * there is no other colony in America wherin uncultivated ' lands are taxed ; and as this act was intended, so none * more effectual could have been contrived, to prejudice •' the country in general, or the proprietors in particu- * lar ; for if any man who has a thousand or more acres ' of land, which he can neither manure nor sell (as ' most of the first planters have) he must pay a tax for * this land, which may eat up the greatest part of the * profit of what he can and does cultivate ; or he must * dasert the whole ; and if we, who have great tracts of * land of many thousand acres to sell, lett or settle ^ but a few acres to maintain our agents or servants, ■* we must pay a tax for all the residue which yields us ^ nothing : In consequence of this act several persons ' who had agreed with our agent for lands, have ' renounced 342 The history ' renounced their bargains, and removed into other ' countries, where they can purchase great tracts of ' land, preserve them for their posterity to settle on ;. * and we, unless relieved from this oppression, must * deliver up our lands or our purses: This tax is im- * posed by the act passed in the assembly for raising a * revenue of two thousand pounds per annum, for two 'years, for the support of her majesty's government * within that province ; and we have great reason to be- * lieve it to be part of the return promised by the under- * takers to his excellency, for his dissolving the former 'assembly, and curtailing the last of three members. ' It is another term of our surrender, and an instruc- *tion to his excellency, that the surveyors and other ' persons appointed by us, for surveying and recording * the surveys of land granted and sold by us, shall be 'permitted to execute their trusts; but his excellency ' has taken upon him, even contrary to the advice of ' his council, to appoint fees for patenting lands ; which. ' has created an opinion in the people, that the power of ' granting lands is in him, has lessened the credit of ' our title to lands, and encouraged the planters to dis- ' pute our right. * His excellency has ordered all publick books, ' records and papei'S, to be delivered by our late secretary ' to mr. Bass, our great debtor, and therefore our * avowed enemy, and has carried our records of deeds 'and conveyances out of the province ; by this method ' the proprietors of both the divisions are deprived of 'all means to justify their past administration of the ' evidences of their grants of lands to the purchasers ' under them, (all the surveys and patents being ' recorded in those books) and will destroy the office of ' our register, or at least will disable him to perform ' his duty in some cases ; which by acts of general assem- ' bly he is obliged to do. * It is a further term of our surrender, and instruc- ' tions to his excellency, that all officers be appointed! * by advice of the council ; but his excellency has con- * stituted several officers without such advice, and par- ' ticularly Of NEW-JERSEY. 343 ticularly a sheriff of Burlington, who was therefore A. D. suspended by order of council, and yet continued to ^''^T- act under his lordship's appointment. ' We are further informed, that his excellency hath put several mean and contemptible persons into the commission of the peace, particularly one ****** whom lie knew to be under prosecution for felony ; and has given commissions in the militia to others, who have no estate in the province, and therefore are not like to be zealous in the defence of it. ' It is matter of some wonder to us, that after so many acts of despotic power, his excellency did not assume to himself, or obtain from the last assembly, an authority of licencing any persons to purchase lands from the Indians ; but condescends to apply to your lordships, for an alteration of his instructions in that particular ; there wants only the breach of this instruction to compleat the ruin of our interests in New-Jersey, and we humbly hope your lordships will not enable him to give that finishing stroke : This instruction, founded upon the right which the crown of England claims by the law of nations, to all coun- tries discovered by English subjects, was intended to assert that right against the pretences of many plan- ters, who set up the Indians title in competition with it ; and if that right be taken from the grantees of the crown, all patents and grants of the whole main land of North-America, have been only royal frauds, under the sanction of the great seal of England, and no man will ever after purchase lands under that title. ' His excellency was lately so fully satisfied of the policy and reasonableness of asserting this right to the crown and its grantees, that in the year 1703, he recommended, and assented to an act of assembly, for restraining all persons besides the proprietors, from purchasing lands from the Indians, under great penal- ties ; and for vacating all such purchases formerly made, unless the purchasers took a fresh grant from the proprietor ; of which act we humbly pray your lordships perusal. 'We 844 The history A. D. 1707. ' We are purchasers for ready money, under a gi^anfe ' from king Charles the second, and are willing to sell * our lands and the Indians title to it, at reasonable rates^ ' according to the goodness of the soil and situation, ' and ought not to be compelled to accept a quit-rent * (much less a quit-rent to be let by other persons than ' ourselves as his excellency proposes) instead of selling ' for ready money ; nor ought our properties to be at * the disposal of a governor : 'Tis not the want of a ' power in the planters to purchase lands from the Indi- ' ans, but the taxing of uncultivated lands, and over- * turning the constitution for assembly-men, that has ' occasioned those persons mentioned by his excellency, ' to remove to Pennsylvania and other colonies. ' May it please your lordships, 'The usage we have received from his excellency, is * so contrary to the terms of our surrender of govern- ' ment, to the assurances we had from your lordships, * of the due observance of them, and to the plain in- 'structions given by your lordships to his excellency; * that we humbly hope, it will not be thought any ' immodesty or want of duty in us, to protest, as we do * protest against all the proceedings of the last assembly, ' wherein by the arbitrary exclusion of three members 'without any just exception, the country was not duly ' represented, and to beg your lordships intercession ' with her majesty, that the acts passed in that assembly ' may not be confirmed by her royal assent. ' We further pray, that colonel Lewis Morris^ who ' has been a second time suspended from his place in ' council, by his excellency, only for using the free- ' dom which every member of the council is entitled to, ' and ought to exercise, of opposing any bill brought ' before them, if he conceives it prejudicial to the in- ' terest either of the country in general, or of any par- * ticular persons, may be restored ; and that your lord- ' ships will please to place in the room of such as are dead, ' some of the persons following, viz Mr. Miles Foster, ' mr. Richard Townley, mr. Hugh Huddy, mr. William * Hall and mr. John Harrison, who are men of known ' integrity Op new-jersey. 346 * integrity and estates ; and as a further security of our A. D. * estates there, and that no persons may at any time be -^'"'* * admitted of the governors council, or to be in the ' commission of the peace, or of the militia, but such * who have real estates in the province suitable to their ' stations, and who reside there. ' Signed by Thomas Lane, Paul Dominique, John 'Bridges, Rob. Mitchel, Tho. Burrow, Fra. Mitchel, ' Eben. Jones, Jos. Broosbank, John Norton, Jo. * Bennet, E. Richier, Tho. Skinner, Rich. Greena- ' way, Jos. Collins, Cha. Mitchel, Jos. Micklethwait, ' Tho. Lewes, Wm. Snelling. Two days after Cornbury had refused to receive the assembly's reply, he sent for them, and though several important bills were unfinish'd, adjourn'd the house to the spring next year : Not receiving the reply in form, he escaped the necessity of attempting to clear up what he could not do with justice or equity : Some of the glaring facts still confirm'd the truth of the charges against him, he thought he had a more effec- tual way of dealing ; that was, to lodge a complaint with the queen ; accordingly by an underhand artifice, his trusty friend the lieut. governor Ingoldsby, with some of the council, signed and privately transmitted an address, as follows. ' To the Queen's most excellent majesty. Address * The humble address of the lieutenant governor and q^ ® ' council of Nova-Ceesaria or New-Jersey, in ' America. ' May it please your majesty ; ' We the lieutenant governor and council of your ' majesty's province of Nova-Csesaria or New-Jersey, ' having seriously and deliberately taken into conside- * ration the proceedings of the present assembly or * representative body of this province, thought our ' selves bound, both in duty and conscience, to testify *to your majesty, our dislike and abhorrence of the 'same lueen Me The history ' same ; being very sensible, that the unaccountable ' humours and pernicious designs of some particular * men, have put them upon so many irregularities, with 'intention only to occasion divisions and distractions, ' to the disturbance of the great and weighty affairs * which both your majesty's honour and dignity as ' well as the peace and welfare of the country required ; ' their high encroachments upon your majesty's prero- * gative royal ; notorious violations of the rights and * liberties of the subjects ; manifest interrujitions of 'justice, aud most unmannerly treatment of his excel- ' lency the lord Corn bury, would have induced us * sooner to have discharged our duty to your majesty, * in giving a full representation of the unhap[iy cir- 'cumstances of this your majesty's province and 'government; had we not been in hopes that his ' excellency the lord Cornbury's full and ample answer ' to a most scandalous libel, called the remonstrance ' of the assembly of Nova Csesaria or New-Jersey, ' which was delivered to the governor by the assembly ' at Burlington in May last, would have opened the * eyes of the assembly, and brought them back to their ' reason and duty ; but finding that those few turbu- 'lent and uneasy spirits in the assembly, have still ' been able to influence and amuse the judgments of * many well-meaning men in that body ; as appears ' by another late scandalous and infamous libel, called, *' The reply of the house of representatives of the " province of New-Jersey, to an answer made by his " excellency Edward viscount Cornbury, governor of '^ the said province, to the humble remonstrance of " the aforesaid house : " We are now obliged humbly ' to represent to your majesty, the true cause, which we * conceive may lead to the remedy of these confusions. ' The first is owing to the turbulent, factious, un- ' easy, and disloyal principles of two men in that ' assembly, mr. Lewis Morris, and Samuel Jenings, a ' quaker ; men notoriously known to be uneasy under ' all government ; men never known to be consistent * with themselves ; men to whom all the factions and ' confusions Of new-jersey. 347 * confusions in the government of New-Jersey and A. D. ^ Pennsylvania for many years are wholly owing ; ^'^^^• ' men that have had the confidence to declare in open * council, that your majesty's instructions to your 'governors in these provinces, shall not oblige or bind ' them, nor will they be concluded by them, furtiier ' than they are warranted by the law, of which also ' they will be the judges ; and this is done by them, ' (as we have all the reason in the world to believe) 'to encourage not only this government, but also the ' rest of your governments in America, to throw off 'your majesty's royal prerogative, and consequently ' to involve all your dominions in this part of the ' world, and the honest, good and well-meaning people ' in them, in confusion, hoping thereby to obtain ' their wicked purposes. ' The remedy for all these evils, we most humbly ' propose, is, that your majesty will most graciously ' please to discountenance those wicked designing men, ' and shew some dislike to this assembly's proceedings, ' who are resolved neither to support this your majesty's ' government by a revenue, nor take care to defend it ' by settling a militia: The last libel, called " the reply, " (&c." came out so suddenly, that as yet we have not 'had time to answer it in all its particulars; but do ' assure your majesty it is for the most part false in fact, ' and that ])art of it which carries any face of truth, ' they have been malicious and unjust in not mentioning 'the whole truth; which would have fully justified my 'lord Cornbury's just conduct. ' Thus, having discharged this part of our duty,. ' which we thouglit at present incumbent upon us, we ' beg leave to assure your majesty, that whenever we ' shall see the peo])le of this province labour under any ' thing like a grievance ; we shall, according to our ' duty, immediately apply to the governor, with our 'best advice for the redress of it; and we have no ' reason yet to doubt of a ready compliance in him ; ' we shall not be particular, but crave leave to refer ' to his excellency's representation of them to the right ' honourable 348 The HISTORY A. D. ' honourable the lords commissioners for trade and ^"^^^^ ' plantations. ' The strenous asserting of your majesty's prerogative ' royal, and vindicating the honour of your governor * the lord Cornbury, will in our humble opinion, be 'so absolutely necessary at this juncture, that without ' your so doing, your majesty will find yourself deceived * either in expectation of a revenue for support of the * government, or militia for its defence. ' In hopes your ma-jesty will take these important ' things into your consideration, and his excellency the * lord Cornbury, with all the members of your maje- * sty's council, into your royal favour and protection ; ' we shall conclude with our most fervent prayers to * the most high, to lengthen your days, and encrease ' your glories ; and that ourselves in particular, and all ' others in general, who reap the benefit of your maje- ' sty's most gentle and happy government, may be, * and ever continue the most loyal and dutiful of sub- * jects to the most glorious and best of queens. * Rich. Ingoldsby, William Pinhorne, R. Mompeson, * Thomas Revell, Daniel Leeds, Daniel Coxe, Richard ' Townley, Rob. Quarry, William Sandford. 1708. On the 5th of the month called May, this year, the assembly met at Burlington : Jenings their speaker T. Gor- being indisposed, Thomas Gordon was chose to suc- don, spea- ceed him : They received the speech ; and delivered their address the 12th; which containing the old story of grievances, so displeased the governor, that he im- mediately adjourn'd them to the September following, to meet at Andboy, but in the interval dissolved them ; Assembly 2t,\\dL being himself soon after superseded, he met them no more ; the business of the last session began by his telling them in his speech. It was the great desire he had to see the service of Speech. the queen, and good of the province carried on, sup- ported and provided for, that induced him to call them * together Op NEW-JERSEY. 349 together ; to prepare and pass such laws as were proper ; A^ D. and that he might not be wanting in his duty, he should point out what he thought required their imme- diate notice ; the first was a bill for support of govern- ment ; that the revenue the queen expected was £. 1500, per annum, to continue 21 years; next the reviving or re-enacting the militia bill, which was likely soon to expire ; that he had every session since he had been governor, recommended the passing a bill or bills for confirming the right and propei'ty of the soil of the province to the general proprietors, acx^ording to their respective rights and titles ; as also to settle and con- firm the particular titles and estates of all the inhabi- tants of the province, and others, claiming under the proprietors ; that he was still of opinion, such a bill would best conduce to the improvement, as well as peace and quiet of the province ; that he had last year recommended the passing of bills for erecting and re- pairing prisons and court houses in the different coun- ties, the building of bridges in places where they were wanting, by general tax ; and as late experience had taught the necessity of settling the qualifications of jurymen, he desired they would prepare bills for these purposes ; and revive such of the acts of assembly passed in the time of the proprietary government as would be of use, that they might be presented for the queen's approbation. The assembly in their address on this occasion, de- Assembly* clare, they then were, and always had been ready and desirous to support the government to the utmost of their poor abilities ; that they were heartily sorry for the misunderstanding between the governor and them ; that about twelve months ago they had humbly repre- sented to him, some of the many grievances their country laboured under ; most of which they were sorry to say, yet remained, and daily increased ; that they address. 350 TheHISTORY A_. D. they found the queen's good subjects of the province were continually prosecuted by informations, upon fri- volous pretences, which rendered that excellent con- stitution of grand juries useless ; and if continued, would put it in the power of an attorney general, to raise his fortune upon the ruin of his country. That they found it a great charge to the country, that juries and evidences were brought from remote parts of the province, to the supreme courts at Burlington and Aniboy ; that it was a great grievance that the practice of the law was so precarious, that innocent persons were prosecuted upon informations, and actions brought against several of the queen's subjects, in which the gentlemen licensed to practice the law, were affraid to ajipear for them ; or if they appeared, did not discharge their duty to their clients, for fear of being suspended, without being convict of any crime deserving it, or reason assigned ; as was done at Burlington, in May last, to the damage of many of the queen's good subjects. That they found the representatives of this her ma- jesty's province so slighted, and their commands so little regarded, that the clerk of the crown had refused to issue a writ for the electing a member wanting in their house ; they hoped he would consider, and remove these and many other inconveniencies and grievances that the province labor'd under ; which would enable them to exert the utmost of their abilities, in support- ing her majesty's government, and would make them happy under the mild and meek administration of a great and glorious queen ; that they doubted not, were her majesty rightly informed of the poverty and circumstances of their country, and that their lively- hoods depended upon the seasons of the year ; their most gracious sovereign would pity their condition, and never expect the settlement of any support of go- vernment, further than from one year to another. That Of new-jersey. 351 A. D. 1708. That they found the present militia bill so great a grievance to their country, they could never think of reviving or re-enacting it, as it now was ; though they were heartily willing to provide for the defence of their country, which they hoped might be done with greater ease to the people ; that they had been, and still were endeavouring to answer her majesty's com- mands, in confirming the right and property of the soil of the province to the general proprietors, accord- ing to their respective rights and titles ; and likewise to confirm and settle the particular titles and estates of all the inhabitants, and other purchasers, claiming under the proprietors ; but tho' they had several times met in general assembly, they had not opportu- nity to perfect it ; they acknowledge the favour of being put in mind of providing prisons, court-houses, and bridges, where such were wanting, which they should take into consideration. That they had a bill for settling the qualifications of juries, prepared last sitting at Amboy, and should now present it ; and thanking him for reminding them of reviving their former laws ; say, they had before ap- pointed a committee for that end ; but were impeded by Bass^ the secretary, positively refusing to let them have the perusal of them ; and that as they had always used their utmost endeavour in the faithful service of the queen, and for the benefit of the country ; so they should still continue to do it with all the dispatch they were capable of. Here we part with lord Cornbury's administration, q- Lord ■p- Cornbury. 'g. At a council held at Amboy, 28th of March, 1708._ The * petition of Edward viscount Cornbury, late governor of this pro- ' vince ; setting forth, that he had due to him, sundry sums «f 'money, for which he desired warrants, to enable hira, if the ' revenue of this province was not able to pay the same, he might * demand the same of her majesty, was read, and dismissed. 'Lord 352 The HISTORY A. D. Here also we part with his opponent S. Jenings ; his * , indisposition continued about twelve months, and then ^eath and finished his life : His many services have occasioned character. j^jj^ ^^q j^g often mentioned : His profession of religion was that of the people called quakers ; he was early an approved minister among them, and so continued to his death ; common opinion, apt to limit this sphere of action, will however allow general rules to have their exceptions, as instances now and then, though perhaps but rarely, occur, where variety of talents have united in the same individual, and yet not interfered ; such, the accounts of those times (stripped of the local uncertainties of faction and party) tell us, was the circumstance with regard to Jenings ; that his autho- rity, founded on experienc'd candour, probity, and abilities, enlarged opportunities, rendered him not in ' Lord Cornbury, (says a writer, well inform'd in his character) *was no less obnoxious to the people of New-Jersey, than to those 'of New-York: The assembly of that province, impatient of his * tyranny, drew up a complaint against him, which they sent home 'to the queen. 'Her majesty graciously listened to the cries ofher injur'd sub- 'jects, divested him of his power, and appointed lord Lovelace in 'his stead; declaring, that she would not countenance her nearest 'relations in oppressing her people. ' As soon as my lord was superceded, his creditors threw him 'into the custody of the sheriff' of New- York ; and he remained 'there till the death of his father, when succeeding to the earldom * of Clarendon, he returned to England. * We never had a governor so universally detested, dor any who 'so richly deserved the publick abhorrence; in spite of his noble * descent, his behaviour was trifling, mean and extravagant. 'It was not uncommon for him to dress himself in a woman's 'habit, and then to patrole the fort in which he resided; such freaks of low humour exposed him to the universal contempt of 'the people; but their indignation was kindled by his despotick 'rule, savage bigotry, insatiable avarice and injustice, not only to 'the publick, but even his private creditors; for he left some of 'the lowest tradesmen in his employment unsatisfied in their just 'demands.' Hist, of New- York, p. 116. He died in 1723. See notes in the Art. Law. Hyde, E. oj Rochester, Biogr. Brit. Op new-jersey. 363 in one capacity or to one society only, but generally A. D. useful : It is mentioned, that he was of an obliging, affectionate disposition, yet of a hasty warm temper; that he notwithstanding managed it with circumspec- tion and prudence, so that few occasions escaped to the disadvantage of his character, or of any cause he engaged in ; that he saw the danger to which his natural impetuosity exposed him ; knew his preser- vation lay in a close attention to his cooler prospects, and diligently guarding in that spot, experienced the benefit in many trying events; that his integrity and fortitude in all stations, were acknowledged; that his judgment was the rule of his conduct, and by what can now be gathered, this seems to have been but seldom injudiciously founded; that alive to the more generous emotions of a mind form'd to benevolence and acts of humanity, he was a friend to the widow, the fatherless and the unhappy ; tender, compassionate, disinterested, and with great opportunities left but a small estate ; that abhorring oppression in every shape, his whole conduct discover'd a will to relieve and befriend mankind, far above the littleness of party or sinister views ; that his sentiments of right and liberty, were formed on the revolution establishment, a plan successfully adapted to the improvement of a new country, or any country ; that he was notwithstanding all this sometimes thought stiff and impracticable, but chiefly on account of his political attachments; yet that there were instances, where better knowledge of his principles, and the -sincerity with which he acted, totally effaced those impressions, and left him friends where none were expected : Much of his time, we have seen, was long devoted to the publick, with a will to be useful, occasions were not wanting ; West- Jersey and Z Pennsylvania, 354 The HISTORY A. D. Pennsylvania '■• and New- Jersey after the surrender, for near twenty eight years successively, were repeated witnesses of his conduct in various capacities ; he studied peace, and the welfare of mankind ; but in some instances met with ungrateful returns; and tho' his endeavours did not altogether succeed to his mind, he survived personal accusation, in a great measure, with respect to himself; and as to the publick, just lived long enough to see it emerging from an unpromising state of litigation and controversy, to more quiet than had been known for many years : His three daughters, (who we*e all the children he left) intermarried with three brotherSj of the name of Stephenson, whose posterity now reside in New-Jersey and Pennsylvania. »• In the latter end of this year was a new return of members of assembly; their names were. For the Eastern division : Thomas Gordon, speaker ; Thomas Farmer, Elisha Parker, John Royse, John Harrison, Benjamin Lyon, Gershom Mott, Elisha Lawrence, John Trent, William Morris, Enoch Machelsen, Eldrid mouth, Gershom Moit, William Lawrence. Somerset, Cornelius Longfield, John Tunison. Of new-jersey. 371 * that is the power from whence 'tis derived ; which A. D. * all the world must own to be justice and goodness ^^^^• ' itself. ' There are several matters recommended to you * by her majesty, to be passed into laws, which I shall ' lay before you at proper seasons ; and shall heartily * concur with you in enacting whatsoever may be re- ' quisite for the publick peace and welfare, the curb- ' ing of vice, and encouraging of virtue. ' If what I have said, or what I can do, may have ' the blessed effect I wish for, I shall bless the hour * that brought me hither ; If I am disappointed, I shall ' pray for that which is to call be back, for all power ' except that of doing good is but a burthen. The assembly's address. ' May it please your excellency, ' We sincerely congratulate your accession to the Address, government of this province, and hope the long wished for time is come, in which the unchristian causes of our divisions will be taken away, which we persuade ourselves you will be as willing, as we con- ceive you are able to do, by divesting a few design- ing men of that authority, which they use to the worst purposes. ' We have experienced repeated instances of her majesty's care over us; among which one was, the sending the good lord Lovelace, who put an end to an administration the then assembly of this pro- vince, with great justice, stile the worst New- Jersey had ever known ; that good man lived long enough to know how much the province had been op- pressed, tho' not to remove the causes : Another in- stance of her majesty's royal favour, we esteem, is the sending your excellency to govern us, and we persuade ourselves your conduct will evince it so to be. ' We hope great things from you, and none but what are just ; let not ill men be put or continued in power to oppress; let her majesty's subjects enjoy their liberties and properties, according to the laws, and let not those laws be warpt to gratify the avarice or resentment 372 The history A. D. 1710. Confusion in exacting the oath. ' resentment of any, and then we may safely leave ' disputes of property to them ; this we are humbly of ' opinion, is the greatest honesty, and we make no * question you esteem it to be the best policy. ' We always thought it equally reasonable to support 'a government, and to deny that support to tyranny *and oppression; we should be glad our abilities would * come up to what we esteem your merits ; what we ' are able to do, shall be sincerely done, and in as agree- *able a manner as we are capable; all your desires, ' which we doubt not will be reasonable, shall be com- * mands to us, who will be always ready to join in any 'thing that may conduce to the publick benefit, and ' your own ; and hope you may never want will and * power to punish wickedness and vice, and encourage * true religion and virtue ; which if you do, we shall * esteem you our deliverer, and posterity shall mention * your name with honour, ' Divers members of this assembly, being of the people called * quakers, concur to the substance of this address, with their usual * exception to the stile. This session continued better than two months ; the governor And assembly agreed cordially, but a majority of the council differed from both, notwithanding an accession of divers new members. Ever since the surrender, the province had been involved in great confusion, on account of the people called quakers being denied to serve on juries, under pretence that an oath was absolutely necessary ; the in- habitants in many parts, were chiefly such, and juries could not be got without them ; the assembly seeing the confusion that had and would unavoidably follow such refusal, passed a bill for ascertaining the qualifica- tion of jurors, and enabling the people called quakers to serve on them, &c. and another respecting the affirmation : The reports of the committee, will, a- mong other things, shew the conduct of the council on this occasion *The Of NEW-JERSEY. 373 'The house, accord ins; to order, resolved itself into A. D. a committee of the whole house, to consider farther of the papers laid before this house by his excellency ; Commit- and after some time spent therein, mr. s])eaker re- ^^^ repor sumed the chair, and doctor Johnston reported from the said committee, that the 43d article of her maje- sty's instructions being read, requiring an act to be passed, for settling the properties and possessions of all persons concerned in this province ; they do think it to be a matter of the greatest concern, for the quiet- ing the. minds of the people and making the province happy, and do think it will be to no purpose at pre- sent to spend time about such a bill, seeing the coun- cil has put them out of all hopes of having any such act to pass. ' Doctor Johnson also reported from the said com- mittee, that the 60th article of her majesty's instruc- tions being read, requiring an act to be passed, for tliose people that make a religious scruple of swearing, to the like effect of that passed in the 7th and 8th of king William the third in England, so far as may be consistent with good order and government • that the house have already sent up such an act to the council for their concurrence, as near to the like effect as the circumstance of this colony will admit; which the council rejected without committing the same. ' And further, that the 94th article of her majesty's instructions being read, requiring an act to be passed ascertaining qualifications of jurors ; that the same was included in the bill, entitled, " An act for ascer- ' taiuing the qualifications of jurors, and enabling ' the people called quakers to serve on them, &c." which the council rejected without committing the same, as is reported before to the 60th article. ' And that he was desired to move, that they might * have leave to sit again. By this report, it seems the assembly had no expec- tation of obtaining these matters this session ; they took into consideration the militia act, passed in Cornbury's 374 The history A. D, 1710. Vindica- tion of a former as- uemhlj. Cornbury's time, by which the quakers in many parts of the province had been greatly oppressed ; they appointed doctor Johnston, Isaac Sharp, Jacob Spicer, William Sandford, John Eeid, and Robert Wheeler, 9- a committee, * to prepare and bring in a bill, for ex- * plaining an act of this province, past in the third * year of her majesty queen Anne, entitled, " an act " for settling the militia of this province, and for re- " lieving persons aggrieved thereby." A Bill was brought in, and divers officers who had been more rigorous in distressing, than the law warrant- ed, were sent for, to answer for their conduct at the bar of the house, and ordered to render account of the goods distrained ; this gone through, the bill passed, in which provision was made for the relief of the sufferers ; but the council rejected it, as they had done the other bills. Next came on the consideration of the charges made against a former assembly, to the queen, whose vindi- cation they undertook. * A copy of a paper entitled. The humble address of * the lieutenant governor and council of Nova- Ccesaria * or New- Jersey, in America, to the Queen's most excellent * majesty ; h- signed by Richard Ingoldsby, William Pin- * home, Roger Mompesson, Thomas Revell, Daniel Leeds-, ' Daniel Coxe, Richard Townley, William Sandford, and * Robert Quarry, in the year 1707 ; was read in the * house ; and being taken into consideration, the 'question was put, whether the said humble address * (as it is called) of the lieutenant governor and council 'to the queen's most excellent majesty, be a false and ' scandalous representation of the representative body ' of this province, or not ? it was carried in the affir- ' mative. A motion being made, and the question ' being g. The two last had left the qnakers, with G. Keith, and Sand- ford had distinguished himself against them. A. See p. 345, &c. O F N E W - J E K S E Y . 375 ^ being put, whether this hou^e do address her majesty A. D. ' for the justification of the proceedings of the repre- ■^'^^^• * sentative body of this province, in the present and * former assemblies, or not ? it was carried in the affir- * mative. • A motion being made, and the question being ' put, whether any person that has signed the above * mentioned false and scandalous representation of the ' representative body of this province, be a fit member * to sit in this house, unless he acknowledge his fault 'to this house, or not? it was carried in the negative. 'Major Sandford, one of the members of this * house, having acknowledged that he signed the ' above mentioned address to her majesty, was asked ' if he would acknowledge his fault to this house for ' the same ? his answer was, he signed it as he was * one of her majesty's council, and was only account- ' able to her majesty for the same ; wherefore the ' question was put, whether major Sandford be expelled * this house for the same, or not? it was carried in the ' affirmative. ' Ordered, that major Sandford be expelled this house, * for signing a false and scandalous paper, called the ' humble address of the lieutenant governor and ' council, to her majesty, in the year 1707 ; and he is * expelled this house accordingly. CHAP. XX. Representation of the Assembly to governor Hunter ; and his answer. PURSUANT to the resolutions of the house, an address was prepared, and sent to the queen, and a representation to governor Hunter: This last is a particular answer to the charges, and was as fol- loweth : 'The 376 The history A. D. 1710. Represen- tation to governor Hunter. ' The humble representation of the general assembly ' of her majesty's province of New-Jersey. * To his excellency Robert Hunter, Esq ; captain ' general and governor in chief of the provinces of ' New-Jersey and New- York in America, and vice ' admiral of the same, &c. * May it please your excellency ; ' When the lord Lovelace was pleased to let the ' representative body of this province know, that her ' majesty desired to be informed of the causes of tlie ' differences between the gentlemen of the council and ' them ; nothing could be more satisfactory ; because ' they entirely depended, that a person of so much 'justice and veracity, would put things in their true * light ; and had he lived long enough to have complied ' with her majesty's commands, we had not now been * under the necessity of laying the following representa- * tion before your excellency. ' We are very sorry we have so much reason to say, * it was lately our misfortune to be governed by the ' lord Cornbury, who treated her majesty's subjects ' here not as freemen who were to be governed by laws, ' but as slaves, of whose persons and estates he had the *sole power of disposing. Oppression and injustice * reigned every where in this poor, and then miserable 'colony; and it was criminal to complain or seem any ' way sensible of these hardships we then suffered ; and ' whatever attempts were made for our relief, not only ' proved ineffectual, but was termed insolence, and ' flying in the face of authority : the most violent ' and imprudent stretches of arbitrary power, were ' stamped with the great name of the queen's preroga- ' tive royal ; and the instruments and strenous assertors * of that tyranny, were the only persons, who in his ' esteem and their own, were for supporting her maje- ' sty's government : Bribery, extortion and a contempt ' of laws, both human and divine, were the fashion- ' able vices of that time ; encouraged by his counte- * nance, but more by his example ; and those who ' could most daringly and with most dexterity trample 'upon Of NEW-JERSEY. 377 ' upon our liberties, had tlie greatest share both in the A. D. •government of this province and his fiivour; This ^ ^* usage we bore with patience a great while, believing, tiiat the measures he took proceeded rather from want of information or an erroneous judgment, than the depravity of his nature ; but repeated in- stances soon convinced us of our mistaken notions; and that he was capable of the meanest things, and had sacrificed his own reputation, the laws, and our liberties, to his avarice : No means were left unes- sayed, that gave hopes of gratifying that sordid pas- sion : The country was filled with prosecutions by informations of the attorney general, contrary to law. Those of her majesty's subjects who are called Qua- kers, were severely harrassed, under pretence of refusing obedience to an act of assembly for settling the militia of this province, when neither the letter nor meaning of that act justified the severities used on that account ; the measures that were then taken, being chiefly such as the implacable malice of their adversaries suggested : The rights of the general proprietors, which upon the surrender of the govern- ment, were promised to be preserved inviolable to them, and which her majesty, by her instructions,^ had taken all possible care to do, were by him invaded in a very high degree ; their papers and register being the evidences they had to })rove their titles ta their lands and rents, violently and arbitrarily forced from them, and they inhibited from selling or dis- posing of those lands ; by which means their titles were made precarious, the value of lands through the whole province fell very much, and a great stop was put to the settlement and improvement of it : To be short, all ranks and conditions of men grossly abused, and no corner of the country without com- plaints of the hardships they suffered from the exercise of a despotick and mistaken power : An administra- tion so corrupt, so full of tyranny and oppression in all its parts, induced the assemby to have a regard to the cries of that unhappy country they represented, * and 378 The history ' and to endeavour (if possible) some redress and * accordingly, in a most humble manner, remonstrated * to his lordship their grievances ; who was of opinion, * their remonstrance lay open to a very ready answer ; ' but that he might give them no occasion to say he had * done it with heat and passion, he took some few days 'to do it ; but with what coolness and temper it was * done, those who have seen it can judge ; they both * lie before your excellency (No. 1 and 2.) Sometime * after the assembly were adjourned ; and when we met * again, made a reply to that answer ; which reply ' (No. 3.) lies before your excellency ; but neither the * one nor the other procured the desired elFects ; on the ' contrary, the number of our grievances were in- ' creased, some of the most considerable of our inha- * bitants deserted the province, and many of those that 'remained thought themselves unsafe in it; the only ' hopes they had, was the arrival of the lord Lovelace, ' which supported their sinking spirits, and gave them ' an expectation of better days. ' Upon the first sitting of the assembly, after his * arrival, he communicated to them a paper, called, * The adch-ess of the lieutenant governor and council of Neio- ^ Jersey. It was no surprise to us, to find any thing ' indecent or virulent proceeding from such men ; but * it was with some concern, we beheld what endeavours * they had used, to render her most gracious majesty * disaffected with her honest and loyal subjects here, * by accusations which were not only false, but what * they knew to be so, at the time of their writing of * them, and which we had made appear to be so, had * they not used evasions and shifts to avoid coming to * the test, in the time of lord Lovelace, and while the * assembly was sitting ; then they seemed to be for re- * conciling matters, and burying every thing in * oblivion, in hopes their own deeds of darkness might * partake of the same covering ; and hoped the sweet- * ness of that noble lord's temper, and inclinations to * peace, might secure them from that examine which * was necessary to expose them in their true colours ; and * how OfNEW -JERSEY. 379 * how much on that occasion they fawned and flattered, A. D. ' appears by an address ol' tlieirs to him, which ^^^^' * for the peculiarity of the language (and we might * say the unintelligibleness of the terms) ought never * to be forgotten : It begins thus, Your lordship has not * one virtue or more, but a corap/efe accomplishnient of all ' perfections, &c. and at the same time they were deify- ^ ing him (if such an address could do it) they were * caballing and articling against bim, triumph'd in his ^ death, and have barbarously treated his memory ; and * notwithstanding the laws of heaven and nature, (as * they are pleased to express themselves) and all the * fine things they say of you, added to the justness of * your administration, they'll give you the same treat- ' ment when they can ; the knowledge we have of * their practices, has made us trespass a little longer on * your excellency's patience than we at first designed : * But to return to the address ; be believe the gentlemen * of the council have transmitted something to one of ' her majesty's secretaries of state, which they called ' proofs, and with all the secrecy they could, hoping it * may obtain at that distance, especially when backed ' by some whose interest it is, that all they have said * be credited : To prevent the ill consequences that may * attend the belief of what they have said, or indeed ' can say, we shall endeavour to prove every article ' of the said address false ; and that the subscribers * knew several of them to be so at the time of their * signing ; what we say is publick, not carried on in ' darkness, to prevent that reply, which the gentlemen * concerned to justify themselves, and upon the spot, * may make if they can. ' We begin with the title of the address ; which is, * The humble address of the lieutenant governor and council ^ of Nova- Caesar ia or New-Jersey in America. ' This carries a falsehood in the very front of it ; for * it was no act of council ; but signed by some in the * western, and by others in the eastern division of New- * Jersey, by one or two in New- York, at difierent times, ' being privately carried about by a messenger of my lord 380 The history ' lord Cornbury's ; and some were raised out of their ' beds to sign it ; it never pass'd the council ; was never ' minuted in the council books, and the lieutenant ' governor has several times protested he signed it ' without ever reading it : The gentlemen of the council ' cannot deny the truth of this ; if they do, we can 'prove it; but to justify themselves they say, it was ' signed by the lieutenant (jovenwr and the gentlemen of ' the council, though uot hi council: So that it's plain, ' they designed to abuse the queen, by giving it the ' stile of an act of council, which her majesty and ' every body that reads it would take to be so, when ' they knew in their consciences it was not so ; but that ' their malice or servile fears induced them to sign it, ' and may not improperly be called, forging an act of ' council ; it's apparent that Roger Mompesson, esq ; ' signed it by himself ; that it was brought to him as *an act of council, and that as such he thought him- ' self obliged to sign it, as by his reasons for signing it ' appears ; which reasons could have had no weight, ' had he not understood it to be so ; for he owns he * never examined into the particulars of it. ' The first article is. We the lieutenant governor and * council of her majesty's province of Nova- Ocesaria or * New-Jersey, having seriously and deliberately taken into ' consideration the proceedings of the present assembly or ' representative body of this province, thought our selves ' bound, both in duty and conscience, to testify to your * majesty our dislike and abhorrence of the same. This is * true, if signing any thing without reading or examin- *ing into the particulars of it, and by some between * sleeping and waking, be arguments of seriousness and ' deliberation, otherwise not ; except by the words * seriously and deliberately, be meant, their resolutions * on all occasions to do what the lord Cornbury com- * manded them ; as indeed their signing this address, *' and their conduct in every other thing, did but too * plainly evince, to be the only seriousness and delibe- * ration they were capable of : When col. Quarry sign'd * that address, we believe he was misled, and depended too Of NEW-JERSEY. 381 *■ too much on the credit of others ; we must do him A. D, 'the justice to own, that he has of late declined join- ■'•^^^' *■ ing; with them in many of their hot and rash methods, ' and behaves himself at present like a man of temper, ' who intends the service of the queen and good of ' the country. These addressors tell her majesty, that ' they were in duty and conscience hound to testify their ' dislike and abhor'rence of the same to her : Had they ' abhorred falsehood, and discharged their duty as in ' conscience they were bound to do, in refusing to join ' with the lord Cornbury, in all his arbitrary and unjust ' measures, and particularly in that scandalous address, * (pardon the expressions) the country would not have ' had that just cause to complaim, as now they have, ' and in probability always will, while they continue ' in their present stations : There were no proceedings ' in that assembly that any honest man had reason to * dislike ; and their endeavours for the good of the * country, deserve the highest praise, and ought never * to be forgotten by New-Jersey. ' The second article is, That the unaccountable ' humours and jpernicious designs of some particular men, * have put them upon so many irregular if ics, with inten- ' tion only to occasion divisions and distractions, to the ' disturbance of the great and weighty affairs which her ' majesty^s honour and dignity, and the peace and welfare ' of the country required : The so many irregularities ' are, we suppose, what the lord Cornbury mentioned * in his answer to their remonstrance ; which that house ' replied to ; as may be seen in their reply (No. 3.) and ' whether they were irregularities or no, the world can 'judge; but be they what they will, the addressors ' are never able to prove, that the unaccountable hu- ' mours of some particular men put them upon them ; 'they may indeed boldly say they did, and if that will ' do, they may say again, that it was with intention to ' occasion divisions, &c. but that neither proves, that any ' particular men influenced that assembly, nor that the ' intentions of doing so, were as they say ; that being * impossible for them to know ; and if we may be ' allowed 382 The history A. D. 1710. ' allowed to know the intentions of that assembly, they ' were far otherwise than what the addressors represent ' them to have been. ' The 3d article was, That we had highly encroached ' upon her majesty's prerogative royal. ' The 4th, That we had notoriously violated the rights ' and liberties of the subject. ' The 5th, That we had manifestly interrupted justice. * These three articles are what the lord Cornbury, 'in his answer to the remonstrance, charges that assem- * bly with, which are fully answered in the aforesaid ' reply, and proved to be false charges ; and this the * addressors knew when they signed the address, if ever * they read the reply or address (which is very much to * be questioned) and we believe, if the truth M^ere * known, notwithstanding their pretensions to serious- * ness and deliberation, they had little more hand in it * than setting their hands to it, as we shall endeavour ' to evince : It is undeniably true, that it was signed ' at different times, and in different places ; it then ' must be true, that it was brought ready drawn to the * signers, and its very probable that they did not read ' it, certainly not with any consideration : The lieu- ' tenant governor, as we observed before, has owned * he did not, and the late chief justice, Eoger Mom- * pesson. Esq ; a man as likely to read and consider as ' any of them, owns under his hand, he never did ex- * amine the particulars of it ; which is, in other words, * owning he did not read it ; and its not very likely the * rest should : These three articles are the very words * used by the lord Cornbury in his answer : the whole * address seems to be an abridgment of that answer, * several sentences the same, the stile the same, and ' the same vein of intemperance and ill nature through * them both ; and in all likelihood done by his lord- ^ship, who made the addressors father whatever his * lordship was ashamed to own. ' The 6 th article is, That the remonstrance was a most 'scandalous libel. ' The 7th, That the lord Cornbury made a full and * ample answer to it. ' The Of NEW-JERSEY. 