CIVIL AND POLITICAL ¥?6- HISTOR! OF NEW JERSEY. BY ISAAC S. MULFORD, M. D. CAMDEN: PRINTED AND PUBLISHED BY P. KEEN AND E. CHANDLER. 1848. f; ■7, J Entered, according to an Act of Congress, in the year 1848, BY P. KEEN & E. CHANDLER, In the Clerk's Office of the District Court for the Eastern District of Pennsylvania. ^^:^£^^ 7? CONTENTS. CHAPTER I. Pa? The English Discovci ios, ..----.-9 CHAPTER H. Possession by the English, -.-.... 21 CHAPTER HI. The Dutch Claim, 33 CHAPTER IV. New Nethcrland, 49 CHAPTER V. New Netherland, New Albion, and New Sweden, - - - 65 CHAPTER VI. New Netherland, New Sweden, and New England, - . . 94 CHAPTER VII. Subjugation of New Netherland, and a second conveyance ol a part of the country, - - - - - - - 115 CHAPTER VIII. New Jehsev. — The establishment of Coverninent, - - - 130 CHAPTER IX. First Legislative Proceedings — Opposition of the People to the Government — Return of the Dutch, and Restoration of the English Authority, 147 CHAPTER X. Purchase by Fenwick and Byllingc — Partition between Fcnwick and Byllinge — Settlement of Fenwick — Qunti[)arlilc Divi- sion — Provisional Government — Proprietary Government, 1G4 CHAPTER XL Proceedings in West New Jersey, 180 CONTENTS. Piige. CHAPTER XII. Govcrnincnt in East IVew Jersey — Release of the Duke of York- — • Goveniiiicut after the release — Sale of the Province — Go- vernment under the new Proprietors, - - - - 193 CHAPTER XTII. West New Jersey — Government after the release of the Duke of York — Conditional surrender of Government, ... 234 CHAPTER XIV. Resumption of Government in East Jersey — Resumption in West Jersey — Final surrender, ..... 253 CHAPTER XV. New Constitution of Government — Lord Cornbury's Adminis- tration, 281 CHAPTER XVI. Administration of Government by Lovelace, Ingolsby, Hunter, Burnet, Montgomerie, and Cosby, 303 CHAPTER XVIL Morris', Hamilton's, and Belcher's Administrations — The French War — Change of Governors, ...-.- 335 CHAPTER XVIIL Opinions relating to the Rights of the Colonies — Passage of the Stamp Act — Opposition to the Stamp Act — The Repeal, 361 CHAPTER XIX. Imposition of Taxes — Opposition to the new Taxes — The Tea Duty — The Tea Duty Resisted — Congress of the Colonics — Proceedings of Congress approved in New Jersey — Co- ercive measures of England, - - - - . - - 374 CHAPTER XX. The Second Continental Congress — The Provincial Congress of New Jersey — Constitution of New Jersey, - - - - 399 CHAPTER XXL Proposals for accommodation by the English — First Legislature of the State of New Jersey, 427 CHAPTER XXn. Second Legislature — Articles of Confederation — Financial Mea- sures, ..._.---.. 444 CHAPTER XXm. Financial Crisis — Success of the Americans — Close of the War — The Federal Government — New State Constitution, - 468 PREFACE. But few words are necessary by way of preface as an iiilro- ductiou to the present volume. A fondness for historical pursuits, especially such as relate to our own country, was the motive that originally prompted tlie author to enter upon tlie undertaking. A part of the material was collected and arranged, with scarc:^]y any other object than the personal gratification and advantage to be derived from the engagement. At length the representations of some friends who were of opinion that such a work would be useful, and would be favorably received, led to its continuance and final completion. The suggestions thus made, were the more readily acceeded to by the writer, from a belief, that no such work if executed with a strict regard to truth and fact, could be entirely without value. If no new light should be shed upon the subject, renewed attention to it might yet be excited. It was also sup- posed that something might be done to aid and favor inquiry. Different works upon the history of New Jersey already exist, and are well known, and perhaps the principal part of the mate- rial that can be considered of much importance has already been collected; yet it may be doubted whether it is in such a situation or form, as to rcnder.it sufficiently easy of access. Some of these works are limited in period, some" are ocal in their application, being confined, to certain parts of the State, and others are re- stricted in both these respects. Such as are more extended in scope are different in character and purpose from the present one. Hence it was conceived, that by bringing together from the several sources within reach, the principal circumstances and events of a civil and political character, and presenting them in one view, and PREFACE. in their natural order and relation, a service would be done, by shortening and lightening the labor of research in the most im- portant department of history. Such has been the present design. The execution of such a work may give but little ground for a claim to originality or learning; no such claim is advanced. No attempt has been made to produce a speculative or philosophical history, but rather to give a simple and compendious narrative. It is hoped that the book may prove convenient and useful, and if so, the object of the author will be gained. Admiration has not been sought. But in justice to himself, the writer may state, that his labor has been conducted in the midst of the duties and calls of another and an engrossing pursuit, and under an engagemen, which was too restrictive in point of time ; hence fiiults in manner, and also some inaccuracies will be found, which, under other cir- cumstances, might possibly have been avoided or corrected. It may also be stated, that in order to meet the agreement which had been made in regard to the size of the volume, it was found necessary, especially toward the close, to resort to a greater de- gree of compression than was consistent with completeness, or with entire perspicuity; for the same reason, matter has been given in notes which properly belonged in the text, and the effect has been a kind of broken or disconnected appearance in several parts. It should also be mentioned, that in consequence of errors in punctuation (which are chiefly typographical,) the meaning of several passages is rendered obscure, and indeed is almost per- verted. Some of these errors are noticed in an errata. With these explanations, the volume is submitted, and no doubt is felt that it will 1)0 received by the people of the State, and others who may be interested in its history, with a full measure of justice and liberality. Camden, N. J., i'^>\h month, 1848. ERRATA. Variatioxs in OnTHOGRAPHr. — Privilege has sometimes been printed privileo'ge — enterprise, enterprise — and maintenance, maintainance. Page 14, line 35, for successor read successors. " 15, line 16, the word it, to come between and, and is. " 23, line 8, for is, read are. In note 10, page 38, a semi-colon to be put after the word down. Note 10, page 53, line 3 from bottom, for this read thus. " 10, page 72, for a period, put a comma after the word off. " 20, page 79, for Huddle read Hudde, Page 80, date of protest, for 1683 read 1638. Note 6, page 08, a comma after the word case, and the word went, between case and by. Note 16, page 105, for undemnified read undamnified. Page 134, line 6 from bottom, for continued read contained. " 154, line 8 from bottom, for the, read a Note 10, page 158, the word Fort, to come before the words William Hendrick. Page 159, line 10 from bottom, for divested, read devested. " 183, lines 4 and 5, for semi-colons put commas after colonel and general, In note 24, page 211, a comma to be put after the word officer, and Alder- man, for Adcrman. Page 215, line 18, for administrated xe^idi administered. " 218, line 12 from bottom, for been met, read seen meet. Note 48, page 228, for discharges read discharge. Page 278, line 4, a semi-colon to be put after the word usage. " 283, line 16, for/reeholder, read householder. Note 13, page 291, for interests, read interest. A very noticeable error occurs on page 304, line 16 — the 'Words inhabitants freeholders should be inhubitaiits householders. Page 391, line 27, for had, read has. " 398, line 1, for made formally, read finally made. " 496, line 18, the word of, to come between principle and composition. HISTORY OF NEW JERSEY. CHAPTER I. T n li ENGLISH D I 8 C O V K K 1 K S , The discovery of the New World by Columbus, gave a strong impulse to the human mind. An eager and adventurous spirit was at once aroused, and men of dilFerent nations came forward to enter upon the new field of enterprise and effort. Amongst the foremost of these persons was John Cabot, a native of Venice, but who had been for a long time, a resident in England. lie projected a voyage of discovery and made application to Henry VH. of Eng- land, for authority and aid to carry on the design. Very little aid was afforded, but the necessary authority was conferred, without much delay. A commission was issued bearing date the 5th of March, 1495. It was given to John Cabot, and his sons, Louis, Sebastian and Sanchez, committing to him, and to them, and to their heirs and deputies, full authority to sail to all countries and seas of the east, west, and north, under the banner of Eng- land. They were allowed to equip " at their own proper costs and charges," five ships of whatever burden and strength in mariners, they might choose to employ. They were empowered to set up the ensigns of England in newly discovered lands, and to possess them as lieutenants of the king.^ Some time elapsed before the difficulties incident to such an attempt could be wholly ' llyiuer's Fu^dcra Anglia\ 10 THE ENGLISH DISCOVERIES. removed, and the preparations for departure were not completed until the commencement of the year 1497. Of the persons named in the commission two only, engaged in the voyage, John Cabot the father, and Sebastian, the second of the sons. Very little is known as to the particular occurrences of their voyage, no precise account having ever been given, either by the actors themselves, or by any cotemporary. But the enterprise itself is referred to in various authentic documents, and the final event was recorded in terms sufficiently full, and in a manner that entitles the account to perfect confidence and credit. This record was made upon an ancient map drawn by Sebastian Cabot himself, and published, as there is reason to believe, under his sanction, if not by his parti- cular desire. Upon this map was written in Latin, the following words: "In the year of our Lord, 1497, John Cabot, a Venetian, and Sebastian his son, discovered that country which no one be- fore his time had ventured to approach, on the 24th of June, about five o'clocl^ in the morning.''^ To commemorate the event the discoverers called the land Terra Primum Visa ; it was a part of the Island now called New Foundland. It is stated by some authorities that so soon as this discovery was made, or very soon afterwards, the voyagers returned to England, making scarcely any attempt to explore the country, or to examine the adjacent coasts. !» Others suppose that Cabot continued immediately to prosecute the voyage ; that he pursued a westwardly course until the continent was reached, then, sailing along the coast, advanced high up into the Northern Seas, and finally, proceeded in an opposite direction far toward the south.* A careful comparison of the several accounts conducts to the belief, that the truth is be- tween these extremes. It is beyond dispute that the Cabots were concerned in two voyages performed in immediate succession, and there are many facts tending to show, that the principal dis- ''This map was in a collection in the cabinet of Edward VI. and Sebastian Cabot was in great reputation at the court of that prince, and was entertained by him with much favour. — Tytlcr''s View. It was also " to be scene in her Majesty's privie gallenc at Westminster, and in many other ancient merchants houses." — Ilakluyt. ' Tytler's Historical View. ♦ Holme's Annals, Proud's History, Grahamc's Colonial History. THE ENGLISH DISCOVERIES. 11 coveries were made in the course of the second one. Upon the first, the one now under notice, litde more was eflected than to determine the existence of land in this region, and to notice the insular form of some parts, and the extended appearance of others. This being done, the discoverers hastened to return, in order to announce the success of their venturous attempt. The voyage of the next year was undertaken with more favorable prospects, the king showed greater liberality in his grants, and even engaged to defray the entire expense ; the same navigator also, having the advantage of former experience, was appointed to conduct the enterprize. A commission was granted on the 3d of February, 1498, N. S. It was given to John Kabatto, Venetian, and per- mitted him to take six ships and sail to the land and isles, of late found by the said John, in our name, and by our commandment.* When on the eve of departure, John Cabot from some causes now unknown, found it necessary to relinquish the command and the attempt, and upon this occurrence, Sebastian the son, was advanced to the vacant post. Sebastian sailed from England in the month of May of the same year, and proceeded at once to- ward the American continent. The exact date of his arrival is not known, but he immediately engaged in? exploring the coast. The discoveries he made during the course of this voyage were of great extent. The limit to the north has not been precisely determined there being a singular variance in the several state- ments made upon the point. This difference is the more remarka- ble as most of these statements seem to have been drawn from a common source, and this too, being one of the earliest and fullest works. 8 But the writer of this work though always copious in his details, is not always sufficiently exact. On one occasion he professes to give the acount of Cabot himself upon the point in question, it is as follows: "Sailing along the coast toward the north to ascertain if I could find any gulf to run into, I could dis- cover none, and thus having proceeded as far as Jifty-six degrees under the pole, and seeing that here the coast tended toward the east, I despaired of finding any passage and so turned bairk."' 'Memoir of Sebasliiui Cabot. • Viaggi dol l\;iimi!?io. ' Haimisio, lorn. 1st. 12 THE KXOLISir DISCOVERIES, Yet ill another part of his work this autlior declares, tliat it was written to him hy Sebastian Cabot, that he sailed to the latitude of sixty-seven and-a-half degrees under the north pole.^ Both these accounts have been followed by succeeding writers. But this difficulty may be solved. Although the distinction is not fully or properly marked, there is yet sufficient reason to believe, that the statements just given do not relate to the same time, or the same voyage. It is known that many years subsequent to the period now under notice, Sebastian Cabot conducted an expedition to this very coast, under the direction of Henry Eighth of England, for the purpose of discovering a passage to the Indies. On this later voyage he proceeded farther to the north than he had done before, and then it was he sailed to the latitude of sixty-seven and-a-half degrees under the north pole. It may therefore be conclvided that the former statement which gives the latitude of fifty-six degrees as the limit of the present voyage, may be relied on as correct.^ Authorities differ also in regard to the southern limit. The writer already quoted gives, as a part of the statement of Cabot, an ex- press declaration that "he reached the country at present called Florida." But this account is not at all precise, as the country to which the name Florida had been given, was, at that time of undetermined extent. But another author who wrote nearly at the same time, being a cotemporary with Cabot, and also one of his intimate friends, gives an additional account. In this, it is said that the discoverer "coasting still by the shore was brought so far to the south by reason of the land bending much to the southward that it was there almost equal in latitude with the straits of Herculus and that he [then] sailed to the west until he had the Island of Cuba on his left hand, and nearly in the same longitude.'" This narration is not perfectly determinate and clear. ^ Eanmsio, torn. Sd. " According lo some authorities, Cabot arrived upon the coast in this voyage in the latitude of fil'ty-uiglit degrees, but it may be doubted whether this was not in the later voyage performed in the next reign. "• Peter Martyr de Orbc Novo. A single glance at the Norlli Aiuerican conti- nent will serve to illustrate the meaning of a part of the passage here cited. Tlie " bending of the land" is southward to the thirty-fifth degree, which is almost the latitude of the straits of Herculus or Oil)ralter,from that point it tends wcstwardly. TIIK KXOLISir DTSCOVERIES. 13 but it imports, that the navigator had arrived near the Ishind of Cuba, and it is obvious, that with this IsUxnd on the left hand, the nearest part of the continent, ahnost in tlie same longitude, on liis right hand, would be that portion of country to wliich the name Florida has noiv come to be confined. The southern point of this portion of land is nearly in the latitude of twenty-five degrees. Cabot did not attempt to establish a settlement within the country he discovered, but he took possession thereof, on behalf of the crown of England. In the two voyages just noticed the foundation of the English claim to countries in North America w^as laid. It is of some im- portance that the origin and character of this claim should be fully understood, and hence it may be proper, before any further advancement is made, to pay closer attention to this primary movement. "The particular right we have to a thing," says a writer of authority, " is either by original or derivative acquisition. It is called original acquisition when a thing which before be- longed to no man, begins to be the property of some particular person ; it is derivative, when a right of property already esta- blished, passes from one to another."" In its inception the claim of the English nation to land in America was considered as origi- nal in its character; in other Avords, the territory was regarded, and entered upon, as belonging to no one. It was looked upon as entirely new; the inhabitants, which at subsequent periods, were found there, were subdued or conciliated, but a right to the country was supposed to have been acquired, anterior to the conclusion of any treaty, or any attempt at conquest. Discovery, simply con- sidered was made the foundation of title. Whether such a claim could be sanctioned as just, whether it was consistent with human- ity and the soundest policy, are questions which it is not necessary just noAV, to discuss. It is sufficient for our present purpose to determine, whether such a right was acquired as might be main- tained in accordance with the usages of civilized countries, and the principles of national law. That according to these usages and laws, discovery, or finding, by an European nation, even where there was pre-occupation by savages, is capaljle of confer- " Grotius. 14 THE ENGLISH DISCOVERIES. ring a title to territory, is a point that needs no illustration, and hence there is no other thing to be determined in the present case, than the reality of the finding itself. Considered in this way the matter in question is not such as to require an extended notice ; it is nearly determined by common assent. That a discovery was really made at the time, and made by persons acting under a com- mission from the English crown, are facts that soon became known, and have been generally acknowledged, throughout the civilized world. The only point that is open to doubt is that which respects the extent of acquisition. It cannot be pretended that the finding of San Salvador, by Columbus, gave a right to the Spaniards to all the Islands on the American coast, or that the first discovery of the continent by Cabot, gave the English a claim to its entire extent. A claim from discovery must have some limitation. Where a natural boundary exists that may be taken as the limit, as in the case of Islands or a close group of Islands, or in portions of territory connected with particular waters. Thus, a voyager who should discover the mouth of a stream upon a coast before unknoAvn, would without farther advance, acquire a claim to the country watered by such stream, and its branches. Where no such natural boundary exists, the actual extent of dis- covery, is to be mainly regarded. A navigator who may discover a country and proceed along its outline, may lay claim to a right between the points of approach and departure. Upon this princi- ple, the extent of the English acquisition from the discoveries of the Cabots would be, from the fifty-sixth, nearly to the twenty-fifth degree of latitude. Along period elapsed before any attempts were made by the English, to improve in any way, the possession they had thus obtained. Neither the discoverers themselves or " their heirs or deputies" availed themselves of the advantages which had been granted them. They neither engaged in trade, or endeavoured to acquire a fuller knowledge concerning these lands. Nor was much desire evinced either by the king under whose authority the discoveries were made, or by his immediate successor, to exercise the powers that were vested in the crown. More than half a cen- tury was suffered to pass away without farther advancement. But, during this period, several attempts were made upon this THE ENGLISH DISCOVERIES. 15 same ground by other adventurers, and it is necessary to notice these movements, both as a part of the history of the time, and also, as they were the foundation of conflicting claims to the country. The Portuguese were the first to follow in the new track. The people of this nation had become signalized on account of their genius and skill as navigators, and they were ready to seize upon every opportunity that presented, to extend their researches, and add to their renown. The discoveries of Cabot excited their jealousy. Very soon an expedition was despatched by the King of Portugal, under the command of Gaspar de Cortereal, a man of ardent and determined character, and who it is said, was" ♦'athirst for glory." This commander made two voyages to the American coast, the first one, in the year 1500. He directed his course so far toward the north, that he only touched upon a part of the English discoveries, and is supposed that he did not ad- vance beyond their limits, at any one point. '^ But the history of the whole enterprize of Cortereal is very imperfect, and in rela- tion to the second attempt, which followed quickly after the first, hardly any thing is known, as the whole company was lost, and no vestige either of the ships or the mariners, was ever discovered." The brother of Cortereal who sailed soon afterwards with two ships, to determine the fate of his relative, perished in a similar manner. The French people were the next to enter upon the career of discovery. Only a few years after the discovery of America by Cabot, the Fishermen of Normandy ventured to visit the coast, and in 1508 a mariner named Hubert, carried home one of the natives of Newfoundland, and exhibited him in Paris. But in the year 1523 a more formal undertaking was entered upon. Francis the First who was then on the throne of France, was a prince' of much activity of character, and he engaged in the new pursuit with all his accustomed ardor. He caused four ships to '^ The most northern point that was attained by Cortereal was probably about the fiftieth degree. — Bancroft. " Almost the only account of the voyage of Cortereal is contained in a letter from Pietro Pasqualigo, Venetian Embassador iu Portugal, to his brother, dated October 19th, 1501. 