383 ' The 8th, That the reply of the house of representa- A. D. ' tives of the province of New-Jersey, was a scandalous * and infamous libel; and they add on that head, this last ' libel came out so suddenly, that they had not time, as yet, ' to answer it in all it$ particulars. ' Certainly it is impossible, that ever men in their ' right wits, after reading such an address, should sign ' it ! Was it ever known, that any book or paper wrote ' by a house of commons, was called a libel, and a ' most scandalous and infamous libel f If the gentlemen * had intended to shew their talents of railing and abu- ' sive language ; they could hardly have taken a more ' effectual way, than by that address, which if it prove ' nothing else, proves them to be very much masters ' of those qualifications ; but we cannot be of opinion, ' that their calling the remonstrance or reply a libel, * proves them to be so ; nor had they any reason to * expect it would be taken by her majesty, for any thing * more than a demonstration of their want of temper ; ' for if those two papers were libels, then the house of ' representatives might have been punished for them, ^ or at least prosecuted ; and if so, any vote, resolve, ' address or remonstrance that they made, or any other ' house of representatives could make, would subject * the said house of representatives (the authors of them) * to the same inconveniency, whenever the gentlemen ' of the council were pleased to call them so : This is * so contrary to the known practice of England, to the ' laws, to the rights and privileges of the house, that it is * a needless labour to prove, either that the gentlemen * never read what they signed, or knew what they signed * to be false at the time of their signing of it : But to say ' a little more, the remonstrance and reply are so far from * being false, that they are most true : Several of the ' facts are owned by the lord Cornbury, and where he * either evades or denies them, they are made out in the ' reply: His bribery was proved by a cloud of evidences ' in the house ; and whatever else is charged upon him, ' he knew to be true ; and it is neither in the power of * his full and ample answer, nor even of the address ' itself. 384 The HISTOEY A.D. 1710. ' itself, to persuade the contrary : The assembly say * indeed in their remonstrance, Had the affairs of New- ' York admitted his lordship oftener to attend those of ' Nerv-Jcrset/, he had not then been unacgitainted with ' their grievances ; and th(d they toere inclined to believe ' they would not have grown to so great a number. This, ' perhaps, may be one of the falsehoods the addressers * mean ; and truly it ought to be acknowledged, tiiat * the then assembly had no reason to believe his lord- ' ship's presence in this province would have any other ' effect, than the increasing, instead of diminishing * their grievances ; but when the addressors say that ' the reply came so suddenly out, that as yet, they had ' not time to answer it in all its particulars : They seem * to imply, that they had answered it in some of them ; * which has not been done, no, not as yet, though it * has been out above three years : And, its coming out ' so suddenly, &c. is a great mistake, to say no worse 'of it ; for it had been out above six months before * their address was signed : This is another proof that * they never read the address before they signed it ; or ' if they did, that they knew what they signed to was * false, at the time of their signing. ' The 9th article is. That these disturbances are owing *• wholly to mr. Lewis Morris and Samuel Jenings, men * o/ turbulent, factious, uneasy and, disloyal principles; * men notoriously known to be uneasy under all government, * and men never known to be consistent with themselves. , ' The 10th article is. That to these men are owing * all the factions and confusions in the governments of *• New-Jersey and Pennsylvania. ' These articles are not only the stile of the lord ' Cornbury's answer to the remonstrance ; but for the * most part the very words. If mr. Morris, and rar. * Jenings, were such men as the addressors say they ' are, viz. turbulent and factious, uneasy under all ' governments, and the causers of the factions and * confusions of New-Jersey and Pennsylvania ; then * certainly to continue thus turbulent, &c. evinced they * were not inconsistent with themselves, but constantly ' pursued Of new-jersey. 386 ' pursued the same measures : This was an expression A. D. * the lord Cornbury was very fond of, and very much ^ ' ' used, and the addressors here have been but the * parrots of his thouglits ; and all they have said of ^ these gentlemen (one of whom is in his grave, viz. Mr. * Jenings) is a notorious abuse ; for whatever was ' done by the assembly (if it's their proceedures they ' call disturbances) was not done either by the influence ' of Mr, Morris or Mr. Jenings, but from a just sense * of their duty, in discharge of the trust reposed in * them by the country, and to prevent the ill effects * of an arbitrary and unjust use of power, by the lord ' Cornbury, so much encouraged by the slavish com- * pliances of the addressors, men never known to be ' inconsistent with themselves, nor we fear never will. ' We should not trouble your excellency longer on ' this head, did we not know this is an article which the * addressors think they can justify, and which they ' suppose will prove a sufficient defence for all they ' have said ; therefore, to put this matter in some ' measure out of dispute, we say, in the first place, ' that should they be able to prove what they say in * that article, yet it would not justify their other accu- ^sations, nor the severe reflections they have unjustly ' made on the representativ'^e body of this province : ' 2dly, It plainly appears by the journals of the house, * that the assembly insisted on the same things, when * neither Mr. Morris nor Mr. Jenings were among ' them ; and now endeavours to evince to your ^ excellency, that their proceedings were reasonable. ' 3dly, The disturbances in Jersey or Pennsylvania, ' ascribed to Mr. Morris or Mr. Jennings, were no * other than the opposition of an unlawful and unjust ' authority, and that during the proprietors govern- ' raent, before it was surrendered to the queen ; so not * a fit matter to have been at that time seriously and * deliberately meddled with by the addressors, and ^ could be done with no other intent but to mislead the ' queen, into a belief that Pennsylvania and New- * Jersey, were then disturbed by these gentlemen ; 2 B ' 4thly, 386 The history A. D. 1710. 4thly, We do not find, that ever Mr. Morris was concerned at all, even during that time, in the western division of New-Jersey or Pennsylvania. 'The 11th article is, That this is done with design to throw off the queen's prerogative royal, and conse- quently to involve all her majesty's dominions, in this part of the world, and the honest and good well meaning men in them, in confusion^ hoping thereby to obtain their wicked purposes. ' It is evident from this article, that the accusations of Mr. Morris and Mr. Jenings, were to mislead the queen into such a belief as we have instanced ; 1st, from their using the terms (is done) being in the present tense : 2dly, they assign the reason why 'tis done, viz. not only to encourage this government, but all the governments in America, to throw off her majesty's prerogative royal, and as a consequence of that, to involve all her dominions in this part of the world, &c. in confusion ; which is in plain English, throwing off our allegiance, and revolting from the crown of England ; the addressors in the first place, suppose all the plantations on the continent of America inclinable to a revolt, whenever they have an opportunity ; or at least if they don't believe it themselves, would have the queen believe so, and be apprehensive of some danger from it ; which if she had, it's natural enough to suppose such severe me- thods would have been taken, as would prevent any such thing ; so that what the addressors have said, is not only an accusation of all the plantations in America, of want of loyalty and affection to her majesty ; but an endeavour to alienate her affections from them : We thank God it has not had the ill effects they intended, and hope no representation founded on the malice of any men, ever will ; but that the au- thors of them may always meet with as little credit as they deserve : Can it be thought, or could the addressors themselves ever seriously and deliberately think, that the province of New-Jersey, (one of the most inconsiderable of all her majesty's colonies, and 'the Of new-jersey. 387 * the most incapable of making any defence, having A. D. ^ no fortification that exceeds u stone house, and of ^ them but very few ; a great part of whose people ' are quakers, who by their principles are against ' fighting) would be so unaccountably mad, as to ' throw off their allegiance (especially to be the first ' in doing it) and expose themselves to unavoidable 'ruin and destruction? Whoever can seriously think ' this, and with deliberation assert it, ought very seri- ' ously, and without much deliberation, be confined to * the society of mad-men, as persons that can seriously 'and deliberately believe and say any thing; which ' is all we shall say to this ridiculous, as well as mali- ' cious charge, and pass to the 12th article; than ' which nothing more untrue, and knowingly so, ' could be asserted, as we shall by what follows, make * out ; the article runs thus : That the assembly are ' resolved neither to support the queen's government with a ' revenue, nor defend it by settling a militia. ' Now it is plain, that this house never did deny to ' raise a sufficient support for the government, and * took proper care concerning the militia, as by the? ' several acts for those ends does more largely appear ; ' nay, when the expedition against Canada, was on * foot we gave three thousand pounds for that end, ' over and above the support of government ; and the ' casting vote for the raising that money, and the ' settling the militia now, was given by Mr. Hugh ' Middleton, one reputed a quaker ; so that it will ' very easily appear, that accusation of the addressors, ' was not only very untrue, but that they knew it to ' be so at the time of their signing of it ; nay more, ' we shall make it appear, that the gentlemen of the ' council have used their utmost endeavours to defeat ' the government of a necessary support, and to ' frustrate, as much as in them lay, the expedition ' against Canada ; so that the accusation lies most 'justly against them, and not against us; for the acts ' for the support of the government, and settling the 'militia, made in the time of the good lord Lovelace, ' was 388 The history was pass'd by them with the greatest difficulty ; and the act for raising three thousand pounds, towards carrying on the expedition against Canada, Avas at their direction, by Elisha Lawrence and Gershom Mott, two of their tools, who were members of this liouse, (and were not quakers) voted out, and who on the first and second reading, voted for it, concealing their design of voting against it, till the time of their voting; and not being quakers, were not suspected of voting against it, otherways care had been taken to put it out of their power ; and to make it apj>ear, that it was done with design, by direction of the lieutenant governor and council, to cast a reflection on the house, and to justify their allegations in their address, even at the expence of defeating the expe- dition; the lieutenant governor colonel Ingoldsby, tho' assured by the speaker, and other members of the house, that if the house was prorogued but for twenty four hours, care should be taken the bill should pass ; who presently after did, notwithstanding, adjourn the house, from the thirteenth of June to the twenty eighth of July following ; a time so long, that if the house and council had been never so willing, the season would by that time have been so far advanced, that it had been of no use then to have raised either men or money towards that expedition ; as the lieu- tenant governor and council very well knew; and had not the honourable colonel Nicholson, and col. Vetch, in an extraordinary manner, prest the calling the house sooner than the time appointed, viz. on the twenty third day of June, neither money nor men had been raised on that account : This we think comes up to a demonstration, that these gentlemen, rather than not gratify their resentments, and give some colour of justifying what they had said, chose to sacrifice the service of the queen, and the common good, on so extraordinary an occasion, to their private piques ; and indeed their proceedures ever since, have confirmed the country in that opinion, and exposed their conduct to a just censure, and shewed that they 'have Of NEW-JEESEY. 389 * have been so far from enJeavouring (as they say, A. D. ' in the last article) by application to the governor, to ' remove the grievances, if any were ; that if their best ' advice was at any time offered, it was rather how to ' continue and render them more intolerable : We ' are sorry we have so much reason to say this as we ^have; but a long and uninterrupted series of despo- ' tick and arbitrary government exacts it from us ; and * which we are sure they will, to their power, continue ' as long as to the great misfortune of this colony, ' they remain in any places of publick trust. ' To enter into a detail of their several male-admi- * stratiuns, 'twould take up more time than we can at * present spare, and stretch the bounds of this repre- ' sentation to too great a length : We have already laid ' before your excellency some proofs against mr. Hall, ' one of the council, of his extortion, and imprisoning ^ and selling the queen's subjects ; who, if they had ' been guilty of the crimes alledged against them, ought ' to have been prosecuted accordingly and not dis- * charged on any hopes of private gain ; and if not * guilty, ought not to have been laid in prison and in * irons, and by those hardships forced to become his ' servants, rather than endure them : But a man that ' could, after taking up adrift several cask of flour, ^ deny them to the owner, and fell 'em, is capable of ' any thing that is ill ; and how fit for so honourable ^ a post as one of her majesty's council, or indeed any * other place of trust in this government, is most humbly ^ submitted to your excellency's consideration. * Were there nothing against Mr. Peter Sonmans, ' but his being indicted for perjury ; from which by a * pack'd jury he was cleared, as appears by the memo- * rial (No. 4.) there being but too much reason to * believe he was justly accused ; it would be no mean ' reason to lay him aside from her majesty's council ; ' it being some sort of reflection to continue a person ' even supposed guilty of so heinous a crime, in so high * a post, which her majesty in a particular manner has * endeavoured to secure the honour of, by directing in 'her 390 The history A.D. 1710. * her instructions, that no person ne^cessitous or much in ' debt shall be of it ; much less a person known to be a ' bankrupt, as Sonmans is, and who at this time, and * for some years past, has lived in open and avowed * aduldery, in contempt of the laws, which his being in ' power not only protects him from being punish'd, ' but enables him to carry on his wicked designs, by * imposing on the honest and simple people, who suspect ' no trick from a person of his rank ; as appears by 'the depositions (No. 5.) relating to the Amboy peti- ' tion against dr. Johnston and mr. Reid ; and to stretcb ' and warp the laws, to the manifest prejudice, ruin and * undoing of many of her majesty's subjects, whose ' complaints from the several parts of the province, (so ' unfortunate as to be under his direction,) we make * no doubt has long e'er this reach'd your excellency's * ears ; and which, we persuade ourselves, will, when 'your excellency is satisfied with the truth of them, * have their proper effects. ' The courts of law in which the gentlemen of the 'council were judges, instead of being a protection ' and security to her majesty's subjects, of their liberties ' and properties, in disputes that came before them, ' becfime the chief invaders and destroyers of them ' both ; and what should have been the greatest benefit, ' proved the greatest grievance ; as we we shall instance ' in a few of the many things we could : And first, ' notwithstanding her majesty, for the ease of her sub- 'jects here, has been pleased to appoint the supreme ' court of this province to be held alternatively at ' Amboy in the eastern, and Burlington in the western 'division of this province; yet the causes of one divi- 'sion are tried in the other, and juries and evidences ' carried for that end, at the great and needless charge ' of those concerned, as well as great expence and loss ' of time to the people in general ; who can receive no ' benefit by the courts being held alternatively, if the ' ends for which they are so held, be not answered, and * causes tried in the same division to which they do * belong ; besides it is a practice of very mischevious ' consequence. Of new-jersey. 391 * consequence, making the people entirely depena on A^ D. ^ and be subject to the judges of the said court, who ■^"^^* * can by that method, lay any persons they do not like, * under the necessity of being at the beforementioned * charge, and make them that way sensible of their * resentments ; which, as we have instanced, they * have been too ready and willing on all occasions to * do : Secondly, the writ of habeas corpus, the un- ' doubted right, as well as great privilege of the sub- ^ ject, was by William Pinhm-ne, Esq ; second judge * of the supreme court, denied to Thomas Gordon, * Esq ; then speaker of the assembly ; and, notwith- ' standing the station he was in, was kept fifteen hours ^ a prisoner, until he applied by the said Pinhorne's ' son, an attorney at law, and then, and not before, ' he was admitted to bail ; which fact as well as other * things, may appear by the said Gordon's case (No. 6) * now laid before your excellency. The proceedings ' against a person in that station, and at that time, * made it but too evidently appear, that the said Pin- * home would not stick to join with the lord Cornbury * in the most daring and violent measures, to subvert ^ the liberties of this country ; and cannot be look'd ^ on by this house, or any succeeding assembly, duly ' considering the procedure and the address above- * mentioned, afterwards signed by him, but as a * person ready and willing on any occasion, to attempt ^ upon their liberties, and overthrow them if he can ; * and how safe we can think ourselves while he conti- * nues in power to hurt, is most humbly submitted. ' Many persons prosecuted upon informations, have ^ been, at their excessive charge, forced to attend court * after court, and not brought to tryal, when there M^as * no evidence to ground such informations on ; but they * kept prisoners in hopes that some might be in time * procured ; and two of them, to wit, David John- * ston and his wife, after some weeks imprisonment, * not admitted to bail till they entered into a recogni- ^ zance, the condition of which was, That if the lord ■* Cornbury was dmatisjied with admitting them to bail, ^ upon 392 The history A. D. 1710. ' upon notice thereof signified to them, they should return ' to their imprisonment : His lordship was dissatisfied, ' and Leeds and Revell, who took the recognizance, ' sent tlieir orders to them to return according to the ' condition of it. ' Actions have been suffered to continue, after the ' persons in whose names they were brought, have in * open court disavowed them, declaring they had never ' given orders for any such actions to be brought. ' Actions upon frivolous pretences have been post- ' pon'd, and the tryals delayed to serve particular per- *sons, when the juries and evidences were all ready, ' and attending on the tryals. ' Though it be the right of the subject, by proper ^ writs, to remove actions from any inferior to a supe- 'rior court; yet at the court of sessions held at Bur- * lington, in December 1709, colonel Daniel Coxe, ' colonel Hugh Huddy, colonel Thomas Revell and ^Daniel Leeds, esquires, justices of the said county, * did reject a wTit of certiorari, obtained by mr. * George Willocks, and tjllowed by Roger Mompes- * son, chief justice, and committed said Willocks till ' he entered into recognizance, to appear at the next ' court of oyer and terminer. ' The case of Peter Blacksfield, who by a mistake ' or design, was divested of his estate, and ruined ; is 'so well known to your excellency, that we need say ' nothing more about it. ' The people called quakers, who are by her majesty 'admitted to places of the most considerable trust with- ' in this province, are sometimes admitted to be evi- ' dences ; as one Mr. Beaks, a quaker, was in a * capital case against one Thomas Bates, at a court of ' oyer and terminer, held by justice Mompesson, col. ' Coxe, col. Huddy, and others ; on which evidence, ' he was condemned to be executed ; and sometimes ' they have been refused to be jurors or evidences, either ' in civil or criminal cases ; so that their safety, or re- ' ceiving the benefit of her majesty's favour, seems ' not to depend on the laws, or her directions, but the ' humours^ Of new-jersey. 39a humours and capricios of the gentlemen who were A. D. judges of the courts : We, with all humanity, take ^^^^' leave to inform your excellency, that the western division was settled by those people, who combated with all the inconveniencies attending a new settle- ment; and with great difficulty and charge, have from a wilderness improved it to be what you now see it is ; there are great numbers of them in it, and should they not be admitted as evidences or jurors, they would be very unsafe ; for it is in the power of ill men, to come into their religious assemblies, and murder as many as they please, and with impunity, tho' look'd on by hundreds of quakers ; or break open their houses and rob with safety ; and the encouragement the gentlemen of the council have given to the meanest of the people, to abuse them, confirms us in the opinion, that there wants not those who have will enough to perpetrate the greatest mischiefs on that people, when they can escape the punishment due to their crimes. ' The procedure of the whole body of the council, in relation to Mr. Barclay, is a demonstration of their arbitrariness and partiality, as by his case, (No. 7.) now laid before your excellency, will more fully appear : When he produced a commission before them, from the proprietors in England, which super- ceded that lame one given to Mr. Sonmans ; they (as appears by an order of council) took the said commission from him ; than which nothing could be more arbitrary and unjust; for that commission was the property of Mr. Barclay, and he had the right of executing the powers of it ; and if any persons was aggrieved, or the commission not good, the law was open to dispute it ; and a copy of it sent to the queen would have answered all the just ends that sending the original could do : It was indeed a short way of determining in favour of Peter Son- mans, and putting it out of the power of Mr. Bar- clay, to rigiit himself, during that administration : The gentlemen may call this a strenuous asserting of 'the 394 The history A. D. 1710. the queen's prerogative royal ; but we can call it by no other name than an open robbery, committed in their judicial capacity, under a pretence of authority ; than which nothing could be worse, or of more pernicious consequence. ' To conclude, all persons not friends" to the gentle- men of the council, or some of them, were sure in any tiyal at law to suifer ; every thing was done in favour of these that were : Justice was banish'd, and trick and partiality substituted in its place : No man was secure in his liberty or estate ; but both subjected to the caprices of an inconsiderate party of men in power, who seemed to study nothing more than to make them as precarious as possible. Your excellen- cy's coming, has put a check to that violent torrent of injustice and oppression, that bore down every thing before it ; and we hope, that during your admi- nistration, ill men will not have authority to hurt, nor their representations gain any credit with a person so able to discern the motives of them ; which are no other, than the gratification of their own resent- ments, even at the price of the publick safety, as we have in great measure already proved ; and their proceedings now does plainly confirm what we have offered ; for what can be the intent of rejecting our bills without committing of them, but to irretate us to that degree, that nothing might be done, either to- wards the support of the government, or the settling of a militia, that they might have wherewithal to justify themselves in what they have said of us ? What was the cause of their rejecting the bill for preventing of corruption in courts of justice, but the consci- ousness of their own crimes, and the fears they had of that examine, which must necessarily have exposed their conduct to a due censure ? What was it that made them throw out the bill against bankrupts (though made by her majesty's express direction) and profess themselves against any bill whatsoever on that head, but the dread they had of feeling the just consequen- ces of it themselves? Nay, one of them, William ' Pinhorne, Op NEW-JEESEY. 395 * Pinhorne, esq ; by name, was pleased to say, it was A. D, * with horror and amazement he beheld a bill with that ^^^^* ' title ; we are not so fond of the bill as it was drawn, ^ but that we would have readily joined with the council ' in any reasonable amendments, had they offered * them ; but we think no honest man could be against ' a bill that makes the estates of persons becoming * bankrupts, liable to pay their just debts ; and we ' hope New-Jersey won't long be a sanctuary for such. * The bill, entitled, An act for enabling persons ag- * grieved by an act for settling the militia of this pro- * vince, was, to make the distresses unreasonably and * illegally made on pretence of the militia act, return- ' able to the owners, and to punish the persons that did ' it ; but this they will not pass, knowing that so just an ' act would be attended with consequences they can by * no means bear ; the instruments of that oppression being ' to be protected by them at any rate, and nothing to ' be heard against them, because they were officers of * the government, tho' their practices were never so ' unreasonable or unjust, and her majesty's subjects * left remediless, and must patiently sit down, after ' having their houses and plantations plundered, and * their persons abused by a crew of needy and mer- ^ cenary men, under pretence of law ; but it was such * persons that were useful to them, and such they must * for their own safety, protect : 'Tis for this reason * they combine together, to secure, as far as they are * able, Jeremiah Bass, their clerk, the secretary of ^ this province, and prothonotary of the supreme * court ; in all these offices his pen is to be directed by ' them ; they dread an honest man in these offices : ' How he has behaved himself, is in some measure ' known to your excellency, especially in the case of * Dennis Linch, the Maidenhead people, and Peter * JBlacksfield ; the two last are notorious malversations ^ in his office, and appear under his hand, and by the ^ minute books of the supreme court ; and it is no * excuse in him, when men are turned out of their ^ estates and ruiu'd, to say, it was a mistake ; if such *an 396 The history A. D. 1710. an excuse would do, it is very easily made on any occasion ; and in this province, can be safe, when such a person continues in offices of so great trust. All the original copies of the laws passed in the time of the just lord Lovelace, are somehow or other made away with ; Bass offers to purge himself by his oath, that he has them not, nor knows any thing of them ; and it may be so for aught we know ; but in this province where he is known, it is also known, that few men ever believed his common conversation, and several juries have refused to credit his oaths ; he corroborates what he says with the evidence of Peter Sonmans, one of the council, a person once indicted for perjury ; and how he was cleared, the aforesaid memorial makes out ; so that we do not think him a person of sufficient credit to determine that point. It is certain, that the secretary's office is the place those laws ought to be in, and he ought not on any pretence to have parted with them out of the pro- vince : It is certain, the lieutenant governor ought, within three months after the passing of them, to have sent copies of them to the lords commissioners for trade and plantations, and duplicates of them by the next conveyance after ; and this under pain of her majesty's highest displeasure, and the forfeiture of that year's salary, on which he should on any pretence whatsoever omit the doing of it; how comes it then about, that neither the secretary Bass, nor mr. Cock- rill, private secretary to the lord Lovelace, and who lived six months after his master's death, was never examined about them ? Mr. Cockrill could have cleared up that matter while alive, if the lieutenant governor could be thought so grossly to neglect what he knew to be his duty ; why did not mr. Bass apply to him in all that time for those laws? If he had parted with them, as he pretends, so much against his will, it was very natural to suppose he would have used the utmost application to get them again ; yet no one enquiry is said to be made after them, either by Bass or tide lieutenant governor, of the lady Love- *lace. Of NEW-JERSEY. 397 Mace, who staid in New- York long after the death of A. D. ' her lord, or of his secretary ; nor no noise at all made • ' about them till this time, so long after the arrival of ' your excellency ; can any body think it was the inte- ' rest of either the lord or lady Lovelace, or his seere- ' tary, or any of his lordship's friends, to destroy a ' law which gave the lord Lovelace eight hunch'ed * pounds, and without which he could not have it ? but ' it does appear to be the interest of the lieutenant go- ' vernor and his friends to destroy it; for they had got ' an act passed, which took from the lord Lovelace ' three hundred and thirty pounds of that money, and ' gave it to the lieutenant governor ; and two hundred ' and seventy pounds more of it was given to him for ' the support of the government. Had he sent the ' act made in favour of the lord Lovelace, to the ' queen for her approbation or disallowance, and her ' majesty had approved of it, as in all probability she ' would have done, then the act made in colonel In- ' goldsby's favour had been void ; but had the other ' gone home first, there was an expectation it might pass, ' the queen knowing no more about the first act, than * that a vote had passed in favour of the lord Lovelace. ' And to make it plainly appear, tliat colonel Ingolds- ' by, and the gentlemen of the council, M^ere appre- ' hensive of the danger of sending those acts to Eng- ' land ; to the act we have now jtast, for making the ' printed copies as effectual as if the originals were in ' the secretary office, that your excellency may be ' enabled to transmit them to her majesty ; they have ' added a providing clause, that the act made in col. * Ingoldsby's time, (which takes that money from the ' lord Lovelace) shall not by this act we have past, be 'made void in the whole or any part thereof; but con- ' tinue in full force and virtue, as if this act had never 'been made: This amendment they insist on, 'tho they ' knew, and do know, we will never agree to a clause ' so foreign to the title and intent of the bill ; but this * is done by them, with design that the bill shall not *pass; by which means her majesty will be without ' authentic 398 The HISTOEY A. D. 1710. authentick copies of the acts, during that good lord's administration ; and they hope will confirm the acts past in colonel Ingoldsby's time : What we have said on this head, shews very plainly who are the persons that ought, with most reason to be charged, with the making away those original laws. ' We are concerned, we have so much reason to ex- pose a number of persons, combined to do New- Jersey all the hurt that lies in their power : Her ma- jesty has been graciously pleased to remove colonel Richard Ingoldsby from being lieutenant governor, and we cannot sufficiently express our gratitude for so singular a favour; and especially for appointing your excellency to be our governor : We have all the reason in the world to be well assured, you will not forget that you are her subject ; but will take care that justice be duly administered to the rest of her subjects here; which can never be done while William Pin- horne, Roger Mompesson, Daniel Coxe, Richard Townley, Peter Sonmans, Hugh Huddy, and Wil- liam Hall, or Jeremiah Bass, Esqrs, continue in places of trust, within this province; nor can we think our liberties or properties safe while they do ; but if they are continued, must with our families desert the province, and seek some safer place of abode : We shall wait till your excellency can transmit accounts of the state of this colony, to her. majesty ; and assure you, that we will on all occasions very readily, to our power, comply with her majesty's directions, and be wanting in nothing that may conduce to make your administration happy, both to yourself and us. Signed by order of the house of representatives. I Will. Beadfoed, Clk. Die Veneris, A. M 9 Feb. — 1710. This representation was received kindly by the governor ; he answered, ' that her majesty had given * him directions tg endeavour to reconcile the diffe- *rences, that were in this province; but if he could 'not Of new-jersey. 399 * not, that he should make a ju^^t representation to her ; A. D. * and that he did not doubt, but that upon the repre- ^'^'^0. ' sentation he should make, her majesty would take * such measures, as should give a general satisfaction. The governor accordingly backing the remonstrance to the queen, got all the councellors removed, that were pointed out by the assembly, as the cause of their grievances, and their places supplied by others : The business of this session being finished, the governor prorogued the house. CHAP. XXI. A session of general assembly : A second expedition to Canada : Meeting of a new assembly : They quarrel: Some members designedly absent themselves : Expelled the house : Several of them again returned, and re- fused seats : A fruitful session at Crosswicks : Last session in Hunter's time: An act passed for running the division line between East and West-Jersey : Willidm Burnet arrives governor : An uncommon wet harvest : Governor Burnet meets a new assembly. GOVERNOR Hunter, convened the assembly in A. D. the summer, 1711, and opened business, with telling them, That her majesty's instructions which he was commanded to communicate, would discover the Gover- . nor s reason of his calling them together, at this time; and speech. that he doubted not the matters therein contained, would be agreeable to them, and the success profitable. That the fleet and forces destined for the reduction of Canada, were arrived in good health and condition, and would proceed in a little time ; that what was required on their parts, was the levying in each divi- sion 180 effective private men, besides officers, and to provide for their encouragement, pay, and provisions, 'as 400 The history A.D. 1711. Second paper bills of credit. Second expediti- on to Ca- nada. Fleet ar- rives. Congress. as well as transportation over the lakes, and other in- cidental charges attending the service. The assembly resolved to encourage this expedition, by raising to the value of 12 500 ounces of plate, in bills of credit,^- to be sunk, together with the former £.3000, by a subsequent tax; and provided bills for raising volunteers to go on the expedition, and for emitting the money. The governor passed the bills, and dismissed them with thanks, for the chearful dispatch they had given. This was a second expedition against Canada, and made a formidable appearance : Nicholson's designs having hitherto, by various disappointments, failed ; he now, under the scheme of reducing all Canada, and thereby engrossing the cod fishery, so prevailed on the new ministry, that the regiments of Kirk, Hill, Windress, Clayton, and Kaine, from Flanders ; Sey- mour's, Disney's and a battalion of marines from England, under the command of brigadier Hill, were sent to hiiu, on this occasion ; they came in 40 trans- ports, under convoy of 12 ships of the line of battle, commanded by admiral Walker ; several frigates, two bomb vessels ; and brought a large train of artillery, under col. King, with forty horses, and six store ships; they arrived at Boston early in the summer. By orders from home, a congress was held at New- London, of all the plantation governors, north of Penn- sylvania, with Nicholson, to adjust the measures to be fallen upon : Two regiments from the Massachusetts, Rhode-Island, and New-Hampshire, joined the British forces ; while the militia from Connecticut, New- York, and New-Jersey, with the Indians of the five nations, under Nicholson, marched by land from Albany, to attack Montreal : The fleet being retarded at k. Equal to £. 5000 currency, at that lime. Of NEW-JERSEY. 401 at Boston for want of provisions, occasioned admiral nn Walker, in a letter to governor Dudley of Boston, to write, ' I concur with the opinion of all the sea and ^ land officers here, that the government of this colony ' have prejudiced the present expedition, instead of ^ assisting it.' The fleet consisting of 68 vessels, and 3463 troops ; anchored in the bay of Gaspee, on the south side of the entrance of tlie river St. Lawrence, to take in wood and water, on the 18th of the month called August, and the 23d in the night, contrary to the advice of the pilots, weighed anchor in a fog, fell Several in with the north shore, and lost 8 transports and 884 jog^'^^"^ men upon the island of Eggs : A council of war was <;alled, who resolved, that by reason of the ignorance of the pilots, it was impracticable to proceed, and that advice should be sent to recall general Nicholson from proceeding to Montreal ; which done, and the fleet Fleet re- returning, anchored in Spanish River, oif Cape Bre- ton, September 4; and there, in a council of war it was resolved, not to attempt any thing against Placen- tia, but to return to Great-Britain : They sailed for Enp-land September 16, and arrived at St. Helens the . Edffar 16th of October : The Edgar, with the admiral's papers, blown up. Avas blown up : This prevented other particulars of the expedition transpiring; thus coucluded, at a great expence of men and treasure, an affair above three years in agitation. In 1712 died Thomas Gardiner, of Burlington, 1712. several times mentioned before ; he was well acquainted jj^g second with publick business, a good surveyor, and useful J.- G^r- member of society; several years one of the council, treasurer of the western division, and the first speaker of assembly after the union of the governments, East and West Jersey. The 7th of December, 1713, the governor called ^^jg the assembly, and next day informed them, tliat he Assembly _ ' meets. 2 was 402 The HISTORY A. D. was glad to see them after so long absence, and believecJ they were not sorry to meet him in so good company; I' that the tender regard her majesty had to their quiet^ in particular at a time when she had blessed the world with a general peace, called for their pious endeavours and could not fail of meeting the returns due from the most grateful people, to the best and most indulgent princes ; that he was persuaded the efforts of such as^ had been removed from places of trust by the queen^ at their request, would be too impotent to destroy the peace, by breaking that mutual confidence, or disturb- ing that harmony, that then subsisted between the several branches of the legislature; that full of this confidence, he recommended to their immediate care^ the providing for past arrears, and future support of her majesty's government, the discountenancing vice and immorality, the improvement of trade and encou- ragement for planting and peopling the province ; that this could not be better effected than by a law to- affirm and ascertain the respective properties of the proprietors and people, if they thought it practicable. That the gentlemen of the present council, having no views or interests differing from theirs, if they would agree to frequent and amicable conferences with them, or a number of them, upon all matters under deliberation, it would save much time and effectually disappoint all contrivances of their enemies; ' who in * return for their being at present no councellors, had ' ridiculously endeavoured to persuade some that they * were no assembly.' ,, The assembly replied, That they were indeed glad address. to meet him in such good company, and as the persons who I. Meaning the change of conncellors, William Pinhorne, Daniel Coxe, Pteter Sonmans and William Hall, had been suspended, and a mandamus since arrived, appointing John Anderson, Elisha Par- ker, Thomas Byerly, John Hamilton and John Keading Of new- jersey. 403 ■who had hitherto obstructed the welfare of their coun- A. D. 1713 try, were removed, they presum'd on the favour oftener than heretofore ; they acknowledged themselves under the greatest obligations to the best of queens, and hoped their actions would demonstrate they were not ungrateful. Among other bills passed this session, was that enti- tiled, ' An act that the solemn affirmation and declara- ' tion of the people called quakers, shall be accepted ' instead of an oath in the usual form, and for quali- ' fying and enabling the said people to serve as jurors, ' and to execute any office or place of trust or profit * within this province.' This bill was introduced by the governor's commu- nicating to the house the queen's instructions on that head, after it was fully adjusted by the council and asseml^ly ; the second enacting clause was thought to be designedly left out by the secretary, who had it to engross, it so passed the council without being per- ceiv'd ; but on reading it again in the assembly it was discovered, and the secretary making his acknowledge- ment at the bar of the house, it passed over : This act continued till the year 1732, and then was supplied by that now in force. Other laws also passed ; this session concluded to mutual satisfaction. ' I thank you,' says the governor in his concluding speech to the house, ' for what has been done this sessions ' for the support of this her majesty's government, and * do not doubt, but that you will receive ample thanks ' from those who sent you, for the many good laws ' that have been passed ; some things that in their nature ' were acts of favour, I have agreed that they should ' be made acts of assembly, that your share may be ' greater in the grateful acknowledgment of your * country. I 404 The HISTORY A. D. < I hope my conduct has convinced the world, (I *■ cannot suppose you want any further conviction) that * I have no other view than the peace and prosperity of * this province ; if such a i^^ as are enemies to both, * are not to be reduced by reason, I shall take the next *■ best and most effectual measure to do it. No historical occurrences intervening, we pass on to the year 1716. Governor Hunter met a new assembly at Perth- 1716. Amboy, in the spring, who chose col. Daniel Coxe, speaker ;"i- being presented and accepted, the governor by speech informed them, That the dissolution of one assembly by the demise of the late queen, of another by the arrival of a new patent from the present king, constituting him governor of the province, and of a third by reason of a circum- stance well known, together with the long sessions at York, and his necessary attendance on the service of the frontiers, had been the occasion of putting off their meeting till now ; that on his part he brought with him a firm purpose for the advantage of the subject and service of the crown ; which, (says he) I have * ever pursued, and now bid a fair defiance to the most ' malicious to assign one single instance in which I have *■ acted counter to what I now profess, notwithstanding *■ the false and groundless accusations and insinuations * to the contrary, from two persons on the other side, ' who m. Tlie members, Town of Burlington, Daniel Smith, Samuel Smith. County of Burlington, Jacob Doujrhty. Jacob Hewlings. Gloucester, Colonel Daniel Coxe, Riohard Bull. Town of Salem, "William Hail, Henry Joyce. County of Salem, William Clews, Dickinson Shephard. Cape May, Jacob Spicer, Jeremiah BasB. J^ert.h- Amboy, William Eirs, John Harrison. Middlesex, John Klnsey, (^harles Morgan. Essex, Josiah Ogden, Joseph Bonnell. £erg'',n, David Akernian, Henry Brockholst. Monmouth, Elisha Lawrence, William Lawrence. Somerset, Benjamin Clark, Tho- jmas Hall. Of NEW-JERSEY. 405 * who pretended to have been instructed from this ; A. D. ■* which though they met with that contempt at home ' they deserved, I could not without injustice to myself ' let pass unmentioned here.' The assembly being now conven'd at Amboy, when it ought in turn to have been at Burlington, were deter- mined to remonstrate against the infring-ement of the usual custom of alternately meeting at each of those places, and accordingly represented to the governor, that in the year 1709, an act was passed, entitled, ' An act ■^ for ascertaining the place of the sitting of the repre- ■* sentatives, to meet in general assembly ;' that iu March, 1710, the aforesaid act was confirmed, finally enacted and ratified by her late majesty, with the advice of her privy council, and transmitted to him (the governor) by the lords commissioners for trade and plantations, the 16th of said month. That as they found themselves entirely inclinable to pay all due regard and obedience to his majesty's and the governor's commands, so they could not but think it their duty to maintain the known establish'd laws of the province. And as that law had the royal sanction, and had gone through all the usual forms both here and in Great-Britain, necessary to the confirming and perpe- tuating of it, they were of opinion it was still in force. The governor replied, That his majesty's instruc- tions, which were laws to him, having restored that affair to the just and equal footing upon which it was put by, and at the time of the surrender of the govern- ment by the proprietors, he could not give his consent to any alteration, or give way to anything that might elude the intent and purpose of that instruction without giving juster grounds of complaint against him, than he had hitherto given ; and that he had reasons of great 406 The history A. D. 1716. Members refuse at- tending. great weight, made it impracticable for him to hold either council or assembly at Burlington, at this time. The dispute being principally founded on the new commission to the governor, upon the accession of K. George the first to the throne; the assembly thought proper to let it drop, and pursue what was before them at the place where they were then conven'd ; matter* however went heavily on ; the speaker disliked the governor, and influenced many of the members: The governor saw there was no prospect of their answering the design of their meeting at that time, so prorogued them. He summoned them to meet again at Amboy on the 14th of May, when only nine members appearing they waited five days, and then presented an address, re- questing the governor would take such methods as he should see meet, to cause the absent members to attend the service ; he sent warrants to several of them, com- manding their attendance, as they would answer the contrary at their peril ; four presently appeared, and there being now thirteen met, the governor sent for them, and recommended their meeting at the house and choosing a speaker, (for their speaker was absent among the rest) in order to enable themselves to send their serjeant at arms for those that were still absent. The thirteen met the 21st, but the speaker still absent; they proceeded to a new choice, and placed John Kinsey in the chair. This done, and the new speaker presented, the gover- nor delivered his speech : ' Gentlemen, * The last time you were here upon the like occasion, * I told you, that I thought fit to approve of whatever * choice you thought fit to make of a speaker : I now * tell you that I heartily approve of the worthy choice * you have made. *A» Of new- jersey. 407 ' As the conduct of that gentleman who last filled A. D. ■* the chair, sufficiently convinced you of a combination ^ between him and his associates, to defeat all the * purposes of your present meeting : I hope, and can- * not doubt but it will open the eye^ of all such as by ■* his and their evil acts, and sinistrous practices, have * been misled and imposed upon ; so that for the * future, here they will not find it so easy a matter to * disturb the peace of the country. ' I must refer you to what I said at the opening of ' the assembly ; but harvest drawing near, I am afraid ' you'll hardly have time for more business than what ' is absolutely and immediately requisite ; that is the ' support of the government, and the publick credit, ' you know that the date of the currency of your bills * of credit is near expiring, so there will be wanting a * new law to remedy the evil that must attend the * leaving the country without a currency for ordinary ^ uses, as well as trade. Egbert Hunter. The house then examined into the conduct of their late speaker, and the absent members, who on the question, were all at different times severally expelled, for contempt of authority and neglect of the service of their country, and writs issued for new elections. The 8th of next month soon after the speaker's exclusion, but before the other members were expelled, the assembly presented their address as follows : ' May it please your excellency, * Your administration has been a continued series of 'justice and moderation, and from your past con- ' duct we dare assure ourselves of a continuation of it, * and we will not be wanting in our endeavours to * make suitable returns, both in providing a handsome ■* support of the government, and of such a continuance * as may demonstrate to you and the world, the sense "* we have of our duty and your worth. ^ 'The 408 The HISTORY A. D. < The gentleman, our late speaker, has added this 1716. i Qjjg instance of folly to his past demeanour, to con- ' vince us and the world, that in all stations, whether ' of a counsellor, a private man, or a representative, 'his study has been* to disturb the quiet and tranquility * of this province, and act in contempt of laws and ' government ; we are sensible of the effects it has had, * and may have on the publick peace ; and our expul- 'sion of him, we hope evinces that we are not the * partisans • of his heat and disaffection to the present * government ; we are very sorry he has been capable ' to influence so many into a combination with him, to *■ make effectual his ill purposes ; but we hope it is * rather the effect of weakness than malice, and that * their eyes are now so much opened that they'l return * to their duty, and join with us in providing for the ' publick credit, and whatever else may make this pro- * vince happy, and your excellency easy. Next the assembly resolved, ' That the late members * whom they had expelled, should not sit as members * of the house if they should be returned on a new * election, during this sessions of assembly.' Notwithstanding this resolve, several of the same members were returned ; but refused seats in the house, and the electors obliged to choose over again. The governor then prorogued them to the 3d of October. In November the same house met at Cros- wicks,^-- the small-pox being at Burlington ; the gover- nor opened the business of this session by telling them, That supporting government and publick credit, re- quired their immediate deliberation ; that they knew the funds for the first had expired fifteen months ago, and that the other had suffered much by the obstinacy of some in refusing the payment of taxes, or remis- ness n. The true Indian name of this place \% supposed to be Closs- weeksung, a separation. Of NEW-JERSEY. 409 ness in others in collecting; or puttino- the laws in exe- A. D. 1716u cation, sufficient (if duly executed) to have answered the end, and in a great measure prevented or remedied that evil ; that he doubted not they were now met with a good disposition, as well as in full freedom, all clogs and bars being removed, to pursue to effect the good ends of their meeting, and to make good their engage- ments and promises in several addresses ; that the true interest of the people and government were the same ; to wit, a government of laws, that no other deserved the name ; that this was never separated or separable but in imagination by men of craft, such as were either abettors of lawless power on the one hand, or confu- sion and anarchy on the other ; that the first was not the case of this province, and we had well grounded hopes, that all endeavours towards the latter were ceased. This session proved long and fruitful : It held above two months ; sixteen publick and private bills received the governors assent. In 1718 died Samuel Smith, one of the members of assembly for Burlington ; he had sought happiness in 171&. the quiets of obscurity, but being against his inclination called to this and other publick stations, he passed thro' them with a clear reputation : In private life he was inoffensive, benevolent, steady and respected, «• This year was remarkable for an uncommon storm of hail : It fell larger than had been remembered before in the provinces, it killed many wild pigeons, and other birds, and did considerable damage. In 0. He witli five of his brothers, John, Daniel, Joseph, Emanuel and Richard, and one sister, removed from near Bramham, in Yorkshire, at difl'orent times; but mostly in and about the year 1691. Daniel served the publick several years faithfully in assembly, and died in 1742. Richard was 12 years one of the council, and died the latter end of 1750. 410 The HISTORY A. D. In the beginning of summer 1742, another hap- pened with a strong gust of wind, accompanied with some rain and hail of very uncommon bigness ; in one house it was said to have struck 28 holes through the roof; the damage to the grain in some places was so great, that the farmers began to forbear selling their last year's stock, lest they should want bread ; at Amwell, a boy was said to be kill'd, and others very- much hurt. Such another happened in the spring 1758 : It came from the north, the hail in large stones continued for 8 or 10 minutes, and abated gradually; it drifted in some ])laces 6 Inches think, it went in a vein as it com- monly does) about a mile and a half broad : The de- struction of green corn and gardens were great, and the trees had their young leaves shattered to pieces. In the spring governor Hunter again met the assem- bly at Perth-Amboy ; but at the desire of the members, their private affairs interfering, they were adjourn'd to the winter, when meeting he made a speech, setting forth : That the revenue was sometime since, expired ; that when this came under consideration, he desired an augmentation of the officers salaries ; that in former acts they were so scanty and so retrench'd from what they had been, that the officers were not enabled to per- form their respective duties. That the assembly of New- York, had passed an act for running the division line, betwixt this province; and that upon supposition, that another for the same purpose would be passed here; that the justice due to the proprietors and the disturbances among the people, made such a law immediately necessary ; that he had formerly recommended their providing for an agent at the court of Great Britain, and now repeated it; that Of new-jersey. 411 that the lords commissioners for trade, had in several of A. D. their letters complained of tlie want of one ; that this was the only province in his majesty's dominions, that had none; that by means of this omission their business in England stood still ; that what could not be delayed without danger or loss to the publick, since his admini- stration had been negotiated by persons employed by him, at his own very great expence, which he hoped they would consider ; that as to projects of trade, he had no reason to change his opinion since they last met ; that to this subject he referred them on what he then spoke P- The assembly said in their address. That they were not insensible the present circumstances of the govern- Addreaa ment as well as of the country, made their meeting necessary, notwithstanding the rigour of the season ; that they were not unmindful that the revenue was expired, nor of their duty in a reasonable support; that they were willing to pass an act for running the division line betwixt this province and New York ; but conceived 'the expence of that affair belonged to the proprietors of the contested lands ; that they were very sensible an agent for the province at the court of Great Britain, was very necessary, but were sorry the cir- cumstances of the province, Avere such, that they could p. The paragraph was as followeth : ' As for the measures of advancing or rather for giving a being to 'trade amongst )'on, the generality of you has shewn such aversion * to solid ones ; and others such a fondness for imaginary or 'ruinous ones, that without a virtue and resolution of serving those 'you represent against their inclination, your endeavours will be to 'little purpose; but if any thing of that nature fall under delibera- ^ tiou, I cannot think of a better guide, than a just inspection into ■"the trade in other provinces, where it is in a good and flourishing 'condition, the means by which it became so, can be no mystery; 'where it is otherwise, or has decayed, you will find the true ' cause of such decay con^^picuous : And it is but a rational conclusion, ■'that what has form'd trade or that on which it depends, credit in ' one place cannot but be the most proper means either to begin it ^or preserve it in another.' 412 The HISTORY A. D. could not make a suitable provision for so useful aa officer ; and that they would readily come into any measures that might be effectual to promote the trade and prosperity of the province. Tills session produced eleven publick and private bills, among them -svas one for running and ascertain- ing the division line betwixt New-Jersey and New- York ; but this act was never put in execution further than fixing the north partition point ; this was done by indenture made the. 25(h of July, 1719, between R. Walter, Isaac Plicks and Allane Jarrat, surveyor general, on the part of New-York ; John Johnston and George Willocks, on behalf of East-Jersey ; Joseph Kirkbride and John Reading, on behalf of West-Jersey, and James Alexander, surveyor general, on behalf of both East and West-Jersey ; these com- missionei*s and surveyors duly authorized, met at the place, and after many observations of the latitude, unani- mously by the deed aforesaid, fixed the north partition point on the nothermost branch of Delaware; which they found to be that branch called the Fish-Kill : This done, the commissioners for West-Jersey thought they were not further concerned ; the others, though both greatly interested in having it settled, left it an uncer- tainty till 1764, when by acts of assembly of both colonies, it was referred to be finally settled and deter- mined by commissioners to be appointed by the crown. Another act pass'd now, was that for running and ascertaining the line of division between East and West Jersey ,7- the conditions here not hitherto complied with, this line remains in the same uncertainty the act left it ; still a subject of inconvenience and anxiety to many, and seems to call for exertion in those with whom the powers to settle it, are properly lodged. The q. Vid. Laws of the province, vol. 1, p. 63, &c. Of NEW-JERSEY. 413 The beginning of the summrr this year afiForded a A. D. fair prospect of a plentiful harvest, much was expected ' * from a great crop in the ground ; a day or two in the Wet har- beginning proved good weather, but before the grain was secured, showers of rain and a few hours sunshine constantly succeeded each other; clouds at first small in appearance, spread widely and filled the furrows : the intervals of sunshine encouraged opening the shocks, but were not long enough to dry them ; after several weeks came two days and a half fair weather ; what could be dried and sav'd was now done, the rain then began again, and continued day after day as before, alternate rain and sunshine for near three weeks, so that single ears of corn standing, grew ; thus it con- tinued till the grain was generally reaped, several lost their corn entirely, others saved but little ; this was what is called the wet harvest. We are now come to the end of governor Hunter's 1720. administration, he resigned in favour of William Burnet (son of the celebrated bishop) and returned to Governor England ; he had a ready art at procuring money, ^^''^^^'^ ^®* few loved it more ; this foible 'tis said drew him into schemes, gaming, and considerable losses ; tho' not in all respects accomplished : His address here was en- gaging and successful, he assented to most of the laws the people wanted, and fiU'd the offices with men of character. He had before, so early as the year 1705, been appointed lieutenant governor of Virginia, under George earl of Orkney, and was on his voyage thither taken prisoner to France. The assembly at the sessions last mentioned, fixed for salary and incidental charges 600/. per annum. Salary. for two years this had been the accustomed supjDort, since the surrender, except once in lord Cornbury's time, 500/. was provided in the succeeding administra- tions, 414 The history A. D. 1720. Governor Burnet. 1721. Speech. tions, till Lewis Morris, came governor of New- Jersey, separate of New- York ; when it was augmented to 1000^. per annum, and 601. house rent, with 500^. addition the first year, for expences attending his voyage, &c. Governor Burnet »*• met the assembly soon after his arrival, but little business was then thought necessary, nor did they very well agree ; that house had been continued a long time, and were now dissolved, and writs issued for a new election. The members returned, were convened early in the spring, 1721 ; they chose dr. John Johnston, speakers- The governor's speech. ' Gentlemen, ' The choice which the country has made of you to * represent them, gives me a happy opportunity of ' knowing their sentiments ; now when they have been * fully informed of mine in the most publick manner, * I have no reason to doubt, that after so much time * given them to weigh and consider every particular, * you bring along with you their hearty resolutions to ' support his majesty's government, in such an ample *and honourable manner as will become you to offer, * and me to accept ; and in doing this. I must recom- 'rnend r. The members of council in his instructions were, Lewis Morris, Thomas Gordon, John Anderson, John Hamilton, Thomas Byerly, David Lyell, John Parker, John Wills, John Hugg, John John- Bton, jun. John Beading, Peter Bard. 8. The members of this house were: Town of Perth- Amboy, John Johnston, Andrew Bedford. County of Middlesex, John Kinsey, Moses Bolph. Somerset, Bobert Lettis Hooper, Thoams Leonard, Essex, Josiah Ogden, Joseph Bonnel. Bergen, William Provost, Isaac Vangezon. Monmouth, William Lawrence, Garrat Schank. Town of Burlington, John Allen, Jonathan Wright. County of Burlington, William Trent, Thomas Lambert. Gloucester, Samuel Cole, John Mickell. Town of Salem, John Mason, Thomas Mason. County of Salem, Isaac Sharp, Bartholomew Wyatt. Caps May, Humphrey Hughes, Nathaniel Jenkins. Op NEW- JERSEY. 415 mend to you, not to think of me/- so much as of A. D. the inferior officers of this government, who want ^^■^^' your care more, and whose salary have hitherto a- mounted to a very small share of the publick expence. I cannot neglect this occasion of congratulating you upon the treasures lately discovered in the bowels of the eiirth, which cannot fail of circulating for the general good, the increase of trade, and the raising the value of estates ; and now you are just beginning to taste of new blessings, I cannot but remind you of those which you have so long enjoyed, and without which all other advantages would but have encreased your sufferings, under a Popish king, and a French government. ' You can ascribe your deliverance from these, to nothing but the glorious revolution, begun by king William the third, of immortal memory, and com- pleated by the happy accession of his present majesty king George, to the throne of Great-Britain, and his entire success against his rebellious subjects at home, and all his enemies abroad. ' To this remarkable deliverance, by an over-ruling hand of providence, you owe the preservation of your laws and liberties, the secure enjoyment of your property, and a free exercise of religion, according to the dictates of your conscience : These invaluable blessings are so visible among us, and the misery of countries where tyranny and persecution prevail, so well known, that I need not mention them, to raise in your minds the highest sense of your obligations to serve God, to honour the king, and love your country. W. Burnet. The t. Whether an alteration in sentiment, or instructions, or both was the cause, must be left to conjecture ; but while governor of the Massachusetts Bay, his conduct was different; there he insisted for several years with the greatest firmness on an indefinite support, and pursued it through the plantation board, privy council, and to the parliament, where his death prevented its coming to a conclusion. 416 The history A.D. 1721. The assembly's address. * May it please your excellency : ' We gladly embrace this opportunity, to assure your 'excellency, that our sentiments and those we repre- ' sent, are one and the same, chearfully to demonstrate * our loyalty to our sovereign king George, and sub- * mission to his substitute, and readiness to support his * government over us in all its branches, in the most * honourable manner the circumstances of this pro- ' vince will allow ; which we hope your excellency will * accept of, tho' it fall short of what the dignity of his * majesty's governor and the inferior officers of the * government might expect, were the province in a ' more flourishing condition. * We thankfully acknowledge your excellency's con- * gratulation, and doubt not when the imaginary trea- * sures (except mr. Schuyler's) becomes real, the coun- * try will not be wanting in their duty to his majesty in * making your excellency, and the officers of the * government partakers of the advantage. ' We doubt not but your excellency will extend your * goodness to countenance any proposal that may tend * to the publick yitility. * We hope your excellency will excuse us in falling * short of words, to express our thankful acknow^- * ledgements to God Almighty and those under him, * who have been instruments in working deliverance * to that glorious nation to which we belong, from * popery, tyranny and arbitrary power, wishing it may * always be supplied with great and good men, that * will endeavour their utmost to maintain his majesty's * royal authority, and assert and defend the laws, * liberties and properties of the people, against all * foreign and domestic invaders. ' We beg your excellency to believe the sincerity of * our thoughts, that there are none of his majesty's * subjects that entertains hearts more loyal and aifecti- ■* onate, and desire more to testify their duty, gratitude 'and obedience to their sovereign king George, his ' issue, Of NEW- jersey. 417 ^ issue, and magistrates in their respective degrees, than A. D. ' doth the representatives of his majesty's province of -^^^^^ ' New-Jersey. John Johnston, speaker.' Sundry bills were prepared this sessions, among these, one had a title too singular to be omitted, An ad against denying the divinity of our saviour Jesus Christ, the doctrine ui^^^\\ of the blessed trinity, the truth of the holy scriptures, and spreading atheistical boohs : Assemblies in the colonies have rarely troubled themselves with these subjects, perhaps never before or since ; it probably arose from the governor's motion, who had a turn that way, and had himself wrote a book to unfold some part of the apocalipse ; the bill was however rejected on the second reading in the assembly : The sessions continued near two months, the support was settled 500/. a year, for five years ; the governor after passing that, and several other bills, dismissed the house with the following speech. ' Gentlemen, ' I have so many reasons to thank you for your pro- 5, , . ' ceedings in this affair, that should I mention them dismissing 'all, time would not suffice me; two I cannot but the assem- ' acknowledge in a most particular manner; the acts ^^y* ' for the chearful and honourable support, and for the ' security of his majesty's government in this province. ' I cannot but say, that I look upon the latter as the ' noblest present of the two ; as I think honour always ' more than riches : The world will now see the true ' cause of our misunderstandings in the last assembly, ' and that we met in the innocency and simplicity of ' our hearts : that the enemy had sown such seeds of ' dissention among us, that defeated all our good ])ur- ' poses, and made us part with a wrong notion of one ' another. ' It has pleased God now to discover the truth, and * no man in his sober senses can doubt that the hand of ' Joab was then busy, as it is now certain that it has at * this time. ' It 2d 418 The history A. D. 1721. ' It is a peculiar honour to me to be thus justified in all ray conduct by the publick act of the whole legislature ; and God knows my heart, that I am not fond of power, that I abhor all thoughts of revenge, and that I study to keep a conscience void of offence towards God and towards man. ' After the publication of the acts, I desire you to return to your house, and after having entered this speech in your minutes, to adjourn yourselves to the first day of October next ; that tho' it is not probable we should meet so soon, it may not be out of our power if occasion should be. ' May 5, 1722. W. Burnet.' Governor Burnet, after this, continued to preside over New- York and New-Jersey, till 1727; when he was removed to Boston, and succeeded by John Montgo- merie. Esq; he continued till his death, which happened in the summer 1731 : To him succeeded William Cosby, Esq; he continued till his death in 1736 : The govern- ment here then devolved on the president of the council, John Anderson, Esq; he died about two weeks after- wards, and was succeeded by John Hamilton, Esq; (son of Andrew Hamilton, governor in the proprietors time) he governed near two years. In the summer, 1738, a commission arrived to Lewis Morris, Esq; as governor of New- Jersey, separate from New- York ; he continued till his death in the spring 1746 ; he was succeeded by president Hamilton ; he dying, it devolved upon John Reading, Esq; as the next eldest councellor; he exercised the office till the summer 1747, when Jonathan Belcher, Esq; arrived; he died in the sum- mer 1757, and was succeeded by John Reading, Esq; president. Francis Bernard, Esq; arrived governor 1758 ; was removed to Boston, and succeeded here by Tho- mas Boone, Esq; in 1760; he was removed to South- Carolina, and succeeded here by Josiah Hardy, Esq; iu Of new-jersey. 419 in 1761 ; he was removed, and afterwards appointed A. D. . . . 1721 consul at Cadiz, &c. and succeeded here in the spring 1763, by the present governor, William Franklin, Esq. CHAP. XXII. Occurrences since the year 1721. HAVING now gone through the accounts pro- posed to the limited period ; what follows are partly matters incidental ; the rest tho' not a regular course of events, nor perhaps more important than others omitted, may nevertheless assist in a future Volume, and in the mean time possibly be of some historical service here. December 29, this year, died William Trent, Esq ; 'i-'^H. chief justice of New- Jersey : He was several years member, and part of the time speaker of the assembly ; ana being a large trader at Trenton, when that place was laid out for a town, it from him took its name, being before significantly called Little- Worth : He had been also speaker of the assembly of Pennsylvania ; he bore the character of a gentleman. In November a small earthquake was felt, it began I'^o. between the hours of ten and eleven at night. In this year the following act was passed, which tho' but short, will probably hereafter be found of great importance. ' An act for the limitation of actions, and for ' avoiding suits in law. ' For quieting men's estates and avoiding of suits : ' Be it enacted by the governor, council, and general * assembly of this province, and it is hereby enacted *by the authority of the same, That all the statutes 'now in force, in that part of Great-Britain, rallied ' England, 1727. with tirmness and resignation, and went through the business of the government in the most difficult part of the late war, with unremitting zeal in the duties of his office. In this year died Andrew Johnston, esq ; aged 67 : 1762. He succeeded his father in representing Amboy in assem- bly, and was speaker several years ; long one of the treasurers: The last 15 years of his life he was in the council, and a diligent attender on the business there ; he had great equality of temper, circumspection of conduct, an open, yet grave engaging mein, much, goodness of heart, and many virtues both publick and private. The 30th of October, between four and five in the 1763. afternoon, was a very considerable shock of an earth- quake ; which directed its course to the eastward. In the beginning of this year died Robert Hunter 1764. Morris, Esq ; He was near twenty-six years one of the council, and chief justice of New- Jersey, and some time lieutenant governor of Pennsylvania : He had strong natural powers, an elevated quickness of appre- hension, a memory tenacious, read much, and was uncommonly furnished in conversation on most sub- jects; Of new-jersey. 439 jects ; he gloried in the rational privilege of free dis- ^jR' •quisition j in his motives to action, disdain'd to resemble the floating log^- that went with the tide; yet the other ■extream had a snare of too delicate concealment to be always avoided : He came young into the office of <5hief justice, stuck to punctuality in the forms of the courts, reduced the pleadings to precision and method, and possessed the great qualities of his office, know- ledge and integrity, in more perfection than had often been known in the colonies : Had no other stations ■engrossed his attention, his character had remained without dispute, more light than shade; inheriting from his father,y- or imbibing a turn at starting more difficulties, than himself or others could easily solve, introduced debate, in which often appeared a seemingly constitutional delight; but being brought up under the tuition of an^ excellent mother, the bias here was qualified in part, with the advantages of this, the father's experience, and much of his own, in variety of situa- tions : He had a liberal education, a comely respectable person, easy address, smooth flow of words, a command- ing influence in his manner, and was a warm friend, but formidable enemy, not partial or oppressive as a judge, in several private relations generous and manly, in none avaritious, in some inconsiderate, in many his own original or his father's copy, often singular, sometimes whimsical, always opinionated, and mostly inflexible. The 20th of the month called July, at about 40 minutes past seven in the evening, an uncommon ball of fire was seen in the north-east, about fifty degrees above the horizon ; it took its course near north-west ; its diameter seemed as large or larger than the sun, ■especially at one time, when it opened so as to seemingly separate X. He was apt to apply this expression in contrast to a sentimen- tal choice. y. See page 427, &c 440 The HISTORY A. D. separate : It appeared like sheets of fire inclining toge- ther; its sound as it went in some places, was said to- resemble that of a great fire urged by a strong wind ; it kept near one height all the way, till it had crossed tlie meridian to the north about twenty degrees ; there a small cloud seemed to attract it; mounting higher, just as it appeared the outward edge of the cloud, it appeared to shatter into innumerable pieces. CHAP. XXIII. The present state of Indian affairs in New- Jersey. TO the accounts before given respecting the Indians, we now add other particulars, as far as New-Jersey hath been concerned. For nigh a century, such of them a^ were natives of that province, had all along maintained an intercourse of great cordiality and friendship with the inhabitants, being interspersed among them, and frequently receiv- ing meat at their houses, and other marks of good will and esteem : When the troubles broke out among the back Indians, it was observed, that some who had usually resided there, were missing, and supposed to have retired among them. In the year 1758, for a considerable time after the first hostilities had commenced in Pennsylvania, the family of Nicholas Cole, in Walpack, nigh the fron- tier of New-Jersey, were at two in the afternoon unex- pectedly attacked, and most of them murdered and carried off; this, and a few other murders alarmed the province, as it was not known or supposed they had any complaint against it.z- The z. They had, to one of the messengers sent from Pennsylvania, complained of the death of the sachem Weequehelah ; but this Of new-jersey. 441 The leofislature appointed commissioners to examine A. D, 1758 into the treatment the Indians had received ; they first met them at Crosswicks, in the winter 1756, and heard what they had then to allege as grievances, and promised to lay them before tiie legislature; which they did at a session in 1757 ; when an act passed to remedy them, by laying a penalty upon persons selling strong drink, so as to intoxicate them, and declaring all Indian sales or pawns for drink, void ; that the person of no Indian should be imprisoned for debt, and that no traps larger than to weigh three pounds and a half should be set, &c. and making all sales of lands or leases void, not obtained according to the direction of the act.«- They afterwards, by another act, gave the commis- sioners power to appropriate sixteen hundred pounds, in purchasing a general release of Indian claims to New-Jersey ; one half to be laid out in a settlement for the Indians residing in the province to the south of Rariton river, whereon they might reside, raise the necessary subsistence, and have always in view the con- sideration they had received for the remainder of their lands was looked upon as meer pretence to colour their attempts with the a{)pearance of justice; as that Indian was known to have been exe- cuted for actual murder, and to have had a legal trial : The fact was, he was an Indian of great note and account both among Christians and Indians, of the tribe that resided about South-river, where he lived with a taste much above the common rank of Indians, having an extensive farm, cattle, horses and negrf)eK, and raised large crops of wheat, and was so far English in his furniture as to have a house well provided with feather beds, calico curtains, &c. He frequently dined with governors and great men, and behaved well; but his neighbour, ca4)tain John Leonard, having purchased a cedar swamp of other Indians, to which lie laid claim, and Leo- nard refusing to lake it on his right, he resented it highly, and threatned that he would shoot him ; which he accordingly took aa opportunity of dciing in the spring 1728, while Le(jiiard was in the day time walking in his garden or near his own house, at iSouth-river aforesaid. a. Vide vol. 2 of laws, pa. 127. 442 TheHISTOKY A. T>. lands; the other half was to be applied to purchase any latent claims among the back Indians not resident in the province. The commissioners accordingly procured a second conference*- with the first mentioned ; which was held at Crosswicks in the second month (February) 1758. They first reminded them, that they liad above a year since informed them, that the disorders committed in the back parts of Pennsylvania and this colony, had not lessened the regard they entertained for their friends the Indians, wdio in this time of trial lived peaceably and quietly among the inhabitants, and assured them of the governor's protection ; that they had then desir'd they would make known any burthen that lay upon their minds ; that the Indians then signifying some abuses they were subject to by private sales made by some of their own people, and the inconveniencies they had suffered from setting iron traps for deer, being cheated of their goods when in drink, and that they thought they had still a right to some pieces of land, which they had not sold ; that in consequence of these demands, they, the commissioners, had faithfully reported to the legislature, who had passed a law to prevent all future abuses of that kind ; and that they were now impowered fully to hear the particulars of any a. The commissioners were, Andrew Johnslon and Richard Salter, esquires, of the council, and Charles Read, John Stevens, William Foster and Jacob Spicer, esquires. The Indians were, Teedye- ecunk, king of the Delawares. George Hopayock, from the Susquehanah. Crosswick Indiana, Andrew Wooley, George Wheel- wright, Peepy, Josepii Cuisli, William Lonlax, Gabriel Mitop, Zeb. Concliee, Bill News, John Pembolus. Mountain Indians, Moses Totamy, Philip. Rariton Indian, Tom Evans. Ancocus Indians, Robert Kekott, Jacob MuUis, Samuel Gosling. Indians from Cranbury, Thomas Store, Stephen Calvin, John Pompshire, Benjamin Clalis, Joseph W'ooley, Josiah Store, Isaac Still, James Calvin, Peter Calvin, Dirick Quaiptay, Ebenezar Wooley, Sarah Stores widow of Qijaquahela. Southern Indians, Abraham Loques, Isaac Swanelac. John Pompshire, interpreter. Of NEW-JERSEY. 443 any claims they had to lands in the colony, which A. D. was determined to do them strict justice : The Indians informed the commissioners, that the lands they claimed, could not be by them described by lines, very intelligible to persons not on the spot, as they went to hollows, and small brooks, which had no cer- tain names ; but that they had described them as well as they could : And then they delivered lists of the tracts they esteemed unpurchased, as follows : No. 1, A power of attorney from Capoose and Telaman, to Moses Totamy, dated the 30th of January, 1743—4, for lands on the south and southwest side of the south branch of Rariton, joining thereto ; as explained by the said power. No. 2. A paper declaring the lands from the half way from the mouth of Metetcunk, to Tom's river, from the sea to the heads of the rivers, belong to capt. John, Totamy WUloekwis ; and from John Pastel's to Hockanetcunk, on CrosswicJcs ; then on a strait course to Mount-Holly, and so up Rancho- cas creek, to the head ; and from thence to the heads of Wisteconk creek, and along the said creek to Jarvin Farrow's Mill, and so to the sea. Pompshire and Stephen Calvin, say, they are concerned in the tract, No. 3. A power of attorney to Totamy, and capt. John, dated the 21st of February, 1742, from Taw- leyneymun, Tohokenum,, Gooteleek, to sell lands on Egg- Harbour, between Mount-Holly and Orosswicks. They have a tract of land beginning at the Old- Ford, by John Fowler's; then on a line to Doctor's creek above, but in sight of Allen- Town ; then up the creek to the lower end of Imlay's town ; then on a line to Crosswicks creek, by Duke Horseman's; then along the said Creek to the place of beginning. Teedy- esGunk and Totamy are concerned in the above lands • Tihen they said, that from the Mouth of Squan, to No 2. belongs to Sarah Store, to whom it was given by her 444 The HISTORY A. D. her husband, to the heads of the branches, and sO' 1758 across from one branch to the other. Tom Store and Andrew Wooley, claim a tract between Cranbury and Devil's Brook, possessed by Josiah Davi- son's sons, that has two new houses built thereon, in which is included tW w^hole tract of the late president Hamilton, and also Mr. Alexander's surveys, where Thomas Sowden lives ; he has sold part of this tract to Hollinshead, wliere M'Gec lives; also has sold some to Josiah Davison, to Doore Marlet, John Wetherilly and James Wilson : He claims lands from Oranbury brook, to the cross roads, lying on the right hand of the road, and is claimed by William Pidgeon; James Wall and John Story lives upon one corner of it ;. also a piece upon Pompton river, the livers upon it he knows not ; it lies in one piece, and is the same that Mr. Woodruff and company, were about purchasing of him. They also claim from the mouth of Squan, to the mouth of Shrewsbury river, by the streams of each, to their heads, and across from one head to the other. Also Vanot's place, an the west side of Squan river. Also a piece at Topanemv^ bridge : In this piece Ben Claus is concerned. Tom Store and Andrew Wooley, also claim a piece on the north side of South River. Polly Ritchies place. Also a piece between Allen-Town and Millstone brook, where Hockan Gapee used to live, joining on the east side of the post road to Amboy ; part of Dun- star's tract. Also, Vanse's place, joining to Millstone brook, on Amboy road ; part of FaUerton's tract. Also a swamp near Gawen Watson's place, belong- ing to the Johnston's family, and the Furmans. Isaac Still claims from the mouth of Great Egg- Harbour river, to the head branches thereof, on the east Of NEW-JERSEY. 445 east side ; so to the road that leads to Ch-eai Egg-Har~ A. D. hour ; so along the road to the sea side, except TuckaJioe, and the Summer's, Steelman, and SkuWs places. Robert Kecott, claims in Piles grove, the places whereon John Mayhue's sons live. Also the township of Dcerfield, in the county of Ou/mherland, where the presbyterian meeting house stands. Also the tracts of James Wasse, Joseph Peck, and Stephen Chesup. Jacob Mullls claims the pine lands, on Edge Pillock Branch, and Goshen Neck Branch, where Benjamin Springer and George llarpole's mills stands ; and all the land between the head branches of those creeks to where the waters join or meet. Abraham Loques claims the Cedar-Swamp, on the east side, Tackahoe Branch, which John Campion and Peter Campbell have, or had in possession. Also Stuypson's island, near Delaware river. Tom Store claims 30 acres adjoining Richard Parks, wheel- wright in Middlesex county. Teedyescunk claims a tract in Hunterdon, called iVe- shannock, beginning at Philip Ringoe's house, which stands near a corner of it ; and so along the road that leads from thence to Brunswick, as far as Neshannock creek ; thence up the same to George Uatten's ; thence on a strait course to Petit's place, and so on to a hill called Paatquacktung ; thence in a strait line to the place of beginning ; which tract was reserved at the sale, and marked out by Wauhaway, who is alive. The Indians in general, claim their settlements near Cranbury, on Menolapan river, in Falkner's tract, whereon many of the Indians now live. And also a few acres below the plantation of Robert Pearsons, on the north side of CrosswicJcs creek. Having 446 The HISTORY A. D. Having delivered these claims to the commissioners the Indians present executed a power of attorney, ap- pointing Tom Store, Moses Totami, Stephen Calvin, Isaac Still, and John Pompshire, or the major part of them, to transact all future business with the govern- ment, respecting lands ; and then they released all claims for themselves, and their heirs, to the proprie- tors of the respective divisions, and the purchasers under them, to all the lands in New-Jersey, not in- cluded in the above list ; and to such of these likewise, as could be proved to be conveyed by deed from the Indian inhabitants, except the claims of the Minisink and Pompton Indians, on the northern parts ; which power was acknowledged by all the parties, before John Imlay, Esq ; one of the judges of Burlington county, in order to b6 first recorded, and then delivered to the Indian attornies. Teedyescunk, the next day told the commissioners that he was very well pleased with what was done, and esteemed the methods concluded on to be just and equitable ; and to this all the Indians gave their assent. Thus things rested, till the latter part of the sum- mer ; when governor Bernard procured a treaty with several of the back Indians, by means of the following message : ' To Teedyescung, king of the Delaware Indians ; ' by Moses Tetamy and Isaac Stille, messengers ' deputed by me : Greeting.' * I was surprised, on my arrival here with his ma- 'jesty's royal commission as governor of this his pro- * vince, to find that invasions have been lately made on * the inhabitants of this colony, and much blood shed * by Indians, supposed to be those of Minisink or * Pompton, who have resided within this colony, and * have sometime since withdrawn themselves ; and as I * have no knowledge of any reason they, or any of them Of new-jersey. 447 ' them, have, for being discontented, or offering vio- A. D. * lence to the Inhabitants of his majesty's colony under °* 'my government; and no public complaints have ' been made by the Indians of Minisink or Pompton, ' formerly inhabitants of this colony, at any of the con- ' ferences held between the commissioners of New- ' Jersey, and the Indian inhabitants of the same ; to pre- ' vent any further hostilities, I hereby send you this ' power, to go to the Indians of Minisink and Pompton, 'formerly inhabitants of this colony; and in my name, ' to desire them to desist from hostilities, and kindly to ' invite them to a conference with this colony ; and to ' assure them they shall be received in the most friendly ' manner, and every endeavour shall be used to esta- ' blish and confirm a friendship between the subjects ' of our great king George, our common father, and ' them, as a thing of the greatest use. You are to ' enforce the natural affection between us and them, ' and how much it is for their interest to be at peace ' with a people, who have the means of making them ' happy and easy, and have, by the blessing of pro- ' vidence, provisions, and every necessary of life in ' plenty, sufficient to supply their friends in distress. ' As I have named a time, most convenient for ' them to be down here, it would give me pleasure ' to see them then : But if unavoidable accidents ' should put it out of their power to attend at that ' time ; I have left the time and place to themselves, ' so that it be in my government ; and that they ' come by Fort Allen, and enter New-Jersey, below * the falls at Trenton, and send an account of their ' arrival, that I may appoint persons to receive and ' conduct them to me. I prescribe this path, be- ' cause the people above, who have lost their friends ' and relations, are so inflamed, as to render it unsafe ' for them to enter this colony above Trenton. If you cannot go to the places of residence of ' the Minisink and Pompton Indians, you are (or in * case of your death or absence, that Moses Tetamy * and Isaac Still are) empowered to employ two good and 448 The history A. D. 1758. and faithful messengers, to find out the chief place of the residence of these Indians, and to deliver to them the message from me, with the belt and four strings of wampum, and tlie safe conduct and flag given you herewith ; and you are desired to report to me, your proceedings herein, with all convenient speed.' Given under my hand and seal at arms, the 25th day of June, in the thirty-second year of his majesty's reign. (L. S.) 'By his excellency Francis Bernard, Esq; ' captain general governor and com- * mander in chief of the colony of New- ' Jersey, &c. * Brethren, the Minisink, or Munsy Indians, and * tho'je of Pctmpton : * it is with great pain I am to tell you, that some * Indians have invaded our province on the upper parts * of the Delaware, and shed much blood, and that ■*you are sus{)ected to be concerned in it. A string. Brethren, ' If you have been instigated to this by the false * suggestions of our enemies, the French, we pity you; * for these proceedings, if not immediately prevented, * must cause a discord between us, which though it ■* may be greatly hurtful to our people, must in the ' end entirely ruin yours, A string. ' Brethren, ' The throne of the great king is founded on justice, ■* and therefore if you had received any injury from * any of his people living within our province, you * should have made your complaints to me, who am 'ordered to do justice to all men, and I wnuld have ^ heard you with open ears, and given you lull satis- * faction. A string. ' Brethren, 'If therefore you have any anger boiling in your * breasts, I, by this belt, invite you to Burlington, in ' five weeks, at which time our great council will be * together ; there to unburthen your minds, and root 'out Of new-jersey. 449 "* out of your hearts the seeds of enmity, before they ^- ^• * take too deep a root. And I will kindle a council fire, * and bury all the blood, that has stain'd our ground, * deep in the earth, and make a new chain of peace, ' that may bind us and our children, and you and your * children, in everlasting bonds of love, that we may ^ live together as brethren, under the protection of the ' great king, our common father. A belt. ' Brethren, ' If these words shall please you, and you should choose that we should be your friends rather than your enemies, let all hostilities immediately cease, and re- ceive this passport, and go to fort Allen; from whence you shall be conducted to Bristol, where you will find deputies, who will take you by the hand and lead you to me at Burlington : But if the time and place I have mentioned, be inconvenient to you, I shall be ready to receive you in this government when you can more agreeably to yourselves, attend. A string. At a conference held at Burlington, on monday, ' August 7, 1758. PRESENT, * His excellency Francis Bernard, Esq ; governor. ' The honourable James Hude, Andrew Johnston, * Peter Kemble, Richard Saltar, Lewis M. Ashfield, "^ Samuel Woodruff, esquires, of his majesty's council. ' Charles Read, John Stevens, William Foster, * Esqrs, commissioners for Indian affairs. ' Indians. Otawopass, or Benjamin, Coallins, or * Goatshank, messengers from the Minisink or Munsey ■* Indians. Apewyet, or John Hudson, a Cayugan, * Samuel, a Delaware Indian, messengers from the * Mingoians. Taudakass, a Delaware Indian, who * came with the Munsey Indians. ' John Pumpshire, interpreter. Moses Totamy, * Stephen Calvin, assistants, ' His excellency sat, holding four strings of wampum "* in his hand, and spoke to them as follows : 2 p * Brethren 450 The history A.D. 1758. ' Brethren, ' As you are come from a long journey, through a ' wood full of briars : with this string I anoint ' your feet, and take away their soreness : With this ' string I wipe the sweat from your bodies : With this ' string I cleanse your eyes, ears and mouth, that yoa ' may see, hear and speak, clearly ; and I particularly * anoint your throat, that every word you say may have ' a free passage from your heart : And with this string ' I bid you heartily welcome.' Then delivered all the four strings. ' His excellency then informed them, that he should * be ready to hear what they had to say, in answer to the ' message he had sent to their chief'*, as soon as would ' be convenient to them ; when they informed him, they ' would be ready in the afternoon : And thanked his * excellency, for using the customs of their fathers, ia * bidding them welcome. ' Monday afternoon. PRESENT, ' As in the morning. * The Indians being informed, that the governor was * ready to hear them, Benjamin, on behalf of the Mun- * sey Indians, holding a belt in his hand, spoke sitting, * not being allowed to stand till the Mingoian had spoke. ' Brother, ' At first when your messengers came to us at Assinske,, * twenty seven days since, our ancient people were glad ' to hear them, and our young men, \vomen and chil- * dren rejoiced at the tidings. We know you are * great and strong, and we took it kindly. All our ' friends and relations were in sorrow, and pitied the * condition of the women and of the children, who are * growing up. The kind words of our brethren the * English, we sent to our uncles the Mingoians ; and * one of them is come down here to the place of our * meeting, to be a witness of what passes between us.' Then Of new-jersey. 451 Then John Hudson, the Cayugan, abovementioned, A. D. stood up, and spoke as follows : ' Brother, '■ In confirmation of what has been said to you, I, ' who am the Mingoian, am, by this belt, to inform ' you, that the Munseys are women, and cannot hold ' treaties for themselves ; therefore I am sent to inform ' you, that the invitation you gave the Munseys, is ' agreeable to us ; and we have taken hold of your * belt; and I desire you may write down my attending ' here; tho' while I am here, I left my family in danger * of being cut oiF by our enemies the French. ' Further, brother, ' I have told you your belt was agreeable, and ' received by us as an earnest of your friendship : But ' tho' we are glad of this opportunity of speaking with *■ you, yet I am to inform you, that it is not agreeable ' to our chief men and counsellors, to have a new ' council-fire kindled, or the old one removed to this ' side of the river, from Pennsylvania, where it hath ' always been kept burning ; the reason is this, we ' know the strength of the water, and that when the * wind and tide is strong, it roars, that our people 'cannot hear: so that it is proper we should have the ' council-fire on the other side of the river nearer to us. ' Brother, ' I think this is a good reason why it should be ' so : For, though we should speak loud, the distant * nations will not hear us, if the roaring waters are ' between us and them. We therefore hope, as the * council-fire is kindled, and kept burning in the forks ' of Delaware, by the desire of all our nations we shall ' see our brother the governor there. '' Brother, * We attend to the words we have heard from you : ' You say you are a man of strength, and we believe ' you are. I am a man as well as you : I know of no ' nation stronger than you ; and our chief men and old * councellers are willing to meet you at the forks of * Delaware, and to confirm our alliance, and brighten 'the 452 The history A. D. 1752. ' the cliaiu of frlcndslnp more clear than it has hcreto- * fore been. This belt confirms lohat I have savl. He tlien delivered the governor a belt, on one side of which are tliree figures of men in black wampum, representing the Siiawanese, Delawares, and Mingoi- ans, living on the Ohio ; on the other side, four figures representing the united councils of the six nations, in their own country: By their being now joined in this belt, he declared it expressed their union. That the western Indians having consulted their uncles, jiow joined in sending it, in pursuance of a belt of invitation sent them above a year since, by George Croffhan, on behalf of the Enojlish. Then Benjamin, on behalf of the Munsies, stood up, and said, ' Brother, ' Our ancient people, and chief men, are glad to hear of the kind disposition of the English. We believe you are wise and strong ; and for the good of our wives and children, for whose protection we are concerned, that they may have some good and lasting settlement made for them to the latest posterity, in order to obtain it, we should be glad of the opportu- nity, to see all our brethren the English together. Our chief men, and old councellors, are making ready to come to the council-fire, in order to settle all matters which have been the cause of uneasiness between us. We believe your professions are sincere, and that you will agree upon wiiat is most for the good of both you and us ; and we shall be ready to be advised by you, as we think you are wise. We are glad to have an opportunity of conversing with you, without interruption, tho' the sun is low : But we hope our and your ancient and wise men, will have the happiness of consulting freely together, for the good of one another, before it be dark ; and that we shall meet one another with sincerity and truth, as we expect the blessing from above to attend us therein. ' And Of NEW -JERSEY. 