10 THE ENGLISH DISCOVERIES, he fitted out, and placed them under the command of John Ver- razano, a Florentine navigator of high repute. The expedition departed at once, but did not arrive on the American coast till the following year, having been delayed by various occurrences. At length, as the commander himself narrates, "he arrived at a new land never before seen by any man either ancient or modern." It is necessary however to take this declaration with some degree of abatement; the particular portion of territory that was seen by Verrazano may not have been visited before, yet, it was within the limits of the British discoveries, and it does not appear that the commander arrived in any part of his voyage, at a country totally unknown. Toward the south, he reached the latitude of thirty degrees, or according to some authorities the twenty-eighth degree. From this point he proceeded along the coast toward the north and was thus led nearly in the same track that had been pursued before by Cabot, though in an opposite direction. He sailed along the whole line of coast as far as to the fiftietli degree of latitude. He landed at several places and held some intercourse with the natives and upon his final departure, gave to the region he had visited, the name of New France. In consequence of these voyages both the Portuguese and the French attempted to set up claims to land in Northern America. But it does not appear that any actual discoveries Avere then made. It is certain at least, that Avithin the limits of twenty-five and fifty- six degrees of latitude, (and it is not necessary just now to inquire beyond these limits,) they did no more than visit a country which was already known to another people. Cabot had been in advance both of Cortereal and Verrazano, and had claimed the country on behalf of the British crown. As discoverers then, neither the Portu- guese or the French could justly pretend to any title, and their attempts at this time were not such as to warrant a claim upon any other ground. They made no cfibrts to secure possession; they effected no settlement, and after a brief visit left the country entirely. But after a further period of ten years the French renewed their attempts, under the direction of Jacques Cartier. It was the purpose of Cartier to penetrate into tlie country and establish a settlement. Accordinirly, after exploring tlic coast, and discover- THE ENGLISH DISCOVERIES. 17 ing tho mouth of a river which ho called liio St. Lawrence, lie ascended the stream, took possession of a portion of territory and erected a fort. Upon a second visit he penetrated still farther, and opened an intercourse with the native tribes, and finally, in conjunction with a noble of France, he setded a colony of French- men, near the site of Quebec. This whole undertaking was finally abandoned, but it had been persevered in for so long a time as to give some color to a claim from possesion. Yet it could hardly be considered such a "long uninterrupted and undisputed possession" as would be necessary to give a sufficient tide, even to the territory actually occupied, i"* Beside the nations already mentioned, the discoverers of South- ern America, the Spaniards, had extended their researches and efforts so as to come within the bounds of the English discoveries. So early as 1512, Ponce de Leon one of the companions of Colum- bus, had advanced toward the north and entered upon a country which he claimed in the name of the Spanish king, and which he called Florida. He was succeeded by other adventurers who advanced still farther. Florida became a theatre of contest be- tween different bodies of Spaniards and French, and at the end of these struggles in which much blood was shed, only one small colony remained. This was a Spanish settlement, and finally survived. From the statements just made the conclusion may be drawn, that no such claim was acquired by the Portuguese, the Spaniards, or the French within the countries discovered by the English, as could extinguish, or materially affect the rights of the latter, at least, so far as the greater part of the territory was concerned. The final acquiescence in the possession of Florida by the Spaniards led to the loss of a portion of territoiy in the south, but this did not effect the rights of the original claimants to the remainder of the country. The settlements made by the French on the St. Lawrence, were abandoned at so early a period, that a " The entire period of the French occupation at this time was only about ten years, and, even this was broken by several interruptions. This fell far short of the conditions necessary to a claim from possession. 3 18 THE ENGLISH IHSCOVEUIES. right from possession had nol become established, ami hence m that direction, the claims of the discoverers would still survive. But another question presents itself to notice. Did the claim of the English continue in force during the whole interval of time between the date of the original discovery, and that of entering, and taking possession ; or was it lost from non-usage and lapse of time? Some authorities have represented a right from dis- covery as being of so imperfect a nature, as to be nearly incapable of distinct existence. It has even been laid down a general prin- ciple or rule, that the property and sovereignty of a nation cannot be acknowledged over any newly discovered lands except those of which it has really taken possession, on which it has formed settlements, or of which it makes actual use.'^ The acknowledg- ment of this principle would be entirely to destroy and extinguish the right in question, or at least, to render it of no value or force; its virtue would then be made to depend upon some other, some subsequent act, or thing. But this doctrine is by far too strongly stated. Discovery does certainly confer a right, and one that is distinct and independent, though it may be lost in consequence of neglect and the lapse of time. The period of its existence has not been precisely determined. Some authors limit its duration to what they call "a reasonable time," but this is a mode of expression that fixes nothing, as a reasonable time can only be determined by particular circumstances, and will therefore vary in llie several cases that may come into view. If, during a period of general activity a nation should overlook or neglect a posses- sion ; no disposition whatever being shown to assert or maintain a claim, a presumption will soon arise that its claims have been abandoned. But during a period of general repose, when nothing occurs to call for vigilence or notice, then, the mere quiescence of a • party cannot be rightfully construed as an abandonment of claims. The "reasonable time" must be somewhat extended unde.r circumstances like thefee. The principles and views above given may be applied to the case under notice. The movements of the Portuguese, the Spaniards, and the "Vattel. THE ENGLISH DISCOVERIES. 19 French, which have ah-oady been mentioned, were made at a comparatively early period, and subsequent to these, nothing was done in Northern America, until the advent of the English them- selves. There was a long period of general tranquility, nothing- occurred to urge to immediate or speedy action, and the "reason- able time" allowed for such action, would hence be prolonged. At the very least, if the English title could not be considered, throughout the whole of this period, as being sufficient to bar the alivances of other nations, had such advances been made, yet, in the absence of such, it continued so far in force, as to warrant the English themselves in entering the country and perfecting a tide, by use and possession. CHAPTER IL P () 3 S E S P I X n V T IT E E N O L I S I[ , At length a period arrived when the English people resolved to take fuller possession of their American territories. The reign of Queen Elizabeth was to be marked, in addition to other suc- cesses, by the execution of this design. In the year 1577, an enterprize Avas projected to establish a settlement, and the course of procedure adopted at the time, was such as brought at once into vie-w, some of the most important principles of British colonial policy. Application was made to the Qucgu by Sir Humphrey Gilbert, an individual who was distinguished for his generous qualities, and an ardent love of adventure. To this person a grant was made in a formal instrument which was described in its title, as "Letters Patent granted by her Majesty to Sir Humphrey Gilbert, Knight, for the inhabiting and planting of our people in America." It was dated June llth, 1578^. This instrument gave to Sir Humphrey, the full right to certain portions of lands, and also, full authority for the establishment and maintainancc of government. It conveyed to the said Sir Humphrey, his heirs and assigns, and every of them, forever, the right to hold and enjoy all such lands, countries, and territories as he should discover, not actually possessed by any christian prince or people. It vested in the said Sir Humphrey, his heirs and assigns, the full right of property in the soil of these countries Avhich he and they were to hold of the Crown of England by homage, upon condition of paying one fifth of all the gold and silver ore found there. It conferred complete jurisdiction withhi the said lands, and the seas adjoining them, and gave full authority and power to correct, punish, pardon, or rule all such persons as should adventure within, or inhabit these lands, and that in all causes, capital or criminal, as well as civil. It gave power to make all statutes, laws, and ordinances, for the better government 22 POSSESSION BY THE ENGLISH. of the people, proA-idcd, however, that " the said statues, laws, and ordinances, should be as near as conveniently may, agreeable to the laws and policy of England." The question naturally arises, whether it was within the proper scope of royal authority to confer a grant so comprehensive and full, as was this. The nature and extent of the English claim to land in America have been already considered. This claim so far as it continued in force, had been received by the sovereign now on the throne, in the common course of descent, and the royal authority in these lands was founded on the same laws that ex- isted, and were in operation, in other parls of the realm. The territory in America could only be regarded as a part of llie dominion subject to the crown, and subject as were other paris, to the powers that belonged to the crown. Hence, to inquii*e whether the sovereign could make such a gra"Ut as -that cenferred iTpon Sir Humphrey Gilbert, is only to consider in a particular mode," the real extent of the royal prerogative. Queen Elizabeth herself was wont to say "that the Parliament ought not to deal, to judge, or to meddle with her Majesty's prerogative Royal ;" and her successor, James, declared that "as it is Atheism and blasphemy in a creature to dispute what the Deity may do, so it is presumption and sedition in a .', King .lohn liad been compelled to sign the Charter which from its import;iiic(', has ever since bi'cn d( iu)minated Magnu Charfa. Ill this charter the limitations of iht roval prerogative were dis- imctly l.iid down, and at subscijuent periods other reslrictictns had been addi-d. and assented to. And at the very lime that KiuL' POSSESSION BY TIIK ENGLISH, 23 James put forth his arrooant pretensions, his people and their representatives in Parliament were far from assenting- to his prin- ciples and his course.' But it does not appear that in the act of Elizabedi in which she gave a title to land, and granted authority to rule, die rightful audiority of the sovereign was really exceeded. A title to land was granted by the English monarchs in their character as Lords Paramount. "All the lands in the kingdom," it is said, " is supposed to be holden mediately or immediately of the king, as Lord Paramount. "^ That the holder of the crowii_ was to be regarded as the original proprietor of all the lands in the kingdom, could hardly be considered as more than a fiction of law; yet the public domain comprizing those lands which re- mained unappropriated, was held oy the king, and was distributed according to his pleasure. According to the theory of the British government, all vacant lands were vested in the crown, as repre- senting the nation, and the exclusive power to grant them was admitted to reside in the crown, as a branch of die royal preroga- tive, and under such grant the subject could take, hold, and possess these lands in full propriety. This continued to be the case long subsequent to the time of Elizabeth, and until the passage of tlie statute of Queen Anne, in the year 1701. In consequence of diis statute, the power of the sovreign over die lands in question.