453 'And I am directed to inform you, that the Indian '*^;.^' * nations will be next full moou after this, at the forks •' of Delaware, and will send the governor word before ' hand, of the particular day they will be there, and ' of their nations and numbers : And so you may make ^ it known to whom you think proper, that they may * be present at our meeting. ' There are two nations besides the Munseys, parties ' to this message. ' The Senecas, whose chief man is Tageeskata, and ^ lives at Mahahensink. ' The Cayugas, whose chief man is Eshakanata. ' The chief man of the Munseys, is Egohohoun. 'Tuesday, August 8, 1758. P K E S E N T . * His excellency the governor ; the gentlemen of the ' council ; the commissioners for Indian affairs ; the * Indians, and the interpreters ; as yesterday. * His excellency delivered the following answer to ' what the Indians said yesterday : ' Brethren, ' I am glad to hear, that our offers of peace and * amity have been well received by your people, and ' that they are disposed to brighten the chain that here- ' tofore had held us together, and to restore that bro- ' therhood that had for many years subsisted between us. ' Of late a great darkness hath overshadowed the land, * but we Iiope, that the sun is up that will disperse the ' clouds that have hindred us from seeing one another, ' and make all our future days bright and pleasant. ' We agree with you, that it would be best tor us all ' to meet at the great-council-fire that is kindled on the * forks of Delaware : It is on many accounts proper ; * and the particular circumstances of this province, * make it most agreeable to us. We differ from the ' neighbouring provinces in many things : AVe have * bounds set to our people, beyond which they neither * can, nor desire to pass ; they are content with the * cultivation 464 TheHISTORY A. D. < cultivation of their lands, and seek not for extraor- 1758. i (jjjjary gains, by following trade out of their own- * country. As we have had little intercourse with your * people, we can have little cause of contention with * them : The encro;ichments of unbounded settlers, ' and the tricks of gaifair traders, cannot be charged ' on us. All we have to do, is to offer your people our * friendship ; which, if you will sincerely and heartily ' accept of it, shall endure to you and your children^ ' as long as the sun shall shine, or the river on whose * banks we meet shall flow. * Bretlu'en, ' I speak the words of justice and benevolence, and * not of fear. It is well known to many of you, that ' as our people are industrious and hardy, they are also ' bold and resolute : If they are attacked, they give * shot for shot, and blow for blow. But we should be * sorry that this their warlike spirit, should be turned * again you our antient friends and brethrn : No ; * let it be exerted against the French, who are the com- * raon enemies of us, of you, and of all people that ' would be free and independent. ' Brethren, ' What I speak to you, I speak to those that sent ' you ; and say to our brethren, that we are honest and ' sincere in our professions to them ; and hope they will ^ be so in what they profess to us. But as we have been ' struck, without having injured any one, we shall ex- * pect that they will give us a proof of their good inten- ' tions towards us, by bringing with them all the * prisoners that have been taken from us. Those ' among you, who are husbands and fathers can best * tell what our people must feel, who have had their * wives and children torn from them. We also expect, * that until we shall all meet at the great council fire, * and these our mutual offers of peace and friendship * shall be brought to maturity, by a solemn and publick * treaty, you will not suffer your own people to commit * hostilities against us, nor any others to pass by you, * without giving us early notice, to prepare ourselves * against them. Brethren, Of new-jersey. 455 ' Brethren, A._D. ' The great God, whom we serve, and who protects ^'^^^' ■* us, and gives us all the blessings of life which we en- ^joy, hath commanded us to be just and benevolent to * all mankind. We are desirous to be so ; and if we * can be assured, that your people will live on terms of ' friendship with us, the lowest person among you shall ^ receive no hurt from our people, that we can prevent * or redress. Of this I will give your people further ' assurance, when we meet at the council fire : In the * mean time, I confirm what I have said by these belts. ' His excellency then delivered one belt to John Hud- * son, the Cayugan, and one to Benjamin, the Munsey. The two foregoing treaties, opened the way for another to be held the October following, at Easton, in Pennsylvania; so much of this as concerns the purchase of the Indian claims to the province of New- Jersey, were as follow : * At a conference held at the town of Easton, on the * eighth day of October, 1758. PRESENT. * The honourable William Denny, Esq ; lieut. governor. ' Lawrence Growdon, William Logan, Richard ■* Peters, Lynford Lardner, Benjamin Chew, John * Mifflin, esquires, members of the governor's council. ' Isaac Norris, Joseph Fox, Joseph Galloway, John * Hughes, Daniel Roberdeau, Amos Strickland, esqrs. ^ committee of the house of representatives. ' Charles Read, Jacob Spicer, esquires, commis- ' sioners for Indian affairs, in the province of New- * Jersey. ' A number of magistrates and freeholders of this * and the neighbouring province, and of the citizens of * the city of Philadelphia, chiefly of the people called * Quakers. * George Croghan, esquire, deputy agent for Indian ■* affairs under Sir William Johnson. * Indians 466 The history A. D. 1768. Indians of several nations, viz. ' Mohawks : Nichas, or Karaghtadie, with one ' woman and two boys. In all 4 ' Senecas : Tagashata, alias Takeaghsodo, alias Sigachsadon, chief man, with 7 other chiefs, 37 other men, 28 women and children. In all 83 ' Onondagas : As .uradonguas, with 9 men, 9 women and children. In all 19 ' Oneidos : Segughsonyout, alias Thomas King, Anagaraghiry, Assany quou, with 3 warrior cap- tains, 6 warriors, and 33 women and children. 45 'Cayugas: Tokaaio, with 8 men, 11 women and children. 20 ' Tuscaroras : Nichaquantaquoah, alias Jona- than with 5 men, 12 women, and 2 children. 20 * Nanticokes : Robert White, alias Wolahocu- my, Pashdomokas, alias Charles, with 16 men, 20 women, and 18 children. 56 * Conoys : Kanakt, alias Last Night, with 9 men, 10 women, and 1 child. 21 Tutelos : Cakanonekoanos, alias Big Arm, Asswagarat, with 6 men and 3 women. 11 * Chogknots : Ten men, 20 women and children. 80 ' Chihohockies : alias Delawares, and Unamies : Teedyuscung, with divers men, women and children. 60 ' Munsies or Minisinks : Egotcho^ven, with sundry men, women and children. 35 * Mawhickons : Abraham, or Mammatuckan, with several men, women, and children. 56 ' Wawpings or Pomptons : Nimham, Aquay- wochtu, with sundry men, women, and children. 47 In all 507 ' Conrad Weiser, Esq ; provincial Interpreter. ' Captain Henry Montour, interpreter in Six Nation ' and Delaware languages. 'Stephen Calvin, Isaac Stille, Moses Tetamy, De- * laware Indians, interpreters in the Delaware lan- * guage. At Of NEW-JERSEY. 457 * At a conference held at East'^n with the Indians, on A. D. ' the 11th of October, 1758. P. M. ^^^7« PRESENT. ' Governor Denny, with his council, and the several ' Pennsylvania gentlemen, as before. ' The Indians, &c. as before. * His excellency Francis Bernard, Esq ; captain general ' and governor in chief of his majesty's province of * New- Jersey. ' The honourable Andrew Johnston, Charles Read, John Stevens, Jacob Spicer, William Foster, Esqrs, commissioners of New-Jersey, for Indian affairs. * Tagashata, the Seneca chief, intending to speak first, on behalf of the Indians, had laid some belts and strings in order on the table. ' As soon as the company sat down, Teedyuscung holding out a string, said he had something to deliver, and desired he might be heard first of all. Mr. Ci*og- han requested to know, if what he was going to say was the result of the Delaware council, and if it was their desire it should be spoke first; but no answer was given him as to this. ' Governor Bernard signifying his desire to bid the Indians welcome, and just mention to them the busi- ness he came upon, it was agreed he should speak first ; which he did as follows. ' Brethren, ' I AM glad to see so many of you met together, to cultivate peace with your brethren and old friends the English. I heartily bid you welcome, and with that the good work for which you are now assembled, may prosper in your hands, and have that success, which your wise men, and all that wish you well, must desire as a thing much to your advantage. ' The situation of the province over which I preside, and the disposition of its people, have hitherto afforded very little occasion for treaties with the neighbouring 453 The history A. D. 1758. neighbouring Indians ; but having some months ago sent a message to the Minisinks, I received a message from our brethren the Seneciis and Cayugas, wherein they take upon them to answer ray message to tlie Minisinks, and desire tliat I would meet them at the council fire burning at this place. ' It is not usual fr>r the king's governors to go out of their provinces ^ attend treaties ; but I am glad to have an opportunity of shewing my good dispo- sition to establish peace and friendsliip with ray neigh- bours, and therefore I have waved all form, and am come here according to the invitation I received at Burlington. * To you, therefore, our brethren the Senecas and Cayugas, and your nephowB the Minisinks, I now speak, and desire tiiat you wouhl take into your riiost serious consideration, my message to the Minisinks, your message to nie, and ray answer thereto, and let me know what we are to expect from you. * What is past we are wilHng to forget ; but I must remind you, that if you are disposed to be our friends for the future, you should give us that proof of your sincerity, which I have desired in my answer to your message, and return us the captives that have been taken out of our province, and are now within your power : This should be one of the first steps, and will be the best that can be taken towards restoring and confirming that brotherly love and friendship between us; which, I am convinced, will be for tlie mutual benefit of all parties.' ' This was interpreted in the six nations language, by mr. Weiser, and in the Delaware, by mr. Stephen Calvin, the Indian school-master in West-Jersey. ' Then Teedyuscung spoke, ' Brethren, * I desire all of you who are present will give ear to * me. As you, my bretliren, desired me to call all * the nations who live back ; I have done so. Now if * you have any thing to say to them, or they to you, * you must sit and talk together. * Brethren, Of new-jersey. 459 ' Brethren, A. D. * I sit by, only to hear and see what you say to one ^^^^' * another ; for I have said what I have to say, to the go- * vernor of Pensylvannia, who sits here ; he knows what ' has passed between us. I have made known to him ' the reasons why I struck hiiti. Now I and the go- * vernor have made up these differences between him ' and me ; and I think we have done it as far as we * can for our future peace.' A string. The above speech was interpreted in the six nation language. Tagashata then rose up, and spoke, ' Brethren, the governors, and your councils, ' It has pleased the most high, that we meet together * here with chearful countenances, and a good deal of ^ satisfaction : And as publick business requires great ' consideration, and the clay is almost spent, I choose to * speak early to morrow morning.' The governors answered, that they should be glad to give all the dispatch possible to this good work they ■were engaged in, and desired the chiefs would fix the time of meeting ; but they declined it, saying, ' They were unacquainted with hours, but would give notice Avhen they were ready.' *At a conference held at Easton, on the 12th of 'October, 1758. PRESENT. ' The governors ; the gentlemen of their councils, and ' others, as before. ' Tagashata, the Seneca chief, taking the strings and * belt of wampum, which governor Bernard gave yester- ' day, repeated according to the Indian custom, the * particulars of his speech, and then added, ' Brethren, ' We approve of every article mentioned to us yes- * terday, by the governor of Jersey ; all that he said is * very good : We look upon his message to us, as a ' commission 460 The history ' commission and request from him, that we should * brinsT matters to a good concUision with our cousins * the Minisinks. They themselves sent for us to do * the same thing, on their behalf; and at their request * we came here, have taken it in hand, and will use ' our utmost endeavours to bring about the good work ' which governor E rnard desires, and do not doubt ' but it will be done to his entire satisfaction. ' Brethren, ' I now speak at the request of Teedyuscung, and * our nephews the Delawarcs, living at Wyomink, and * on the waters of the river Susquehannah. ' Brethren, ' We now remove the hatchets out of your heads, * that was struck into it by our cousins the Delawares : ' It was a French hatciict that they unfortunately made ' use of, by the instigation of the French : We take it * out of your heads, and bury it under ground, where * it shall always rest and never be taken up again. Our * cousins the Delawares, have assured us, they will ' never think of war against their Brethren the English * any more, but employ their thoughts about peace, * and cultivating friendship with them, and never suffer ' enmity against them to cuter into their minds again. * The Delawarcs desired us to say this for them by ' this belt. A belt. * Brethren, ' Our nephews the Minisink Indians and three other ' different tribes of that nation, have, at last, listened ' to us, and taken our advice, and laid down the ' hatchet they had taken up against their brethren the ' English. They told us they had received it from the * French, but had already laid it down, and would * return it to them again. * They assured us, they would never use it any more 'against you, but would follow our advice; and en- * treated us to use our utmost endeavours to reconcile ' them to you their brethren, declaring they were * very sorry for what they had done, and desired it ' might be forgotten, and they would forever cultivate Of NEW-JERSEY. 461 ' a good frifendship with you. These declarations were A^ D. 'made by the principal warriors of four tribes of the ' Minisink Indians, at giving us this belt. A belt. Then taking eight strings of black wampum, he proceeded ; ' Brethren, ' We let you know, that we have not only brought ' about this union with our nephews on the waters of ' the river Susquehannah, but we also have sent messages * to our nephews the Delawares and Minisinks, and to * those likewise of our own nations who are on the Ohio, * under the influence of the French. We have told all ' those, that they must lay down the French hatchet, ' and be reconciled to their brethren the English, and ' never more employ it against them. And we hope * they will take our advice. We the Mohawks, * Senecas, and Onondagas, deliver this string of * wampum, to remove the hatchet out of your heads, * that has been struck into them by the Ohio Indians ; ' in order to lay a foundation for peace. Eight strings of black wampum. Tagashata sat down, and then the Cayuga chief^ Toka aio, arose, and said, Brethren, ' I speak in behalf of the younger nations, part of, * and confederated with the Six Nations, viz. the ' Cayugas, Oneidas, Tuscaroras, Tutaloes, Nanti- ' cokes, and Conoys. ' A road has been made from our country to this * council fire, that we might treat about friendship ;, ' and as we came down the road, we saw, that by some' ' misfortune or other, blood has lately been spilt on it. * By these strings we make the road wider and clearer ; ' we take the blood away out of it, and likewise out of ' the council chamber, which may have been stained ; * we wash it all away, and desire it may not be seen any * more ; and we take the hatchet out ot your heads. Gave three strings. ' Brethren, 462 The HISTORY A. D. < Brethren, the governors, and all the English, 1758. t J jjQ^ confine myself to the Cayugas, my own * nation. ' I will hide nothing from you, because we have ' promised to speak to each other from the bottom of ' our hearts. * The French, lit* a thief in the night, have stolen ' away some of our young men, and misled them ; and * they have been concerned in doing mischief against ' our brethren the English. ' We did not know it when it happened, but we discovered it since. The chiefs of our nation held ' their young men fast, and would not suifer them to * go out of their sight ; but the French came and stole * them away from us, and corrupted them to do mis- * chief: We are sorry for it; we ask pardon for them, * and hope you will forgive them : We promise they * shall do so no more : And now, by this belt, we take ' out of your heads the hatchet with which they struck * you.' A belt of ten rows. He added, he had found out, ' That some of their * young men had been concerned in striking the English * four times. ' At a conference with the Indians, on the 16th of 'October, 1758. PEES E NT. ' The governors and gentlemen of their council, &c. ' Governor Bernard spoke, * Brethren of all the confederated nations, * As you proposed your questions concerning Tee- * dyuscung separately, I think proper to give you • a ' separate answer thereto ' I know not who made Teedyuscung so great a * man ; nor do I know that he is any greater than a 'chief of the Delaware Indians settled at Wyomink, * The title of king could not be given him by an Eng- * lish governor ; for we know very well, that there is no *8uch person among the Indians, as what we call a ' king. Of NEW-JEESEY. 46i ' king. And if wc call hira so, we mean no more than A. D. ' a sachem, or chief. I observe in his treaties which il^S. ' he has held with the governor of Pennsylvania, * [which I have perused since our last meeting] that he 'says he was a woman, till you made him a man, by ' putting a tomhawk into his hand ; and through all of * those treaties, especially in the last, held at tliis town, ' he calls you his uncles, and professes that he is depen- ' dent on you ; and I know not that any thing has since ' happened to alter his relation to you. I therefore ' consider him still to be your nephew. ' Brethren, I am obliged to you for your kind promises, to re- ' turn the captives which have been taken from us. I ' hope you will not only do so, but will also engage such ' of our allies and nephews, as have taken captives ' from us, to do the same. That you may be mindful * of this, I give you this belt. A belt. After the governor had done speaking, and their answers were interpreted in the united nations and Delaware languages, the Indian chiefs were asked, if they had any thing more to say. On which Tagashata arose, and made a speech to his cousins the Delaware and Minisink Indians, directing his discourse to Teedy- uscung. ' Nephews, ' You may remember all that passed at this council- ' fire. The governors Avho sit there have put you in ' mind of what was agreed upon last year : They both. ' put you in mind of this promise, and desire you will ' perform it : You have promised it, and must perform ' it. We your uncles promised to return the prisoners. ' We your uncles, have promised to return all the ' English prisoners among us, and therefore we expect ' that you our cousins and nephews will do the same. ' As soon as you come home, we desire that you will ' search carefully in your towns for all the prisoners ' among you that have been taken out of every province, * and cause them to be delivered up to your brethren. 'You 464 The HISTOEY A. D. 1758. * You know that the is an article of this peace that was ' made between you and your brethren : In confirm- * ation of wliich you received a large peace belt ; of * which belt we desire you will give an account, and ' let us know what is become of it, and how far you * have proceeded iii it. A beU. ' After this was interpreted in the Delaware language, * it was observed, that there were no Minisink Indians ' present ; the governors therefore desired, that mr. ' Peters and mr. Read would procure a meeting of the ' chiefs of the united nations, Delawares and Minisinks, * and cause the speech of Tagashata to be interpreted to ' the Minisinks in presence of their uncles. Robert White, the Nanticoke chief, arose and said, he was going to speak in behalf of seven nations, and directing his discourse to the governors, he delivered himself in the English language as follows, * Brethren, ' It is now more than two years since we heard of our cousins the Delawares taking up the hatchet against the English. At the first. Sir "William John- ston sent a message to the head nations, and when they received it, they sent to us at Otsaningo ; telling us, that as we lived close by our cousins, they desired we would invite them to meet at our town, and accord- ingly we invited them, and they came to a great meeting at our town of Otsaningo. We then gave our cousins a belt of a fathom long, and twenty five rows in breadth, and desired them to lay down the hatchet that they had taken up against the English, and to be easy with them : And if they would follow this advice, we told them, that they would live in peace, until their heads were white with age; otherwise, it might not be so with them. ' Not hearing from our cousins for some time what they did in consequence of this belt, we sent to them two other belts, one of sixteen and the other of twelve rows, desiring them once more to be easy with their ' brethren Of NEW-JEPvSEY. 465 * brethren the English, and noc to strike them any A. D. ^ more : But still we heard nothing from them ; indeed ^'^^^' * sometime afterwards we understood the Delawares * should say, that the Indians at Otsaningo, had grey * eyes, and were like the English, and should be served ' as Englishmen ; and we thought we should have had * the hatchet struck into our heads. AVe now want to ' know what is become of these belts ; may be they * may be under ground, or they may have swallowed ' them down their throats. ' Brethren, * As our cousins have been loth to give any answer ' to these belts, we now desire they may let us know, ' in public conference, what they have done with ' them. A string. 17th October, 1758. * The Indians were in council all day; and acquain- * ted the governors, that they could not be ready to ' meet before morning. ' At a conference held at Easton the 18th October, ' 1758. PRESENT. * The governors, council, gentlemen and Indians, ' with the interpreters : As aforesaid. ' Mr. Peters and mr. Read acquainted the gover- ' nors. That at a meeting of the chiefs of the older ' and younger nations, with the several tribes of the ' Delaware and Minisink Indians, on Monday night, * the speech of Tagashata, delivered that morning in * the publick conference, respecting the giving up the * prisoners, was interpreted in the Delaware language ' by Stephen Calvin ; and another belt, on the part of * the governors, being joined to Tagashata's belt, ^ they were both delivered to the Delaware and Mini- ' sink chiefs, to enforce the subject matter. When this * was done, Tagashata spoke to the Minisink chief * Egotchowen, saying, we were told by you, that you *had delivered up the English prisoners, and we be- * lieved you ; but our brethren have told us, that they 2 Qt ' were 466 The HISTORY A. T>. ' were not delivered up, and therefore we earnestly 1758. c (Jegjre that they may be made easy on this article. You ' knoM^, cousins, that their hearts will always be in ' grief, till they see again their flesh and blood : It is ' natural that they should be so : It would be so with ' us, if it was our case. We desire you will be ex- ' tremely careful to pe^-form this matter fully and soon, ' let there be perfect pcuce all over the English country. ' And let it now be published, that we may all live in. 'peace, and with satisfaction, now and for ever. I ' told you, Egotchowen, when you was in my town, ' to bring with you the English prisoners, and that our ' brethren would expect it. I wish you had done it, ' But however, do it now with all speed, and it will * be well. ' That Egotchowen answered, It is true, ' I was at ' ray uncles fire, and I believe he desired me to bring ' the prisoners down ; but I suppose it was not inter- * preted to me ; for I did not understand it clearly ; but 'I now understand it. ' That the Minisink and Delaware Indians were * desired to collect all their warriors together, and give * them their belts, and receive from them their answer, * it being necessary they should concur heartily in * whatever should be concluded. ' Tiien Nichas, the Mohawk chief acquainted the ' governors, ' That, as councellors, they had finished, * having nothing to propose at this present meeting. ' The warriors were to speak now, and Tliomas King ' was appointed to deliver their words ; who thereupon ' arose, and began, " with an exhortation as well to ' all concerned in publick affairs, governors and their ' councils, and Indian chiefs and their councils, as to ' the warriors of all nations, white people and Indians, * desiring all present to attend carefully to what was ' going to be related, as matters of great consequence, ' which would serve to regulate the conduct of the * English and Indians to each other. He added, that * the relation going to be made had taken a great deal * of trouble to put it into order, and it vvas made on ' information O F N E W - J E R S E Y . 467 ' information ^iven by the several nations now present, A. D. ' who Avere acquainted with the facts. llbd,. '■ Brethren, •' We, the warriors, have waited some time, in hopes our councellors would have taken this matter in hand ; but as they have not done it, we have, at their desire, undertaken it, and they iiave approved of every thing. I say, the councellors of the five younger nations, as well as the three older nations, have approved of what the warriors are going to relate ; and take notice, that the speech is not only the speech of all the warriors of the elder and younger nations, but of our cousins the Delawares and Mi- nisinks. ' This was interpreted in the Delaware language ; and Thomas King then proceeded, directing his speech to the governors, and all the English upon the continent. Brethren, ' You have been niquisitive to know the cause of 'this war: You have often inquired among us, but ' perhaps you did not find out the true cause of the ' bitterness of our hearts, and may charge us wrong- ' fully, and think that you were struck without a cause ' by some of our own warriors, and by our cousins. ' But if you look a little about you, you will find, ' that you gave the first oifence. For in time of pro- * found peace, some of the Shawanese, passing thro' ' South-Carolina, to go to war with their enemies, were ' taken up and put into prison. The English knew they ' were going to war, and that tl^ey used to do it every ' year : And yet, after they had persuaded them in a ' friendly way into their houses, they were taken up and ' put into prison ; and one who was a head man of that ' nation lost his life, and the others were severely used. * This first raised ill-will in the minds of the Shawanese, * and as the French came a little after this happened to ' settle on the Ohio, the Shawanese complained of it * to them, and they made an artful use of it, set them ' against 468 The history A. D. 1758. ' against the English, and gave them the hatchet. * Being resolved on revenge, they accepted it, and ' likewise spoke to their grand-fathers the Dela\vares, * saying, grand-fathers, are not your hearts sore at ' our being used so ill, and at the loss of one of our * chiefs ? Will you not join us in revenging his death ? * So by degrees our young men were brought over to * act against you. On searching matters to the bottom, * you will find, that you in this manner, gave the first * offence. This we thought proper to let you know : * It may be of service for the future. You may be ' induced by this, to take better care in conducting ^your council-business, so as to guard against these * breaches of friendship ; or as soon as they happen, * in corresponding immediately with one another, and * with the Indian nations, who are in any wise concer- * ned on such occasion. Eight strings of black wampum. ' Brethren, * This was the case of the Shawaneee that I have.just * now releated. Another of the like nature has since * happened to the Senecas, who have suffered in the ^ same manner. ' About three years ago, eight Seneca warriors were * returning from war through Virginia, having seven * prisoners and scalps with them. At a place called * Green Briar, they met with a party of Soldiers, not * less than one hundred and fifty, who kindly invited * them to come to a certain store, and said they would * supply them with provisions : And accordingly they * travelled two days with them, in a friendly manner; ' and when they came to the house, they took their * arms from tlie Senecas : The head man cried out, *' Here is death, defend yourselves as well as you can ; ' * which they did, and two of them were killed on the ' spot ; and one, a young boy, was taken prisoner. "* This gave great offence, and the more so, as it was * upon their warriors road, and we were in perfect peace * with our brethren. It provoked us to such a degree, * that we could not get over it. * Brethren, Or NEW-JERSEY. 469 ' Brethren, A. D. ' You have justly demanded your prisoners ; it is iToS. right; and we have given you an answer: And there- fore, as we think this young boy is alive, and some- where among you, we desire you will enquire for him. If he be alive, return him ; if you have swallow'd him down your throats, which perhaps may be the case, let us know it, and we will be content. His name is Squissatego. Six strings of white wampum. ' Brethren, ' We have one word more to mention of the same ^ nature, and which was the very cause why the Indians * at Ohio left you. ' Brethren, ' When we first heard of the French coming to Ohio, we immediately sent word to the governors of Vir- ginia and Pennsylvania; we desired them to come, and likewise to supply us with such things as were proper for war, intending to defend our lands, and hinder the French from taking the possession of them : But these governors did not attend to our message; perhaps they thought there was no foundation for our intelligence. The French, however came, and become our neighbours; and you neither coming yourselves, nor assisting us with warMke stores, our people of necessity were obliged to trade with them, for what Ave wanted, as your traders had left the country. The governor of Virginia took care to settle on our lands for his own benefit ; but when we wanted his assistance against the French, he disre- garded us. A belt. ' Brethren, ' At this treaty you justly demanded to see your flesh and blood. We have pressed this on our cou- sins the Minisinks; and they by this string, desired us to assure you, the governors, that they would make strict search in their towns, and sincerely com- ply with your request, and return all the prisoners in their power. Two strings of black and white wampum. Then 470 The history A. D. 1758. ' Then directing his discourse to the governor of ' Jersey, he proceeded, Brother, the governor of Jersey. ' Our cousins the Minisinks, tell us, they were * wronged out of a great deal of land, and the English * settling so fast, th'^y were pushed back, and could * not tell what land«» belonged to them. They say, if * we have been drunk, tell us so : We may have forgot * what we sold ; but we trust to you the governor of * Jersey, to take our cause in hand, and see that ' we have justice done us. We say, that we have here *and there tracts of land, that have never been sold. ' You deal hardly with us ; you claim all the wild crea- * tures, and will not let us come on your land to hunt * after them. You will not so much as let us peel a * single tree : This is hard, and has given us great * offence. The cattle you raise are your own, but 'those which are wild, are still ours, or should be com- ' mon to both ; for when we sold the land, we did not ' propose to deprive ourselves of hunting the wild deer, * or using a stick of wood when we should have occa- * sion. We desire the governor to take this matter * into his care, and see that justice be done in it. Two strings of white wampum. On the 19th October, 1758. * At a private conference with the Indians, held at * Easton. PRESENT. * His excellency governor Bernard. * The commissioners of New- Jersey. * The chiefs of the United Nations, and of the Mini- ' sinks and Wapings. * George Croghan, Esq ; captain Henry Mountour ' and Stephen Calvin. ' His excellency reciting the request of the United * Nations to him, to do justice to their nephews the * Minisinks, concerning their claim to lands in New- * Jersey, said, he would make diligent enquiry, what * lands were remaining unsold by tlrem : But as that would Op NEW-JERSEY. 471 * would be a work of time end expence, he wished ^:.P' ' that some means could be found to giv^e them satisfac- * tion at this meeting. The jieople of New- Jersey ^ said, they had bought all, or the greatest part of the * Minisink lands; and the Minisinks said they had a ^ great deal of land unsold. He could not tell who ' was in the right ; but would suppose there were some * lands unsold : A nd upon that supposition would give ' tiiem some money by way of consideration for them, * if tliey would propose a reasonable sura ; and desired ' they would advise about it, and give an answer. ' The united nations said, it was a very kind propo- ' sal, and recommended it to the consideration of the * Minisinks. ' At a private conference with the Indians, held at Easton, the 21st of October, 1758. PRESENT. ' His excellency governor Bernard, ' and the Jersey commissioners. ' Thomas King, chief of the Oneidas. Tagashata, ' chief of the Se«ecas. Taka, aio, chief of the Cayu- ' gas. Egohohowen, chief of the Minisinks. Aquay- ' wochtu, cliief or the Wapings. With other Indians * of the several nations. ' George Crochan, esq ; deputy to sir William * Johnson ; captain Henry Montour, his majesty's * interpreter to the United Nations ; mr. Stephen Cal- * vin, interpreter of the Dela^vare and Miuisiuk ^ languages. 'His excellency informed them, that he met them ^ to agree about a consideration for the uncertain claims * of the Minisinks, Wapings and other Indians, * claimants of land in the northern parts of the province ^ of New-Jersey, and desired that it might be con- * sidered, that they knew not what they sold, and he * knew not what he bought ; therefore the price ought ■* not to be large. ' That 472 The HISTORY A. D. t That they might propose a sum to him, or he ' would make an offer to them ; or it should be left tO' * their uncles to consider of a price, as would please * them best. ' The united nations, by Thomas King, said, that * they had no claiq;^ to the lands of the Minisinks, or * others their nephews, on the east side of Delaware, * and should therefore leave the fixing a price to them. * Then the Minisinks and Wapings withdrew ta * consult about it ; and being returned, Egohohowen, * the Minisink chief, said, that they would choose the * governor should make an offer, as they might per- * haps demand too much, * His excellency having consulted the commissioners, * offered them eight hundred Spanish dollars for their * claim in New-Jersey, as an extraordinary price, ' The Minisinks said, they should be glad of the ' opinion of their uncles in the matter. ' The United Nations, by Thomas King, said, it * was a fair and honourable offer, and that, if it was ' their own case, they would chearfully accept of it : * But as there were a great many persons to share in the * purchase money, they recommended it to his excel- ' lency, to add two hundred dollars more; and, if that * was complied with, the report of it would be carried * to all the nations, and would be a great proof of the * affection and generosity of their brethren the English, ' on this occasion, and would be very agreeable to ' them. ' His excellency desired to know of the Minisinks, * and other claimants, if they approved of the proposal * of their uncles ; and they informed him, that they 'did, ' The governor after consulting the commissioners, * said, it was more than he had intended to give ; but ' as the United Nations had given themselves the * trouble of being mediators between them, he could * not refuse their recommendations, and was glad of * the opportunity he had of shewing his regard to the ' United Of new-jersey. 473 ' United Nations, and his benevolence to the Minisink A. D. * and other Indians, who had resided in the province * where he presided ; and therefore complied with their * request. ' His excellency then desired them to remember, ' that this consideration money, was to be in full for * the claims of all the Minisink and Waping Indians, ' and all others who claim any lands, in a map, which ' was laid before them at the same time, which included ' all the lands from the line between the provinces of ' New- York and New-Jersey, and down Hudson's ' river, to the mouth of Rariton up the same to Alame- * tung Falls, on the north branch of Rariton river, ' thence on a streight line to Paoqualin Mountain, * where it joins on Delaware river, and thence up the * Delaware to Cushytunk ; and recommended it to them * to have respect to this in the division of the considera- * tion money. * Then Tagashata, the Seneca chief, arose, and ' addressing himself to the Minisinks and other Indian * claimants, spoke as follows. ' My nephews, * I desire you will now give over all thoughts of your * land, and that we may hear no more complaints about 'it. ' Now you must remember the friendship between •' you and your brother, and transmit to your children, ' and make them acquainted with the transactions of ' this day. I recommended this to you, not from ray lips * only, but from the bottom of my heart : I hope it ' will also make a deep impression in your hearts. ' It seems, as if your grandfathers had not told you * of the treaties they used to have with their brethren, ' but carried them with them to the grave. But we ' hope you will not do so, but carefully inform you ' children of your agreements. We have given you * this advice, and hope you will follow it. We also ex- ' pect you will take care of your young men, that tiiey ' do no more mischief to their brethren the English. ' Egohowen, 474 The history A. D. 1768. himself to the go- ' Egolioliowen, then adch'essed * vernor, and desired to be heard. ' Brother, * We are now thoroughly satisfied ; and we still retain a friendship for our brethren the English, and we desire, tluit if we should come into your province, to see our old friends, and should have occasion for the bark of a tree to cover a cabin, or a little refresh- ment, that we should not be denied, but be treated as brethren : And that your people may not look on the wild beasts of the forest, or fish of the waters, as their sole projierty ; l)ut that we may be admitted to an equal use of them. ' The governor answered, that, as soon as he got home, he should issue a proclamation, to notify to the people of his province, that he had made a peace with them, and to order, that, for the future, they should be treated as brethren, which he hoped would be done : But desired tiiey would not go into those parts, where they had lately committed hostilities, till the people's passions were cooled ; for he could not be answerable for his people's behaviour, whilst their losses were fresh upon their minds. The 21st of October. PKESENT. All the confederate Chiefs. ' Teedyuscung, Nowalkeeka, alias Four steps, Awe- * hela, alias James Davis, Egohohowen, Munsey, * chief, Tapiscawen, alias Samuel Davis, Philip Com- * pass, Lappink, Moses Tetamy. * Conrad Weiser, Henry Montour, Isaac Stille, * interpreters. 'Governor Bernard, requesting the attention of the * Indians, addressed them as follows, * Bretliren of the united nations, ' By this string, you spoke on behalf of our brethren * the Minisinks, and said, " That they were wronged * in their lands ; that the English settled so fast, they ' were Of new-jersey. 475 ' were continually pushing them back ; and when they A. D. ' asked for their lands, they were told that they had sold ^^^'^^ ' their land, and had got drunk and forgot it. If they 'had swallowed their lands, they must be content; * but they did not believe that they had swallowed all, ' but that some was left. They desired, that I would ' enquire after their lands that were left, and do them 'justice." ' Brethren, ' I am glad I have an opportunity, in the presence of ' so many nations, to express the desire I have of doing 'justice to every one. The throne of the great king is * founded on justice : And I should not be a faitliful ' servant to him, if I neglected to give redress to all 'persons, that have received injuries from the people, ' over whom the great king has placed me. ' I have therefore had a conference with the Mini- ' sinks, in the presence of some of their uncles ; and ' have come to a full agreement with them, the pro- ' ceedings of which are now ready to be read to you. ' Brethren, ' I have another proof to give you of the upright- ' ness and justice of our province. We have come to ' an agreement with the Delawares, and other Indians, ' for the uncertain claims they had on the southern parts ' of our province. I hereby produce the deeds, that ' have been executed on this occasion, that the subject * of them may be explained to you, and be had in ' perpetual remembrance by all the nations present : ^ And I desire that you may all remember, that, by ' these two agreements, the province of New-Jersey is ' entirely freed and discharged from all Indian claims. ' In confirmation of which I give you this belt. A belt. ' Brother Teedyuscung, ' By this string you tell me, that, after the killing the * nine Indians near Esopus, you carried three belts to ' George Vreeland, who undertook to give them to ' the governor, and you ask what is become of those ' belts. ' Brother, 476 The HISTORY A. D. ' Brother, 1768. ( J gj^j^ Qj-jjy gg^y.^ ^jjg^^ J T^Q^Qj. H GErd of tHose belts ' before ; nor do I know, what governor George * Vreeland undertook to carry those belts to. The * proper governor was the governor of New- York ; * for in his province was this mischief committed. And 'probably the gove^-^or of New- York had these belts; * for I have heard that he issued a proclamation for ' apprehending the perpetrators of this fact. This fact * has been blamed by all good and wise men ; and I am ' glad it was not done by tlie people of my province. I * will acquaint the governor of New-York with what ' you have said upon this occasion, and I will enquire ' afte)' those belts, and give you an answer. A string. ' Governor Denny, being obliged to return to * Philadelphia, on urgent business, took his leave of * the Indians, saying. ' Brethren, ' It gives me great pleasure that the business of this * treaty has been carried on with so much satisfaction. ' I am sorry, I am now to inform you, that I am * obliged to leave you, having received last night au * express from general Forbes, who is now near the ' Ohio. My business calls me to town ; I shall there- * fore leave mr. Logan and mr. Peters to transact the ' remainder of the business, and doubt not but they will * act to your satisfaction. I assure you of my affection * for you, and wish you all manner of happiness. ' Teedyuscung arose, and desired to be heard on be- * half of the Wapings, living near ^sopus, and pro- * duced a short broad belt of white wampum, having^ * in the center, two hearts of a reddish colour, and in * figures 1745, wrote after the following manner, ' 17 ^^45. The belt had a round circle pendant, ' representing the sun : He then produced two certifi- ' Gates, one from governor Clinton, and the other * from governor Hardy, both which were much in fa- * vour of the Waping Indians. He said the belt was * given them by the government of New- York, and ' represented Of NEW-JERSEY. 477 ' represented their union, which was to last as long as A. D, * the sun should continue in the firmament. ' Teedyuscung addressed governor Bernard, desiring ' by a string of Wampum, that he would extend his * protection to the Wapings ; and as their chief was ' old and infirm, he requested the favour of a horse to * carry him home ; which was readily granted. ' Tagashata made the same request to governor ' Denny, which was likewise granted. ' The Six Nation chiefs consulted together, and in a ' little time, Nichas, in their behalf, returned an answer ' to the speeches of the governors, laying the belts and ' strings upon the table, in the order they were deliver- * ed, and repeating distinctly what was said on each of ' them. At the end of every article he returned thanks, * and expressed the highest satisfaction, particularly on the ' ratifying the peace, and the large belt given thereupon, ' which he said should be sent to all the distant nations ' of Indians, to whom it would be very agreeable ; he ' likewise promised, that every thing transacted in these ' conferences, which he again said had afforded them ' great pleasure, should be laid before the great council * at Onondaga, whose answers should be carefully trans- * mitted. ' He thanked governor Bernard for making up all * the differences between that government and the Mi- ' nisink Indians so much to their satisfaction. ' He made an apology for the want of Wampum, ' and the exchange of other belts to give in confirmation * of their performance of the several things mentioned * in the governors speeches, agreeable to Indian cus- ' toms. And then wished governor Denny a good jour- *ney. ' At a conference with the Indians, held at Easton, ' on the 26th of October, 1758. PRESENT. * His excellency governor Bernard. 'William Logan, Eichard Peters, Andrew John- *8ton, Charles Read, John Stevens, George Croghan, ' Conrad 478 The HISTORY A. D. ' Conrad Weiser, Charles Swaine, esquires. Major 1758. t Ordnt, the sheriff of Northampton county, John * Watson. ' The chiefs of the United Nations, and of the ' other nations, and the interpreters, as aforementi- ' oned. ' Mr. Secretary P«ters having observed to the con- ' federate chiefs, that the governors were by Toka * aio, charged with having omitted some things in their ' answers, and desired to know what they were, Tho- * mas King said, that in regard to some things they had ' been since supplied, and recommended that some * other things should be more particularly taken notice ' of, than they had been. Wherefore agreeable to this * advice, the following speech was spoke by the mem- * bers of the Pennsylvania council, governor Bernard * assenting thereto. ' Brethren, ' As we have now settled all differences, and con- ' firmed the antient leagues of amity, and brightened ' the chain of friendship ; we now clean the blood off * your council seats, and put them in order, that when * you hold councils at home, you may sit in your seats * with the same peace and tranquility as you formerly ^ used to do. A string consisting of a thousand grains of Wampum. ' Brethren, ' With this string of wampum, we condole with you ' for the loss of your wise men, and for the warriors that ' have been killed in these troublesome times, and like- ^ wise for your women and children, and we cover their ' graves decently agreeable to the custom of your fore- ' fathers. A string of a thousand grains of wampum. ' Brethren, ' We disperse the dark clouds that have hung over ' our heads, during these troubles, that we may see the * sun clear, and look on each other with the chearful- * ness our forefathers did. A string of a thousand grains of wampum. 'Then OfNEW-JERSEY. 