- became measurably restricted. As a grant of property then, the patent given to Sir Humphrey Gilbert was issued in accordance with law, or least without any violation of law. The other part of the grant, die power to establish govermnent, was based upon similar grounds. It did not belong to the king, as a part of his prerogative, to determine die form of government, throughout his entire dominions ; but die laws and customs of the country allowed .a different exercise of power, in different parts of the kingdom. Counties Palatine liad » " The king thought that the lavish tongues of men pryed too narj-owl^ into the secrets of his prcrogal'ive which were mysteries loo hifrh for thcin, being arcanccimp^iii , fitlcil to be admired rather llian questioned. Biittiie Parlianiciit wero apprehensive enongli that; these hidden mysteries made many dark slops into the people's liberties; and they were willing by the light of law and reason to discover what was the kind's, and what was theirs." — Pari Hist. ^ Blackstonc. 24 POSSESSION IlY THE KNOLIiWI. their own rulers and laws; some places wore not aflbctccl by acts of Parliament, imlcss specially named therein, and where posses- sion was taken of vacant territories, the kinp, jure coronce had the power of instituting j^overnnient therein, provided that such government was consonant to English usages and laws. The patent now granted by tlic Queen, gave authority for the establishment of a proprietary government, a form in which both property and power are placed in the same hands. "Proprietary .governments," says a high authority,' "are granted out by the crown to individuals, in the nature of feudatory principalities, with all the inferior regalities, and subordinate powers of legisla- tion which formerly belonged to Counties Palatine, yet still with these express conditions that nothing be attempted which may dcrotratc from the sovereignty of the mother country." In its general scope tlicn, the grant to JSir Humphrey Gilbert was sanctioned by the customs and laws of England. Very soon after the reception of the patent, Gilbert made a voyage to America, but in consequence of disasters met with in the course of his voyage, ho was compelled to i-cturn without eflccting a setUcment. But soon afterwards he renewed the at- tempt. In the year 1583, he departed from London, and after a more prosperous voyage, arrived in America with a company of two hundred and sixty persons. He took possession of St. John's, in Newfoundland, and made proclamation of his right and title to the country.* He proceeded at once to exercise his authority, and enacted lliree principal laws for the government of his colony. By the first of these, pul)lic worship was established according to the Churcli of England, by the second, the attemi)t- iiig of any thing prejudii-ial to her majesty's title, was declared to be treason according to the laws of England \ h\ the third, die uttering of words to the dishonor of her majesty, was to be punished with loss of cars, and the confiscation of property. These were the liist l;i\vs ever made and promulg-ated in the ' Ulacksionc. * C.illjort say.*, " On llio .Oili tluy of August 1 oiitcrcil hero, m iLo rij-'hl ol ilio I'rown of Enfflnnd, ami linvc niKnivcn iho arms nt Ens^lund." Letter to (Itorire I'celliavt POSSESSIOX BY THE EXOLISH. 25 rountiy. They form a brief code but a rigid one, and these laws are worthy of notice, not only from their position in le- gislative history, Init also as an exliibition of the temper of go- vernment, at tliat time. They sliow the measure of liberty in tliought, and %vord, and deed, that was then allowed to the sub- jects of Britain. 5 But Sir Humphrey Gilbert did not live to bring his government into actual operation. He was lost soon afterwards in an attempt to return to England, and the enterprize he had engaged in, totally failed. The next effort for the establishment of a colony in America, was made under the direction of Sir Walter Raleigh. It may be that the grant to Raleigh, who was the half brother of Sir Hum- phrey Gilbert, was designed, in part, as an extension of that which had been made to the latter. Whether so or not, the conditions were nearly the same. Raleigh's grant was conveyed by an in- strument which bore the name or tide of " Letters Patents graunted by tlie Queenes Majestic to M. Walter Ralegh now Knight, for the discovering and planting of new lands and countries, to con- tinue the space and time of six yeei's and no more." Dated March 25lh, 1581. The condition of this grant in respect to time, was not designed as an absolute limitation, it meant no more than that the under- taking must be entered upon widiin the time mentioned. •= Raleigh was a man of vigorous and ardent mind, and he immediately prepared to make use of the advantages given in his patent. He » It would seem that the people with Gilbert were well satisfied with his enact- ments. It is said, " that obedience was promised by generall voyce, and consent of the multitude, as well of Englishmen as strangers, praying lor the continuance of this possession, and government begun." ' It is asserted by Stitli, (Stith's Virginia,) that " on the 1 1th of September, Ra- leigh's Patent was confirmed in Parliament, and a proviso added." The reason of the application to Parliament is not given. It could hardly have been sup- posed that a confirmation by Parliament was necessary in order to give validity to the instrument, and tho '-proviso'" might have been added by the Queen, by the same power that enabled lier to make tlie original grant. But whatever may have been the cause of the application, it affords the first example of the action of Parliament in the a flairs i>f y\iiieriea. 4 20 POSSESSION nv tiif exomsii. equipped ami sent out iwit sliips unck-r (lie command of Captains Armidas and Barlow. They arrived on the American coast on the 4th of July, 1584. They landed at several places, and ex- amined the surrounding country, they had freiiuent and friendly interviews with the native tribes, and engaged in some traffic. At their return, the English commanders made a most favorable report, and Queen Elizabeth directed that the country they had visited, should be called Virginia. The portion of territory to which this name was given, extended from the thirty-fourth to the forty-fifth degree of latitude. Kalcigh engaged in several attempts to colonize Virginia, Act- ing cither singly, or in concert with others, he caused several bodies of men to be sent out at different times and settled in the country. These colonies mainttiined their positions for a time; the settlers erected forts and dwellings, acquired a knowledge of the land, and of the natives, and made some feeble attempts to establish government. But in llie end, the enterprize was wholly abandoned. Some of the colonists perished from exposure and want, others from the hostility of the savage tribes, and the sur- vivors embraced the first opportunities that offered to return l)ack to Enjrbuul.^ It was the error of Raleigh and hia associates that they failed in a proper concentration of means. Their resources and their eflorts were great, but they were expended in repeated and «lislant attempts. No one of the bodies sent into the coimtrv was possessed of sullicient strength to ensure success, yet they were not sustained by timely assistance. Of consequence, these bodies ft'll by successive disasters, and each time the ruin was so complete, as to destroy not only the labors of the past, lull iilso all hojx' lor tlic liiturc; so lar as ihcsc bmlics were con- cerned, all expectation was extinguished. ' It i« commonly stntud that Haloigh';* I'nlt'iil \vni« nfierwnrcls forfcilctl in i-on»cqiionfc i)f liiH iitlaiiiiler. IJiit before the final (]is:liili<>ii of the colonies cs laliliithet] by liini, ho liiul inado an nssi^'tnncnl of hi;* privil«';.'c< nnd rights, (willi ?«i>me r<*!»crvuli4>ni.) to Thomas Smith, ami i>thcr merchants nnd adventurers This nssiirnmcnt was made on ibo 7lh of .lanuary. IT'S'.'. The asisisrnees ntlcmpted or ellcrted but little, nnd at lenglh either relin(|iii>hod ilirir claims, nr became parties in the coinjmnies siibseo olMcrvcil, however, that ll>o patent tlid not define the limiis i>l" the (zriint* lownrd the west. Those portions only IhnI were specifically given to the companies, wore tlclincil in lliul dircclion. rOSSESSION IIV THi; KNOL1.S11. 29 iwo ollifis, one in each of tlu; pruviuces, with suboidinalc juris- tlii'tion. These bodies, called councils, were to consist severally of thirteen members, all to he appointed by the king'. The (■ouncils were to administer tlie government according to a rule contained in ordinances and instructions signed with the royal hand, or the sign manual, and passed under the privy seal. IJy tliis code of instruction, the provincial councils were empowered to make all necessary regulations for the provinces, provided that thoy should be consonant to the laws of England, and subject to revision by the king or the supreme council in Englaiid. The councils were also authorized to levy duties on foreign commo- dities, and the amount thus raised might be used for the benefit of the colonies, for the space of twenty-one years, then, to l)f; paid into the royal exchequer. They were to superintend and direct the distribution of lands among the settlers, and all lands that were granted out were to be held in free and common soccage oidy, and not in cnpite. They were to administer justice accord- ing to British customs and laws, and to establish Divine worship in conformity with the doctrines and rites of the Church of England. The colonists and their descendants were to have and enjoy all liberties, franchises, and immunities in the same manner as if they had remained, or been born, in England. The conditions of the patent may be considered as they related to the company, and as they affected the settlers generally. In the former respect, the grant was sufficiently favorable, in view of the olijects pursued. There is reason to believe that the com- panies did not contemplate the establishment of independent and prosperous communities, so much as their own particular ad- vantage; they sought to secure for themselves, the real or imagined treasures of the new world. 8ome of the provisions in relation to the settlers were such as to do honor to the royal grantor, but they were rendered of little effect from their incongruity with others. Lands were granted upon the freest tenure. All the riglits and franchises of English subjects were also fully conceded, a grant however which it was scarcely necessary to make. The liberties and francliiscs of Englishmen were not to I)e given aO POSSESSION UV Jilt; l;N(iLl.Sll. or wiililicld :il ilio pleasure of the kiiijr; llicy were sei-ureil to every one by ilie l:i\vs of the realm, aiul the elaim lo them was neillicr lessened or lost, in tiie remotest parts of the kin^rdom. In conferriiij,' them, the kinif did hut give, what the suhjeet had a right to enjoy, either with, or without his grant. Yet, notwitli- sljinding this, and notwithstanding the royal concession itself, the patent, in some of its provisions, was a virtual denial of the riglits and immunities of Englishmen. It established a rule in wliicii tl»e people had no participation, either direct or remote. 'J'he whole government was in the hands of bodies appointed by the king, and holding and using tlu-ir authority at his discretion; the royal element in the English government woidd therefore exist in the province to tlie exclusion of all the others. This indeed might amount to little more than a negative evil so long as the action of government was properly bounded ; so long as it continued within the limits which marked out the sphere of royal authority. Hut tliese limits were not observed. New powers were assumed, and hence the colonists were reduced (o al)8olute dependence upon the clemency or discretion of the king, except in a few particulars. Hut these objections to the cliarler granted at this time, were but liiilc nirarded, and it was under the autliority of tliis inslru- nicnl that the iirst permanent settlement within the limits of llic British possessions was made. This enterprize was carried on l>y the tSouth Virginia, or London Company. 'J'hree shij)s were sent out under the com- m:iiid of Christopher -Newport, carrying a body of emigrant.s, one hundred in nunilur. Tlie expedition arrived in the bay of (■hesapeake on the 26th of April, 1007. I'resenlly after landing, a situation for a settlement was sougiil out, and the place selected was calleil Jamestown, in honor of tlic kiiijr. The colony here planted was the Iirst to take firm root in the country. The history of its early struggles cannot here l>e pursued, l)ut it would be tmjust to pass on without some notice of one individual. John Smith, one of the members of the Colonial Counril, was u 111:111 who iVoiii nature and from previous habits. neenu-d to l)C filled lor the time, and the place. lie had sjrcal POSSESSION nv Tin: knclisfi. 31 tMirrirv and clctoiniinatinn. ami was accustomed to strenuous ofTort. He shrunk Iroin no irial or danffor, and amidst llio ditncullios and perils of tills period bore up the spirits of the peo])le, and more than once preserved the colony from ruin. His prudence too, was equal to his vigor; whilst he boldly explored the country and kept the savages in awe, he directed the interests of the settlers, urging them to cultivate the lands, and to rely upon their own labor as the only sure means of success. He may be regarded as the true founder of this settlement, and indeed, as a chief leader of colonization in the new world. After a trial of three years, the South Virginia Company be- came dissatisfied with the state of the colony, and upon application to the king, they received on the 2.3d of May, 1609, a new charter containing a grant of additional privilcdges and powers. The company was made "one body or commonalty perpetual," and was incorporated under the name of "The Treasurer and Com- pany of Adventurers and Planters of the City of London, for the first colony of Virginia." To this body an absolute title was given to the territory extending from Point Comfort, two liundred miles to the north, and the same distance to the south, and reach- ing westwardly from sea to sea. This grant dilfered from the former one in several particulars. The whole of the lands included widiin the limits just mentioned, were given absolutely to the company as propertv; before, a small portion only was thus granted. Tlie limits also were enlarged in some directions, but were reduced toward the north ; two hundred miles from Point Comfort northwardly. Mould oidy reach to the fortieth degree of latitude, whereas the former grant extended to the forty-first degree. The territory between the fortieth and forty-lirst degrees, in which 7nore than one half of the 'Stale of New Jersey teas Included, fell from the time of this grant, under the sole author- ity of the Northern Virginia, or Plymouth Company. Ik-forc this, both the Virginia companies had a claim within this extent. Hence, from the time of the second grant to the South- ern Company, the country which is jiere to In- particularly noticed, belonged, in part to one company, and in pail to ibc 33 POSSESSION BY THE ENGLISH. Other, the fortieth degrees of latitude being the line of division be- tween them." Such was tlic situation of afi'airs when a new company of explorers niado their appearance, as will be noticed in the ensuing chapter. •Tbo exlcnsive grant that had been made to the Northern Company was re- duced by the positive limitation of the second patent to the Southern one, and thus by a loss and gain between the two bodies, the limit came to be fixed as is here incntinncd. CIIAPTEK 11 T n L DUTCH CLAIM In the year 1609, Henry Hudson, a native of England, visited the American Continent with a view to the discovery of a north- west passage to the Indies. The discovery of a continent of almost measureless extent, and teeming Avitli all the elements of wealth, had not lessened the desire of the people of Europe to reach and to share the riches of "the gorgeous East." To find a more direct passage to that region, was an object which continued to claim the attention and to excite tlie efforts of governments and of corporate bodies, as well as of private adventurers. Hudson had already been repeatedly engaged in these attempts. On his pre- sent voyage, he proceeded closely beside the American coast, and examined the appearance and direction of some of the principal streams. On the 28th of Augiist he entered "a great Bay," the same to which the name Delaware was afterwards given.' But he did not explore the stream to any extent, finding it to promise l)ut litde in reference to the special object he had in view, and after a brief survey, he proceeded onward in a northwardly direction. On the 12th of September he entered a bay larthcr north, the Hay of New York, and tUscovcred the river which still hears his name. After exploring this stream and holding some intercourse with the natives upon its shores, the commander descended and immediately put to sea, and proceeded to Europe. ^ ' The next year after the voyage of Hudson, Lord Delaware touched at this bay on his passage to Virij^inia. It is probable that either he or some of his com- pany gave his name to the bay at that lime, for about two years afterwards, in May, 1612, it was mentioned by the name of Delaware Bay, in a letter written by Captain Argal, from Virginia. The letter is given in I'urchas. ' It is to be observed that Hudson proceeded at fu-st, from north to south, he afterwards changed his course and ran in an opposite direction. In the Ihst part of his voj'age — he made the land first in the latitude of I'ourty-foufdegrces, fifteen 5 34 TJIE DUTCH CLAIM. Very diflerent statements are given by writers as to the par- ticular circuinstances eoiinected with this voyage. It is asserted by some that Hudson had been sent out with an English com- mission, but that he afterwards sold the country he had explored, together with all his maps and charts, to a foreign people, the Dutch. Others declare that he had been employed by the Dutch, at first. The question arising from these statements is not without im- portance. If Hudson had sailed with a commission from his own government, and was acting as an English sul)ject, the benefit of his services must have accrued to his own sovereign. Under these circumstances, no sale to another people, had it been made, would have been of the slightest force ; it would only have been a transfer of that to which the vender had no right, and having none himself, none could have been conveyed to others. But in fact, though, Hudson had formerly been employed by a company of merchants in London, and had made two voyages of discovery on their behalf, he was not, at this time, in the English service. He had left his own country and entered into an engage- ment with a commercial company that had been formed in Hol- land, called the East India Company, and it was during his engage- ment with that body that the voyage now under notice was made. But another difTicully has here been started. Hudson, as already stated, was a native of Eni>land, and it has been con- tended by some, that he could not transfer his allegiance as a sidiject so far as to give an important claim, to a foreign people. But this ()l)jection is not well fouiuled ; it is opposed to the uniform usages of nations. According to these usages, when a discovery has been made under authority from any people or prince, the whole benetil has been claimed by the principal, without the least regard to the nativity, or the previous ol)ligations, of the agent employed. Columbus was not a native of Spain; Cabot was not miniilec Cod, which ho siippoMcd to Imj un inland, and called it New Holland. After that ho reached " Dry Cape," or Cnpc Charles, not tar I'rom which the English had settled ihroo years l)crorc. On hi.s reltirn lie examined Delaware Day, afterwards the Uay of Now York, und Hudson River. THE Dl'TCH CLAIM. 35 an Englishman, and Vcrrazano did not belong by birth to France. Yet the claims of these nations have never been disputed on that ground, and there is nothing in the present case to exclude it from the operation of the general rule.^ But, Avhdst it is allowed that the benefit accrueing from the voyage of Hudson belongs to the Dutch alone, an important question is still to be determined. The claim such as it is, must be conceded, yet this concession is of no weight in relation to the value of the claim itself. It may be that Hudson was the first to enter the Bay of Dela- ware, and to ascend the North River, it may be that the people with him were .the first Europeans that ever set foot upon the shores of New Jersey, or New York, but this is by no means sufficient to determine the question of right to the territory.' ' The only peculiarity in the present case is this, Hudson was not acting under the authority of government, but under the direction of a commercial company. Yet this company had been established upon a grant from its own government, and except so far as exclusive priviledges had been given to this body, the claim that was acquired must be considered as a national one. * There is reason to believe that Hudson was not really the first to visit the country within the limits of New York. T/iese (speaking of the French with Verrazano) were probably the first European feet that ever trod upon any part of the territory now included within the State of York. — Miller's Dixcuurse. The first house erected and the first soil cultivated by any Europeans within the limits of New York, and indeed the first particular examination of any part of New England, were by Bartholomew Gosnold, one year before the death of (^ueen Elizabeth, one hundred and ninety-five years al'terwards, in 17117, Dr. Belknap discovered the cellar of the house that had been built by Gosnold on one of the Elizabeth Islands, and some vestiges of it were found by a party of gentle- men who recently visited the spot. — Yalen and MotiUon. In reference to the South Kiver and the coimtry upon it, it has also been said, " That there was of very early and ancient times, the beginning whereof is not known, a settlement and plantation on the Delaware, made, planted, and in- habited by the Swedish nation and afterwards held and inhabited in the year one thoasand six hundred u7id nine, and for many years afterwards by christians tmder the dominion of the Slates General of Holland. " — Bill in Chancery hy the Penns, agaitiH Lord Baltimore, 17.'i5. It is also said that this place was visited before the advent of Hudson, by Sir Waller Raleigh. The Baron De la War, Sir Thomas Dale, and Sir Samuel Argal. But most of these statements are erroneous, and others are merely con- jectural. It is not known that the country up n the Delaware, had ever been visited by Europeans before the coming of Hudson; but it is thought prol)ab!e that \'errazano had toucliod upon the northern pari of the shore of New Jersey. 30 Tin: DT-Tfii fi.Ai.M. The torriiory in qiui^tion foinu'd l)Ut a part of the country originally discovered and claimed by Cabot on behalf of the British crown. No country can be twice discovered, unless liistory should fail; the annals of an age or a people may perish, and thus the particulars that mark the nature of a claim, and even the claim itself, may be utterly lost from the knowledge of men. Then, in succeeding times, an entirely new claim may again arise and be successfully maintained. It is conjectured that the Northmen had visited the shores of America long prior to the advent of Columbus and Cabot, l)ut the fact, if fart it be, is only sustained by a faint tradition which modern nations have ceased to regard. But sucli was not the case willi the British discovery; il con- tinued to be known, and it was fully known to the Dutcli at the time of the voyage of Hudson. But the claims of Hudson as a discoverer have sometimes been urged upon a different ground. According to the regulations of European law, it is said, the discoverer of the moulli of the stream acquires a right to the territory connected with such stream and its branches, and hence, that the country upon the Delaware, and the Hudson, in accordance with the rule in question, would belong to the Dutch. The regulation is acknowledged, but it does not apply to the case. It will only apply where there has been a real, original discovery, where the coast, ami the country connected with the stream have before been unknown.'' It cannot be supposed that the discovery of the ouilit of a stream would give a right to the territory along its entire extent, altliousrh such territory had been known and claimed b('f(»re. This would be unjust aiul iiuleed a])sur(l. 