47» ' Then mr. Peters and mr. Weiser produced the A. D. ' confirmation deed, executed by the chiefs of the ^^^^' * United Nations as before set forth, which the Indian * chiefs acknowledged to have been their voluntary act ' and deed, and that they clearly understood the con- ' tents thereof, together with the limits described in ' the draught annexed to it; and the same being handed * from Indian to Indian, all round the house, it was ' delivered to the proprietor's agents. ' After which the Indian chiefs produced the proprie- ' tary deed of release, executed by mr. Peters and mr. ' Weiser, the proprietary's agents : who acknowledged ' it to be their act and deed, in behalf of their consti- ' tuents, as well as their own, and re-delivered it to ' the Indians, together with the belt. * His excellency governor Bernard produced the 'following deeds, executed by five Indian attornies, * appointed by a council of the Delaware nations, for ' all the lands lying in New-Jersey, south of a line ' from Paoqualin mountains at Delaware river, to the ' falls of Alamatung, on the north branch of Rariton ' river, thence down that river to Sandy-Hook ; dated 'the 12th of September last, with endorsements there- ' on, made by Teedyuscung, Unwallacon and Tepas- * cawen, signifying their agreement thereto, and ac- ' knowledgment of their having received satisfaction ' thereon ; witnessed by three chiefs of tlie Six Nations,, ' who in behalf of the Six Nations, a])proved the sale^ ' and also by several English witnesses. And another ' deed, dated the 23d October instant, at Easton ; ' from the chiefs of the Munsies, Wapings, Opings, ' or Poraptons, sixteen in number, and including all ' the remaining lands in New-Jersey, beginning at Cu- ' shytunk, and down the division lines between New- ' Jersey and New- York, to the mouth of Tappan ' creek at Hudson's river, and down the same to Sandy ' Hook, thence to the mouth of Eariton, thence up * that river to the falls of Alamatung, thence on a strait * line to Paoqualin mountains, where it joins on Dela- ' ware 480 The HISTORY A. D. t ware river, thence up the river Delaware to Cushy- ^'^' * tunk ; endorsed by Nimhara, a chief of the Opings * or Pomptons, who was sick at the execution thereof, * and appoved by the Six Nations ; which was * testified by three of their chiefs, signing as witnesses * thereto : And govf^nor Bernard desired, that all pre- * sent might take n^^ice of the same, and remember * that the Indian titles to all the lands in New-Jersey, ' were conveyed by those two deeds. ' Which being interpreted in the Mingo and * Delaware languages ; his excellency addressed the In- * dians, as follows : ' Brethren, * I am very glad this good work has been so happily * finished. I came among you wholly unacquainted * with your forms, and therefore if I have omitted any ' ceremonies, you will readily excuse me. But in ^ whatever I have been deficient, I am sure, I have not ^ wanted a good heart towards you. ' The circumstances of our province, have hitherto * rendered us unable to give you any great proofs of * our regard for you. But I shall endeavour to persude * my people, to do you good service for the future, by * opening a communication with you ; which if rightly ^ managed, will be much to the advantage of both * people. And for my own part, I shall be always * ready to do you justice ; and desire that whenever you * have cause of complaint against my people, you will * take care to signify it to me. A string. ' The Five Nation chiefs, laid all the belts and * strings on the table, that were delivered at this and ^ the last conference. Toka aio, the Cayuga chief, * desired the governor and all present, would take ' notice of what Thomas King was going to say, on ^ behalf of the United Nations. ' On which Thomas King arose, and taking up the ' first belt which was given by Teedyuscung, when he * requested a deed for the Wioming lands, he addressed * the Delawares, (leedyuscung not being present) as * follows : ' Cousins, Of NEW-JERSEY. 481 * Cousins, A. D. ' By this belt, Teedyuscung desired us to make you ^'^^^' the owners of the lauds at Wioming, Shamokin, and other places on the Susquehannah river; in answer to which, we who are present say. That we have no power to convey lands to any one ; but we will take your request to the great-council-fire, for their senti- ments, as we never sell or convey any land, till it be agreed on at the great council of the United Na- tions. In the mean time, you may make use of these lands, in conjunction with our people, and all the rest of our relations, the Indians of the different nations in our alliance. * Which being interpreted into Delaware, the string of wampum was given to Moses Tetaray and James Davis, to be delivered to Teedyuscung, as he was not present. ' Then taking up each belt and string in the order it was delivered in this, and the last conference, he proceeded to repeat distinctly, what had been said under each article, returning thanks for all those good speeches, which he said, were extreamly agreeable. He made particular mention of the large peace belt, saying, "^he nations are greatly pleased, that all the ancient treaties made here, at Albany, and else- where, are renewed, as well as that the old council- fire at Philadelphia, is kindled again, and a good road made to it, that may be travelled without any danger : These in particular, as well as every other matter transacted at these conferences, we will make known to our own nations, and to every other in friendship and alliance with us, and we are sure they will be very well received. ' Then addressing governor Bernard, he thanked him for his farewel speech, saying, " It was a very kind one, and that they were much pleased with his having been present, and given his assistance at this treaty, which had given them an opportunity of gaining an acquaintance with him, which they would 2 H * ever 482 The HISTORY A. D, • ever remember with pleasure. After a pause, he ' desired to be excused for mentioning some things that ' had been omitted by the governors and their councils. ' They have forgot to bring with them ammunition, * of which we always used to receive a sufficient quan- ' tity, not only to s-^vve us in our journey, but to sup- ' port us in our nanting season, that we might be ' enabled to make provision for our families. They ' have given us gunlocks without guns, which are of ' no manner of use to us ; and therefore this must have 'surely been forgot; as it is impossible for Indians to ' subsist without guns, powder and lead, of which we ' have received none. * As many of us are old and infirm, we desire our * brethren, will be so good as to furnish us with a 'number of waggons, to convey such of us, as are * not able to walk, and the goods you have been pleased ' to give us, as far as Wioming, where we have left ' our canoes, and then we will discharge the waggons, * and they may come back again. ' We further desire a supply of provisions may be ' put into the waggons, enough to serve us till we get * to our respective habitations. ' He then took up the proprietary release, and re- ' turned thanks for it. He said, " When the United ' Nations first made the request to sir William Johnson, * to be transmitted to Onas, they had no doubt but * Onas would comply with it, having always found * him ready to grant all their requests. With him we ' have never had any difference; he has always settled * our affairs without giving us any trouble, and to our * satisfaction. We heartily thank Onas ; this act con- ' firms us in the good opinion we always had of him. ' Then addressing himself to the Delawares, with a. * string of wampum, he spoke as follows : ' This serves to put Teedyuscung in mind of his * promises, to return the prisoners : Remember, cou- * sins, you have made this promise in our presence ; * you did it indeed before, and you ought to have per- * formed Of new-jersey. 483 * formed it : To tell lies, d< -es not become a great 1-51' * man : A great man always keeps his word, and per- ^ forms his promises. Cousins, you must not now ' fail to keep your word : We are all now one people, ' and we must all be punctual in the performance of * our engagements. ' This was interpreted into the Delaware language, ' and the string was given to Moses Tetamy, to be delivered to Teedyuscung. ' Then he said the United Nations had finished * what they had to say. ' Some wine and punch was called for, and mutual ' healths were drank, and the conferences were cou- ' eluded with great satisfaction. In consequence of the expectations given the Indian inhabitants, the commissioners, with the consent of the Indian attornies, purchased a tract of upwards of 3000 acres, called Brotherton, situate in Burlington county, in which is a cedar swamp and saw-mill, adjoining to many thousand acres of poor uninhabited land, suitable for hunting, and convenient also for fishing on the sea- coast ; the deed was taken in the name of the governor and commissioners, and their heirs, in trust for the use of the Indian natives who have or do reside in this colony south of Rariton, and their successors for ever, with a clause, providing that it shall not be in the power of the Indians, their successors, or any of them, to lease or sell any part thereof; and any person (Indians excepted) attempting to settle there, to be removed by warrant from a justice of the peace; no timber to to be cut but by the Indians, under penalty of forty shillings fine for every tree. The Indians soon after the purchase, removed to the settlement, and there remain to their satisfaction, having their usual means of living very convenient ; they were assisted by the government, in their removing and buildings : There 'are 484 The history A. D. 1758. are about sixty persons seated here, and twenty at "Weekpink, on a tract formerly secured by an English right, to the family of king Charles, an Indian sachem. Some time after the treaty at Easton, fresh hostilities being commenced bw the back Indians, and approach- ing very near the frontiers of Jersey, it was feared, not- withstanding these agreements, they would prove per- fidious ; which occasioned a guard to be placed there : Part of the address of the assembly to governor Frank- lin, in the spring, 1764, sets this and the present state of Indian affairs, in a true light ; and with that we conclude the subject. ' In the original settlement of this province, great * circumspection and care was used to gain and pre- * serve the friendship of the Indian natives ; their lands ' were from time to time, fairly and openly purchased, * to their general satisfaction : This conciliated their * affection ; and for a long course of time, they were * eminently serviceable to the new settlers ; and since ^ the beginning of their hostilities, lest some among * them should think any part of our lands remained ^ unpurchased, care was taken at the treaty of Easton, ^ 1758, to obtain for a valuable consideration, a ^ general release for all the lands in this province, such * parts only excepted, as were reserved for the use of * those Indians that inclined to live under the protection *• of this government ; this was done, and the money * paid in open council, and their approbation univer- * sally expressed : Such therefore being the circum- ^ stance of this province, with regard to the Indians, * it became a matter of astonishment to us, that any * conduct of theirs should give reason to fear their in- * tentions respecting us ; and whether they had actually * any design upon this province or not, their hostilities * in the neighbourhood of our frontier, and in one * doubtful instance, over the line, were inducements to * place a frontier guard of two hundred men for the * winter oast. CHAP. Of new-jersey. 485 CHAP. XXIV. A short geographical description of the province, and additional view of its present state. TO be very particular on this head, comes not within A. D. our design ; nor will it perhaps be a matter of much expectation, as the present state of trade carried on chiefly through the provinces New- York and Penn- sylvania, seems but little calculated to draw attention from abroad ; but the situation of the province, as lying directly in the concourse between the places aforesaid, renders it almost as well known to strangers resorting there. New-Jersey lying about 75° west longitude from London, is bounded on the west and south-west by Delaware river and bay, on the south-east and east by the atlantick ocean ; the sound, which separates Staten Island'!'- from the continent, and Hudson's river on the north, by a line as yet unsettled, to be run from the river last mentioned, in the latitude of 40° to the northerly branch of Delaware, in latitude of 41° 40', which line is to be the boundary with New- York on that side. The greatest length of New-Jersey from north to south, that is from Cape- May, in the latitude of 39° to the north Station Point, in the lati- tude 41° 40' at 69 miles to a degree, is 184 miles. Its greatest breadth is about 60 miles ; but supposing it •on an average 150 in length and 50 broad, the whole province must then contain 4,800,000 acres ; of which at least one-fourth, (probably more) is poor barren land, in respect to tillage; but in part abounding with pines h. Or if we include that Island still on the atlantick ; but New York halh it in possession, tho' from situation it seems apparently intended a part of New- Jersey. 486 The HISTORY A. D. pines<5- and cedars, and some few tracts of swamp, that will make meadow. It is supposed, that West- Jersey contains the greatest quantity of acres, and in return took the most barren land. East-Jersey, now 1765, is supposed to have located neariy 468,000 acres good land, and 96j600 acres of pine land.<^. The proprietors of West-Jersey, soon after their arrival, divided among them, 500,000 acres, which they cal- the first dividend ; since which, at different times, they have issued directions for each proprietor's taking his part of four other dividends of the like quantity^ amounting in the whole, with allowance of five per cent, for roads, to 2,625,000 acres, conjectured by many to be full as much land as the division contains* of this the far greater part is already surveyed ; what yet remains are chiefly the rights of minors and people abroad. Delaware river, from the head of Cushietunk, tho' not obstructed with falls, has not been improved to any in-land navigation, by reason of the thinness of the settlements that way : From Cushietunk to Trenton falls, are fourteen considerable rifts, yet all passable in the long flat boats«- used in the navigation of these parts, some carrying 500 or 600 bushels of wheat. The greatest number of the rifts are from Easton downward ; and those fourteen miles above Easton, another just below Wells's ferry, and that at Trenton, are the worst. The boats seldom come down but with freshes, especially from the Minisinks : The freight thence c. Chiefly the pitch pine. d. Good rights in East Jersey, now 1765, sell at 20s. proc. per acre, Pine ditto, 10 p. proo. per acre : Eights in West-Jersey, at the same time, sell from 101. to 121. per hundred acres. e. These boats are made like troughs, square above the heads and sterns, sloping a little fore and aft, generally 40 or 50 feet long, 6 or 7 feet wide, and 2 feet 9 inches, or 3 feet deep, and draw 20 or 22 inches water when loaden. Of new-jersey. 487 thence to Philadelphia, is eight pence a bushel for A. p. wheat, and three shillings a barrel for flour : From the forks, and other places below, twenty shillings a tun for pig iron, seven pence a bushel for wheat, two shillings and six pence a barrel for flour. This river above Trenton, has no branches worth mentioning, for conveuiency of navigation./- Though the province boundary on the ocean, is extensive, the harbours for large shipping are but few, and, except Sandy-Hook, mostly inconvenient, occa- sioned by a great extent of salt meadows, swamps and marshes, and being exposed to the N. E. winds; this disadvantage is however amply supplied by the Dela- ware and Hudson's river. Almost the whole extent of the province adjoining on the atlantick," is barrens, or nearly approaching it; jet there are scattering settlements all along the coast, the people subsisting in great part by raising cattle in the bog undrained meadows and marshes, and selling them to graziers, and cutting down the cedars ; these were originally plenty of both the white and red sorts : The towring retreat of the former have afforded many an asylum for David's men of necessity :9- They are now much work'd out : Another means of sub- eistence along the coast, is the plenty of fish and oysters, these are carried to New- York and Philadelphia mar- kets. It is thought, no inconsiderable whale-fishery might be form'd there; on the banks the New-Eng- land men frequently fish with success. The barrens or poor land, generally continues from the sea up into the province, thirty miles or more, and this nearly the whole extent from east to west ; so that there are many thousand acres, that will never serve much of the pur- poses of agriculture ; consequently when the pines and cedars /. Analysis of the map of the middle colonies, by L. Evans. y. 1 Sam. xxii, 2. 488 The HISTORY A. D. cedars are generally gone (they are so already in many 1766. places) this will not be of much value. This excepted, and what of the same sort may be here and there intermixed in other parts of the province, the lands in general (p^haps something better than two thirds of the whole) are good, and bear Avheat, barley, or any thing else suitable to the climate, to perfection. As the province has very little foreign trade on bottoms of its own, the produce of all kinds for sale, goe* chiefly to New- York and Philadelphia ; much of it is there purchased for markets abroad ; but some con- sumed araons: themselves. The Inhabitants as to dress and manners, form themselves much after the neighbouring provinces ; the western, about as far as the tide flows up Delaware, those of Peansylvania; the remainder, those of New- York. The political state of the province may be described in a few words ; harmony reigns in a considerable degree, in all branches- of the legislature ; the publick business is consequently dispatched with ease, and at a small expence. Thu& much^in the general: Next for the counties; of these- there are thirteen : Their respective wealth on a compa- rison with each other, may be collected from the pro- portions fixed by act of Assembly, on a £, 25,000 tax, 1764. Middlesex, .... £,. 2,265 : 17 : 09| Monmouth, 3,285:16:10^ Essex, 1,946:08:04 Somerset, 2,791:07:01 Bergen, 1,647: 09 :08i Burlington, 3,125: 09 :05f Gloucester, 1,954:10:02^ Salem, 1,746:07:03^ Cape-May, 417:14:08^ Hunterdon, 3,544:07:11 Morris and Sussex,* .... 1,389 : 01 : 08|- Cumberland. ---.-. 885 : 09 : 03|- The * Sussex being tne frontier county, and but lately settled, pay» bat a small proportion. Of NEW-JERSEY. 489 The number of inhabitants in 1738, were said to A. D. be ----- - 47,369 ^^^^* In 1745, 61,403 The increase in seven years, 14,034 Supposing the increase to be nearly the~) same since, the number now, 1765, must V 100,000 be about j The increase of some of the counties in West-Jer- sey, between 1699 and 1745, was found to be more than six for one ; the proportion of strangers arriving since, is not the same; but the natural increase must be far greater. The counties are several of them mark'd by pro- ductions, differing in some respects from each other, and when distinguished, may perhaps bear the follow- ing general description. Eastern Division. MIDDLESEX First ascertain'd a county by act of general assembly, in the proprietor's time 1682, had its boundaries par- ticularly fix'd by subsequent acts, in 1709 and 1713. See laws of the province, vol. 1. p. 13, 40, 41. In this county lies the city of Perth-Amboy, on a point of land, which divides the river Rariton, and Arthur Kull sound. It takes its name Perth from James Drummond, one of the proprietors, and earl of Perth, and Amboy from Ambo, in Indian a point. The situation for a sea trade, as lying open to Sandy- Hook,^- whence vessels may arrive almost any weather in one tide from the sea, and find a safe commodious harbour, capacious enough to contain many large ships, is allow'd to be as good a port as most on the continent; i, This took its name from its shape ; not far from the land at Middletown, it winds like a hook, the shore and bottom sandy. 490 The HISTORY A. D. continent; yet by a fatality attending almost every attempt for trade in the province, the endeavours at this have been hitherto with no great success ; tho' they have a sea trade, and export to foreign markets, yet not as might be exp^jted from the advantages of situ- ation : The land lies high and dry, in a good air : The Scots proprietors were indefatigable to improve it ; but found up-hill work ; yet eifected a considerable settlement : The best part of the country round has water carriage to New-York. The legislature, by early stipulation of the proprietors and inhabitants, meet here and at Burlington, alternately, to accommo- date each division, and those in each towards the extre- mities of this long-extended province : In the same manner the supreme courts of judicature for the pro- vince were fixed : Here the courts for the county of Middlesex are held ; here also the general proprietors for East-Jersey always meet, and have lately erected a large and elegant house. [See chap, ia;.] In this county also up the Rariton, lies the city of New-Brunswick, i- well built, but the situation low, tho' high ground adjoining ; the county besides contains several villages, as Woodbridge, including Raway, Piscataway, Cran- bury and Princeton ; in the last is situate the New-Jersey college, a handsome capacious building:^- The college was first founded by charter from president Hamilton, and enlarged by governor Belcher, in 1747 ; at his death he left it a considerable donation of books. The land in this county is in part very rich, and affords beef, sheep, some pork, most sorts of grain, and smaller articles; besides staves, firewood, and other lumber, for exportation and New- York market. A general idea may be form'd of the religion of the inha- bitants k. Here ia a publick library. I. For a view, Bee New American Mag. 1759, p. 104. Of NE\y-JEIlSEY. 491 bitants, by the houses for worship ; of these, the episco- A. D paliaus ia this county have five, presbyterians seven, quakers four, baptists two, seventh-day baptists one, low Dutch calvinists one. MONMOUTH, Boundaries by act of assembly, passed in 1709, begins at the mouth of a creek that parted lands origi- nally belonging to Andrew Bowne and George Wil- locks; thence following Middlesex, to the line dividing the eastern and western division of the province; thence southerly along this line to the sea; thence along the sea to the point of sandy-hook, and thence up the bay to the creek aforesaid : It contains the villages of Shrewsbury, Middletown, Freehold, and Allen-Town : The courts for the county business, are held at Freehold. The lands in Shrewsbury, Middle- town, and part of Freehold, are mostly remarkably good ; they raise grain, beef, sheep, butter, cheese, and other produce for New- York market : At the high lands of Navesink, the New- York merchants have lately erected a commodious light house, for the security of navigation. The houses for worship in this county, are, presbyterians six, episcopalians four, quakers three, baptists four. ESSEX, Had its boundaries fixed by act of assembly, in 1709, but altered in 1741. Laws of the province, vol. 1. jp. 12, 274. It contains the well-settled towns of Elizabeth and Newark ;"i- in .the latter the courts for the county are held ; in the former those for the ancient borough : This being an old settled county, and good land, is consequently full of inhabitants : their plan- tations are too high in value, to be generally large; their 171. At each of those towns is a publick library. 1765. 492 The HISTORY A. !>. their improvements greater than in many other parts ; they raise wheat, beef, sheep, and generally what is common from good land ; part is carried to New- York market, and part exported in bottoms of their own : Of places for worsL"p, the presbyterians have seven, episcopalians three, baptists one, Dutch calvinists two. SOMERSET, Was divided from Middlesex by a proprietary law, in 1688, and then named ; its boundaries were again limited in the act of 1709, but altered by other acts in 1713 and 1741. Vol. 1 of laws p. 12, 40. 274. It adjoins to Middlesex on the north, the rest on Essex, Morris and Hunterdon : In it is the village of Bound-Brook : The land is rich, and being early settled by the industrious low Dutch, and a few others, much improved. Wheat is the staple of the county, of which they raise large quantities; they send their flour down Rariton river, to New- York ; and near Brunswick, running under the river Rariton, is a copper mine, but not yet very profitable. In this county lies the Rocky-Hill mines : Here also at Baskin-ridge, is the seat of William Alexander, earl of Stirling ; his improvements for taste and expence, promise more than any thing of the kind hitherto effected in the province. Of houses for worship, the English presbyterians have three, low Dutch reformed ditto, five, Dutch lutheran one, baptists one. The Dutch of the calvinistical plan of Holland, in the eastern parts of this province, were very insignifi- cant, and only supplied by their ministers from New- York and Long-Island, twice or thrice a year, (except Hackinsack, who had one Burtolf settled among them) until about the year 1719, when those of Somerset, Middlesex, and part of Hunterdon, jointly applied to Holland for a minister, from whence came Theodo- rus Jacobus Freelinghausen, who officiated among them. Of new-jersey. 493 them, and was the chief means of establishins: several A. D. congregations in those parts : Since which the number of their ministers is increased to fourteen or fifteen in the eastern division ; and each of them do for the most part supply two or three different congregations. BERGEN. By the act of 1709, is bounded from Constable- Hook, along the bay and Hudson's river, to the partition point between New-Jersey and New- York ; thence along the partition line between the said pro- vinces, and the division line of East and West-Jersey, to Pequaneck river ; thence down that and Passaick river to the sound ; and thence to the place first named : Its situation on Hudson's river, opposite and adjacent to New- York, opens an advantageous intercourse with that market ; their lands are generally good for grass, wheat, or any other grain. The Scluiylers have here two large parks for deer. The inhabitants of the county, being the descendants of the low Dutch or Hollanders, that originally settled there"- under the Dutch title, preserve the religion of their ancestors, and worship after the manner of the reformed churches in the united provinces; in principle presbyterians, yet in subordination to the classis of Amsterdam : Their language in general, bears the Dutch accent ; nor have they forgot the customs of Holland : They have of houses for worship, Dutch calvinists seven, Dutch lutherans two. In this county are the Schuylers mines. Sixteen miles above Newark in Essex, on the opposite side of Second-River, in Bergen, is the remarkable Passaick falls, the precipice from the highest part of the rock, is supposed to be about seventy feet perpen- dicular. In this county was born the late famous col. Peter n. See p. 61. 494 TheHISTOEY A. D. Peter Schuyler, who died in 1762, aged about fifty-two years : He was a younger son of Aarent Schuyler, the discoverer and first owner of the mines above-men- tioned. He had the command of the province troops, against the French of Canada, in divers campaigns, in the two last wars ; and by the best judges of military merit, was allowed to rank high in that character : He had qualities besides, that greatly recommended him to his acquaintance, being of a frank, open be- haviour, of an extensive generosity and humanity, and unwearied in his endeavours to accomplish whatever appeared of service to his country : He was taken at Oswego, when that post was given up to the French, and long detained a prisoner in Canada ; where having letters of credit, he kept open house for the relief of his fellow sufferers, and advanced large sums to the Indians, in the French interest, for the redemption of captives ; many of whom he afterwards, at his own expence, maintained whilst there, and provided for their return ; trusting to their abilities and honour for repayment, and lost considerable that way ; but seemed to think it money well bestowed : As to person he was of a tall hardy make, rather rough at a first view, yet a little acquaintance discovered a bottom of sincerity, and that he was ready to every kind office in his power : In conversation he was above artifice or the common traffick of forms, yet seemed to enjoy friendship with its true relish ; and in all relations what he seemed to be, he was. Matih. vii. 20. "Western Division. BURLINGTON. For the first boundaries and settlement of this county, see chap. vi. It was limited by the act of 1709, and afterwards curtailed by another act. Vol. i of laws, p. 41. The Op NEW-JERSEY. 495 The city of Burlingtono- was laid out in 1677, A. D. and early incorporated ; but the charter now in being, was granted by governor Cosby : The Delaware before it about a mile broad, forms a convenient bason for shipping; its situation for trade is good; but eclipsed by the growing advantages of its opulent neighbour, the city Pliiladelphia.p- The land and air is good: where the houses chiefly stand, is an island, with two entrances on causeways, and a quantity of drain'd mea- dows adjoining ; but long experience has proved them not unhealthy : The courts for the county are held here; the legislature of the province meet alternately at Amboy and here; the supreme courts are held in, the same manner : The council chosen by the general proprietors of West-Jersey to transact their business, always meet here, \_8ee chap, a^.] In this place is also a promising library, the contributors are incorporated by charter : Besides the town aforesaid, there are two others ; ten mile further up Delaware, is Borden Town, founded by Joseph Borden ; on a branch of North- ampton or Rankokas river, is Bridge Town, or Mount Holly, 0. Four miles from hence, a reclnse person who came a stranger has existed alone, near twelve years, in a thick wood ; through all the extremities of the seasons, under cover of a few leaves, supported by the side of an old log, and put together in the form of a small oven, not high or long enoi>gh to stand upright or lie extended ; he talks Dutch, but unintelligibly, either through design, or from defect in his intellects, 'tis hard to tell which ; whence he came or what he is, no body about him can find out; he has no contrivance to keep fire, nor uses any; in very cold weather he lie<< naked, stops the hole he creeps in and out at with leaves; he mostly keeps in his hut, but sometimes walks before it, lies on the ground, and cannot be persuaded to work much, nor obliged without violence to forsake this habit, which he appears to deliglit in, and to enjoy full health ; when the woods and orchards afford him no nuts, apples, or other relief as to food, he applies now and then for bread to the neighbourhood, and with that is quite satisfied ; he refuses money, but has been frequently cloathed by charity ; he seems to be upwards of forty years of age ; as to person rather under the middle size ; calls himself Francis. p. Seventeen miles distant by land, twenty by water. 496 TheHISTORY A. D. Holly :?• In this county also are the villages of Kings- bury, Crosswicks, New-Hanover and Chester, or Moore's-Town : The arable land is generally but indif- ferent ; yet interspersed with quantities of good meadow, renders them profitable : Pork is the staple ; of which a large quantity is raised for the West-India market, and has deservedly gained reputation through all the islands: Beef, mutton, cheese, butter, ither. Tenthly. The general «isembly, by act as aforesaid, shall make provision for the maintenance and support of the governor, and for the defraying of all necessary charges of the government ; as also the constables of the said province, shall collect the lords rent, and shall pay the same to the receiver that the lords shall appoint to receive the same ; unless the said general assembly shall prescribe some other way whereby the lords may have their rents duly collected, without charge or trouble to them. Eleventhly, and lastly. To enact, constitute and ordain, all such other laws, acts and constitutions, as shall or may be necessary for the good prosperity and settlement of the said province (excepting what by these presents is excepted) and conforming to tlie limitations herein exprest. The governor is with his council before expressed, First. To see that all courts established by the laws of the general assembly, and all ministers and officers, civil and military, do and execute their several duties and offices respectively, according to the laws in force, and to punish them for swerving from the laws, or acting contrary to their trust, as the nature of their oS'ences thall require. [Secondly, According to the constitution of the general assembly, to nominate and commissionate the several. judges, members and officers of courts, whether magistratical or ministerial, and all other civil officers, coroners, &c. and their commissions, powers and autho- rity, to revoke at pleasure. Provided, that they appoint none IjuI such as are freeholders in the province aforesaid, unless the general assembly consent. Thirdly, According to the constitution of the general assembly, to appoint courts and officers, in cases criminal, and to impower them to inflict penalties upon ofienders. against any of the laws in force in the said province, as the said laws shall ordain ; whether by fine, imprisonment, banishment, corporal punishment, or to the taking away of member or life itself, if there be cause for it. Fourthly. To place officers and soldiers for the safety, strength and defence of the forts, castles, cities, &c. according to the number appointed by the general assembly, to nominate, place and commis- sionate all military officers under the dignity of the said governor, who iscommissionated by us,overtheseveral train'd bands and companies, constituted by the general assembly, as colonels, captains, &c. and their commissions to revoke at pleasure: The governor, with the advice of his council, unless some present danger will not permit him, to advise to muster and train all forces within the said pro- vince, to prosecute war, pursue an enemy, suppress all rebellions and APPENDIX. 617 and mntiniep, as well by sea as land; and (o exercise the whole A. D. militia, as full_y as we by the grant from his royal highness can ira- 1664. power them to do: Provided, tiiat they appoint no military forces but ■what are freeholders in the said province, unless the general assemblj ehall consent. Fifthly. Where they see cause, after condemnation, to reprieve, until the case be presented, with a copy of the whole trial, proceed- ings and proofs, to the lords, who will accordingly either pardon or command execution of the sentence on the offender; who is in mean time to be kept in safe custody, till the pleasure of the P-ds be known. Sixthly, In case of death or other removal of any of the repre- sentatives within the year, to issue summons, by writ, to the respec- tive division or divisions for which he or they were chosen, com- manding the freeholders of the same to choose others in their stead. Seventhly, To make warrants and seal grants of lands, according to thoseourconcessionsand the prescriptions by the advice of thegeneral assembly, in such form as shall be at large set down in our instructions to the governor, in his commission, and which are hereafter expressed. Eighthly, To act and do all other tilings that may conduce to the safety, peace and well government of the said province, as they shall see fit; so as they be not contrary to the laws of the said pro- vince. And for the better security of all the inhabitants in the said province. First. They are not to impose, nor sufler to be imposed, any tax, custom, subsidy, tallage, assessment, or any other duty whatsoever, upon any colour or pretence, upon the said province and inhabitants thereof, other than what shall be imposed by the authority and con- sent of the general assembly, and them only in manner as aforesaid. Secondly. They are to take care, that lands quietly held, planted and possessed seven years after its being duly surveyed by the eurveyor general, or his order, shall not be subject to any review, re-survey or alteration of bounds, on what pretence soever, by any of us, or any oflScer or minister under us. Thirdly. They are to take care, that no man, if his cattle stray or range, or graze, on any ground within the said province, not actually appropriated or set out to particular persons, shall be liable to pay any trespass for the same, to us, our heirs, or executors. Provided, that custom of commons be not thereby pretended to, nor any person hindered from taking up and appropriating any lands so grazed upon, and that no person do purposely suflTer his cattle to graze on such lands. And that the planting of the said province may be the more speedily promoted. First. We do hereby grant unto all persons who have already adventured into the said province of New-Caesaria, or New-Jersey, •orshalltransportthemselvesorservanlsbefnrethefirstof day January, which shall be in the year of our lord, 1665, these following pro- portions, viz. To every freeman that shall go with the first governor from the port where he embarks (or shall meet him at the rendezvous he 618 APPENDIX. A. D. he appoints for the settlement of a plantation, there armed with a 1664, good musket, bore twelve bullets to the pound, with ten pounds of powder and twenty pounds of bullets, with bandaliers and matches convenient, and with six months provision ; for his own person arriving there, one hundred and fifty acres of land, English measure; and for every able man sc vant, that he shall carry with him, armed and provided as aforesaid^and arriving there, tiie like quantity of one hundred and fifty acres of land, English measure ; and whosoever shall send servants at that lime, sliall have, for every able man servant he or she shall send armed and provided as aforesaid, and arriv- ing there, the like quantity of one hundred and fifty acres; and for every weaker servant or slave, male or female, exceeding the age of fourteen years, which any one shall send or carry, arriving there, seventy five acres of land ; and to every christian servant, exceeding the age aforesaid, after the expiration of their lime of service, seventy five acres of land for their own uses. Secondly. Item, To every master or mistress, that shall go before the first day of January, which shall be in the year of our lord 1665,. one hundred and twenty acres of land ; and for every able man servant, that he or she siiall carry or send armei and provided as aforesaid, and arriving within the lime aforesaid, the like quantity of one hundred and twenty acres of land ; and for every weaker servant or slave, male or female, exceeding the age of fourteen years, arriving there, sixty acres of land ; and to every christiatt servant, to their own use and behoof, sixty acres of land. Thirdly. Item, To every free man or free woman, that shall arrive in the said province, armedand provided as aforesaid, within the second year, from the first day of January 1665, to the first day of January 1666, with an intention to plant, 90 acres of land, English measure; and for every able man servant, that he or she shall carry or send armed and provided as aforesaid, ninety acres of land like measure. Fourthly, Item. For every weaker servant or slave, aged as afore- said, that shall be so carried or sent thither within the second year,, as aforesaid, forty-five acres of land of like measure; and to every christian servant that shall arrive the second year, forty-five acres of land of like measure, after the expiration of his or their time of service, for their own use and behoof. Fifthly, Item. To every free man and free woman, armed and provided as aforesaid, that shall go and arrive with an intention ta plant, within the third year, from January 1666, to January 1667, armed and provided as aforesaid, three score acres of land of like measure; and for every able man servant, that he or they shall carry or send within the said time, armed and provided as aforesaid, the like quantity of three score acres of land ; and for every weaker servant or slave, aged as aforesaid, that he or they shall carry or send within the third year, thirty acres of land ; and to every christian .servant so carried or sent in the third year, thirty acres of land of like measure, after the expiration of their time of service. All which land, and all other that shall be possessed in the said province, are to be held on the same terms and conditions as is before mentioned, and as hereafter in the following paragraphs APPENDIX. 519 is more at large expressed. Provided always, that the before menti- A. D. oned land, and all other whatsoever, that sliall be taken up and so 1664. settled in the said province, shall afterward from time to time for ihe space of thirteen years, from the date hereof, be held upon the conditions aforesaid, continuing one able man servant or two snch ■weaker servants as aforesaid, on every hundred acres a master or mistress shall possess, besides what was granted for his or her own person ; in failure of which, upon other disposure to the present -occupant, or his assigns, there shall be three years giring to such for their compleating the said number of persons, or for their sale or -dispositions of such part of their lands, as are not so peopled within such time of three years : If any such person Jiolding any land, shall fail, by himself his agents, executors or assigns, or some other way 4o provide such number of persons, unless the general assembly shall without respect to poverty, judge it was impossible for the party so failing, to keep or procure his or her number of servants to be pro- vided for as aforesaid ; in 6uch case, we the lords to have power of disposing of so much of such land as shall not be planted with its due number of persons as aforesaid, to some others that will plant the same. Provided always, that no person arriving in the said pro- vince, with purpose to settle (they being subjects or naturalized as aforesaid) be denied a grant of such proportions of land, as at the time of their arrival there are due to themselves or servants, by •concession from us as aforesaid ; but have full licence to take up and settle the same, in such order and manner as is granted or prescrib'd. All lands (notwithstanding the powers in the assembly aforesaid ) shall ■be taken up by warrant from the governor, and confirmed by the •governor and council, under a seal to be provided for that purpose, in such order and method, as shall be set down in this declaration, and more at large in the instruction to the governors and council. And that the lands may be the more regularly laid out, and &11 persons the better ascertained of their titles and possession. First. The governor and council and general assembly, (if any he) are to take care, and direct that all lands be divided by general lots, none less than two thousand one hundred acres, nor more than twenty-one thousand acres in each lot, excepting cities, towns, &c. and the near lots of townships; and that the same be divided into seven parts ; one seventh part to us, our heirs and assigns ; the re- mainder to persons as they come to plant the same, in such propor- tions as is allowed. Secondly, Item. That the governor, or whom he shall depute, in case of death or absence, if some be not before coram issionated by us as aforesaid, to give to every person to whom land is due, a warrant, signed and sealed by himself, and the major part of his •council, and directed to the surveyor general, or his depd bound acres of land, (as his due proportion) is for such a person, in such allotment, according to the warrant; the register having first recorded the same, and at- tested the record upon the warrant: The surveyor general, or hia ■deputy, shall proceed and certify to the chief secretary or register, 4he name of the person for whom he hath laid out land, by virtue of 620 APPENDIX. A. D. of what authority, the date of the authority or warrant, the number 1664. of acres, the bounds, and on what point of compass the several limits tliereof lye; which certificate the register is likewise to enter in a book to be prepared for that purpose, with an alphabetical tabic, referring to the book, that so the certificate may be the easier found ; and then to file the certificates, and the same to keep safely: The certificate being entered, a warrant comprehending all the particulars of land mentioned in the certificate aforesaid, is to be signed and sealed by him and his council, or the major part of them as afore- said, they having seen the entry, and directed to the register or chief secretary, for his preparing a grant of the land to the party for whom it is laid out; which grant, shall be in the form following, viz. 'The lords proprietors of the province of New-Ci3esaria, or New- ' Jersey, do hereby grant unto A. B. of the in the province 'aforesaid, a plantation, containing acres, English measure; 'bounding as in the certificate, to hold to him or her, his or 'her heirs and assigns for ever, yielding and paying yearly unto the 'said lords proprietors, their heirs or assigns, every twenty fifth day 'of March, according to the English accorapt, one half penny of 'lawful money of England, for every of the said acres, to be holden 'as of the manor of East Greenwich, in free and common socage, the ' first payment of Avhich rents to begin the 2oth day of March, which 'shall be in the year of our lord 1670, according to the English * accompt. Given under the seal of the said province, the 'day in the year of our lord 166 ' To which instrument the governor or his deputy, hath hereby full power to put the seal of the said province, and to subscribe his name; as also the council, or major part of them, are to sub- scribe their names, and then the instrument or grant is to be by the register recorded in the book of records for that purpose ; all which being done according to these instructions, we hereby declare, that the same shall be eflfectual in law, for the enjoyment of the said plantati- on, and all the benefits and profits of and in the same, (except the half part of mines of gold and silver,) paying the rent as aforesaid : Pro- vided, that if any plantation so granted, shall by the space of three years, be neglected to be planted with a sufficient number of servants- as is before mentioned, that then it shall and may be lawful for us otherwise to dispose thereof, in whole or in part, this grant notwith- standing. Thirdly. Item, We do also grant convenient proportions of land for high ways and streets, not exceeding one hundred feet in breadth in cities, towns and villages, &c. and for churches, forts, wharfTs, keys^ harbours, and for publick houses, and to each parish for the use of their ministers, two hundred acres, in such places as the general assembly shall appoint. Fourthly. Item, The governor is to take notice, that all such lands laid out for the uses and purposes aforesaid, in the neSl preceding article, shall be free and exempt from all rents, taxes and other charges and duties whatsoever, payable to us, our heirs or assigns. Fifthly. Item, That in laying out lands for cities, towns, villages, boroughs, or other hamlets, the said lands be divided into seven parts, one APPENDIX. 521 one seventh part whereof to be by lot laid out for us, and the rest A. D. to be divided to such as shall be willing to build thereon, they paying 1664. after the rate of one penny or half penny per acre, (according to the value of the land) yearly to us, as for their other lands as aforesaid ; which said lands in the cities and towns, &c. is to be assured to each possessor by the same way and instrument, as is before luentioned. Sixthly. Item. That all rules relating to the building of each st.reet, or quantity of ground to be allotted to each house witliin the said respective cities, boroughs and towns, be wholy left, by act as aforesaid, to the wisdom and discretion of the general assembly. Seventhly. Item. That the inhabitants of tlie said province have free passage thro' orby any seas, bounds, creeks, rivers, or rivulets &c, in the said province, through or by which they must necessarily pas3 to come fi-om the main ocean to any part of the proviuce aforesaid. Eighthly and lastly. Itshall be lawful for the representatives of the freeholders, to make any address to tlie lords, toucliing the governor or council, or any of tliem, or concerning any grievance whatsoever, or for any other thing they shall desire, without tlie consent of the governor and council, or any of them. Given under our seal of our 8aid province, the 10th day of February, in they ear of our lord 1664. Berkeley, G. Carteret. NUMBER II. The concessions and agreements of the 'proprietors, free- holders and inhabitants of the province of West New- Jersey, in America. CHAP. I. WE do consent and agree as the best present expedient, that such A. I>. persons as shall be from time to time deputed, nominated and 1676. appointed commissioners by tiie present proprietors, or the major part of them, by writing under their hands and seals, slia II be commissioners for the time being, and have power to order and manage the estate and affa'irs of the said province of West New-Jersey, according to these our concessions hereafter following, and to depute others in their place and authority in case of death or removal, and to continue until some other persons be deputed, nominated and appointed by the said proprietors or the major part of them, to succeed tiiem in that office and sejjvice. And the commissioners for the time being, are to take care, for setting forth and dividing all the lands of the said province as be already taken up, or by themselves shall be tnken up and contracted for with the natives; and the said lands so taken up and contracted for, to divide into one hundred parts, as occasion shall require; tiiat is to say, for every quantity of land that they shall from time to time lay out to be planted aYid .settled upon, they .