'i'he regidations of European law give no support to su<"l> a pretence. But anollier point is still to be noticed. Il may l)e supposed that 80 long a period had passed from the time of the original discovery by Cabot, that the claim of the English had lapsed, and in consequence that though the claim of the Dutch as discoverers •S'c p. II. Tnii PT'TCir CLAIM. 37 slioukl not be allowed, tlicy yd iniglil conic in and acquire a rijirlit from occupation and use. The duration of a claim from discovery has already been sufliciendy considered.'' But, at this time, the rights of the English to this part of the American continent did not rest upon discovery alone, there had been actual appropriation and possession. Portions of territory had been granted at diflerent times by the English sovereign, to certain individuals or bodies, and these grants had been made by- formal conveyances, describing the situation and extent of the lands so as to fix their place and extent. In this manner the very portion of country that was visited by Hudson had been granted and conveyed. Most of it indeed had been repeatedly granted. Not to mention the ill defined conveyance to Sir Humphrey Gilbert, it had been given to Sir Walter Raleigh as a part of Virginia; afterwards to the North and South Virginia Company, and was divided between them as already described, and finally, only a few months before the visit of Hudson,'' a second grant had lieen made to the South Virginia Company, and in this, the precise spot was included which seems to have been regarded as the starting point of the Dutch possessions. ^ Upon the territory which had thus been granted, English emigrants had actually settled, and were then in possession. The possession indeed was not such as that every part of the territory was taken up ; nor was this necessary. "A country," says a learned authority, "is taken possession of either in the lump or by parts. But if in a country possessed in th« lump, any thing remains unassigned to private persons, it ought not therefore to be accounted vacant, for it still belongs to him who first took possession of that country, whether king or people, such as rivers, lakes, ponds, forest, and uncultivated mountains." ^ Portions of territory not really occu- "Scc'p. IS. ■"The -second patent was piven to the South Virginia Company on the 23il of May, ICO.!. • The Bay of ilie South Iiiver, (or Delaware,) was the first place of which the Men of ihc Half Moon took possession, before any christian had been there. — Vandtr Doucb. •Grotius. 38 Tui; nrTcu claim. pifd, will thus be suhjoct to the right ol" ownersliip as well as iho particular parts that are actually possessed ; the same right will exist throughout the whole extent. '° In the instance under notice the right ol" possession extended over the whole ofthe country that had been entered upon in pursuance of grants from the English sovereign, and was equally good throughout these limits ; it was equally good on the Delaware as on the James River. No formal claim to the country that had been examined by Hudson, was preferred at the time, either by the Dutch East India ('ompany, or by the Government of Holland. But it was not long before the country was again visited. At this time the people of the Low Countries had but just emerged from a struggle in M-liich they had waged a successful war with one of the oldest kingdoms of Europe. 'J'hey were left with their liberty, but with little beside. Their necessities as well as their maritime situation disposed them to commercial pursuits. No opportunity was to be neglected for extending the trade of the country, and the entcrprize of Hudson was supposed to have opened a licld which they were ready and eager to enter. The furs which had hitherto been procured from remoter countries, and which formed a coveted article of trade, had been found in the new lands, and might be cheaply obtaiiu'd from the simple natives. The very next year after the voyage of Hudson, a vessel was sent out by some merchants of Amsterdam freighted with a variety of goods, in order that a trallic might be opened with the native tribes. 'I'he success of this adventure was such as to give encourage- ment to further attempts, and in the following year application was made to the States (General, and licenses were granted to two ships, which afterwards procecdeil to the Bay of New York." " Bui under a claim from pusscision a vague demand may not Ik; made oxlcnd- in}( over lorritDry nut ddiiK-d i>y asccrlainod liimls. In tlio altscnce of a positive ({riint from a iiiipir, i( will l>c contincd witiiin such Ixuinds ns Ihc arlual kni.wlcdito and elliirls of llio posju-ssors lliems'elves have cnalded lliem lu lay di'Wn williin llieste limits, it will l>e good in so I'ar a:j it !■< good at ail. " H'Callaghan, New Notiierland, p. tVS Tin: Ptrcil CLAIM. .'{'J 'I'he prospect of :ulv;inl:ifro that was opened led to tlie adoption of measures to secure the trade of the country. Petitions were pre- sented to the States General praying that exclusive privileges might be secured to the discoverers and explorers of new lands. Accordingly, on the 27th of March, 1G14, an edict was issued l)y "The States General of the United Netherlands," by whicli all and every of the inhabitants of the United Netherlands who should discover any courses, havens, countries, or places, should have the exclusive right to frequent there, for four voyages ; all other persons being prohibited on pain of confiscation of ships and goods, and a fine of fifty thousand Netherland ducats. Under the protection promised l)y this ordinance, a numl)er of merchants fitted out and despatched five ships, which were under the direction of Adriaen Block, Hendrick Corstiaensen, and Cor- nells Jacobsen Mey. In the course of their voyage, these navigators examined a portion of the American coast with a good degree of exactness and care. Block and Corstiaensen explored the whole extent from Massachusetts Bay to the Hudson River. Mey extended his researches to the south, he examined the shores of Long Island, and afterwards reached the Delaware Bay, to one of the capes of which his own name has been given, and which it continues to bear. Block and Mey appear to have returned directly to Ilolhuid to render an account of their discoveries, and to aid in securing in a proper manner, the advantages of exclusive trade. The company by whom they had been employed, caused a full report of the voyages, with a map of the countries that had been explored, to be laid before the States General, with an application fi)r the priviledges allowed in the late edict of the State, to all discoverers. Accordingly, on the 11th of October, 1614, a special grant was made in favor of the company.'^ They were to have the exclu- sive right to visit and navigate the described lands "situate in America between New France and Virginia, the sea coasts of '^Thc persons belonging to tliis company were particularly namoi). 6ee O'Calaghan, p. 71. JO rni; di'tch claim. wiiich lie between the lortieth and the forty-filtli degrees of lati- tude, and which are now named New Netherland."''' But the privilege thus given was limited to four voyages, to be performed within the space of three years. The company to Avhom this grant was made assumed the name of " The United New Netherland Company." Commander Corstiaensen, who with his people, had remained in the country," proceeded to make the arrangements lliat were required, in order that the advantages expected from the present attempt might be fully secured. A place was to be chosen for a settlement. Advancing up the Hudson, they arrived at an island which they supposed to be advantageously situated for their pur- pose, being so far up the stream as to bring them a sufficient distance within the country, and yet was not difficult of access from without. Here their first essay was made; a rude fortifica- tion was erected, to which they gave the name of Fort Orange ; it was encircled with a moat and defended by several pieces of cannon. But the entire company did not long remain at this place, it is possible indeed, that the whole number may never have gone there. Previous adventurers had erected some slight defences near the mouth of the stream on the Island of Manhattan, and this circumstance, together with the manifest advantages of the position, invited to fartlier improvements. Here a fort was erected, and tliis pliicc I)ecanie the principal point of business and intercourse. Tlie \vt)rk here erected was called Fort Amsterdam. "Tlie limits as lierc gfiven arc not correct, probably the points ol" latiludo had not bci-n fully iloierniincil, or the precise extent to be secured, or thai was ul'terwurds claiuied, had not been fully examined. It is elsewhere said that this country, the New Netherlands, be-rins north of the lif lorty-two de^'rees. We may safely say that we do not Icnow how deep or how far we extend inward. — Vmi ilcr Duiicl-. '* The statements here given ns to the return of Iiloek and Mey and tlie slay of ihcir nMociate, is founded entirely upon a comparison of the soverul circum- utances attendnig the enlerprize. No tli^liml authority cai\ be referred to. i\n- fttiaensen was in the country at a period which almost lorbids the supposiiinu that he had returned to Ilulland, and af,'aMi cnu.e back. During this period, no men- tion is made of either Hlock or Mey and the presciue of the I'ormer and the absence of the two latter are hence interred THE DTTTCII CLAIM. 41 In iho loUowing year, as it is slated, a small rctloubt was thrown up on the opposite bank of the Hudson, within the limits of tlio present State of New Jersey.'' The immediate object in view in the undertaking directed bv Corstiaensen, was the prosecution of traffic with tlie native tribes ; the settlement was strictly a trading establishment. Yet even this could not be properly conducted without order and government. The principal direction of affairs at first, fell into the hands of Corstiaensen himself, he being installed as Upper Hoofdt or Chief Commander. Next in dignity was Jacques Elckens, who performed the duties of Principal Commissary, and also acted as occasion required, as Deputy Commandant. '^ The New Netherland Company continued to forward ships to the Island of Manhattan, and the settlement at that place graduallv increased in extent and in strength ; dwellings were erected around the fort, and the entire settlement received the name of New Amsterdam. The officers to whom the management of the colony was entrusted, wortliily performed the duties of their trust. They directed the manifold details of business, and preserved the settle- ment in peace. Their wisdom was especially manifested in the measures they adopted toward the neighboring Indian tribes. They concluded a treaty of alliance and peace with the great Five Nation Confederacy, and by this step, a danger the most to be dreaded by the colonists, was warded off, and at the same time, the necessary facilities for the prosecution of trade were preserved and secured. The treaty with the natives was con- cluded on the most formal manner, and it is supposed that the Delaware or Lenape tribes were also present and assumed a peculiar character, at this solemnization.'" After a period, some attempts appear to have been made to- ward a farther extension of the colony ; it is asserted that between the years 1617 and 1620, settlements were made at Bergen, in New Jersey, in the neighborhqod of the Esopus Indians, and also at Schenectady. '8 These early advantages and advances seemed to open the way to future success. '• Gordon, p. C >^ Moulton. " Gordon, p. 7. '« Gordon, n. 7. 6 42 THE DUTCH CLAIM. But there were otlier pirciunstances of a diiTerent, and some ol a threatening cliaracter ; the course of the colonists was not to be one of steady prosperity. There was that in the nature of their claim to the country which rendered them liable to danger or difficulty, and difficulty from this source, was quickly experienced. Scarcely had the Dutcli become seated at Manhattan, before they were visited by a company of English. This body was under the direction of Captain Arjral, of Virginia; he had been on a voyage to tlie north, and in his progress, had attacked and dis- persed a company of French, wlio had setded at Port Royal, in Acadia. Argal was probably prepared for a similar attempt upon the Dutch, had any resistance been oflcred. He told tlic "pre- tended Dutch Governor," that he had a commission to expel him and all "alien intruders" on his majesty's dominion and territories. Corstiaensen was forced to submit himself and his plantation to tlie King of England, and to the Governor of Virginia, for, and under him. He also agreed to the payment of an annual tribute as an acknowledgement of the English title, but this agreement, as will hereafter be seen, was not adhered to by the Dutch. '^ Opposition to the claims of the Dutch was also maiiifested on other occasions, though not in a manner so decisive as that exhil)ited in the movements of Argal. At this lime the Nordiern Virginia or Plymouth Company appeared, to revive their claim. To this company the greater part of the couiilry cinbraccd in New Netlierhuul had belonged, before '• Plantagonel's Now Albion, Ilcylin's Cosmography, O'Callaghan's New Ncthcrland. Scarcely any cveiU in our early history has given rise to more discussion than the visit of Captain Argal to the Dutch settlement. The occurrence itsclthas been rjucstioncil by some, on the ground that nothing appears concern- ing it in the records of tin; Virginia colony, whilst the attack upon the French is repeatedly mentioned. Hut this negative circumstance cannot bo admitted as of any weight when opposed by positive evidence. The time of the visit has also been variously stated, and highly respectable authorities place it so early as 1(>1.1. Ii is certain that iVmn irdO to b'-LI, the cinuitry was frciiucntly visited by Ihitch navigators, and there is reason to suppose that the principal trading station was on the Island of iManhaltan. Hut tiicrc is nothing to show that there was any thing like a ])ern)anent establishment, and still less that there was any officer who could with any propriety, Ins called a " Putcli (Governor," prior to li'il I. when Corstiaensen established liimsolf, and erected Fort Arastcrdiuii. THE DUTCH CLAIM. 43 llie coming of the Dutch, and this claim hail never been lelin- ([uishetl. The Plymouth Company had been less successful than its Southern rival ; diil'erent attempts had been made to establish settlements in the country granted in their charter, but all had finally failed. But at this time an entirely new patent was granted by the king.-" It was given to the Duke of Lennox, Sir Ferdinando Gorges, and others, forming an association under the name of "The CouncU established at Plymouth, in the county of Devon, for the planting, ordering, and governing of New England, in America." To this company was given "all that circuit, con- tinent, precincts, and limits in America from the fortieth to the forty-eighth degree of northornly latitude." This grant was made without the least regard to the presence of the Dutch, al- though it included the Avhole of their settlements, and nearly the whole of the country they claimed. Almost at the very time of the execution of the grant above mentioned, a company of persons took possession of a portion of country embraced therein. This was a body of English Puri- tans. Persecuted in their own country on account of their reli- gious belief, they had fled to Holland, where a greater degree of liberty was allowed. But there they were not content, and their minds at length were turned toward a new land, where they supposed they might escape from the corruptions of the ancient world, and be at liberty to enjoy, and also to pro- pogate, the faith they professed. A proposal was made by the Dutch among whom they resided, that they should settle in the province of New Netherland, but this offer was declined by the English unless it could be taken with a condition, reserving the rights of their own nation, to the lands they should occupy. At length they procured a patent from the South Virginia or London Company. Their voyage to America was one of peril, and they had finally been compelled to land upon part of the coast far dis- tant from their point of destination, and where the patent they held would be useless and void. But they resolved to remain, and on the 20lh of December, 1G20, they began to erect dwellings at a ^' Dated in Xuvember, 1020. 44 THE DITCH CLAIM. place they calleJ Plymouth. Fortunately lor these settlers, their friends soon afterwards procured for them a second charter by which they were allowed to possess and enjoy a portion of ter- ritory connected with their settlement, under the authority of the great New England Company. The observer will perceive that in these movements the territory of New Netherland had not only been conveyed by a grant from the English sovereign, but that a company of Englishmen had actually entered within its limits, and taken possession. The New Netherland Company were also informed, as is stated in a memorial they presented to the government, that His Britannic Majesty was inclined to people the. aforesaid lands with English- men; to destroy the petitioner's possessions and discoveries, and to deprive the State of its right to these lands. 2" Nor was tliis questioning of title the only circumstance that occurred, unfavorable to the advancement of New Netherland. The charter of exclusive privileges tiuit had been granted to the New Netherland Company, had expired by its own limitation, and the government refused to grant a renewal. Special licenses were given to applicants from year to year, and an intercourse Avith the colony was thus kept up; but without the prospect of perma- nent benefit there was little to induce to farther improvement. The benelits of trade were opened to a larger number, but the colony began to languish for want of special and steady support. The danger and loss whicli might be apprehended from the .several causes that have just been mentioned, may have hastened a project which at tliis lime was meditated in Holland for forming u new and more exti'ndcd company. At this period the general interests of the country Mere in jeojiardy. The twelve years truce which had l)ci'n concludod with Spain was near its termina- tion, and hostilities might be expecteil to ensue. 'J'rade was embarrassed too, from the multitude of pirates ; they swarmed on every sea, and were so vigilant and active that it was by no means easy U) escape their grasp. Hence, a concentration of mercantile »■ O'Cnllaghan, p 81. It is Muted that Argiill, wiili a number of plautcrs, were prepariiiK to sctllo on the Ilmlson ut this lime. — Meson's Letter. THE DUTCH CLAIM. 15 energy ami wealth was proposed, as a means of aiding the country and delending commerce, and also of extending colonial interests. The plan being linally matured, a charter was granted by their High Mightinesses, the States General, on the third of June, 1621; the new body taking the name and title of " The West India Com- pany." This association may properly be considered as a national body, the objects contemplated in its formation not being such as related exclusively to any local or corporate interest ; to contribute aid and support to the republic was an important, if not a principal part of the design. Hence, beside the grant of an ample charter, the States General became bound to the support of the company, engaging to maintain and strengthen it " with all our help, favor and assistance, as far as the present state and condition of this country will admit." The States also became parties by direct participation, entering the company as members, and in like manner as other members, advancing a portion of funds, and sharing in the profit and loss. The charter of the company provided, that for a period of twenty-four years, no natives or inhabitants of these countries, unless in the name or by permission of this United Company of these United Netherlands should sail or traffic to, or on the coast and countries of Africa, from the Tropic of Cancer to the Cape of Good Hope ; nor in the countries of America, or the West Indies, beginning at the south end of Terra Nova by the Streights of Magellan la Maire, or any other streights or passages thereabouts, to the streights of Anian, as well on the North Sea as the South Sea, nor on any islands situate on the one side or the other, or between both; nor in the western or southern countries between both the meridians, from the Cape of Good Hope, in the east, to the end of New Guinea, in the west inclu- sive ; and whoever should presume to sail or traffic in any of these places, within the aforesaid limits granted to this company, should forfeit the ships and goods there found for sale, which being actually seized by the company, should be kept for their own benefit. The company were authorized in their operations in distant countries, to enter into contracts and alliances with the princes and natives of the land, and they were obligated to advance the 40 TUL Dl'TCU CLAIM. seltlenicnt ol ilicir possessions, encourage, population, and do every thing tliat niiglit promote the interest of those fertile countries and the increase of trade. They were also empowered for the pur- pose of protecting their trade and possessions, to erect ^ind garrison forts and iorlilications. They might distribute justice, preserve order, maintain police, and ailminister the general, civil, and military government of their transmarine affairs. They miglit appoint a governor in cliief, or director general, commanders, and all ofllcers, civil, military, judicial, and executive, who should take an oath of allegiance to the States, as well as to the company. But liaving chosen a Governor in Chief, and prepared his instruc- tions, he was to be commissioned, and his instructions approved by the States. The company were empowered to negotiate in peace, or war, though in case of war, the approval of the States must be given. When engaged in actual hostilities, the States were to give assis- tance with sixteen ships of war, and four yatchs, to be supported at the expense of the company, and to be commanded by an oflicer appointed by tlio joint consent of the company and the States. IJut the company were required to furnish unconditionally sixteen ships, and fourteen yatchs, whicli were designed " for the defence of trade and all exploits of war." The States Gene- ral contributed one million of guilders to the funds. " The government of the West India Company itself, was vested in a number of Directors, who were distributed into several separate Cliambers or Departments ; the Chamber of Amster- dam being the principal one.' Each one of these held under its control a certain proportion of the stock or funds, and operated within a particular sphere. A central body consisting of nineteen members was intrusted witli tlie superintendance of all the general interests :\m\ movements of the company. Considered as a means of strengthening the government, and of protecting and advancing commerce, the charter of liie West India Company may have been i)roperly (Unised. But notliing could be m»»re defective as :in instrument lor the pnnnotion ol eobmial "Hazard's Collections — Moullon's New York. THE nT'Tfll cr.AiM. 47 interests. It gave no security whatever to settlers. The wliole aiUlrority of government was entrusted to the company without aiiv restrictions ; and the government of mercantile companies is seldom either liberal in character, or liberally administered. Such companies are apt to consider political authority, merely as an instrument of securing pecuniary benefit, and no greater con- cessions will be made to the governed, than