«hall first, for expedition, divide th« same into ten equal parts or shares, and 522 APPENDIX. A. D. and for distinction sake, to mark in the register, and npon some of 1676. the trees belonging to every tenth part, with the letters A. B. and so end at the letter K. And after the same is so divided and marked, the said commissioners are to grant nnlo Thomas Hutchinson, of Beverly, Thomas Pearson, of Bonwicke, Joseph Helmsiy, of Great Keike, George Hutchinson, of Sheffield, and Mahlon Stacy, of Hansworth, all of the connty of York, or their lawful deputies, or par- ticular commissioners, for themselves and their friends, who are a con- siderable number of people, and many speedily promote the planiing of the said province. That they may have free liberty to make choice of any one of the said tenth parts or shares, which shall be first divided and set out, being also done with their consent, that they may plant upon the same as they see meet ; and afterward any other person or persons who shall go over to inhabit, and have purchased to the number of ten proprieties, they shall and may have liberty to make choice of any of the remaining parts or shares to settle in : And all other proprietors who shall go over to settle as aforesaid, and cannot make up amongst them tlie number of ten proprietors; yet nevertheless, they shall and may have liberty to make choice of settling in any of the said tenth shares, that shall not be taken up before: And the commissioners have hereby power to see the said one tenth part, that they shall so make choice of, laid out and divided into ten proprieties, and to allot them so many proprieties out of the same as they have order for; and the said commissioners are to follow these rules, until they receive contrary order from the major part of the proprietors, under their hands and seals. The said commissioners for the time being, have hereby power for appointing and setting out fit places for towns, and to limit the boundaries thereof; and to take care they be as regular built as the present occasion, time, and conveniency of the places will admit of. And that all towns to be erected and built, shall be with the consent of the commissioners for the time being, or the major part of them. And further, the said commissioners are to order the affairs of the said province, according to these concessions, and any other instruc- tions that shall be given them by the major part of the proprietors, until such time as more or other commissioners shall be chosen by the inhabitants of West-Jersey, as here in these concessions is mentioned and appointed. And it is further expressly provided and agreed to, that whereas there is a contract or agreement granted by William Penn, Gawen Lawrie and Nicholas Lucas, unto Thomas Hut^-hinson, Thomas Pearson, Joseph Helmsiy, George Hutchinson and Mahlon Stacy, dated the second day of the month called March, 1676, instant, wherein they grant unto the said persons, certain privileges for a town to be built, whereby they have liberty to choose their own magistrates and officers for executing the laws according to the concessions within the said town ; which said contract or agreement is to t)e held firm and g^od to all intents and purposes, and we do by these our concessi- ons confirm the same. CHAP. APPENDIX. 623 C H A P . I I . A. D. AN D that all and every person and persons, may enjoy his and their just and equal propriety and purchase of lands, in the Baid province; it is hereby agreed, concluded and ordained, that the surveyor or surveyors, that the said proprietors have deputed and appointed, or shall depute and appoint; they failing, that the com- missioners shall depute and appoint, or that the general free assembly hereafter shall depute and a[)point, shall have power by him or them- selves, or his or their lawful deputy or deputies, to survey, lay out or bound, all the proprietors lands, and all such lands as shall be grant- ed from any of the proprietors to the freeholders, planters, or in- habitants, and a particular or terrior thereof, to certify to the re- gister, to be recorded. CHAP. III. THAT hereafter upon further settlement of the said province, the proprietors, freeholders, and inhabitants, resident upon the said province, shall and may, at or upon tlie five and twentieth day of the month called March, which shall be in the year accord- ing to the English account, one thousand six hundred and eighty; and so thence forward, upon the five and twentieth day of March yearly, by the ninth hour in the morning of the said day, as-iemble themselves together, in some publick place to be ordered and ap- pointed by the commissioners for the time being; and upon default of such appointment, in such place as they shall see meet, and then and there elect of and amongst themselves, ten honest and able men, fit for government, to officiate and execute the place of com- missioners for the year ensuing, and until such time as ten more for the year then next following, shall be elected and ajipointed : Which said elections shall be as followeth, that is to say, the inhabitants each ten of the one hundred proprieties, shall elect and choose one, and the one hundred proprieties shall be divided into ten divisions or tribes of men. And the said elections shall be made and distinguished by balloting trunks, to avoid noise and confusion, and not by voices, holding up of the hands, or otherwise howsoever : Which said commissioners so yearly to be elected, shall likewise govern and order the affairs of the said province, (pro tempore) for the good and welfare of the said people, and according to these our concessions, until such time as the general free assembly shall be elected and deputed in euch manner and wise as is hereafter expressed and contained. CHAP. IV. And that the planting of the said province be the more speedily promoted, it is consented, granted, concluded, agreed and declared. First, rp H A T the proprietors of the said province, have and do JL hereby grant unto all persons, who by and with the consent of one or more of any of the proprietors of the said province, at- tested 1676. 524 APPENDIX. A. D. tested by the certificate, under his or their hands and Reals, adventure 1676. tothesaidprovinceof west New- Jersey, and shall transport themselves or servants, before the firsi day of the month commonly called April, ■which shall be in the year of our lord one thousand six hundred seventy and seven, these following proportions, viz. For his own person arriving, seventy acres of land, English measure; and for every able man servant that he shall carry with him, and arriving there, the like quantity of seventy acres of laud, English measure: And whosoever shall send servants before that time, shall have for every able man servant, he or they so send as aforesaid, and arriving there, the like quantity of seventy acres ; and for every weaker servant, male or female, exceeding the age of fourteen years, which any one shall send or carry, arriving there, fifty acres of land ; and after the expiration of their time of service, fifty acres of land for their own use and behoof, to hold to them and their heirs forever. AH 8uch person and persons, freemen or servants, and their res actually run the line so awarded, from little Egg Harbour, to Dobies plantation, on the south branch of Rariton ; which is upwards of sixty miles. This board has likewise been informed, and believes, that another partition line was afterwards agreed on between the chief governors doctor Coxe and Robert Barclay ; but has not iieard of any part there- of being afterwards actually run ; and it appears not by any thing on our records, that either of those two lines were made binding on the proprietors of either division, or with consent of the majority of the proprietors ; and had they been with such consent, yet could they not thereby have appeared to alter the quinti partite line before agreed to by all the proprietors. To the third, we know nothing in the act that supposes the quan- tity of land in each division to be the same; nor do we conceive after the execution of the quinti partite deed, that the proprietors of either division had any concern with the quantity or quality of the land of the other division ; tho' were it a matter proper to be enquired into, we have reason to believe, that the western division would be found to contain a much greater number of acres, even iacluding Staten-Isiand, than the eastern division. To APPENDIX. 557 To the fourth, there has been many applications from the eastern to the western proprietors, to join in tlie running tlie quinti partite line according to tlie act, and the eastern proprietors have always been ready to join in that work ; and if any mistakes have happened such as the article sets forth, its but reason they should suffer, seeing the proprietors of bolli sides were sufficiently warned by that act, of the danger of such mistakes, and ought to place their loss thereby to the account of those who liave been the cause of the delay of the running of the line. To the fifth and sixth, we are of opinion, that the act was princi- pally framed, with a view to prevent the inconveniencies set forth in these articles, and is sufficiently worded to answer the ends. As to the equivalent proposed by the said paper to be given to the western proprietors, we conceive, that the act has fully provided a remedy for an equivalent to that division, to which it shall be found to belong. And upon the whole, as the act was passed with the consent of a very great number of proprietors, especially of the western division, and as the act has received the royal assent, so that no alteration can be made therein but by the king's express assent first had: And as it might be of very dangerous consequence, to alter or attempt the altering any part thereof; and as we believe the consent cannot be had of so great a number of the proprietors to any alteration, as there was to the making of the act ; we cannot agree to any the least alteration therein ; and hope the western division proprietors will join with the eastern proprietors in the running of the line, and estimating the equivalent, pursuant to the act : And that the work may be begun this fall, and carried on in the manner profiosed by the minute of this board, of the 28th of May, 1741, (whereof a copy was then sent to the western proprietors) or in such other reasonable manner as can be agreed on ; and hope, that we may not be laid under any necessity of running the line exparte, or of taking any compulsory method for settling the equivalent; and in hopes that things so disagreeable, might have been avoided, w& have hitherto delayed the having recourse to them. Ordered, that Mr. Johnston, Mr. Nevill, Mr. Burnet, Mr. Leonard and Mr. Smyth, or any three of them, be a committee to agree with the western division proprietors, upon the time, ways, and means for running the said line, pursuant to the act ; having regard to the former minutes of this board concerning the same, and to employ the persons necessary for the work in behalf of the eastern proprietors ; which committee are to be ready at Perth-Amboy at any time, until the end of March next; to meet or correspond with a committee of the western proprietors for the above purpose. Ordered, that if any other of the members of this board, be at Perth-Amboy, that they be admitted into the said committee. Lawr. Smyth, register to the council of proprietors. NUMBER, ^8 APPENDIX. NUMBER VIII. To the King's most excellent majesty. The remonslra7i.ce and humble petition of your majesty's most loyal sub' jeets, inhabiting in your majesty's province of East New-Jersey, in America. Humbly sheweth, THAT whereas your majesty's humble petitioners did remove and settle themselves into the said province of East New-Jersey, and by virtue of a licence from the honourable colonel Richard Nichols, governor of the said province, under his then royal highness the duke of York, to purchase lands of the native pagans ; did, ac- cording to the said licence, purchase lands of the said natives, at their own proper costs and charges ; and whereas since his said royal highness did sell and transfer all his right and interest to the said province of East New- Jersey, to certain proprietors; by whose licence, several others your majesty's loyal subjects, have also since purchased lands at their own proper costs and charges, of the native pagans of the same place ; whereby they humbly conceive they have acquired and gained a right and property to the said lands so pur- chased ; yet notwithstanding, your majesty's loyal subjects are mo- lested, disturbed and dispossessed of their said lands, by the said pro- prietors or their agents ; who under pretence and colour of having bought the government, with the soil, have distrained from, and •ejected several persons for and under the pretence of quit rent, and lord's rent ; whereby your majesty's liege subjects have been sued, and put to great trouble and charges, and have been compelled to answer to vexatious actions ; and after they have defended their own rights, and obtained judgment in their favour, could not have their charges, as according to law they ought to have ; but have been forced to sit down under the loss of several hundreds of pounds, sustained by their unjust molestations. And further, notwithstanding your majesty's liege subjects have purchased their lands at their own proper costs and charges, by virtue of the aforesaid licence; yet the said proprietors, governors or agents, without any pretended process of law, have given and granted great part of the said lands, by patent, to several of the said proprietors and others, as to them seemed fit. And notwithstanding their pretence to government, yet they left us from the latter end of June, 1689, till about the latter end of August, 1692, without any government, and that too in the time of actual war ; so that had the enemy made a descent upon us, as we were without any military oflScers to command or give direc- tions, in order to our defence, or magistrates to put the laws in execution ; and during the whole time, the said proprietors have governed this your majesty's province, they have never taken ctire to preserve or defend us from the native pagans, or other enemies, by sending or providing any arms, ammunition or stores ; but rather have APPENDIX. 66» have provoked and incensed the said natives to naake war upon ua, by surveying and patenting their lands, contrary to their liking, without purchasing the same from them, or making any satisfaction in consideration thereof; and sometimes when the said natives have sold and disposed their lands, as to them seemed meet, they the said proprietors have disposed of the same to others, or else found them who had the property in it, to purchase it of them, upon their own terms ; which the said natives have highly resented, and often complained of, and (may justly be feared) wait only for an oppor- tunity to revenge it upon the inhabitants of this your majesty'a province. And further to manifest the illegal and arbitrary proceedings of the said proprietors, in contempt of your majesty's laws, and against their own knowledge, signified in a letter by them to the council here in East New-Jersey, wherein they say as foUovveth : ' We have ' been obliged against our own inclinations to dismiss colonel Ham- ' ilton from the government, because of a late act of parliament dis- ' abling all Scotchmen to serve in places of publick trust and profit, ' and obliging all proprietors of colonies to present their respective ' governors to the king, for his approbation ; so we have appointed our * friend Jeremiah Basse, to succeed colonel Hamilton in government, ' whom we have also presented to the king, and by him he is owned ' and approved of.' Notwithstanding which letter, they have su- perseded the said Jeremiah Basse (whom they wrote was approved by your majesty) and have commissionatad the said colonel Hamilton, without your majesty's royal approbation ; although removed before by them, as a person disabled by law; who now by virtue of their, the said proprietors commission only, would imposp himself upon ua as governor ; and when in government before, superseded by the aforesaid Basse, was by them continued about a year after the 25th of March 1697, without taking the oath enjoined by law ; and doth now presume to exercise government, not having legally taken tiie said oath, or having your majesty's royal approbation. The said proprietors of East New-Jersey, have also, in contempt of your ma- jesty's known laws, commissionated a native of Scotland to be secretary and attorney-general of this your majesty's province ; (being both places of the greatest trust next to the governor) and one of the same nation to be clerk of the supreme court of this your nuijesty'.s province ; which may be of ill consequence, in relation to the act of trade and navigation, and to the great hindrance of your majesty's loyal subjects, (the power of government being chiefly in the hands of natives of Scotland) from informing against any illegal or fradulent trading, by Scotchmen, or others in the province. We your majesty's loyal subjects, labouring under these, and many other grievances and oppressions, by the proprietors of this your majesty's province of East New-Jersey ; do in most humble manner, lay ourselves before your majesty (the foiuitain of justice) humbly imploring your majesty will b« graciously pleased, according to your princely wisdom, to take into consideration our evil circumstances, under the present proprietors, (if the right of government is invested in them) and that your majesty will be graciously pleased to give your 660 APPENDIX. your royal orders to the said proprietors, that with your majesty's royal approbation, they com mission ate for governor, a fit person qualified according to law, who as an indifferent judge, may decide the controversies arising between the proprietors and the inhabitants of this your majesty's province ; and settle all the differences, which at present they labour under; and your majesty's petitioners as in duty bound, shall ever pray. John Royce, Samuel Walker, Vincent Rugnion. Memorandum. Besides these three, there are 221 more in the original. NUMBER. IX. To the righi honorable the lords of the council of trade and foreign plantations. The memorial of the proprietors of East New-Jersey, in America. THE proprietors having in all their applications to this honourable board, shewed an aversion to have any controversy with his majesty ; as by their several expedients in their memorials laid before your lordships may appear; and considering how often the near neighbourhood of East-Jersey to New York, (the most important frontier belonging to the crown of England, in North-America) has been urged upon them, to induce them to a resignation of their go- vernment ; they do hereby declare themselves ready to surrender the same to his majesty ; although the government was the chief motive of purchasing the said province, which they did by the opinion and advice of eminent council, learned in the law ; upon the credit of which, and the confirmation by king Charles the second, of the title to the grantees, their heirs and assigns, as absolute proprietors and governors (as by his proclamation hereunto annexed does appear) they have buried great part of their estates in building, and planting the country ; and at their own expence maintained the government for several years past, as well as before his majesty's happy succession to the crown, as ever since ; and have not received any returns what- soever, for all their labour and cost to this day. In consideration of the premisses, the pro[)rietora do, in humble confidence, rely on his majesty's justice and goodness, to confirm to the proprietors and planters respectively, the following rights and privileges; to render them (at least) as easy under his majesty's government, as when under the proprietors ; towards which they presume to enumerate the following particulars, viz. First, That his majesty will be graciously pleased to confirm to them, the soil and lands of the said province, and the quit rents reserved upon the grants made, or to be made to the planters or others. Second, That upon the annexation of the government of the said province, to that of New- York, the port of Perth-Amboy may be established, for entering ships, and importing goods there, and APPENDIX. 661 and exporting goods from thence, without being obliged to enter their ships at any other place; paying the same, or like custom to his majesty, as are or shall from time to time, be payable at New- York. Third, To have free liberty to trade with any Indians, or other inhabitants of America, without interruption ; and the proprietors to have the sole privilege (as always hath been practised) of pur- chasing from the Indians, all such lands lying within Fast-Jersey, as yet remain unpurchased from them. Fourth, All necessary officers and courts of justice, for administra- tion of justice, in cases criminal and civil, to be appointed and held in East-Jersey; in the same manner as is practised within the government of New-York; and that the inhabitants may not be obliged to go to New-York, or be impleaded there, for any criminal ■or civil matter arising within East-Jersey, nor be compelled to serve upon juries, or in any ministerial office within the province of New- York. Fifth, That a superior court be held twiceayear, at Perth-Amboy, before which writs of error, or appeals (in the nature of writs of error) from other courts within the province, may be brought and determined. Sixth, That the public register, and all records relating to the said province, may be kept at Perth-Amboy, and not removed to any other place ; and that the constituting of the secretary and re- gister, and the surveyor general of the said province of East New- Jersey, remain in the proprietors. Seventh, That the same number of counties be continued in East Jersey, as there are at present, and by the same names ; and that each county in East Jersey, may choose and send as many representa- tives to the general assembly, to be held for New- York and East- Jersey, as are or shall be chosen by any county in New- York ; and if any more counties shall be hereafter created or appointed in New- York, as many may be created and appointed in East-Jersey. Eighth, That a proportionable number of the inhabitants of East- Jersey, may be appointed to be of the governor's council, at all general assemblies, and to have votes therein. Ninth, That the twenty-four proprietors may be lords of the soil, and hold courts for the lands in their proprietyships, and ap- point all officers that relate thereunto. Tenth, No person or persons whatsoever, to be molested or de- prived of any civil right or privilege, or rendered uncapable of holding any office or employment in the government, because of their religious principles ; the province being planted by protestant people of divers persuasions, to whom that liberty was an original encouragement. Eleventh, That all wills of persons dying within East-Jersey, and letters of administration of estates lying there, may be made and granted by the chief judge of East-Jersey, for the time being, who is to reside there, and a register thereof kept at Perth-Amboy. Twelfth, That the proprietors still have their powers continued, to grant markets and fairs in the said province. Thirteenth, 2k 562 APPENDIX. Thirteenth, Lastly, all lands, goods and chatties of felons, felona of themselves, deodands, fugitives, persons outlawed and put in exigent, waifs, estrays, treasure trove, mines and minerals, royal mines, wrecks, royal fish, that shall be forfeited, found or taken within East-Jersey, or by the inhabitants thereof, within the seas adjacent, to remain to the proprietors, with all other privileges and advantages, as amply as in the grant and confirmation to them of the fourteenth of March, 1682. And because many of the proprietors of East- Jersey, are also pro- prietors of West-Jersey ; it is humbly desired, that colonel Andrew Hamilton, may be dispatched by this board, to the government of West-Jersey ; his presence being much wanted there, for the con- venience of his majesty's subjects in that province. Signed by order, and on behalf of the proprietors. William Dockwra, secretary and register. NUMBER X. Opinion and answer of the lords commissioners for trade and plantations, to the memorial of the proprietors of E. N. Jersey, in America, signed by Mr. Dockwra, and received from him the 5th of July, 1699.* Article I. TT/^E have no objection to what is herein desired. Article II. VV We conceive his majesty may do what is herein proposed, in case the proprietors accept of a new charter, with such conditions as are reasonable, with relation to their propriety; but that it is very improper for his majesty to oblige himself to a com- pliance with this article by any clause in the new charter. Article III. The first part of this article is unreasonable ; since it may happen to be sometimes advisable to restrain this liberty : But the proprietors of East-Jersey may have tlie same liberty granted them of trading with the Indians, as is granted to the inhabitants of New-York, or any other plantation in America, under his maje- sty's immediate government; what relates to the purchasing of land may be allowed. Article IV. The first part of this article, we conceive, may be fit to be allowed, (provided the officers be appointed by the king's governor) but not without appeals in civil matters, to the king's governor and council, and to the king in council ; nor so as to hinder trials in criminal matters, by his majesty's especial commission, to be executed either in New- York, or feast-Jersey, as shall be thought fit; New- York and East-Jersey being to be accounted one province, without distinction, except as to the propriety of lands, and the dominum utile. * Taken from the books in the plantation office. Artiolr APPENDIX. 563 Article V. This article we think fit to be allowed of, provided there be a further appeal to the governor of New-York, and council, which is to consist as well of the inhabitants of East- Jersey, as of those of New- York, indifferently. Article VI. What relates to the publick register and records, to be kept at Perth-Amboy, may be allowed ; but the not removing them to any other place, upon any account whatsoever, when the publick service shall require it, seems unreasonable ; and the proprietors con- stituting of the secretary and register (which the king does every where appoint) does not seem fit to be allowed; nor is it fit there should be more than one chief secretary, both for New-York and New-Jersey, who may appoint a deputy to ofiSciate in his absence from either place. The surveyor general has a more particular reference to the propri- etors and their lands ; so that their constitution of such xn office^ may be allowed. Article VII. We have no objection against the number of counties ; but the rest of this article seems to be wholly unreasonable ; and in case East-Jersey be allowed to send one sixth part uf the representatives of the general assembly, and West New-Jersey one sixth more (which would be one full third of the whole number of the representatives for New-York and the Jersies) it is as much as can well be allowed ; since otherwise these two Jersies under proprietors, would come in competition with New-York itsell, and out-vote that part of the province when united ; so that one-third of the number of representatives for the Jersies, and two thirds for New- York (or thereabouts) seems a reasonable proportion. Article VIII. This may be reasonable; but then the proportion must be agreed on, so as to answer that of the preceding article. Article IX. We have no objection to this article, in case those officers be no other than such as constitute a court baron or leet in England. Article X. This article ranst be regulated by acts of parlia- ment, and the usage of New- York itself. Article XI. The probate of wills is usually in the king's go- nernor; but he may appoint commissaries for executing the same ia any part of his government. Article XII. We have no other objection, than that this power is usually in the governor. Article XIII. This article may be reasonable, except as to the goods and chattels of traytors, fugitives, and persons outlawed, which is matter of state; nor can right accruing to the proprietors from the seas adjacent, be well circumscribed ; the grant also of 1682, ought to be duly considered, and such particulars therein as are proper, may be allowed of without such a general and undeter- mined reference. NUMBER £64 APPENDIX. NUMB. XI. To the right honourable the lords of the council, of trade and foreign plantations. The humble memorial of the proprietors of the province of East New-Jersey in America. THE proprietors in all their applications to your lordships, and particularly in their last proposals, having express'd a great readiness of complying with his majesty's pleasure, in relation to their government, so as tlieir properties might be preserved to them, by such concessions on his majesty's part, as are necessary to that end ; are surprised at the dubious answer returned by your lordships to the second article of their proposals, concerning the establishment of a port at Perth-Amboy, for entering ships and importing goods there, and exporting goods from thence without being obliged to enter their ships at any other place. For the principal objection that has been always made, to the allowance of a port in East-Jersey, arising from the non-payment of customs there, and the^.(letriment accruing to the trade of New-York ; by reason thereof tlie proprietors con- ceived, that by submitting to pay the same customs as are paid at New-York, they had effectually answered that objection, and pre- vented all others; and that they being his majesty's subjects, and equally entitled to his favour and protection with the inhabitants of New-York, might under the payment of such dirties, freely enjoy those conveniencies for trade, which God and nature have allotted to their colony, and they have purchased with their money, and which has not been denied to any other American plantation ; tho' paying Tio customs, but permitted as a natural right. The proprietors therefore crave leave (in pursuance of that sincerity and plainness wherewith they have all along addressed to your lordships on this occasion) to declare, that the obtaining a port to be continued forever, was their main inducement to consent to a surren- der of their government ; and therefore, they insist, that in the new charter to be granted them by his majesty, there be an express clause inserted, whereby Perth-Amboy shall be established a port forever, for entering ail ships coming into, and going from East-Jersey, for importing and exporting goods ; and that such port shall not be for- feited or taken away for any misdemeanor whatsoever, but only the persons guilty of the misdemeanor, shall be accountable and punish- able for it. This is the only thing that makes the province of any value to the proprietors, or give them hopes of re-imbursing their purchase money, und other expences in improvements ; and if your lordships think it too great a privilege for them, who have been faithful subjects to his majesty, and contributed to the defence of the fron- tiers during the late war in America, more than they were able to bear; the proprietors cannot be accessary to their own ruin, by a voluntary surrender ; but must endeavour to vindicate their rights in a APPENDIX. 665 a legal manner, and seek redress by such other measures as they shall be advised to, and are consistent with their duty to his majesty. The proprietors do further crave leave to mention, that if their desire of a port is once granted, they do not foresee any great diffi- culty, to adjust with your lordships the other articles mentioned la their memorial. Signed on the behalf of the said proprietors, and by tlieir order, WiliLiAM DoCKWRA, Secretary and Register. London, 15th January, 1699 1700. NUMBER XII. To their Excellencies the lords justices of England. The humble petition of the proprietors of the provinces of East and West-Jersey, in America. Sheweth, THAT your petitioners, as they were advised by their council, being legally entitled to the government of those provinces, by virtue of several grants from the late king James, when duke of York, the declaration of the late king Charles the second, under the great seal of England, and of several acts of state and orders of council, admitting their right, have, for many years appointed governors there, and particularly colonel Andrew Hamilton, who administered the government, to the great service of the crown, and universal satLsfaction of the inhabitants, until an act of parliament passed in the seventh and eighth years of his present majesty's reign, entitled ' an act for preventing frauds, and regulating abuses in the 'plantation trade.' Upon which law some doubt arising, whether a native of Scotland (as col. Hamilton is) were capable of being a governor of the plan- tations; your petitioners, for avoiding any colour of offence against that act of parliament, appointed one Jeremiah Basse governor of those provinces ; but the lords of the committee of trade and plan- tations, making then some scruple concerning your petitioner's right of government; mr. Basse had not such a formal approbation of his majesty, as ihai act directs; and though your petitioners were at the same time houuured with instructions from the then lords justices, and lords comajissioners of the treasury, for their governors conduct, which were produced, and published by mr. Basse, as a testimony of his being nominated governor with the knowledge and implicit consent of his majesty and his ministers of state ; yet for want of an ■express approbation in writing, the inhabitants refused to obey him; and he returned to England : Whereupon your petitioners, who had been informed of the opinions of his majesty's lale attorney and present solicitor general, that a native of Scotland was not disabled to execute any office in the plantations, were induced to re-appoint the said col. Hamilton (then in England) governor of those provinces, whom your petitioners presented to the lords of the committee of trade and plantations, humbly remonstrating to them, the necessity of 566 APPENDIX. of sending a governor for preservation of the publick peace, and* praying ttieir lordships recommendation of him for his majesty'* approbation ; but their lordships having resolved to controvert your petitioners right of government, by a trial at law, declared they could not consent to such an approbation, without prejudice to liis majesty's right; yet in regard to the necessity of the people's being, under some government till the right was determined, their lord- ships delivered their opinion, that col. Hamilton, acting according to the laws of England, your petitioners might be safe in commissi- onating him, and he in executing their commission; under the secu- rity of which approbation, col. Hamilton went over, and re-assumed the government of those provinces ; but some factious and turbulent persons, impatient of any government, oppose his administration^ because he is not approved of by an order of council, according to the express letter of the act of parliament, and have made so great divisions and confusions there, that the publick peace is daily violated, and the publick justice obstructed. That your petitioners have agreed, and are ready to surrender all their right of government to his majesty, upon such terms and con- ditions, as are requisite for preservation of their properties and civil interests, and which they humbly hope will be allowed to them. Your petitioners therefore most humbly pray, that for the preser- vation of the publick peace of those provinces, your excellencies will be graciously pleased, immediately to approve of col. Hamilton^ to be governor of the provinces of East and West-Jersey, until the terms of surrender can be adjusted ; and your petitioners shall ever pray. Jos. Brooksbank, Dan. Coxe, jun. Tho. Hart,. Joseph Ormston, Joseph Ormston, as having procuration, Miles Forster and Edward Antill, Gilbert MoUeson, Tho. Barker, Tho. Lane, Paul Domi nique, Tho. Skinner, John Bridges, Michael Watts, E. Kichier,. Clem. Plumsiead, Tho. Cooper, Walter Benthal. NUMBER XIII. Representation of the lords of trade. To their excellencies the lords justices. May it please your excellencies, IN obedience to your excellencies commands, signified to us by Mr. Yard, upon several papers laid before your excellencies, relating to the state of his majesty's provinces of East and West- Jersey, in America: We have considered all the said papers, together with others of the like nature, that were already in our hands ; and hav- ing likewise heard what the proprietors and others had to ofier ; we thereupon most humbly report to your excellencies. That those countries which are now known by the name of East and West New- jersey, were granted, together with several other territories, by king Charles the second, by letters patents, bearing date. APPENDIX. 667 date the 12th day of March, 1664, to the then duke of York, his heirs and assigns ; together with full and absolute power and authority to him, his heirs, deputies, agents, commissioners and assigns, to correct, punish, pardon, govern and rule, all such per- sons as did then, or should at any time thereafter, reside within the said territories, according to such laws, orders, ordinances, direc- tions and instruments, as by the said duke of York, or his assigns, should be established ; and with several other clauses relating to the government and defence of the sanve. That the said duke of York did thereupon grant, convey and assign, the said provinces, (by the names of Nova-Csesaria or New- Jersey) to John lord Berkeley and sir George Carteret, their heirs and assigns, with all and every the appurtenances thereto belonging, in as fuU and ample manner as the same was granted to him, by the aforesaid letters patents of king Charles the second. That his said majesty king Charles the second, by other letters patents, dated the 29th of June, 1674, did again grant and con- vey to the said duke of York, all the said lands and territories, in the same manner as before expressed ; and that several sub-divisions and sales, having in the mean while been made by the said lord Berkeley, sir George Carteret, and others claiming under them ; he the said duke of York, did, by indenture, dated the 6th day of August, 1680, grant and confirm the province of West New-Jersey, with all the appurtenances thereunto belonging, to Edward Byl- linge, of Westminster, gent, in whom the title thereunto then was, and to his tieirs and assigns forever ; and did in like manner, by indenture, dated the 14th day of March, 1682, grant and confirm the province of East New-Jersey, with all the appurtenances thereto belonging, to James Earl of Perth, William Penn, esq ; and several other persons, in whom the title to the same then was ; and to their iheirs and assigns forever ; and by each of the said indentures, did likewise give, grant, and assign unto the aforesaid respective grantees •or assigns, all and every such and the same powers, authorities, jurisdictions, governments, and other matters and things whatsoever, twhich by the aforementioned respective letters, patent-s, or either of them, were granted or intended to be granted, to be exercised by him the said duke of York, his heirs, assigns, deputies, ofiicers or agents. That the present proprietors who derive their respective titles to their several shares and proportions of the soil of these provinces, by several mean conveyances, from and under the aforementioned grants to Edward Byllinge, and to the Earl of Perth, and other persons to whom the duke of York had immediately conveyed the same ; do in like manner, and by virtue of divers such mean con- veyances, claim the same powers and rights of government as were granted by king Charles the second, to the duke of York ; and by him to others, according to the tenor of the aforesaid indentures. That nevertheless, we do not find, that any suflScient form of go- vernment has ever been settled in those provinces, either by the duke of York, or by those claiming under him, as aforesaid ; but that dany inconveniences and disorders having arisen from their pretence of 568 APPENDIX. of right to govern. The proprietors of East New -Jersey, did sur- render their said pretended right to ihe late king James, in the month of April 1688; which was accordingly accepted by him. That since his majesty's accession lo the crown, the proprietors both of East and West New- Jersey, have continued to challenge the same right as before; and did in the year 1697, apply themselves to us, in order to their obtaining his majesty's approbation of the person whom they desired to have continued governor of the said provinces, but at the same time refused to enter into security to his majesty, pursuant to the address of the right honourable the house of lords, of the 18th of March, 1696, that the person so presented by them the said pro- prietors, should duly observe and put in execution, the acts of trade ; yet nevertheless proceeded, from time to time, to commissionate whom they thought fit, to be governor of those provinces, without his majesty's approbation ; according to what is required by the late act, for preventing frauds and regulating abuses in the plantation trade. That in this manner having formerly commissionated col. Andrew Hamilton, afterwards mr. Jeremiah Basse ; then again superceding their commission to mr. Basse, and renewing or confirming that to col. Hamilton; and ever since that also, some of them having sent another commission to one capt. Andrew Bown : The inhabitants sensible of the defect and insufficiency of all thv^se commissions, for want of his majesty's authority, have upon several occasions, some of them opposed one of those governors, some another, according as interest, friendship, or faction had inclined them. That the inhabitants of East New-Jersey, in a petition to his maje- sty, the last year, complained of several grievances they lay under^ by the neglect or mismanagement of the proprietors of that province or their agents, as particularly, that from the latter end of June 1689, till about the latter end of August 1692 (which was a time of actual war) they had n<«t taken any manner of care about the government thereof, so that there having been neither magistrates established to- put the laws in execution, nor military officers to command, or give directions, in order to the defence of the province, they were exposed to any insults that might have been made upon them by an enemy ; unto which they also added, that during the whole time the said proprietors have governed, or pretended to govern that province^ they have never taken care to preserve, or defend the same from the Indians, or other enemies, by sending or providing any arms, ammu- nition or stores, as they ought to have done ; and the said inhabi- tants thereupon, humbly prayed his majesty would be pleased to- commissionate some fit person qualified according to law, to be governor over them. That it has been represented to us, by several letters, memorials, and other papers, as well from the inhabitants as proprietors of both those provinces, that they are at present in confusion and anarchy ; and that it is much to be apprehended, left by the heats of the parties that are amongst them, they should fall into such violences as may endanger the lives of many persons, and destroy the colony. Thai APPENDIX. sea That the greatest number of the proprietors of both those pro- vinces residing in this city, being hereby sensible of the necessity of his majesty's authority, for the preserving of peace and good order in those countries, have lately presented a petition to your excel- lencies ; in the preamble whereof, though they still seem to assert their title to the government of the said provinces; yet nevertheless in the end, declare they have agreed, and are ready to surrender the same to his majesty, upon such terms and conditions as are requisite for preservation of their properties and civil interests ; and they therefore humbly pray, that for the preservation of the publick peace, your excellencies would be graciously pleased, immediately to approve colonel Hamilton, to be governor of both the said provinces of East and West New-Jersey, until the terms of surrender can be adjusted. That in a late memorial* presented to your excellencies (and signed not only by the same person, but by others likewise, who would noS join in the prayer of the petition) having again prefaced their own pretended right to government ; they do in like manner declare their readiness to surrender the same, in humble hope and confidence (as they express themselves) that his majesty will be pleased to grant them all reasonable privileges, which are necessary to preserve their civil rights, and the interests of planters, and which are not incon- sistent with his majesty's service, or royal authority; after wliich they proceed to propose, and particularly enlarge upon, several articles relating to the method of settling both the said provinces, and uniting them under one government. That the proprietors of East New-Jersey, residing there, have signed and sent over hither, to a gentleman whom they have con- stituted their agent and attorney in that behalf, an absolute and unconditional surrender of their right to the government of that province, so far as the same is in them, and so far as they are ca- pable of doing it for others concerned with them in that propriety. That in relation to the aforesaid articles, we have been attended by several of the proprietors here; who have further personally declared to us, that their intention in proposing the same, is only to secure their rights, in such things as are matter of property ; and that they unanimously desire to surrender the government to the king, and submit the circumstances thereof to his majesty's pleasure. But in relation to the aforementioned petition, that colonel Hamil- ton may at present receive his majesty's approbation to be governor of those provinces, the said proprietors are so divided amongst them- selves, that whereas some seem to insist upon his approbation, as one principal condition of their surrender, others in the same manner insist upon his exclusion. Upon all which, we humbly represent unto your excellencies, that not being satisfied, that the aforementioned grants from the duke of York, (the only title upon which the said proprietors claim a right to government) without any direct and immediate authority from the crown, were or could be of any validity to convey that right, (which we have been informed is a power unalienable from the * See the memorial which follows. ^70 APPENDIX. the person to whom it is granted, and not to be assigned by him unto any other; much less divided, sub-divided, and conveyed from one to another, as has been done in the present case) We did there- upon humbly represent to his majesty, the 18th of April, 1699, that a tryal might be had in Westminster-Hall, upon a feigned issue, whereby their claim to the right of government, might receive a determination. That no such determination having yet been made, nor any pro- ceedings (that we know of) had, upon the forementioned surrender; but it being generally acknowledged, both by the inhabitants and proprietors of the aforesaid provinces, that the disorder and confu- sion they are now fallen into, are so great, that the publick peace and administration of justice is interrupted and violated ; and that whilst those disorders continue, there neither is nor possibly can be, any due provision made, for the guard and defence of that country, against an enemy, we are humbly of opinion, that it is very expedient for the preservation of those territories to the crown of England, and for securing the private interest of all persons concerned, that his ma- jesty would be pleased to constitute a governor over those provinces, by his immediate commission ; which together with the instructions, to be also given to the said governor, may contain such powers, au- thorities and directions, as may be necessary for the establishing there a regular constitution of government, by a governor, council, and general assembly, with other civil and military officers; and for securing to the proprietors and inhabitants, all their properties and civil rights, in as full and ample manner, as the like are enjoyed by any plantation, under governors appointed by his majesty's immedi- ate commission ; together with such clauses and further provisions, as may be thought reasonable, in order to prevent the interfering of that colony with the interest of his majesty's other plantations; aa the proprietary governments in America have generally done. And we further humbly offer, that draughts of such a commission and instructions may be prepared ; and that they may be also shewn to the proprietaries of those provinces, in order to their acquiescence, and the surrender of their pretended right to government, in such manner and form as may be effectual in law, to the final extinguish- ing of their pretences ; or in case of their refusal, in order to such other proceedings as shall then be thought fit. All which nevertheless, is most humbly submitted. Phil. Meadows, Jo. Pollexfen, Abr. Hill, Mat Prior. Whitehall, October 2, 1701. NUMBER XIV. The humble memorial of the proprietors of the provinces of East and West- Jersey, in America. THOUGH the proprietors are advised by their council, that their right to ports within those respective provinces, was fully asserted, and their past administration of the government of those provinces APPENDIX. 671 provinces, as fully justified at the late trial had in the court of king's bench, between mr. Basse and the earl of Bellemont ; they are not- withstanding, ready and desirous, in obedience to his majesty's plea- sure, to surrender all right of government there ; in humble hope and confidence, that as his royal wisdom prompts him to resume the American proprietary governments into his own more immediate administration ; so his justice and goodness will incline him to grant the proprietors all reasonable privileges, which are necessary to pre- serve their civil rights, and the interest of the planters, and which are not inconsistent with his majesty's service, or royal authority. To which they humbly propose and pray, First. That his majesty will grant and confirm to them their lands and quit-rents, with such other liberties, franchises and privileges, as were granted to them by the late king James, when duke of York, or have been granted by his majesty to other proprietors of provinces in America, except the powers of government. Second. That his majesty will grant to them, the sole power of purchasing from the Indians, all lands lying within these provinces, which remain unpurchased from them ; and that all other persons who have purchased, or shall purchase lands, either with or without licence first had from the proprietors, and who have not already taken patents, shall be obliged to take patents of such lands from the proprietors, under a moderate quit-rent; and in default tiiereof, their title from the Indians to be declared null and void. This the proprietors humbly conceive will be necessary, as well to vindicate his majesty's royal right, as their own property under him ; because the planters have lately taken up and promoted an opinion, that the king's right to all American countries discovered by English subjects, is only notional and arbitrary; and that the Indian natives are the absolute independant owners, and have the sole disposal thereof; And some of the planters who have made such purchases of land from the Indians, refuse to take patents from the proprietors, grantees of the crown ; and others, who have taken patents, refuse to pay the quit-rents reserved. Third. That the inhabitants of both provinces may have the same liberty of trading with the Indians, as the inhabitants of New-York, or of any other plantation in America, under liis majesty's imme- diate government, do or shall enjoy. Fourth. That the port of Perth-Amboy, in East-Jersey, and the ports of Burlington and Cohansie, in West-Jersey, may be estab- lished ports of those respective provinces forever; and that no ship bound to any of those places, shall be obliged to enter at any other port ; nor any ships to be laden there, shall be obliged to clear at any other port; and that officers may be appointed at such port, for collecting the customs, and seeing the acts of navigation duly exe- cuted. Fifth. That the proprietors may appoint surveyors general, and other ofl5cers, for surveying, and recording of the surveys of land granted by and held of them. Sixth. That the proprietors of East-Jersey may hold three mar- kets in every week forever, on Tuesday, Thursday and Saturday, for 672 APPENDIX. for all manner of cattle, goods and merchandizes, at Perth-Amboy ; and four fairs in every year there, to begin the Monday in the months of and each fair to continue six days ; and that the proprietors of West-Jersey may hold the like number of markets in every week forever, on Monday, Wednesday and Friday, at Burlington, in West-Jersey ; and four fairs in every year there, to begin the Monday in the months of and each fair to continue six days. Seventh. ThatEastand West Jersey may beerected into one distinct government, and have one general assembly, for making laws for the good of both provinces, to sit alternatively, at Perth-Amboy in East-Jersey, and Burlington in West- Jersey ; and that such general assembly may be elected every year in the month of and may meet on the first Monday in October, and oftener if need be. Eighth. That the general assembly may consist of thirty-six representatives, to be chosen in manner following, viz. two by the inhabitants, housholders of the city or town of Perth-Amboy, in East-Jersey ; two by the inhabitants, housholders of the city or town of Burlington, in West- Jersey ; sixteen by the freeholders of East Jersey, and sixteen by the freeholders of West-Jersey ; but that no person shall be capable of being elected a representative by the said freeholders, or afterward of silting in general assembly, who shall not have one thousand acres of land, of an estate of freehold in his own right, within the province for which he shall be chosen ; and that no freeholder shall be capable of electing such representatives, who shall not have one hundred acres of land there in his own right of an estate of freehold ; and that this number of representatives shall not be enlarged or diminished, or the manner of electing them altered, otherwise than by act of general assembly, and the approba- tion of his majesty, his heirs and successors. Ninth. That the governor's council may consist of inhabitants of both provinces ; whereof an equal number to be chosen out of each province. Tenth. That all necessary officers, and courts for administration of justice, in cases criminal and civil, he established iq each pro- vince; and that one supreme court may be held for both prv^/inces, twice in every year, at Perth-Amboy in East-Jersey, and Burlington in West-Jersey, alternatively ; in which courts all writs of error from any other courts within these provinces, shall be brought and deter- mined ; and that this court may consist of the governor's council, and the three capital judges of each province, (except such of them who pronounced the first judgment, sentence or decree) or of any seven of them, whereof two of the council, and three judges, for the time being, shall be five ; and every member of the court, who shall be present, shall have an equal vote: saving that where the court shall be equally divided in their opinions, the eldest of the council shall have a decisive vote. Eleventh. That no appeal to the king may lie in personal actions, where the cause of action is of less value than two hundred pounds. Twelfth. That all protestauts may be exempt from all penal laws relating to religion ; and may be capable of being of the governor's council, and of holding any other publick office, though 'hey do not APPENDIX. 573 not conform to the discipline of the church of England, or scruple to take an oath ; and that an instruction be given to the governor, for procuring a law to pass in the general assembly, for substituting some proper declaration in the place of an oath. Thirteenth. That his majesty will be pleased to permit the pro- prietors to nominate the first governor. Fourteenth. That all such further privileges, franchises and liber- ties, as upon consideration, shall be found necessary to the good government and prosperity of the said provinces, and increasing the trade thereof, may be granted to the proprietors, August 12, 1701. Joseph Ormstok. Joseph Ormston, having procuration from Miles Forster and Edward Antill, Gilbert Molleson, Thomas Barker, Clement Plumstead, Thomas Cooper, William Dockwra, Walter Benthal, Edward Ritchier, Joseph Brooksbank, Daniel Coxe, jun. Thomas Lane, Paul Dominique, John Bridges, Michael Watte, Thomas Skinner, Thomas Hart. FINIS. ERRATA. Page 35, line 14, some copies, for was read were 40, /. 13, ditto r. masters right 65, /. 35, '". in the month called 87, /. 27, for disposed upon r. be disposed of 93, I. 28, dele had 100, I. 6, r. 1678 116, I. 29,/orHoarkiIl was legally?-, pas.sengers to it were properly 118, Z. 1, /or would r. could 136, i. 16, /or have r. had 145, Z. 8, /or 1754, r. 1755 166, 1. 21, dele twelve 196, in the note, r. see the act reciting 411, and 41?, iV the margin, for 1710, r. 1719 437, I. 12, for Haover r. Hanover 488, I. 9, for rank r. age 439, last line, for 427, February 20th, 1695-6, May 8th, 1696, August 8th, 1698, November 3d, 1698, On that date " The Grand Jury returns into court and presents * * Christo- pher Wetherill for scandalizing John Tatham, by calling him a Papist" (p. 158). A session of the court was held soon after in which it appears that " whereas, the grand jury presented Christopher Wetherill for scandalizing John Tatham ; and whereas, the said Christopher Wetherill appeared in court and submitted, and was discharged." John Tatham was not on the bench at that session, but he appeared before the court as counsel for Daniell England (p. 160). The action of the court at this session is worthy of note. It establishes the fact that Judge Tatham was a Catholic ; and it also shows that religious liberty was something real and practicai in West Jersey at that time, with William HI. on the English throne. A MEMBER OP THE GOVERNOB'S COUNCIL. In 1692 Andrew Hamilton returned to America, and became Governor of the Jerseys. After a time he solicited John Tatham to become a member of the Governor's Council, and he accepted. We have seen that he was a "Jacobite;" that is, an adherent of James II., and that he stood by him while there was any hope. 580 APPENDIX II. But all hope having been extinguished at the battle of La Hague, in 1692, John Tatham accepted the inevitable, and took the oath of civil allegiance to William III. He took part in the organization of Burlington township, and was present at its first meeting. It appears from the original records that on April 5th, 1694, '' the Freeholders and Inhabitants of Said Town being Convened and * * Did Choose & Elect John Tatham Recorder." Shortly afterwards some disorders •occurred in a liquor saloon on Sunday, that greatly disturbed the peace and quiet of Burlington, and the moral and law-abiding citizens thereof brought it to the notice of the town meeting. At its session of April 22d, 1695, the matter was considered, and disposed of by its reference to a committee of which John Tatham was chairman. His colleagues considered him a proper man to promote morality in the community, and to keep the liquor traffic within lawful bounds. (History •of Burlington and Mercer Counties, by Woodward & Hageman.) On May 20th, 1697, an "agreement was signed by Governor Hamilton and his Council and the members of the House of Representatives of West Jersey," in which they say that " whereas, there has been a horrid and detestable conspiracy, formed and carried on by Papists and other wicked and traitorous persons, for assassinating his Majesty's Royal person, in order to encourage an invasion from France on England, to subvert our religion, laws and liberty, &c." And "we do hereby further freely and unanimously oblige us to unite, associate and stand by each other in supporting and defending the succession to the crown." Soon after, another address, somewhat similar in wording, was signed, congratulating the Jving on his happy escape, &c. (N. J. Archives, Vol. II., pp. 145, 146.) John Tatham, in common with the other members of the Governor's Council, and the public men of West Jersey, signed those documents. They contain nothing but ^n expression of loyalty to the King in the civil order, and of abhorrence of the -crime of assassination. t"he plot that gave rise to the expressions of loyalty above proved to be a genuine plot. Let the reader note well who it was that frustrated it. The would- be assassins had landed in England, and had laid their plans so well that the life of King William was in imminent danger. Every detail had been agreed upon. The plot was revealed and frustrated by "a Roman Catholic gentleman of known courage and honor named Pendergrass." * * "My Lord," said he to Portland, "as you value King William's life, do not let him hunt to-morrow. He is the enemy of my religion, yet my religion constrains me to give him this caution. But the names of the conspira*or3 I am resolved to conceal. Some of them are my friends; one of them is especially my benefactor, and I will not betray them." (See Macauley's History of England, p. 598.) Pendergrass had been led to believe that the plan was to simply make a prisoner of William. At the trial of the conspirators, nothing was found upon them or elicited in evidence that would criminate James II. or anybody of note in church or state. The spectacle of a Catholic like Pendergrass coming forward voluntarily to APPENDIX II. 581 save the life of the King, and of John Tatham remaining true to his obliga^tions to the King, were acts well calculated to disarm their enemies of their hostility. I now approach the end of John Tatham's public life. "Att a Council held att Perth Amboy 30th of May Anno Domi 1698, were present Governor Basse and full Council. "The Governor administered an oath of Secrecie to John Tatham, Esqr., hee not being of the Councill of this Province, but of West Jersey, who was Accord- ingly Admitted to this board to Assist theiu with his Advice." (Minutes of the Governor and Council, p. 198.) "After the reading of the late proclamation, signed by Bellamount, Governor of New York, the 24th of May, 1698, the board were of opinion that Air. James Dundas should be sent for, to acquaint them of what he knew of any order lately come from England to Bellamount concerning our port, who accordingly came. "And it was agreed by this board that there should bee a Proclamation issued out, asserting the authority of our Port." (Ibid., p. 199.) The cause of so much anxiety arose from the fact that New York became jealous of Perth Amboy as a port of entry, and endeavored to have it closed. Governor Basse had but just succeeded Governor Hamilton, when this grave pub- lic question was forced upon him. He summoned the ablest men of New Jersey to his side, and seems to have placed a high estimate upon the advice of John Tatham, who was the only representative from West Jersey, where he was a mem- ber of Governor Basse's Council, as appears from the minutes of the Council. His last public service of which we have any record was performed in defence of New Jersey's rights, and to uphold her honor. HE NEVER TOOK THE OATH OF SUPREMACY. There is one thing about which I am certain, and that is, that John Tatham never took the oath of supremacy to William III. We have no record to let us know what oath he took when he entered upon the duties of Governor of the Jerseys, but we can show by later occurrences that he only took the oath of civil -allegiance. We have a positive record in the "Minutes of the Governor and Council" of the oaths taken by Governors Barclay, Hamilton and Basse when they assumed office. They all first subscribed to the oath of civil allegiance, and then to the oath of supremacy. Portions of their Councils did the same. The name of Governor Hamilton, and also several members of his Council, appear on the record before me, but the name of John Tatham is not there. It is true his name is not in the Council first chosen by Governor Hamilton, because he was selected later on, and it may be objected that because he was not among the first batch he might have been overlooked. But this objection entirely disappears when we approach the administration of •Governor Basse. John Tatham was among the few who turned out to publicly receive Governor Basse on his arrival in Burlington, as is recorded in the N. J. Archives. He was among the first Council of Governor Basse beyond doubt, as is 582 APPENDIX II. evident from the "Minutes of the Council" (p. 198), quoted elsewhere. The name of Governor Basse, and a few of his Council, are recorded as having taken the oath of supremacy. But John Tatham is not in the list. If he had taken the oath of suprerr.d,cy when he became Governor, he would also have taken it when called to Go- emor Hamilton's Council, and be so recorded. He would certainly be among tht sub- scribers to the oath of supremacy in Governor Basse's Council, if he took it. tils name does not appear as having taken any of the oaths. But neither do the names of other members of Governor's Councils who did not take the oath of supremacy. We have the case of Richard Hartshorne, a Quaker, I think, who objected to the oath of supremacy when selected upon Governor Basse's Council. He did not take it, yet he appears upon the list of the Governor's Council iu East Jersey at subsequent meetings. HIS DEATH. On July 15th, 1700, John Tatham made his last will and testament. In the opening clause he said: "I do give my soul to God, hoping for remission of my sins, through and on account of the pure merits and suffering of my glorious Lord and blessed Redeemer, and my body to the earth." Judging from the signa- ture to the original document, I believe that he also wrote the body of the will with his own hand. It would seem from this that the strong religious sentiments he expressed were the outpourings of a Christian heart, and not the mere form common to such documents. His death soon followed, for the will was admitted to probate July 26th, 1700. The inventory of his personal effects was made Sep- tember 27th, 1700. Among them was a silver-hilted rapier and belt. He has no doubt been a military man. It is something unusual to find swords mounted with the precious metals in actual service, and it is probable that he received it in recognition of deeds of bravery performed upon some bloody £eld. JOHN TATHAM'S library. His library was valued in bulk at £50. The total value of his goods and chattels was estimated at £3,765 18 3, an immense sum in those days. He made his wife, Elizabeth Tatham, his sole executor. No conditions were imposed ; no restrictions were placed upon her. This fact gives us a glimpse at his domestic life, and shows it to have been harmonious. She did not long survive him. Her will bears date October 15th, 1700. It was admitted to probate May 21st, 1701. The inventory of her own and her late husband's effects throw much light upon his character. Under the head of "Church Plate" are the following: "1 handle cup, 1 small plate, 1 box, £10 12; 1 small case, £12 6; 1 silver universal dial, 12s.; 1 silver grater, 6d.; 1 round armed silver Crucifix, 1 plate of St. Dominique, 1 small silver box with reliques, 1 wooden cross with image of Christ, £1 12." The title of every book in his library is given separately. I will quote a few of them from the original paper: " Pontifical Rome," Sir Thomas Moore's Works, APPENDIX II. 583 " Liturgy of ye Mass," " Faith Vindicated," " Theologia Naturali," " No Cross, No Crown," " Consideration of ye Council of Trent," " Necessity of the Churcli of God," " Bibli Vulgati," "A Survey of ye New Religion," " Cidroni's Philosophia," "The Following of Christ," "Theologia Moralis," "Office of ye Blessed Virgin Mary," in French, "A Mass of Pious Thoughts," "Ambrosia Officia," Thomas Moore's " Utopia," "History of Sir Thomas Moore," " Defence of Catholic Faith." There were 478 books, by actual count, in his library, mostly with Latin titles, some of the works comprising several volumes, making a total of about 500 volumes. They treat of church discipline, commentaries on the Scriptures, law, logic, theology, controversy, history, medicine, metaphysics, music, astronomy, surveying, biography, and kindred subjects. These show the owner to have been a man of education and culture, and strong religious tendencies. (See Burling- ton Wills, 1693-1703.) In order to give the reader some idea of how rare it was to find a library of 500 volumes in the Jerseys at that time, I will quote from an address of Hon. Charles D. Deshier, at the celebration of the Bi-Centennial of the first Legisla- ture of New Jersey, delivered at Trenton, March 1st, 1883. He says: "If their meaixs of inter-communication were few and rude, their means for moral and in- tellectual culture were fewer still. There were few churches and no school-liouses. There was no post-office and no newspaper. * * The publication of books and pamphlets in this country was not merely discouraged, but was prohibited, and even in England the publications were few and far between." What an intellectual centre John Tatham's house has been ! I feel safe in say- ing that he has had more books in his library than there were in ihe combined libraries of all the rest of the people of West Jersey put together. I have ex- amined the "inventories" of many of the Proprietors and settlers of West Jersey, and have good ground upon which to base such an opinion. He probably had the largest library in either East or West Jersey. JOHN tatham's house. Gabriel Thomas, in his " History of Burlington," published in 1698, says, after speaking of other things: "Besides the great and stately Palace of John Tatham, Esq., which is pleasantly situated on the North side of the Town, having a very fine and delightful Garden and Orchard adjoining it, wherein is variety of Fruits, Herbs, and Flowers, as Hoses, Tulips, July Flowers, Sun Flowers, Carnations, and many more." It will be interesting to trace the history of the beautiful property briefly described above. On October 17th, 1712, the "Society for the Promotion of the Gospel in Foreign Parts," an Episcopal organization whose headquarters were in London, purchased the "Great and Stately Palace" of John Tatham, for £600. The report of the Society for that year says that tlie property was to be known henceforth as "Burlington House." It was fitted up as a residence for the Kev. John Talbot, first rector of St. Mary's Episcopal Church, Burlington. He was afterward consecrated Bishop. "Burlington House" subsequently took fire 684 APPENDIX II. and was partially destroyed. It was refitted up as a residence for the Governor of New Jersey, but was allowed ultimately to fall into ruin and abandonment. (See Hill's History of the Church in Burlington, p. 15.) On July 23d, 1881, while some workmen were engaged in making an excavation in Tatham street, Burlington, to lay a water main, the foundation walls of the " Great and Stately Palace" were discovered. OVERLOOKED AS GOVERNOR. I have examined many books of reference that give lists of New Jersey's Gov- ernors, and find no mention of him. There is a blank between the administrations of Barclay and Hamilton. I have searched for several years for some sketch of him that would guide rne, but only found one of half a dozen sentences. He seems to have been entirely overlooked. His name is never mentioned. He is known to but a few investigators. This should not be so. Of his enterprise, his executive ability, his versatile talents and his integrity, we have ample proof in the fact that he was the agent and enjoyed the confidence of Governor Cox to the last. From his reports to Governor Cox we learn that he had a correct knowledge of the mineral resources of New Jersey, as will be apparent to anybody who examines our geological reports. He introduced and established many industries, including the potter's art. His public services were of the first order, both in Colonial and local aflfairs. A high public official under Cox, he succeeded Governor Barclay and governed both Provinces for a year during a turbulent period, owing to the rebellion of Jacob Leslier in New York. A judge of the court for many years, he administered Jersey justice with impar- tiality. He acted upon the Councils of Governors Hamilton and Basse, and seems to have risen above those factious disputes that at times almost paralyzed public affairs. Like Samuel Jennings, Thomas Olive and Thomas Revell, he enjoyed the confidence of the people when others were retired to private life. Closely identified with the establishment of religious liberty, his work forms the basis of our constitution and laws. Intellectually he was the peer of any of his cotemporaries. He propagated morality, temperance and respect for the Sabbath. From the days of Cartaret down to those of Leon Abbett, our present honored Executive, there is probably no State in the Union that possesses such a long and unbroken line of wise statesmen and patriots as New Jersey's Governors. John Tatham is well worthy to be placed where he belongs in that honored roll. The- liistorians and the press of New Jersey vdll see that it is done. His name has been brought forth from the obscurity in which it has remained for nearly two- hundred years, and will never again be forgotten. Trenton, July, 1890. INDEX. A. Abbott, Mordecai, 207. Adams, John, 79. AdderJy, Henry, 218. Akerman, David, 404, note. Alamitung, 473. Albany, 46, 400. Alberson, John, 207, Alberson, William, 201. Aldricks, Peter, 52, 75, 125. Alexander, James, 412, 436. Alexander, William, 492. Allen, Jedediah, 276, note. Allen, Joseph, 207. Allen, Fort, 447. Allen-Town, 491. Ambo, or Amboy, 489. Amboy, Perth, 483. America, First discoverers of, 1. Voyages of Columbus and Ves- pucci, 1 to 6, and notes. Voy- ages and discoveries of the Cabots, 6 to 8, and notes* Claim of English to dominion over North America, 7, and notes. Aboriginal inhabitants, 8 to 16. Queen Elizabeth's patent to Walter Raleigh, in 1584, 16. King James' patent, in 1606, to London and Plymouth Com- panies, 17. Forfeiture of Lon- don Company's grant,which in- cluded New Jersey, 18. Found- ing of Plymouth, 18. The Dutch and Swedish claim of dominion over New York and New Jersey, 19 to 21. Holland's patent to Dutch E. I. Company of New Netherlands, and their settlement of New York, 19. Useling's Swedish Company for settling in America, 21. Landing of Swedes at Cape Inlopen, 22. 585 Americus Vesputius, 1, note. Amerigo Vespucci, one of the dis- coverers of America, 1, note. Amsterdam, Classis of, 493 Ancosta, 12. Andalusia, 5. Andastaka, 136. Anderson, John, 402, note. Gov- ernor, 418. Anderson, William, 285. Andrews, Edmund, Governor of New York, 77. Occupies New Castle, 77. His deposition, 77, note. His proclamation con- firming land titles, 78. His authority to Quaker commis- sioners to treat with Indians for their lands, 193. His dis- pute with them and arrest of Governor Carteret, 68, note, 93, 94. Animals, wild and tame, of New Jersey, in 1765, 502 to 510. Ann, Fort, 317. Annapolis Eoyal, Capitulation of, 367. Anontaghata, 147, note. Antill, Edward, 215. Antrom, John, 109. Apewyet, or John Hudson, 449, 450. Appendix, 14 Nos., 512 to 573. No. 1. Concessions of Lords Proprietors, 512 to 521. No. 2. Concessions of Proprietors of West Jersey, 521 to 539. No. 3. Account of East Jersey and Proposals to Build Amboy, 539 to 546. No. 4. Governor Coxe's Narrative about Division Line, 546 to 550. No. 5. Council of Proprietors to Gov. Burnet, 537 to 554. No. 6. Eeasons for Modification of Division Line, 554, 555. No. 7. Action of 686 INDEX. Council of Proprietors, 556, 557. No. 8. Petition to the King about Basse and Hamil- ton, 558 to 560. No. 9. Me- morial of Proprietors asking Annexation of East Jersey to New York, 560 to 562. No"_ 10. Opinion of Lords Commission- ers of Trade about Annexation, 562, 563. No. 11. Eeply thereto by Proprietors, 564, 565. No. 12. Petition of Proprietors of New Jersey about Basse and Hamilton, 565, 566. No. 18. Kepresentation of Lords of Trade upon the Question of Surrender, 566 to 570. No. 14. Memorial of Proprietors of New Jersey in Favor of Sur- render, 570 to 573. Aquaywochtu, 471. Argole, Sir Samuel, 19. Aristotle, 9. Armstrong, John, 147, note. Arnold, Richard, 109. Arragon, 3. Arthur-Kill Sound, 499. Arwanmus, 98. Ashfield, Lewis, 449. Asia, 10. Askew, John, 219. Assembly of 1668, P. Carteret, Governor of New Jersey, and their names, 161. Assembly of 1681, Samuel Jen- nings, Governor, 126. Funda- mental articles of government adopted, 126 to 129. Passage of sundry laws, 129, 130. Com- missioners appointed for set- tling lands, and their names, 130 to 135. Assembly of 1682, Thomas Olive, Speaker, their names, 151. New election law for choosing members by districts, 151, 152. Election by Assembly of the Council and other officers, and their names, 152, and note. Legislation of the session, 152 to 154. Laws enacted at Elizabeth-Town, 161 to 166. Validity of government of "West Jersey affirmed, 163. As- sumption by Assembly of right to elect a governor, 164, note. Samuel Jennings continued in office, 164. Assembly of 1684, Thomas Olive, Governor and Speaker, 189. Conflicts concerning choice of Governor, ending in 1687, by appointment of Dr. Daniel Coxe, 190. His conditions of acceptance, 190 to 194, note. Passage of law against duelling and wearing weapons, 194, 195. Assembly of'1703, first general one of the whole Province after surrender, under Lord Corn- bury as Governor, 275. Thomas Gardiner, Speaker, and names of members, 276, and note. Assemblies, for proceedings of, from 1703 to 1709, and for L6rd Cornbury's administration, see Cornbury, 275 to 354. Asssembly of 1708, Tliomas Gor- don, Speaker, 348. Lord Corn- bury's speech asking for reve- nue for 21 years, 349. Address in reply, charging new griev- ances, 349 to 351. Displeasure of the Governor and dissolu- tion of ilie House, followed by his removal, 348. Assembly of 1709, John Kay, Speaker, and names of mem- bers, 355. and note. Pacifying speecli of the new Governor, Lord Lovelace, and Address Of the House, grateful for deliver- ance from the worst adminis- tration the province ever had, 355 to 357. Copy of Ingoldsby Address laid before the House, and signers summoned to pr(5ve their allegations, 357. Want of confidence in the Council, voted by the House, 358. Pas- sage of a ne\y law prescribing qualifications of electors and representatives, 358, note. Death of Lord Lovelace, and accession of Lt.-Gov. Ingolds- by, who lays before the House the design of the crown for an expedition against Canada, 359. Passage of bills for issu- ing Jii3000 in paper currency INDEX. 687 and to encourage volunteers, 359, 360. Character of the pa- per currency as legal tender, 360, note. Assembly of 1710, John Kay, Speaker, and names of mem- bers, 370, and note. Speech of the new Governor, Robert Hunter, and his advice to put an end to divisions, 370, 371. Address of the House, accept- ing his advice, 372, 373. Cor- dial agreement of House and Governor, but Council opposed to both, 373. Kejection by Council of land-titles bill and the enabling bills, in favor of the Quakers, 373, 374. The Ingoldsby Address voted by the House to be a " scandalous and false representation," 374, 375. Further voted that no signer of the same was fit to sit in the House without purg- ing himself, 375. Major Sand- ford, as one of its signers, ex- pelled because he refused to purge himself, 375. An ad- dress adopted justifying the course of Assembly of 1709 towards Lord Corn bury, and sent to the Queen, 375. Rep- resentation of the House, con- cerning the Ingoldsby Ad- dress to the Governor, and his endorsement thereof, 376 to 399. Removal of Councillors obnoxious to the House, 399. Assembly of 1711. Governor Hunter's speech, announcing what was required for the ex- pedition against Canada, 399. Bills passed voting £5000 in paper currency and for encour- aging volunteers, 399. Total failure of the expedition, 400, 401. Assembly of 1713. Gov. Hunter's congratulatory speech upon the changes in Council, 402, and note. Frequent and amicable conferences between the two Houses recommended, 402. Bills passed accepting an affir- mation instead of an oath, and enabling Quakers to hold any office of trust or profit, 403. Assembly of 17 1 6, a new one, with Daniel Coxe as Speaker, and their names, 404. Governor Hunter reiterates his purpose to use his power for the public good, 404, 405. Remonstrance of the House against sitting at Amboy, instead of Burlington, 405. Reply of the Governor that a session at Burlington was impracticable, 406. Only nine members appearing at the adjourned session, a quo- rum was compelled by the Governor, when John Kinsey was elected Speaker, 496. The Governor's speech condemning the course of the late Speaker and his party, and calling at- tention to the currency, 406, 407. The late Speaker and the absenting members expelled the House for contempt, 407, Address of the House con- demning the course of the ex- pelled members, and refusing them seats if re-elected, 408. Adjourned session at Cross- wicks fruitful in legislation, 409. Assembly of 1719, adjourned Bes- sion, at Perth Amboy. Gov- ernor's speech desiring in- crease of salaries, and recom- mending passage of bills for running division line between New York and New Jersey, and the appointment of an agent of the colony in London, 410, 411. Passage of an act to run the division line between New York and New Jersey, under which only the north partition point was fixed, 412. Passage of an act to run the division line between East and West Jersey, 412. Assembly of 1721, and their names, 414, note. They elect Dr. John Johnston, Speaker, and receive the speech of the new Governor, William Burnet, 414. He recommends increase 088 INDEX. of salaries of subordinate oflBcers, 415. A bill punishing the opponents of the doctrine of the Trinity rejected, 417. The Governor's salary fixed at £500 a year for five years, 417, 418. Assembly of 1727. Passage of an act declaring in force all ex- isting statutes in England con- cerning limitations of actions, real and personal, 419, 420. Assembly of 1728. Adoption of a resolution in favor of a sepa- rate government for New Jer- sey, 420. Petition of the As- sembly to the King in behalf of a separate Governor, 421 to 423. Assinske, 450. Assunpink, 135. Atkins, Sir Edward, 156, note. Atkins, Sir Robert, 156, note. Atkinson, James, 201. Augusfin, 84. Aurania, 45. Avalon, 20, note. Awahela, or James Davis, 474. Aylmer, Admiral, 367, note. Bailey, John, 62. Baker, John, 62. Baker, of Barbadoes, 159. Baltimore, Lord, 75. Barbary, 27, note. Barbice, 435. Barclay, John, his letter about East Jersey, 182 to 189. His treatment by the Council, 393, 424. Barclay, Robert, made Governor of East Jersey for life in 1683, 166. His commission, 166, note. Served till 1685, 167, note.. Bard, Peter, 414, note. Barker, Thomas, 156. Barnegat, 187. Barns, 109. Bartholomew, 3. Barton, Thomas, 201. Barwick, Francis, 109. Baskinridge, 492. Basnett, Richard, 109. Bass, Jeremiah, Secretary of West Jersey Society, 98. His claims to be Governor in 1701, 210. Allowed to practice law, 272, note. Bate, William, 201. Bates, Thomas, 392, Battersbv, Nicholas, 207. Batts, John, 103. Batuana, Isles of, 24, note. Beaks, 392. Behring's Land, 11, 14. Beinfield, Captain, 160. Belclier, Jonathan, Governor of New Jersey, 1747 to 1757, 418 Enlarged Princeton College, 490. Ben Israel, Menasseh, 9. Benkes, Jacob, 110, note. Bennet, Jo., 215. Bergen countv. Statistics of, in 1765, 493. Bergen Neck in 1682, 160. Bergen Point m 1682, 159. Bergen-Town in 1682, 160, 161. Berkely, Earl of, 219. Berkely, Lord Baron of Strat- ton, and one of the grantees of New Jersey, 60. Sale of his moiety to John Fen wick, in trust for Edward Byllinge, 89. Bernard, Francis, Governor of New Jersey from 1758 to 1760, 418. Negotiator of the Indian treaty of Easton, in 1758, 446 to 484. Berrie, John, 159. Berrien, John, 501. Berry, John, 68. Berytus, 425. Bethlehem, 435. Bibbv, Richard, 219. Bickiey, William, 431. Biddle, William, 95, note. Let- ter from Daniel Mills to him about West Jersey, 115, 116. Removed to West Jersey in 1681, 115, note. Biles, William, 109. Birds, Beasts and Fishes of New Jersev, 502 to 511. Black, William, 102. Blackall, John, 219. Blackford, Peter, 292. Blathwaite, William, 264. INDEX. 58» Block, Hans, 61. Boddington, James, 207. Boes, Nicholas, HO, note. Bolton, Duke of, 219. Bond, Kobert, 161. Bonnell, Joseph, 404, note. Booker John, 215. Borden, Joseph, 495. Borden, Samuel, 151. Borden town, 495. Boston, 400. Boude, Adlord, 96, note. Bound, John, 83. 1 Bround-Brook, 492. Boursen, John, 109. Bourten, John, 152, note. Bouts, Kichard, 219. Bown, Obadiah, 276, note. Bowne, Andrew, 471. Bowne, John, 158. Brackett, John, 161. Bracton, 20, note. Bradford, Earl of, 219. Bradford, William, 398. Braine, James, 156. Bramhall, Kichard, 207. Bramham, v. Brasill, 24, note. Breading, John, 354, Bridges, John, 207. Bridgetown, 495. Bridgman, Orl., 424. Brightwin, William, 109. Bristol, 7, 449. Brockholst, Henry, 404, note. Bromfield, Thomas, 207. Brooks, William, 207. Brooksbank, Joseph, 207. Brotherton, Indian settlement of, v., 483, 484. BrudAiell, Ja., 424. Bryan, Thomas, 284, note. Buache, De, 13, note. Budd, John, 109. Budd, Thomas, his efforts to put down sale of strong drinks to Indians, 100 102, note. En- dorses Cripps' account of West Jersey, 108 to 135. Bull, Kichard, 404, note. Bunting, Samuel, 109. Burlington, City of, founded un- der an English charter, 98. Divided by the main street between the Yorkshire and London companies, 98. First named New Beverly, then Bridlington, and then Burling- ton, 99. Settlers from England in 1678, names of, 109. Seat of justice and capital of the province, 493. Burlington county, Statistics of, in 1765, 496. Burlington, Earl of, 219. Burnet, Obadiah, 207. Burnet, William, Grovemor of New Jersey, 1720 to 1727, 413, 415, note. Burrow, Robert, 264, note. Burrow, Thomas, 346. Burtolf, 492. Bushroods, Thomas, 86, 87. Bustill, William, 355, note. Butcher, John, 109. Butcher, Samuel, 109. Butcher, Thomas, 201. Byerly, Thomas, 402, note. Byllinge, Edward, cestui que tiiist of Lord Berkeley's moiety of the province of New Jersey, 79. Part he took in dividing the province, 80 to 87. O. Cabot, John, 7, note. Cabot, Sebastian, his commission from Henry VII., 7, note. Dis- covers North America, 7, note. Claim of English to the country thus discovered, 7, 8. Loss of Cabot's map by fire, 7 note. Cabotia, 1, note. California, 11 to 15. Calvin, Samuel, 449, 456, 458. Calvert, Sir George, Lord Balti- more, 20, 21, note. Campbell, Lord Neil, Governor of West Jersey, 167, note. Campyne, Andrew, 160. Canaan, New, 28, note. Canada, First English expedition against, in 1709, 361. Instruc- tions of the Queen to Governor Lovelace in relation thereto, 361, note. The same to Colonel Vetch, full text of, 362 to 366. Steps taken by the Council to enlist the Indians, 302, note. 690 INDEX. Colonel Nicholson assigned to the command of the expedition, 362, note. Promise of a fleet from England, not fulfilled, 361, 366. Nicholson's trip to England witii four Indian Sa- chems, to hasten the naval pre- parations, 367. The Indians in London, and their receiUion, 366, 367. Departure of the fleet of 36 sail, with 4 regi- ments on board, from Boston, in September, 1710, and its arrival before Port Roval in six days, 367. Surrender of the fort, after a brief attack, on the 5th of October, 367. Terms of the capitulation, 308. Re- turn of the fleet to Boston, leaving a garrison at Port Royal, 368. Earl of Dart- month's letter to Governor Hunter, urging the conquest of Canada, full text of, 368, 369. Second English expedi- tion for the reduction of Can- ada arrives at Boston, under Admiral Walker, in summer of 1711, 400. Congress of Gov- ernors at New London, 400. Land forces to march against Montreal, under General Nich- olson, 400. The fleet of 68 vessels, with 6463 troops, ar- rives in the Bay of Gasp^e, in August, 401. Sailed in the night, in a fog, and went ashore on the Island of Eggs, losing 8 transports and 884 troops, 401. Council of war resolved not to proceed, and to advise General Nicholson's recall, 401. Sailed for England from Cape Bre- ton, on 14tli of September, and arrives at St. Helen's on 16th of October, 401. Blowing up of the Edgar, with the admi- ral's papers on board, 401. Canada, River of, 69. Canadani, 18. Canaries, Islands of, 3. Canson, Peter, 288, note. Cantwell, Captain, 77. Cape Breton, 401. Cape Cod, 59. Cape May, 485. Cape May county, Statistics of, in 1765, 498. Cape of Good Hope, 6. Cape Sable, 368. Capitinasses, 136. Caponockous, 95, 96, note. Caribbee Island, 1, note. Carlisle, Earl of, 18. Carre, Captain, 51, Carre, Sir Robert, commander of the English fleet to reduce the Dutch and Swedish colonies to Great Britain, 35 to 50. Cartelayne, Jacques, 159. Carteret, Captain James, 69, 70. Carteret, Philip, appointed Gov- ernor of New Jersey by Berke- ly and Sir George Carteret, 63, His powers of government, 63, 64. Purchases lands from the Indians, 63. Takes up his resi- dence, in 1665, in Elizabeth- Town, which he named after the wife of Sir George Carteret, 67. Publication of proprietors' concessions, and influx of pop- ulation, 67, 69. Governor Car- teret's commission disputed by Governor Andros, who carried him prisoner to New York, 68, note. Carteret's Point in 1682, 159. Carteret, Sir George, of Saltrum, in the county of Devon, grantee of New Jersey, with Lord Berkely, 61. Confirms and ex- plains concessions, with addi- tions, 61. Carthagenians, 9. Cartwriglit, Colonel George, 36 43. Castilian, 1, note. Castile, 3, note. Cathay, or China, 7, note. Cayugas, 453, 456. Cellarius, 8, note. Chafiin, John, 151. Ciiagknots, 456, Champness, Edward, 79. Chancellor, Mr., of the Ex- chequer, 219. Chapman, Joho, 196. Charing Cross, London, iv. Charles I., King of England, hi& INDEX. 691 protest against the extension of Dutch power in America in 1623, 20. Pruceedings of the Dutch colonists disavowed by Holland, and they agree to re- tire, 20, 21. Demand upon the King by Sweden to yield up dominion upon the Delaware, 23. Charles II., his grant to the Duke of York of North America, in- cluding New York and New Jersey, with powers of govern- ment, 35. His expedition, in 1664, to reduce the country out of the hands of the Dutch and place it in possession of the Duke, 35. Surrender of New Netherlands and New Sweden to the English, 35 to 52. Let- ters patent to the Duke of York, text of, 59, 60. King Charles' blessing of the Qua- ker colonists as they left the Thames, 93. Charles, or Mohamickwon, 95, 96, 484. Chester, 23, 496. Chew, Benjamin, 455. Chihohockies, or Delawares, 456. Chinese, 12 to 14. Chingerorus, 172. Chisapeack Bay, 25, note. Chonad, or Chunad, 13. Chonadi, 13. Christeen, 22. Chygoes, Island of, 93, 95. Clark, Benjamin, 404, note. Clarke, Thomas, 43. C'-^-ke, William, his letters about vV'est Jersey, 106. Clayboroe, 32, note. Clayton, Eegiment of, 99. Clayton, William, 99. Cleason, William, 55. Cleft, Samuel, 109. Clews, William, 404, note. CloBSweeksung, 408, note. Clinton, Governor of New York, 476. Coallins, 449. Coaquanock, Indian name of place where Philadelphia stands, 108, note. Cock, Lacy, 94. Cock, Peter, 51. Cockerill, 396. Cocks, Isaac, 207. Uodrington, Thomas, 158. Cohansick Creek, or Hopewell, 98, 498, and note. Golden, C, 58, note. Cole, Nicholas, 440. Cole, Samuel, 114, note. Coleman, Henry, 53. Colier, Joseph, 207. Collins, Francis, 109. Colon, Christophoro, 1. Colonists of West Jersey by the ship Griffith, names of, 79 ; by the ship Kent, names of, 93, 99 ; sufferings of, 99 ; by the ship Willing Mind and Flieboat MarthM; names of, 102, 103 ; by the ship Shield, names of, 109. by a ship from London, names of, 109, 110. Columbus, Christopher, first dis- coverer of America, 1. His character and personal appear- ance, 2, note. His first Yoyage, 3 to 5. Honors conferred upon him, 6, His death, 6, note. Colve, Anthony, 110, note. Comet of 1741, 417. Company, Dutch East India, un- der whose auspices Hendrick Hudson discovered Manhattan Island, 19. Under a patent from Holland, they settled New York, and called it New Amsterdam, 19. Company, London, empowered by King James to plant colo- nies from latitude 36 to 41, names of patentees of, 17. Failure of their first attempt, and forfeiture of the grant, 18. Company, Plymouth, empowered by King James to plant colo- nies from latitude 41 to 45, names of patentees of, 17. They found the town of Plymouth, in 1620, 18. Surrender of origi- nal grant, 18. Compass, Philip, 474. Comptroller, Mr., 219. Coningsmarke, 53, 54. Connecticut, or Fresh river, 59. Connecticut, Eegiment of, 367. 592 INDEX. Conoys, 456. Constable Hook, 493. Constitutions of government, or first concessions of rights, li- berties, privileges and immu- nities, by the Lords Proprietors of New Jersev, 10th February, 1664, 61, and"512 to 561, App. Confirmation of the original concessions, July 13th, 1674, with additions, by Sir George Carteret, 68, 76. Constitutions of government, and further concessions of privileges for promoting settlement of the country, by the proprietors of West Jersey, March 3d, 1676, 80, and 521 to 529, App. Queen Anne's confirmation of the Con- stitutions of New Jersey, in the Commission of Lord Cornbury and her instructions to him as Governor, and perpetuating and extending the privileges of the people, 220 to 261. Cook, William, letter of Mahlon Stacv to him about West Jer- sey, 113, 114. Cooper, Edward, letter of Daniel Wills to him about West Jer- sey, 115. Cooper, Joseph, 435. Cooper, Thomas, 156. Coreans, 14, note. Cornbury, Lord Viscount, Ed- ward Hyde, Governor of New Jersey, 220 to 230. His arrival in the province in 1703, 275. Publication of his Commission and beginning of his encroach- ments, 276. Assembly of 1703, their names and Speaker, 276. Their demand for parliament- ary privilege rejected, 376. His Speech, full text thereof, 277 to 279. All rights and privileges confirmed except right of gov- ernment, 277, 278. Address of Assembly, thanking him for his assurances, 279, 280. Pas- sage of an act regulating the purchase of lands from the In- dians, 280. Assembly of 1704, his Speech recommending the adoption of certain measures, 283. Dissolution of the Assem- bly, 283. A majority of the new one returned in the interest of the Governor, their names and Speaker, 283, 284. The Gov- ernor complimented by the new House, 283, 284. A Bill passed for raising £2000 a year to support the government, and also one to provide for the mi- litia, which was bard on the Quakers, 284. Rejection by the Governor of three members of the Assembly, on the ground of not being qualified, 284. They were afterwards admitted, when the object of their exclusion had been gained, 284. Council of Proprietors summoned by the Governor, to show cause for their existence, 285 to 288. The Assembly of 1707, the Governor in a minority, their names and Speaker, 288. On receipt of his Speech, the House went into Committee to con- sider grievances, 288. Passage of resolutions to be submitted to the Queen, and adoption of a remonstrance against the Gov- ernor's course, 288. Full text of remonstrance, 289 to 294. Eead to him in full House by Speaker Jenings, 295. Inter- ruptions by the Governor dur- ing the reading repelled by the Speaker, 295. Governor's opin- ion of the Speaker's boldness, 295. Governor's Answer read to the Assembly, full text of the, 296 to 311. Fauconier, the As- sembly and the Governor, 312. Kefusal of the Governor to re- ceive the Assembly's reply formally, 212. Refusal of the Assembly to vote supplies until the Governor should redress grievances, 312. Complaint of Lieut.-Gov. Ingoldsby and cer- tain of the Council against the Assembly sent to the Queen, 345. The address of the As- sembly of 1708, in the absence of Speaker Jenings, reiterated past grievances and charged INDE3;. 693 new ones, 348, 349. Dissolution followed, when the Governor himself was superseded, 348 to 351. Refusal of the Council to grant him warrants for mo- ney due him in the Province, and his arrest by his creditors in New York until he succeed- ed to the Earldom of Claren- don, 351, 352, note. His despot- ic rule, and the detestation in which he was held, 352, note. Cornelius, Cape, 22. Corsen, Captain, 158. Cosby, Governor from 1731 to 1736, 418. Council of Proprietors, their number, constitution and pro- ceedings, 199 to 207. Courtlandt, Stephen, 43. Cousea, James, 41 to 43. Couturier, Henry, 70. Coxe, Dr. Daniel, one of the largest Proprietors in West Jersey, Governor from 1684 to 1690, 190. His views of the government, 190 to 194, note. Speaker of the Assembly of 1716, 404. Expelled for con- tempt, 407. Coxe. Daniel, Jr., 423. Cranoury, 490. Crane, Jasper, 283, note. Crew, Sir Thomas, 156, note. Crips, John, his letters giving ac- count of West Jersey, 99, 103 to 108. Cripps, Nathaniel, 344. Croatan, Cape, 25, note. Croghan, George, 452 to 457. Crosswicks, where Assembly of 1716 met, 408 ; where Indian Council was held, 441. Cumberland county. Statistics of, in 1765, 497. Canad, in Hungary, 63. Canaduni, 13. Curtis, Robert, 207. Cashystunk, 436, 473. Czarian ambassador, 426. Czarevna and Czarina, 426. Dalbo, Woolla, 201. Dale, Sir Thomas, 25, note. Daniel, M., 29, note. Dartmouth, Earl of, 368. Davenish, Bernard, 151, 201. Davenport, Francis, 201. Davis, Straits of, 25, note. Davis, Nicholas, 158. Davis, James, 474, 481. Day, John, 109; Dayes, John, 201. Deacon, George, 95 to 97, note,103. Dechyer, John, 37. Decker, John de, 41, 42, 43. Decow, Isaac, 370, note. Delavel, Thomas, 39. Delaplairs, 158. Delaware bay, 58, note. Delaware, The Lord, 58, note. Delawares, 136, 452. Denn, John, 109. Dennis, Robert, 161. Denton, Daniel, 62. Detroit, 12, note. De Wit, 435. Dewsbury, John, 109 Disney's Regiment, 400. Dobbs, Governor of N. C, 11. Dobie, John, 197. Dockwra, William, Secretary of Council of Proprietors of West Jersey, 177, 263. Contriver of the London Penny Post, 263, note. His surrender of the sovereignty of East Jersey to the Queen, with reservation of all rights, 263, note. Dominique, Paul, 215. Dormer, Captain, 62, Dorset, Earl of, 219. Doughty, Jacob, 404, note. Douglass, 55. Drewet, Morgan, 99. Drummond, James, Earl of Perth, 489. Drummond, John, 156. Dudley, Governor, 401. Duffield, Benjamin, 109. Duke of New Castle, 499. Duke of York, James, 35, 60. Boundaries of the King's grant to him, 59, 60. The Duke's grant to Lord Berkely and Sir George Carteret of the Prov- ince of New Jersey, in 1664, 60. New grant of the same to 694 INDEX. them in 1674, 110. New grant by the Duke of West Jersey to the assigns of Lord Berkely, and of East Jersey to the grandson of Sir George, 111. Duke's Farm, 160. Duncan, George, 355, note. Dundass, James, 197. Dunk, William, 207. Dungwortli, Richard, 109. Dutch conquest of New York and New Jersey in 1673, 110, and note. Treaty of peace with Holland in 1674, restoring their Provinces to the English, 110, note. E. Earl, Marshal, 219. Earthquakes in 1726, 419; in 1732, 424; in 1739, 427; in 1755, 436 ; in 1763, 438. East Indies, 6. East Jersey, Accounts of, in 1682, by Secretary Nicolls, of New York, 157 to 166. Towns, plant- ations and population in that year, 161. Philip Carteret, Gov- ernor, till 16S1, 161. His sal- ary of £50 a year paid in coini- try produce, 181. Names of his Council and Assembly, 1668, and their wages, 161, and note. Sessions held chiefly at Eliza- beth-Town, 161. Abstract of laws passed in 1682, 161 to 163. Scotch settlers about Amboy and up the Raritan in 1683, 166. Robert Barclay appointed Gov- ernor for life by Proprietors, 166. His Commission, 166, 167, note. Thos. Rudyard, his dep- uty, 167. Disturbances in the Province in 1683, 175. Law against dueling and carrying weapons passed in 1686, 194, 195. Division line run in 1687 between tlie two Jerseys, 195, 196. Action of Governors Coxe and Barclay, in 1688, rectifying its course, 195, 198. East Jersey, Province of, its sale under the will of Sir George Carteret, who died in 1679, to pay his debts, 156. Names of his devisees in trust for the sale of his New Jersey planta- tions, 156, note. Sale effected by indenture of lease and re- lease, in February, 1681, to twelve purchasers, their heirs and assigns, 156. Their names and full text of their account of the country, and their pro- posals to build a town at Ambo Point, 156, and 539 to 546, App. A large immigration of the Scotch, 156. Tlie twelve Pro- prietors took eacli a partner, and they were called the Twen- ty-four Proprietors, to whom the Duke of York made a fresh grant of East Jersey, in 1682, 156, 157. Names of the Twelve Partners, 156. The Twenty-four Proprietors estab- lish a Council of one-third of their number, with power to manage the property, 157. Easton, the treaty of 1758 with the Indians, 455 to 483. Eaton, 420. Edridge. John, 80 to 85. Edsal, Samuel, 161. Edsal and Company, 158. Edward, Earl of Sandwich, 156, note. Egbay, 29, note. Egg-Harbor, Little, point of par- tition line between East and West Jersey, 187, 197. Egg- Harbor, Great, 496. Eggs, Island of, 401. Egotchowen, 453, 465, 466. Egypt, 10. Egyptians, 8, 9, 10. Eirs, William, 404, note. Eldridge, Jonathan, 109. Elizabeth, Queen, 16. Elliott, William. 86. Ellis, Thomas, 103. Ellis, Thomas, 109. Elizabeth-Town, named by Gov- ernor Philip Carteret, after Elizabeth, wife of Sir George Carteret, 67. Increase of sett- lers, 67. Plantations and popu- lation in 1682, 159. Elizabeth-Town, grant or pur- INDEX 695 chase of the lands on which the town stands, from the In- dians, in 1664, and names of the purchasers, 62. Elsingburgh, a fort on Delaware, built by the Swedes in 1631, 23. Keduced by the Dutch in 1665, 33. Elton, Anthony, 201. Emley, William, 98, 109. Enler, Leonard, 11. Entick's History of Discoveries of the Cabots, 7, note. Epicerini, 12. Eriwomeck, 27, note. Erwing, Nehemiah, 207. Eshakanata, 453. Esopus, 475, 476. Essex county. Statistics of, in 1765, 491, 492. Essiscunk, 69, note. Evans, L., 487, note. Evelin, Master Robert, his letter about New Albion, 28, 29, note. Evertse, Cornelius, 110, note. Eves, Thomas, 99. Eves, Thomas, 155, note. Faden, William, iii. His map of New Jersey in 1777, frontis- piece. Fairnsworth, Susannah, 109. Fairnsworth, Thomas, 99. Falconbre, Henric Jacobson, 94. Falconer, Gilbert, 519. Farmer, Thomas, 288, note. Farre, Charles, 163, note. Farre, Elias, 152, note. Fenwick, John, trustee for Ed- ward Byllinge and his assigns of Lord Berkely's moiety of New Jersey, in 1675, 79. He j)lants the town of Salem, 79. Differences between him and Byllinge adjusted by William Penn, who becomes trustee, with others, for Byllinge, 79, 89. Let- ter of Penn and others about West Jersey and Fenwick, 80 to 83. Instructions of Penn and his associates to the West Jer- sey Commissioners in relation to Fenwick's interest and the government, 83 to 87. Fenwick arrested by Governor Andros, and taken prisoner to New York, 94, note. Ferd, Abraham, 110, note. Ferdinand and Isabella, 3. Ferrers, Lord, 219. Ferryland, 20, note. Finnland, 22. Finns, 22. Fishkill, northernmost branch of Delaware, 412. Fitzrandolph, Thomas, 355, note. Five Nation chiefs, 480. Flanders, 400. Fleet for Canada, names of ves- sels, 367. Fletcher, Colonel, 318. Florence, 1. Florentine, 1, note. Florida, Cape, 7, note. Forbes, Arthur, his letter de- scribing West Jersey, 182 to 189. Forbes, General, 476. Ford, 191, note. Forks of Delaware, 451, 483. Forster, Miles, 431. Fortesque, 120, note. Foster, William, 449. Foulke, Thomas, 93. Fousang, 13, note. Fox, Joseph, 455. Franipton, William, 154. Franklin, William, Governor of New Jersey, 1763, 419. Frederiekson, Hermann, 55. Freehold, 62. Freelinghausen, Theodorus Ja- cobus, 492. French, Thomas, 201. Fretwell, Peter, 283. Fretwell, John, 109. Fundamentals of government adopted by West Jersey As- sembly in lt)81, 126 to 129. Furnace, Samuel, 109. a. Gacheos, 136. Gage, Thomas, 219. Galloway, Joseph, 455. Gardiner, Thomas, 95 to 97, notes, 135, 209. fi96 INDEX. Gardiner, Thomas, 401. Gardner, Thomas, 109. Gas[)6e, Bay of, 400. Gates, Sir Thomas, 17. Gaul, 11, Genoese, 3. George, Earl of Orkney, 413. George, King, 447. George, Lord Edward, 18. George, Prince, of Denmark, 219, 366. Germany, 435. Germantown, iii. Gibbons, Richard, 63, Gibson, William, 156. Gilbert, Raleigh, 17. Gilbert, Sir Humphrey, 7, note. G.la.stonbury, 20, note. Gloucester county. Statistics of, in 1765, 497. Godolphin, 219. Goforth, William, 102. Gosling, John, 164, note. Goulder, William, 63, note, Gookin, Governor of Pennsylva- nia, 69, 362, note. Gordon, Robert, 156. Gordon, Thomas, 391, Governors of New Jersey from 1720 to 1765, List of, 418, 419. Graham, Aug., 219. Great Britain, 400. Greeks, 9. Green, Richard, 109. Greenaway, Richard, 207. Greenfield, Sir Richard, 25, note. Greenland, 6, and note. Greenland, Natives of, 435. Grenville, Bernard, 156, note. Grieve, 15, note. Griffith, first English ship to the Delaware, 79. List of her pas- senger colonists, 79. Grimston, Joseph, 215. Groome's ship, 80. Groome, Samuel, Surveyor-Gen- eral of East Jersey, 171. His description of East Jersey, Amboy, the Rariton and Bar- negat, 172 to 175. Grotius, 6, note. Grover, James, 63, note, 161, Groves, Captain Edward, 39, Growdon, Lawrence, 455. Grubb, Henry, 109. Guanahani, 4, note. Guignes, De, 12 to 14, note, Gunston, John, 207. Gustavus Adolphus, 22. Guy, Richard, 81, 83, 87, 93. Habberfield, Edward, 207, Hacluit's voyages, 24, note. Hackluyt, Richard, 17. Hackensack, 159. Hackshaw, Robert, 207. Haerlem, 431. Hairlocker's plantation, 500. Half-Moon, Hendrick Hudson's ship, 9. Hague, 20. Hall, David, Hall, Thomas, 404, note. Hall, William, 276, note, 398, Haloraske, 25, note. Hamilton, 402, note. Governor ip 1736, 418, Hamilton, President of Council, Governor in 1746, 418. Hamond, William, 207, Hancock, Godfrey, 109. Handcock, Francis, 215. Hanham, Thomas, 17. Hannington, Samuel, 219. Hanover, ^37. Harding, Thomas, 99, 108. Hardy, Governor of New Jersey 418, 419, 476. Harlot's creek, 57, and note. Harrington, Henry, 207. Harrison, Edward, 207. Harrison, John, 276, note. Harrison, Richard, 102. Hart, Thomas, 156. Hartshorn e, Hugh, 156. Hartshorne, Richard, 63, note. Letter of Penn and instruc- tions to him as Commissioner of West Jersey, 80 to 87. Hassell, Richard, 215. Havannah, 24, note. Hawdon, Michael 215. Hayward, John, 156. Hayward, Nicholas, 207, Heath, Andrew, 98, note. Hebrews, 9, Hedge, Samuel, 79. Hedges, Sir Charles, 219. INDEX. 697 Helmes, Israel, 94. Helmsley, Joseph, 92, 98. Henlopen, Cape, 25, note. Henrietta, Maria, 20, 21, note. Henry VII. of England, his com- mission to the Cabots, 7, note. His claim of North America for the Crown, 7, note. Henry VIII., 25, note. Hercules' Pillars, 9. Herritage, Eichard, 201. Hewlings, Abraham and Wil- liam, 109. Hewlings, Jacob, 404, note. Hewling, David, 109. Heyres, John, 109. Hibes, William, 79. Hickory Grove, v. Hicks, Isaac, 412. Hide, Captain Hugh, commander of the fleet against the Dutch, 40. Higansetts, 59. Hill, Abraham, 264. Hill, Eegiment of, 400. Hirrse of Good Hope, 20. Hispaniola, 5. Hoarkills, or Hoernkill, or Horn- kill, or Lewistown, 22. Origin of the name, and alterations in the channel, 58. Invasion of, by a Maryland mob, 73. Let- ters of Governor Lovelace in relation thereto, 73 to 75. In- habitants allowed to levy a duty on strong drinks, 76. A custom's duty of 10 per cent, levied on imports and exports by Governor Lovelace, in 1669, 56,57. Description of the Hoar- kills by the Swedes, 57, 58. Ar- gument at length againt the import duty levied at the Hoar- kills, 117 to 124. Duty removed by the Duke of York, 117, Let- ter of Samuel Jenings in rela- tion thereto, 124, 125. Hobuck, 160. Holland, 19. Holland, Ferdinando, 215. Hollinshead, John, 109. Holm, Thomas Companius, 21, note. Holy Trinity, a Swedish fort on Delaware, 33. Hoogland, Christopher, 159. Hooper, Eobert Lettice, 417. Hooten, Thomas, his letter about Burlington, 102 Hore, Master, '25, note. Hornius, 6, note. Horsemann, Marmaduke, 103. Howden, Michael, 276, note. Huddy, Hugh, 398. Hude, Adam, 370, note. Hude, James, 449. Hudson, Hendricks, discoverer of Manhattan Island, 19, 2A, Hughes, Humphrey, 414, note. Hugg, John, 97, note, 424. Huggins, Eoger, 109. Hughes, John, 55. Hunns, 13. Hunter, Governor Eobert, 370 to 443. His Speeches to the As- sembly, 370, 399, 402, 407, 410. Hunterdon County, statistics in 1765, 498. Hutchinson, George, 116. Hutchinson, Lieut.-Gov. of Mass- achusetts, 368, note. Hutchinson, Thomas, 201. Imley, John, 446. Indians on Delaware, their desire to abolish the sale of strong liquors, 52. Eeports of Indian murders, 52. An Indian con- demned for rape, 54. Murder of Dutchmen by Indians on Maniticunk Island, 69. Meas- ures adopted for punishing the murderers and meeting a pos- sible war, 69, 70. Instructions to Carre about the government on Delaware, 71. Tragic death of one of the Indian murder- ers, 71. Indians in East Jersey, their title to the lands ptirchased by Gov- ernor Carteret, 63, 64. Bloody skirmishes between the Dutch and Indians, 64, 65. Story of a Dutch woman saved among tlie Indians, and from whom the Stout family of New Jersey de- scended, 65 to 67. Fifty white families and 500 Indians in East Jersey in 1669, 67. 698 INDEX. Indians in West Jersey, a tribe for nearly every ten or twenty miles, 135. Names of the tribes, their customs and reli- gion, 135 to 150. Ockanickon's selection of his successor as king, 148 to 150. Indians of the whole colony, Gov- ernor Bernard's treaties with the, 410 to 484. The Council of Crosswicks, 441. Acts of the As- sembly against selling strong liquors to tlie Indians, and forbidding their imprisonment for debt, 441. Money voted for purchasing a general release of Indian claims to lands, and for establishing a settlement for Indians south of tlie Kari- ton, 441, 442. Second Council at Crosswicks, and names of Commissioners, 442, and mote. Lists of the tracts claimed by the Indians, 443 to 445. Ke- lease of all their claims, 44(j. Treaty of 1758, and Council at Easton, 446 to 484. Governor Bernard's Message to the king of the Delawares, 446 to 449. Council at Burlington, names of Commissioners and proceed- ings of the, 449 to 455. Gen- eral Council at Easton, in Octo- ber, 1758, and proceedings of the, 455 to 484. Extinction of the remaining Indian titles to lands in New Jersey, the re- turn of the captives taken by the Minisinks and their allies, and peace with the Back Indi- ans the result of the treaty, 480. A force stationed on the frontier to guard against sur- prises, 484. Purchase of the Brother ton tract of 3000 acres, and removal of certain tribes thereto, 483, 484. Ingoldsby, Lt.- Governor under Lord Cornbury, 284. His Ad- dress to the Queen, and names of the Council who signed it with him, 345, 348. Their de- nunciation of the Assembly for the proceedings against Lord Cornbury, 346. Cause of the troubles charged upon Samuel Jeningsand Lewis Morris, 346,. 347. Reply of the House stig- matized as a false and mali- cious libel, 348. Copy of the- Address communicated to the Assembly by Governor Love-^ lace, who summoned the sign- ers to make good their allega- tions, 357, 358. Ingoldsby be- comes Governor on the death of Lord Lovelace, 359. His Speech to the Assembly about the expedition to Canada, and. his approval of Bills connected therewith, 359, 360. Inlopen, Cape, or Paradise Point, 22. Instructions,The Queen's, to Lord Cornbury, observations upon^ 261 to 274. Reservation of their conceded rights and pri- vileges kept in view by the terms of the surrender, 261. Nothing surrendered but the powers of government, 261. Draught of the instructions approved by the Proprietors in London beforehand, 262, 263. Recapitulation of their re- served rights, and their pei'- petuation by the Crown, 266. Jamaica, 24, note, 428. James, Earl of Perth, 56. James, Fort, 62, 75. James, King of England, his patent to the London and Ply- mouth companies, 17. Japan, 11. Jarrat, Allane, 412. Jecah's creek, 498. Jenings, Henry, 99. Jenings, Samuel, his arrival with his family in West Jersey, in 1680, 124, note. His letter to Penn about the Hoarkills cus- toms, 124, 125. Is made Dep- uty-Governor, in 1680, by Byl- linge, 126. His first Assembly, in 1681, adopts Fundamentals of government, 126 to 129. Is elected by the Assembly of INDEX. 6i^9 1683,Governor, 164, note. Their pledges to govern according to the concessions and the laws, 164, i.ote. His salary for 1683, the right to take up 600 acres of land, 164, note. Speaker of the Assembly of 1707, and his opposition to Lord Cornbury, 295. His undaunted bearing while reading the remonstrance of the Assembly to the Govern- or, 295. The rude interruptions of the Governor firmly but calmly repulsed, 295. The Governor's opinion of his bold- ness, 295, note. A member of the Society of Friends, and one of their approved ministers, 352. His character as a man and a statesman, and his ab- horrence of oppression, 352, 353. Jenkins, Nathaniel, 414, note. Jerusalem, 425. Jesso, 13, note. John, Earl of Bath, 156, note. Johnson, Richard, 288, note. Johnson, Andrew, 438, 449, 457. Johnston, David, 391. Johnston, Dr. John, 373,414, 424. Johnston, John, 412. Johnston, Sir William, 464. Johnstone, John, 215. Jones, Ebenezer, 215. Joyce, Henry, 404, note. Jurin, John, 207. Justinian, 8, note. Kaighn, John, 354. Kain, Regiment of, 400. Kamtschatka, 10, 15. Kay, John, 201. Keith, George, 195, 196, 374, note. Kemble, Peter, 449. Kempfei^s chart, 13, note. Kent, second ship from London to West Jersey, 93. Kent, Thomas, 109. Kent Isle, 31, note. Kirby, Thomas, 109. Kieft, 23. Kiersted, Sarah, 159. Kimbequin, 59, 212. King, Colonel, 400. King, Thomas, 457. Kingsbury, 496. Kingsland, 159. Kinsey, John, 93, note. His son, 406, 420. His grandson, 103. Kirk, Regiment of, 400. Kirkbride, Jane, v. Kirkbride, Joseph, v., 412. L'Accadia, 368. Ladd, John, 110. Lamb, John, 207. Lambert, John, 109. Lambert, Thomas, 109. Lambert, 420. Lamiquas, 135, note. Lane, Sir Ralph, 25, note. Lane, Sir Thomas, Governor in 1698, 167, note. Draught of Lord Cornbury's instructions submitted to and approved by him, 262. Lardner, Lynford, 455. Latins, 9. Lawrie, Gawen, co-trustee of Byllinge's interest in West Jersey, 79, 152. His Instruc- tions to West Jersey Commis- sioners, 80 to 88. Deputy-Gov- ernor, 176. His letter describ- ing Amboy and East Jersey, 175 to 189. Lawrence, William, 159. Lawrence, Elisha, 388. Lawrence, John, 283, note. Leedelvandergrift, Paul, 37. Leeds, Daniel, 392. Leeds, Duke of, 219. Learning, A., and Spicer, J., 87, note. Leon, 6. Leonard, John, 441, note. Leonard, Samuel, 231. Le Page du Pratz, 15, note. Levy, Benjamin, 215. Lewis, Thomas, 70. Lewis-Town, 58. Ley, William, 103. Leyden, 425. Levdeners, 62, note. Litfland, 22. Linch, Dennis, 395. 600 INDEX. Lindstrom, Peter, 22. Line of Division between East and West Jersey, fixed in 1688, 196 to 199. Proceedings in re- lation thereto, 546 to 557, App. Lippincott, Restore, 276, note. Lisbon, 2. Loeyden, or Ploeyden, 21. Logan, William, 455. Lombardy, 27, note. London Bridge, v. London and Yorkshire Compa- nies, 92, 98. Longfield, Cornelius, 370, note. Long Island, 59. Lord Chamberlain, 219. Lord Chief Justice, 219. Lord Great Chamberlain, 219. Lord High Admiral, 219. Lord Keeper, 219. Lords of Trade, Reports of, 261 to 264, 423, 566 to 570, App. Lord President, 219. Lord Steward, 219. Love, John, 207. Lovelace, Colonel, 52. Lovelace, Francis, Governor, 1667 to 1673, 55, and note. His petty court at the Hoar- kills in 1669, 55, 56. His Ex- traordinary Council at New York in 1671, 69 to 72. His Iptters to the Governor of Maryland and Captain Carre, 73 to 75. Lovelace, John, Lord, Baron of Hurley, appointed Governor to succeed Lord Cornbury, in 1708, 355, Meets two Assem- blies, in 1709, and dies, 355 to 359. Lovett, Samuel, 99. Lucas, Nicholas, co- trustee of Byllinge's interest in West Jer- sey, 79. His Instructions to West Jersey Commissioners, 80 to 88. Lucock, Stephen, 198. Lufever, Hippolite, 79. Luke, Nathaniel, 103. Lyell, David, 215. Lynam, John, 102. M. Mackelson, Enoch, 288, note. Magellan, 14, note. Mahahensink, 453. Mahamickwon, 96, note. Mahometan, 4, note. Maidenhead People, 395. Manchester, Earl of, 219. Manhatans, or Manhatoes, 38 to- 46. Manning, John, 110, note. Mantas, 136. Maquaas, 136, and note. Mark Newby's Coppers, 153. Marlborough, Earl of, 219. Marlow, Captain Gregory, of ship Kent, 93. Marriott, Isaac, 151. Marsh, Joseph, 370, note. Marshall, 99. Martha, Flieboat, with 114 colo- nists, 102. Their names, in part, 102. Martin's Vineyard, 212. Maryland, 7, 17. Mason, John, 276, note. Mason, Thomas, 414, note. Massachusetts Bay, 367. Matlock, John, 79. Matson Slander, 55. Mathews, Thomas, 109. Matinicunk, Island of, scene of an Indian murder, 69. Con- firmed to Burlington for schoor purposes, 69, note. Mattowacks, 59. Mawhickons, 456. Mayo, Richard, 207. Mead, 167. Meadows, Ph., 264. Megalopensis, Dr. Samuel, 37, 43i Megalopensis, Rev. John, 37. Meteorite, 439. Mevericke, Samuel, 36, 50. Mew, Richard, 156. Meyers, William, 201. Mexico, 13, note. Michel, Francis, 207. Mickel, John, 414, note. Mickelthwaite, Joseph, 215. Middlesex County, Statistics of, in 1765, 489, 490. Middleton, Hugh, 387. Middletown in 1669 and 1682,. 62, 158. Mifflin, 455. Miles, George, 102. INDEX. 601 Miller, Elizabeth, 215. Millstone, 158. Mingo, 135. Mingo language, 480. Mingoians, 449 to 452. Minnisink, 446 to 483. Minshall, Francis, 205. Mitchell, Charles, 207. Mitchell, Eobert, 207. Mohawks, 456. Mohican. 435. MoUison', Gilbert, 207. Molloy, 8, note. Mompesson, Roger, 398. Moncacht-Ape, 15, note. Monmouth County, Statistics of, in 1765, 4S9. Montgoraerie, John, Governor, 1727 to 1731, 418. Montour, Henry, 456. Montreal, 401. Moravians, 435. Morgan, Charles, 404, note. Morris, Anthony, 109. Morris County, Statistics of, in 1765, 499. _ Morris, Lewis, his Iron Works at Shrewsbury, in 1682, 158. An incident at Middletown, 175, note. His activity in be- half of privilege, and the part he bore in the warfare against Corn bury, 295, note. Arraigned by Cornbury as the promoter of the complaints against him, 302, 306. Defended by the As- sembly of 1710 from the charges of the Ingoldsby Address, 384 to 387. Author of the Com- plaint against Lord Cornbury, and the bearer of it to the Queen, 428. Judge of the Su- preme Court in 1692, 428. Named as first Governor after the Surrender, but was made to give way to Cornbury, the Queen's cousin, 428. Chief Justice of New York for sev- eral years, 429. Several times stispended from the Council by Cornbury, but as often restored by the Queen, 429. The first separate Governor of New Jer- sey, from 1738 to 1746, 429. His life and character his ad- ministrative capacity and con- troversial habits, his intense patriotism and unquestioned honesty, 428, 429. The pre- amble to his will, and his views of death and the future life, 430 to 434. Morris, Mary, 431. Morris, Robert Hunter, Chief Justice of New Jersey and Lt.-Governor of Pennsylvania, 488. Morris, William, 288, note. Morrisania, 434. Morris river, 98, note. Morris-Town, 499. Morton's Memorial, 61, note. Mott, Gershom, 388. Mott, Price G., 355, note. Mount Desert, 25, note. Mount Holly, 495. Munsey Indians, 136, 466 to 483. Murfin, Robert, 109. Musconetcung, 499. Musgrave, Lord, 18. Musketoeburgh, 23, N. Naijack, 39. Naijackly, 37. Nanticokes, 456. Nantucket, 212. Naraticongs, 136. Narrohigansetts, 212. Nassau, Fort, 20. Navesink, 491. Needham, Robert, 39. Nehemiah, 319. Nelson, Benjamin, 215. Neshamines, 136. Neteeway, Jonah, 207. Nevill, James, 102. New Albion, 32. New Amsterdam, founded by the Dutch in 1623, 20. Dutch ex- pedition against the Swedes on Delaware, from New Amster- dam, in 1655, 33. Swedish prisoners carried to New Am- sterdam, 34. Arrival of Eng- lish expedition in the harbor, in 1664, 36. AVarning of its coming, 36, note. The Dutch Governor, Peter Stuyvesant, 602 INDEX. his letter of inquiry to the fleet, 37, 38. Answer of Colonel Nicolls, demanding surrender of the fort and the town, 38, 39. Governor Stuyvesant's re- ply, refusing to comply, 39, 40. Order to Captain Hide to re- duce the place, 40. Request of Governor Stuy vesant for a par- ley, 41. Eequest granted on condition of surrender, 42. Commissioners appointed on both sides, and a Treaty of Sur- render signed and confirmed, 43 to 46. Formal surrender of the town and fort of' New Am- sterdam, 46. With the fall of New Amsterdam, all the Dutch possessions passed into the hands of the English, 50. Newark in 1669, 62, 67, 159. Newbold, Godfrey, 109. Newbold, John, i09. New Brunswick, 49. Newby, Mark, 151. New Canary, first name of New Jersey, 35, note. New Castle, or New Amstel, Ca- pitulation and surrender of, to the English, in 1664, 49. Arti- cles of Surrender and a Pro- visional Government, 49 to 52. Incorporation of the town in 1672, under English laws, 72. The authorities empowered to levy a duty on strong liquors, 76. The fort taken possession of by Governor Andros in 1674, and a Government instituted for the Delaware settlements, 77, 79. New England, 16. Newfoundland, 6, 7, 20 and 25, notes. New France, 25, note, 188. New Gottemburgh, 34. New Hampshire, 367, 400. New Hanover, 496. New Jersey, or Nova Csesaria, Province of, its boundaries un- der King Charles II., first grant, 59, 60. Terms of the grant, 60. First constitutions for its government, conceded by the Lords Proprietors, Feb- ruary, 1664, 61, 512 to 521, App. Confirmed and explain- ed by Sir George Carteret, in July, 1674, then sole Proprie- tor of the Eiistern Division, with additions, 61, 76. Philip Carteret appointed Governor by the Lords Proprietors, in 1665, 67. His residence at Elizabeth-Town, 67. Invasion and conquest of the Dutch in 1673, and a stop put to the English government in New Jersey, 68, 110, note. Peace of 1673, restoring the status quo, 68, 110, note. Disturbances and variances among the set- tlers from 1665 to 1673, 68. Conflict between Elizabeth- Town purchasers and the Pro- prietors, 68. John Berry, Dep- uty-Governor in the absence of GoTernor Carteret in Eng- land, in 1673, 69. Governor Carteret's return, in 1674, with a new Commission, which he held till his death, in 1682, 69. Instructions of Sir George Car- teret, in 1674, prescribing the quantity of land which settlers may take up, 76. Governor Andros disputes Governor Car- teret's title, and carries him prisoner to New York in 1680, 68, note. Governor Carteret's publication of his new Com- mission, and its beneficial ef- fect, 68. In Governor Carter- et's time, Elizabeth-Town the capital of the Province, 69. Sale of Lord Berkely's moiety of the Province, in 1675, to John Fenwick, in trust for Ed- ward Byllinge and his assigns, 79. Division of the Province into East and West Jersey, in July, 1676, line of the, 80. Concessions of 1676 for a form of government for West Jer- sey, by the new Proprietors, 81, 521 to 539, App. Appointment of Commissioners to set up a form of government under the Concessions and Instructions, and their names, 80 to 87. INDEX Differences between the trustee rand creditors of Byllinge ad- justed by William Penn, who, -with others, takes the place of Fenwick, 79. William Penn's Epistle General, explaining the position of West Jersey and the rights of the present Pro- prietors, 78 to 91. Partition of the lands of West Jersey ac- quired from the Indians, into a hundred equal parts, 85. Com- missioners appointed by the London and Yorkshire Com- panies in 1677, with power to acquire lands and administer the government, the names of, 92. 93. Most of the Proprietors in these Companies Quakers, 93. Dispute of the Commis- sioners with Governor Andros, 94. Some account of their pur- chases and progress in estab- lishing settlements, with their opinions of the country from 1677 to 1680, 95 to 125, and notes. Inauguration of the first government of West Jersey, under the Proprietors, in No- vember, 1681, 126 to 129. New Jersey in 1765, its bound- aries, acreage, character of its soil, population, and a table •of the wealth of the counties, 488, 489. Description of the thirteen counties, 489 to 500. The judicial system, 500. Mode of appeal to the King in Coun- cil, 501. Animals, 503 to 509. New London, 400. New Netherlands, settled by the Dutch in 1614, and compelled to submit to the English, 19. They throw off their allegiance in 1623, 20. Protest of King Charles II. against their pro- ceedings, 20, 21. They offer to retire from their settlements, 21. Surrender of the govern- ment of New Netherlands to the English, in 1664, 36 to 46. New Scotland, 59. New Swedeland stream, 22. New York, Province of, covered by Patent of King James, in 1606, 16. Claim of the Dutch to this Province, under Hen- drick Hudson's discovery, in 1609, of Manhattan Island, and their settlement of it, 19. Settlement of the Province of New York, under a Patent from Holland, and under the name of New Netherlands, 19. Their claim disputed by Gov- ernor Argole, of Virginia, who compels their submission to England, 19. First bounds of the Province of New York, in 1664, 34. Limits reduced by the grant of Nova Csesaria, or New Jersey, to Berkely and Carteret, 35. Its reduction by the English, in 1664, 35 to 52. Its re-conquest, with New Jer- sey, by the Dutch, in 1673, and its restoration, in 1676, to Eng- land, 110, note. Nichas, 466. Nichols, Samuel, 79. Nicholson, Colonel Francis, an officer in the English Canada expeditions, 359 to 362, note, 400. Nicolls, Colonel Richard, com- mander of the land forces against New Amsterdam, 36, 38 to 46. Nimham, 400. Noaman, 32. Noble, 98. Noble, Eichard, 79. Norris, Isaac, 455. North America, 7, note. Norton, John, 207. Nositer, Thomas, 99. Nova Csesaria, 60. Nova Scotia, 368. Nowalkeeka, 474. Odas, Samuel, 103. Ogden, John, Sr., 161. Ogden, Josiah, 404, note. Ohio Indians, 461. Oldale, Samuel, 201. Old man's creek, 94. Oldmixon, 263, note. Old Spain, 6. 604 INDEX Olive, Thomas, 92, 209. Onondagas, 456. Onas, 482. Oneidas, 435. Opings, 479. Orange, Fort, 20, 46. Ordnt, Major, 478. Ormond, Duke of, 367, note. Ormston, 322. Ormston, Charles, 215. Oswego, 494. Otsaningo, 465. Oitowopass, 449 to 453. Overprook creek, 159. Oxestiern, 23. Oxley, William, 103. Paise, Joseph, 207. Palmer, John, 158. Pales, 3, 5. Pamphlet about English posses- sions in North America in 1648, Extracts from, 24 to 32, note. Pancoast, John, 152, note. Paoqualin, 473. Papegoia, John, 27. Pardon, William, 161. Parker, Elisha, 399. Parker, James, v. Parker, William, 17. Parks, George, 109. Partridge, Richard, 423. Passaic Falls, 493. Paunceford, Edward, 207. Paunceford, Tracy, 207. Pawtomeck, 27, note. Payne, John, 109. Peachy, William, 99, 108. Perth- Amboy, 157. Pelham, 7, 424. Pemaquid, 212. Penford, John, 92. Penn, William, trustee for Byl- linge, 79 to 89. His letter and Instructions to West Jersey Commissioners, 80 to 87. His Epistle General about West Jersey, 88 to 91. His opinion about the aborigines of Ameri- ca, 9, note. Becomes one of the Twelve Proprietors of East Jersey, 156. Pennsylvania, Province of, 17, 22. Pennton, William, 99. Pequaneck, 498. Perizonius, 8, note. Perkins, William, 99. Peters, 453 to 455. Petersburg, 11. Petty, John, 109. Pharo, James, 109. Phenicia, 9. Philadelphia, 426. Phips, Sir William, 368. Phipps, Thomas, 207. Phoenicians, 8, 9, 10. Pierson, Tliomas, 92. Pierce, Daniel, 161. Pietersz, David, 22. Pin horn, 159. Pinhorne,William, 369, note, 391, 395, 398, 402, note. Piscataway, 158, 490. Placentia, 401. Plato. 8. Pledger, John, 79, Ploeyden, Sir Edmond, 24. Gov- ernor of New Albion, 27 to 33, note. Plumsted, Clement, 156. Plvmouth, 17, 18. Pollexen, John, 264, Pomptons, 136. Popham, George, 17. Popple, William, 262. Portugal, 1, note, 3. Porto-Rico, 24, note. Port-Royal, 388. Potts, Thomas, 109. Powell's Map, 29, note. Powell, Robert, 99. Preface, Author's,, xi. to xiv. Preface, Publisher's, iii., iv. Price, Daniel, 288, note. Princeton, 490. Printz, John, 22, 25. Prieger, Martin, 55, 56. Prior, Mat., 264. Proprietors of West Jersey, Coun- cil of, Minutes of Proceedings of the, 95 to 98, note. Province of New Jersey, Geo- graphical description of, 485 to 488. Provost, William, 414, note. Pumphrey, William, 109. Pumpshire, 449. INDEX. Punctwon, John, 43. Purchas, Master, 2, note, 24, note. Purchases from Indians, 94 to 97, 95, note. Q. Quakers, Persecutions of the, 377. Laws for their relief, 403. Quarry, Robert, 231, note, 380. Quatulia, 12. Queen Anne, 219. Quivera, 12. Quivin, 14, note. R. Eacoon creek, 93. Radnor, Earl of, 219. Rahway, 490. Rambo, Peter, 94. Rambo, John, 201. Ranelagh, Earl of, 219. Rankokas, 95, note, 135. Raper, Thomas, 109. Rariton river, 158. Rattlesnakes, 503 to 510, and notes. Eawleigh, Sir Walter, 16. Rawley's Isle, 25, note. Read, Charles, 109, 449, 455, 457, 464, 465. Reading, John, 95 to 97, note, 402, note. Governor of New Jersey, 4l8. Redford, Andrew, 414, note. Reed, Charles, 109. Reed, John, 197, 874. Reeves, Mark, 151. Reid, John, 276. Reland, 11. Remonstrance of grievances against Lord Cornbury, by the Assembly of 1707, Full text of, 289 to 294. His long absences from the colony, and his neg- lect to execute capital sen- tences, 289, 290. His obliging persons liable to indictment to pay court fees, and compelling probate of wills at Burlington only, 290. His keeping the Secretary's office at Burling- ton only, and granting a monop- oly for carting goods, 290, 291. His establishment of fees, con- trary to law, and placing the public record in the hands of Peter Sonmans, a non-resident, 291. His failure to protect the people in their rights and liber- ties generally, and his prohib- iting the Proprietors' agents from selling their lands with- out his consent, 292. His as- sumption of power to judge of the qualifications of members of the Assembly, and refusal to swear in members daly elected, 292. His acceptances of bribes, and other notoriously corrupt practices, 293, 294. Reply, or Answer, of Lord Corn- bury to the Remonstrance, Full text of, 296 to 311. Complaint of absences frivolous, because he was accessible, and the Lt.-Governor could act, 296. Malice and revenge in the trial sufficient cause for suspend- ing execution of sentence of death in the cases complained of, 297. Payment of court fees by persons liable to indictment, according to the English prac- tice, 298. Office of probate of wills not at Burlington only, but wherever the Governor is, whether in or out of the Pro- vince, 299. There's only one Secretary of the Province, and his residence is at Burlington, but he is as much at Amboy as possible, 300. The license for cartage not a monopoly', but a legal regulation of the prices of transportation by the public wagon, 301, 302. The fixing of the free list in strict conformity with the Queen's commands, and regularly reported to the Lords of Trade, 303. Peter Son- mans is the constituted agent of the Proprietors, and is a res- ident of the colony, 303, 304. The Agents of the Proprietors forbidden to sell lands because they have not taken the oath of office, 306. Exclusion of the members from the Assembly eo6 INDEX not the act of the Governor, but of the Assembly itself, that refused to report upon their qualifications, 307. Denial of the charge of accepting bribes for the dissolution of the As- sembly, that was dissolved be- cause it had been corruptly chosen, and had refused to provide for the support of gov- ernment, 308. Denial of ap- pointments to office of corrupt and mercenary men, though many such had been recom- mended to him by Lewis Mor- ris, 309. He charges the As- sembly wi,th corrupt and ille- gal practices and violence, and arraigns Samuel Jenings and Lewis Morris as disturbers of the peace aqd the cause of the course of the Assembly, 305 to 3n. Keply of the Assembly of 1707 to Lord Cornbury's Answer to their Remonstrance, Full text of, 312 to 336. Appeal to the Queen for the redress of their frievances not despaired of, 13. His absences from the colony, and the refusal of the Lt.-Governor to act for him, insisted on as serious griev- ances, 314. His excuse for not executing the death sentences in the cases complained of not tenable in the light of the facts, 314. Objection of the As- sembly to the payment of court fees by persons liable to indict- ment based on tine injustice of •the custom, without reference to the English practice, 317, 318. If tlie Surrogate's office travels with the Governor, it is a great grievance to be com- pelled to travel after it, and, besides, there's no authority to do any act of government out- side of the colony, 317, 318. No infringement of royal preroga- tive to establish Surrogates' -offices in the various counties, 318, Secretary's office should be open alternately at Burling- ton and Amboy, 309. The wagon license is not only a monopoly, but it is against the statute of James, 319, 320. Es- tablishment of fees by any other authority than the Assembly's contrary to the Queen's Instruc- tions, 321. Sonmans is nothing but a pretended agent of the Proprietors, has given no secu- rity and is a non-resident, 324, 325. The Council of Proprie- tors, as agents for the sale of their lands, not required by the Queen's Instructions to take an oath of office, 326. The Assem- bly alone is judge of the q^iali- fications of its members, 326 to 331. Charge of the Governor's acceptance of a bribe of £200 to dissolve the Assembly reit- erated, with particulars, 332. Many other acts of cruelty and oppression by the Governor in- dicated, 333. Denial of the charges of corruption and vio- lence made by the Governor against the Assembly, 334 to 336. Representation of the Assembly of 1710 to Governor Hunter, concerning the Ingoldsby Ad- dress, Full text of the, 3*76 to 399. Review of Cornbury's ad- ministration, 376 to 378. The Ingoldsby Address not an offi- cial act of the Council, 379 to 382. Absurdity of the charge of libel against the Remonstrance and the Reply, 383, 384. De- fence of Mr. Morris and Mr. Jenings from the charges of disloyalty and sedition, 384 to 387. Hostility of Ingoldsby and his party to the Canada expe- ditions, 387 to 389. Reasons for the removal of Peter Sotimans from the Council, 389, 390. In- stances of judicial wrongs and malpractices, 390 to 392. Per- secutions of the Quakers, dnd denial of their rights and lib- erties, 392, 393. Arbitrary con- duct of the Council towards Mr. Barclay, 393, 394. Ar- INDEX 60T raignment of the Council for their oppressions, 394, 395. Loss of the original laws in Lovelace's time, 396 to 398. Demand for the removal of obnoxious Councillors, 395. Eevell, Thomas, 109, 152, 392. Kevell's Book, 198, note. Rhode Island, 400. Kichier, Edward, 207. Richmond, Duke of, 19. Kigg, Ambrose, 156. Riscarricks, 362, note. Riven, Cornelias Van, 41, River Indians, 4, note. Roanoke, 16, note. Roanor, 16. Eoberdeau, Daniel, 455. Robeson, Andrew, 201. Robinson, John, 458. Rochester, Earl of, 219. Rocky-Hill mines, 492. Rolf, Moses, 414, note. Romnev, Earl of, 219. Roydon, William, 201. Royse, John, 283, note. Rudyard, Thomas, Deputy-Gov- ernor of East Jersey in 1683, 167. His description of East Jersey, Ambov and Elizabeth- Town, 167 to 171. Russian Court, 426. Ruyven, Cornelius, 38. Ryder, Sir Dudley, 501. Rysing, George, Governor of the Swedes on Delaware, 27. His friendly intercourse with Indi- ans, 28 to 32. S. Sabines, 1. Sachems of Indian tribes, 29, 362, note. Sailor who first discovered St. Salvador, Fate of, 4, note. Saint John's river, 26, note. Saint Helens, 401. Saint Lawrence, 401. Salary of Governor Hunter, 413 ; of Governor Lewis Morris, 414. Salem County, Statistics of, in 1765, 497. Salem, 79. Saltonstall, Governor, 362, note. Sal tar, Richard, 449. Salter, Henry, 102. Saltertugas, 114. Sama, John de, 13, note. Samuel, 449. Sanballat, 319. Sanfoord, 159. Sandford, 159. Sandford, Major, 375. Sandy-Hook, 66, 93. Satterthwaite, James, 109. Saunders, Christopher, 99. Sehank, Garrat, 414, note. Schomberg, Duke of, 219. Schooley, Robert, 109. Schooley, Thomas, 102. Schuyler, Aarent, 362, note. Schuyler, Colonel Peter, 362, Scidit, Sheck, 425, 426. Scott, Benjamin, 93. Scots, 177. Scythian, 12. Season, Edward, 102. Sebastiana, 1, note. Second river, 493. Senecas, 136, 453. Servants, 103, note. Seymour's regiment, 400. Shackamaxon, 136. Shallet, Arthur, 207. Shamokin, 481. Sharp, Isaac, 97, note. Sharp, Thomas, 152, note. Sharp, William S., ii. to iv. Sheoppy, 149. Shepard, 355, note, 414, note. Shield, Samuel Towes, Captain of, first ship from England, in 1676, 108. Names of some of the colonists who came in her. 108, 109. Shinar, 15, note. Shinn, John, 109. Ship from London, in 1676, to West Jersey, partial list of the colonists who came in her, 109. Shrewsbury in 1669, 62. Shrewsbury Township, Lewia Morris' iron works at, in 1682, 158. Siberia, 10 to 12. Six Nations, 461. Sketch, by John Jay Smith, of the Author's Life, v., vi. Skein, John, 109. 608 INDEX. Skinner, Thomas, 207. Slaney, John, 207. Sloane, Sir Hans, 13, note. Smith, 159. Smith's, Captain, voyages, 24, note. Smith, Daniel, v. Smith's family, colonists, 402, note. Smith, Emanuel, 409, note. Smith, John, v., 19, 151, 276, note. Smith, John Jay, iii. Smith, Mr. 219. ' Smith, Richard, v., vi., 436. Smith, Samuel, Author of this History, v., vi., 409. Smith, Seth, 109. Snakehill, 159. Snelling, William, 264, note. Somerset County, Statistics of, in 1765, 492. Sonmans, Aarent, 156, 425. Son mans, Peter, 388, 389, 420, 425. South river, 58, note. South week, 365, note. Spain, 1, note, 5. Spanlienberg, Joseph, 147, note. Spaniard, 5. Spanish river, 401. Spear, Samuel, 73. Spicer, J., 87, note. Spicer, Jacob, 455, 457. Spizelius, Theophilus, 9. Squissatego, 469. Stacy, 420. Stacey, John, 109. Stacey, Mahlon, 109. His letters describing New Jersey, 111 to 114. Stacey, Robert, 69, note. Stamford, Earl of, 219. Stanford, 264. Standish, Captain, 18. Staten Island, 485, note. Station Point, North, 485. St. Croix, 59. St. Johns, James, 207. Steele, Benjamin, 207. Steenmetz, Casper, 161. Steenwick, Cornelius, 41 to 43, 49. Sterling, Earl of, 492. Stevens, John, 449, 457. Stevenson, William, 276, note. Stille, Isaac, 446, 456. Stockholm, 21. Stout, a Dutch woman saved from the Indians, 69. Stout, Richard, 63. Storms, Hail, 1718, 1742, 1758, 409, 410. Strickland, Amos, 455. St. Salvador, 4. Stuyvesant, Peter, Governor of New Netherlands, 33. His ex- pedition, in 1665, against the Swedes on Delaware, and re- duction of the country under the Dutch flag, 33, 34. His surrender of New Amsterdam to the English, in 1664, 36 to 47. Subercasse, 367. Summers, Sir George, 17. Sunderland, 258, 259, 361, 366. Surrender of the sovereignty of New Jersey to the Queen, Par- ticulars of the, 209 to 261. Commotions precedent thereto, 209, 211. Claini of Jeremiah Basse to be Governor, 210. Conflict between him and An- drew Hamilton, 210, 211. Di- vers petitions to the Crown for redress, 211. Petition of 224 settlers in East Jersey against the arbitrary government of the Proprietors, 558 to 560, App. Memorial of the Pro- prietors of East Jersey, to the Lords of Trade, praying for annexation to New York, 560 to 562, App. Favorable answer of the Lords of Trade, but without conditions, 562 to 563, Petition of the Pro- prietors of East and West Jer- sey to the Lords Justices of England, in favor of Andrew Hamilton as Governor until the surrender, 565, 566, App. Representation of Lords of Trade concerning the confu- sion and commotion in New Jersey, and recommending that the Crown take possession of the Province and establish a regular government, 566 to 570, App. Memorial of 17 Propri- etors of East and West Jersey, INDEX 609 asking for permission to sur- render the government of the Provinces to the Crown, with a xeservation of all rights, privi- leges and liberties, 670 to 573, App. Full text of the Instru- ment of Surrender and Accept- ance, 211 to 220. Appointment of Lord Cornbury to be Gov- ernor of New Jersey, and full text of his Commission, 220 to 230. Queen Anne's Instructions to Lord Cornbury, full text of, 230 to 261. Members of his first Council, 231. Surrinam, 435. Susquehannah, 460. Susquehannocks, 27, note. Sussex County, Statistics of, in 1765, 500. Swaine, Charles, 478. Swanandal, 58. Swarne, Samuel, 161. Swedeland, 21, note, 22. Sweden, New, 1627 to 1664, 22 to 34. First landing of the Swedes, in 1627, and their pur- chase of lands from the Indi- ans, from the Capes of Dela- ware to the Falls, on both sides of the river, 22. Building of a fort at Hoarkill by the Dutch, in 1630, 22. Swedish forts built at various places on the river, 23. Demand of Swedish Gov- ernment upon King Charles to surrender his dominion over New Sweden, 23. Encroach- ments of the Dutch and Swedes on each other and upon the English, 23. Fort Elsingburg built by the Swedes on the Del- aware, who compel all passing ■svssels to come to, 23. Swedish Governors down to 1654, 20 to 27. League of friendship be- tween the inhabitants and the Indians, 29. Keduction of all the Swedish forts by the Dutch, in 1655, 33 to 34. Keduction of the Dutch and Swedes to Eng- lish power, in 1664, 47, In- structions to Sir Robert Carre in his expedition against Dela- ware, 47, 68. Capitulation of New Castle to the English, 49, 50. Colonel Nicolls assigned to the Government of Delaware, 50 to 52. St. John, Island of, 7, note. Swampis, 149. Sweetable, John, 207. Syria, 425. T. Tagashata, 453, 459, 463, 464. Tahan, 13, note. Tandacass, 499. Tapiscawen, 472. Tappan creek, 479. Tartars, 12. Tartary, 10 to 15. Tashiowycan, 71. Tatbam, John, 201. Tatham, John, 191. Tattersall, Richard, 109. Taylor, Jacob. 135, 136, note. Taylor, Samuel, 103. Teedyescung, 446 to 483. Temple, Sir William, 142, note. Tennecum, 23. Terra del Fuego, 14, note. Terra del Labrador, 7, note. Tettamy, 449, 456. Thackery, Thomas, 151, 201. Thompson, Andrew, 165. Thompson, John, 208, note. Thompson, William, 207. Timber creek, 94, 95. Title of Crown to North America, Full account of, 24 to 28, note. Tokaaio, 461. Tomm, William, 69, 71. Towle, Percival, 201. Townley, Richard, 397. Treat, Robert, 161. Trent, John, 354. Trent, William, Chief Justice, 419. Tunison, Cornelius, 276, note. Turks, 426. Turner, Robert, 156. Tuscaroras, 456. Tutelas, 456. Twelve Proprietors, their names, and names of their Twelve Partners, known as the Twen- ty-four Proprietors of East Jer- sey, 156. 610 INDEX. u. United Nations, 470. tJnwacon, 479. U&eling, William, 21. Utrecht, 358. Valedolid, 6, note. Van Buskirk, Law, 355, note. Van Este, Peter, 276, note. Vangezon, Isaac, 414, note. Vanquelin, Robert, 161. Varlett, Nicholas, 43. Venchin, 13, note. Venetian, 2, note, 6. Verlet, Nicholas, 161. Vernon, Mr. Secretary, 219. Vetch, Colonel, 359. " Vice-Comptroller, Mr., 219. Virginia, name of the country granted to ISir Walter Raleigh in 1584, 16. It covered New York and New Jersey, 17. Voltaire, 8. Vreeland, George, 475. Wadd, Sir Armigell, 167, note. Wade, Edward, 79. Wade, Samuel, 79. Wakecake, 63, note. Walgast, Otto, 55. Walker, Admiral, 400. Walker, Samuel, 231. Walpack, 440. Walpole, H., 16, note. Walter, R., 412. Wampum, its value as currency fixed, 76. Belts and strings of, in negotiating with the Indi- ans, 448 to 483. Warner, Edmund, 83 to 87. Warner, F., 143, note. Warner, Thomas, 156. Wasse, James, 80 to 85. .vatson, Luke, 62. Watson, John, 478. Watts, Michael, 207. Wawpingo, 456. Weekpink, 95, note, 484. Weequehelah, 441, note. Welch, Nathaniel, 219. Wells' Ferry, 486. Welsh, William, 190. Werden, Sir John, 117. Weiser, Conrad, 456, 458. West, Edward, 207. West India Company, 21. West India Islands, 188. West Jersey, Proprietors of, Me- morial of, resenting Lord Corn- bury's conduct, 336 to 345. Rights and privileges granted in the Queen's Instructions, and his breach of them, 336, 337. Corrupt use of his power to pack the Assembly, 337, 338. Right of the Assembly to- judge of the qualifications of their own members broken down by him, 338, 339. His Bill for extending the fran- chise, contrary to Instructions,, passed by his party, 339. Guar- anteed i-ighti of Proprietors' agents to sell their lands de- nied them, and fees illegally^ exacted by him for patenting lands, 342. Public records en- trusted by him to an enemy of the iProvince, 342. Appoint- ment of officers without con- sent of the Council, 343. Emi- gration of settlers from the Province the result of his ar- bitrary conduct, 343. Protest against his exclusion of three members of the Assembly of 1707, and prayer that the Crown refuse assent to their acts, 344. Request for the res- toration of Lewis Morris to the Council, 345. Names of the signers of the Memorial, 345. West Jersey, Province of, sold to John Fenwick in trust for Ed- ward Byllinge and his assigns, 79. Arrival of first English ship at Salem, bringing Fen- wick and other colonists, and their names in part, 79. Dif- ferences between Fenwick and Byllinge adjusted by William Penn, 79. Concessions by 151 Proprietors for a form of Gov- ernment for West Jersey, full text of, 521 to 539, App. Deed INDEX 611 of partition between East and West Jersey, with all powers, privileges and immunities, 80. Letter and Instructions of Penn and his co-trustees, 83 to 87. Epistle General of Pcnn and otlrei-s, giving reasons for their acceptance, of the trust, and explaining its nature and character, 88 to 91. Formation of two Quaker Companies in London and Yorkshire, for set- tling West Jersey, 92 and note. A ppointnient of Commissioners of Settlement and Government, and their names, 92. Their ar- rival, in 1677, in the ship Kent, with 230 others, chiefly Quak- ers, at Jvew Castle, 93. Arrival of the shipWilling Mind at El- singburg, with 60 or 70 colo- nists, and their names in part, 102. Arrival of the Flieboat Martha, with 114 Yorkshire colonists, and their names in part, 102. Arrival of the Shield, in 1678, and also of a ship from London, with a large number of colonists, and their names in part, 109, 110. Samuel Jen- ings sent out as Deputy-Gov- ernor by Byllinge, 126. Funda- mentals of Government adopt- ed by the first Assembly of West Jersey, full text of, 126 to 129. Abstract of laws of this Assembly, 129, 130. Eules for the government of the Land Commissioners, 130 to 135. Arrival of a ship of 550 tons, in 1682, with 360 colonists, 150, 151. Their kind treatment by the Indians, 151. Meeting of the second Assembly of West Jersey, Thomas Olive, Speaker, and their names, 151. Proceed- ings of the same, 151, 152, and note. Jenings continued as Governor by the Assembly, under the concessions, 155. Distress for food in 1682, 155. Thomas Olive, GovQrnor in 1684, and succeeded bv John Skein, in 1685, 189, 190. Dr. Daniel Coxe, Governor from 1687 to 1690, 190. Edmund Hunloke, Deputy - Governor, succeeded by Andrew Hamil- ton, 1692, 192, 194. Governor Coxe's letter defining his posi- tion on taking the office of Governor, 190 to 194, note. Governor Andrew Hamilton, Governor of Pennsylvania a part of his term, 194. Scarcity of food in 1687, 195. Division line between the two Jerseys run by George Keith, in 1687, 195, 196. Kectification tiiei-eof by Governors Coxe and Bar- clay, in 1688, 195 to 198. Coun- cil of Proprietors formed in 1687 for taking up and gi-ant- ing lands, and their names, 199 to 203. Minutes of tlieir pro- ceedings, 202 to 207. Kangers appointed in certain counties, 207. Governor Coxe conveyed, in 1.691, the government of West Jersey to the West Jer- sey Society, consisting of 48 members, and their names, 207. Westminster, Mat., 120. West, Robert, 156. West Riding of Yorkshire, v. Wet harvest, 413. Wetherell, Cliristopher, 95 to 97, notes, 109. Wheat, Benjamin, 165. Wheeler, Robert, 344, note. White, Master, 24, note. White & Company, 158. White, Robert, 464. Whitehall, 7, note, 424. Whitehead, vi. Whiting, Joiin, 215. Wicaco, 23, note, 72, 98. Wilcocks, John, 207. Wilcox, Thomas, 156. Wild, Daniel, 219. Wilkinson, John, 99. Willet, Thomas, 36, note. William III., King of England, 266, note, 373. Willis, Samuel, 63. Willocks, George, 394, 412. Wills, Daniel, 99, 108, 135. Wilis, John, 95, note. Wilmington, 22, note. 612 INDEX TO APPENDIX 11. Wioming, 481. Windress, 400. \Vingtield, Edmund Maria, 17. Wintlirop, John, 43. Wood, Thomas, 109, 110. Wood, William, 102. Woodbridge, 67, 158. Woodmancy, William, 99. Woodruff, Samuel, 449. Woodrutie, Thomas, 152, note. Woodward, Anthony, 283, note. Woolman, John, 109. Woolston, John, 99, 109, 209. Worrel, John, 109. Worth, Little, 419. Wright, Joshua, 151, 284. Wright, Thomas, 132. WVatt, Bartholomew, 288, note. W^yomink, 410. Y. Yorkshire Company, a Qiiakcr colony for settlers. West Jer- sey, formed in 1G77, 92. Yedzo, 13, note. Zane, Robert, 150. Zyl, Van, Captain, 110, note. INDEX TO APPENDIX II. A. Abbett, Leon, 584. Bainbridge, John, 579. Bancroft, 578. Barclay, Robert. Governor, 576, 577,"581, 584.' Basse, Governor, 581, 582, 584. Bellamount, Governor, 581. Berkeley, 578. Biddle, William, 579. Bodleian Library, 575, 577. Bossa, Peter, 579. Budd, William, 579. Byllinge, Governor, 575, 576. O. Carteret, 578, 584. [584. Carteret, Phillip, Governor, 578, Catholic, 576, 579. Cox, Daniel, 575, 576, 577, 579, 584. Davenport, Fran., 579. Deshler, Charles D., 583. Dubois, John, 579. Dudley, Joseph, Col., 577, 578. Dundas, James, 581. E. Ely, Joshua, 579. England, Daniell, 579. Folke, Thomas, 579. G. Gardner, Thomas, 579. H. Hamilton, Governor, 577, 579, 580, 581, 582, 584. Hartshorne, Richard, 582. Hill's History, 576, 584. Hunloke, Edward, 575, 579 Hunt, William, 579. Hutchinson, Thomas, 579. J. James II., 576, 579, 580. Jennings, Samuel, 584. K. King William, 580. INDEX TO APPENDIX II. 613 Lambert, John, 579. Lambert, Thomas, 579. Lee, B. F., Hon., 578. Leeds Daniel, 579. Leslier, Jacob, 584. M. Macauley's History, 580. Marriott, Isaac, 579. Marshal, James, 579. McCormick, John D., 575. Miles, William, 577. Myers, William, 579. Oldmixon, 575. Olive, Thomas, 576, 584. Papists, 579, 580. Pearson, 579. Pendergrass, 580. Portland, 580. Q. Quakers, 582. R. Rawlinson, 577. Revell, Thomas, 584. Eighton, William, 579. Rockhill, Edward, 579. S. Scattergood, Thomas, 579. Scull, G. D.,V375. Skene, John, 579. Smith's History, 576. Snowden, Christof, 579. Sowle, Brigall, 579. Stacey, Mahlon, 577, 579. Stuart, House of, 576. Talbot, John, Eev., 583. Tatliam, Elizabeth, 582. Tatham, John, 575, 576. Fii-st potter, 577. A judge of the court, 578. A C^atholic, 579. On Governor's Council, 579- 58L Oath of supremacy, 581. His death, 582. His library, 582. His house, 583. Over- looked as Governor, 584. Thomas, Gabriel, 583. ■w. Wetherill, Christopher, 579. Whitehead, W. A., 577, 578. William IIL. 579, 580, 581. Wills, Daniel, 579. Wilson, Robert, 579. Woodward & Hageman, 580.