may seem to be entirely consistent with the principal object in view. The West India Association did not immediately commence operations under their charter, but during the interval, increasing activity began to be manifested, and a report was spread that preparations w^ere making for sending a number of vessels to New Netherland. These circumstances excited the jealousy of the New England Company ancAV. In December, 1621, the Earl of Arundel, Sir Ferdinando Gorges, and others of that body, pre- pared a remonstrance which they presented to the King, (James I.) complaining of the proceedings of the Dutch. In consequence, his majesty ordered, that Sir Dudley Carleton, his Embassador in Holland, should be instructed to make a proper representation to the States General, upon the subject. The Privy Council gave him instructions accordingly. They stated that his majesty's royal predecessors had, many years since, taken possession of the whole precinct, and inhabited some parts of the North of Virginia, now called New England, all of which countries his present majes- ty had in like manner granted inito particular persons ; neverthe- less, that the Hollanders had entered upon some parts thereof, and left a colony, and had given new names to several ports and places, and that they were now in readiness to send several ships there; whereof his majesty being advised, he had given his royal com- mand that the Embassador should represent these things unto the States General in his majesty's name, \iG,jureprimx occi/palionis, having a good and suflicient title to those parts, and that those ships should not be allowed to proceed, or any furdier altempts be made for the settlement of colonics. In obedience to orders, the Embassador demanded an au(]i<>nce of die States General, and presented a memorial upon the subject. The Dutch Government professed not to be in possession of ilic 48 THE nUTCII CLAIM. facts of the case, and upon bcino- ajSjain applied to, a dirortion ^vas given, that application should be made for information to those who were concerned in the trade to New Nethcrland,^^ Finally, as it is stated by most authorities, the Dutch Embas- sador in Enirland, disavowed on the part of his government, all concern in the acts that had been complained of.^' "-^O'Callaghan, p. 97. '"See Captain Mason's letter relative to the Dutch in New Netherland, dated April 2d, 1032. CHAPTER IV. NEW N E T II E R L A N D . OxE of the first attempts of the West India Company, was designed to give aid and support to the settlement in New Nether- land. The territory was formally erected into a proA'ince to be known and distinguished by certain armorial insignia.' The management of its affairs was assigned to the Chamber of Am- sterdam, this department having the direction of four-ninth parts of the wliole stock of the company. ^ In the year 1623 an expe- dition was sent out under the direction of Cornelis Jacobson Mey, and Adriaen Jorisz ; they were accompanied by a number of settlers, and were provided with articles for trade with the natives. Mey, the principal in command, had visited the country before ; he now touclied at the post upon the Island of Manhattan, but soon afterwards proceeded onward to the South, or Delaware River, wliere he designed to establish a settlement. He ascended the stream for several leagues, and selected a spot on the eastern bank, at a place called Techaacho, by the natives. It was near the mouth of the Sassackon, the most northerly branch of a stream, wliich afterwards came to be known by the names of Gloucester River, and Timber Creek.'' A work was erected here, which received the name of Fort Nassau, and the erection of this fort was tlie primary effort of civilized man upon the shores of the Delaware, with any view to actual occupation."* ' O'Callaghan, p. 99. * Agreement between the managers and principal adventurers of the West India Company. ' Miokle's Reminiscences, p. 3. * About the year IGlti, Capt. Ilendrickson had sailed up Uio Dehiware ns far as to the mouth ol" the ^?chuylkill, l)Ut no attempt was made to cllisct a settlement by him or by any others, prior to the present visit ol" JVIey. 7 50 NEW m;ihi;ula.nu. Tlie prusuculiuu ul inidc with the iKilivcf< was the iiiiincdialL' aim of the present undertaking, and for this purpose a body of men remained at the post; but history is ahnost silent as to tlieir further proceedings, and also as to the suljscquent movements of the Commander, Mey. In a sort of legendary way, the information is conveyed, that he succeeded in opening an intercourse with the native tribes, and that the communication between them was such, as to give rise to feelings of confidence and kindness. Either under the direction of Mey, or of the officers in the province at the time of his coming, another station was erected, nearly at this period, on the North, or Hudson River. In 1624, the Amsterdam Department sent out two ships to the colony, amply provided with stores. A Governor, or Director in Chief, was also appointed. The person selected for this oflice was Peter Minuet, a native of Wesel, in the kingdom of West- phalia ; and in one of the ships just mentioned, he arrived in the province. It would appear tliat tlie authority of Corstiaenscn, tlie first commandant in tlie country, had ceased with the dissolution of the company under which he had acted, but Elckens, his lieutenant, had continued in oilice under the direction of the "West India C'ompany ; tliis latter ollicer however, was superseded upon the appointment and arrival of the new Director. 'J'he coming of the Governor, and the accession to the number of settlers which then occurred, gave an appearance of stability and strength to the eelllement.'' In the government of the province, tlie general course of afiairs was carried on in accordance with instructions given to the oflicers by tlie Amsterdam Department. The (Jovernor, with the other oflicers, forming a council, constituted llie executive and legislative ' There arrivcil witli Director Miiiii(.'l,a number of persons known \ctween Hclgiuni and Franco, and had formerly applied to Sir Dudley Carletoii. iho En^li^h I'Linbawador at iho Hague, for leave to sctllo in Virginia. The ap- plicnlion was referred to tiio \'irginia Company, l>ul the conditions lliot were ofTcred by this comjiany n^'l lx.'ing ai>proved, the atlcnlion of ihc a]iplicanls wa.s turned to Now Nctlierland. Of those who came with Director Minuet, n number settled on Stnlcn Island, but afterwards removed to Long Island, and to a place culled iho WDhlo-Holch, since corrupted into Waiiabout. O'Callaghan, p. 101. NEW NETIIERI.AXD. 51 authority, and were also the sole judicial tribunal. The duties of the Governor were somewhat varied in character, he having the chief control in all military, as well as civil and criminal afiairs, and also a general superintendence in matters of trade. But his military duties could hardly have been onerous; the garrison at the dif- ferent forts consisted of scarcely more than a sergeant and his guard, and even these had but little exercise in their proper voca- tion. The colony was secured from danger by the alliance which liad formerly been concluded with the native tribes, and which yet continued to be faithfully observed. Nor was the business of a civil nature of much extent. There was no extensive range of aims or employments, and of consequence, but few occasions occurred requiring an exercise of formal authority. The action of government was nearly limited to a single object, the prosecu- tion and management of trade. The other officers of the province were those who had the im- mediate direction of mercantile affairs. The first of these, next to the Governor, was the Opper Koopman or Upper Merchant.'' He performed the duties of principal Commissary, and also of Book-Kecper or Clerk, and the first individual invested with these offices was Isaac de Rasier, a person who is represented as having been active and faithful in office, and who was also commended for his "fair and genteel l)ehaviour."'' The administration of Governor Minuet was highly successful, at least for a time. A title for lands was acquired from the natives, by treaty or purchase. The Island of Manhattan, whicli before had lieen held through favor, Avas obtained by purchase ibr the sum of sixty guilders.* The works at this place were extended, ilie fort was greatly enlarged, and its former name was confirmed. Here was the capital of New Netherland. The trade of the province was also prosperous, 'i'he articles exported from the colony, even in the first year, exceeded in value the amount of the imports, and in four years the trade had increased one-half, and the revenue derived from the country was greater than the expenditure, fully one-third. * Moulton's New York. ' Braclfonrs Correspondence. 52 NEW NETHERLAND. Only a single occurrence of an adverse or disturbing character took place at this period. Upon the passage oi some ships to the colony, one of them touched at Plymouth, in England, and was there detained. Her captain was ordered to London to appear before the Lords of the Privy Council, inasmuch as the place in America for which he was bound, was claimed to be comprehended in the grant made by his Britannic Majesty to divers of his subjects. This arrest was of far less consequence from its immediate effects, than from the disposition it manifested on the part of the English, to maintain tlicir claims to the country of New Nether- land. But no farther demonstration was made at the time. At an early period, a new channel of trade was opened by Director Minuet, by the establishment of an intercourse with the English colony at Plymoutli. Tliese settlers were the same that have already been mrntioncd as having passed over from Holland, and became establislied at Plymoutli, under a charier which had been finally ol)tained from the great New England Company. The English and the Dutch had remained in the country with scarcely more knowledge of each other than they had been able to acquire from the natives, who were in intercourse with botli, A more direct communication was now attempted by the peopb^ of New Netherland. Letters were sent to the Governor of New Plymouth, written by Isaac dc Rasier, from Manhatlas, in Fort Amsterdam.'' The writer, on beliidf of the authorities of the province, conirratulatcd the English colonists on account of their settlfinciii in tli(> counlry, and their prosperous condition, made a proposal for the maintainance of fricndlv intercourse, and an oU'er to engage to trade. To this overture the English soon afterwards returned a leno;thy reply. It was jnade in the name of "tl\e (Jovernor and Council of Plymouth, in New EuirJand," and Mas expressed in terms sulliciriitly courteous, 'i'hey professed a desire to live in amity, and a willingness to engage in trafllc, but they took occasion to intimate, and that with some plainness, that they did not • DatcJ March IJtli. ltVJ7, X. NKW NKTIIERLAND. 53 consider the claim ol' tlu'ir nciiilihors (o tl\o country of New Netherland, to be entirely valid and sound.'" They also re- quired that the Dutch should refrain from trading Avitli the natives, '" The answer of Governor Bradford and his Council. Dated March lOlh, 1027. " To the Honorable and Worshipful, the Director and Council of New Netherland. our very loving friends and neighbours. " The Governor and Council of Plymouth, in New England, wish your Honours and Worships all happiness and pro.sperity in this life, and eternal rest and glory with Christ Jesus our Lord, in the world to come. " We have received your letters, wherein appeareth your good will and friend- ship towards us, but is expressed with aver high titles, and more than belongs to us, or than is meet fo^ us to receive; but for your good will and congratulation of our prosperity in this small beginning oC our poor colony, we are miicli bound unto you, and with many thanks do acknowledge the same, taking it bolh for a great honor done unto us, and for a certain testimony of your love and good neighbourhood. Now these are further to give your Honours, Worships and Wisdoms to understand, that it is to us no small joy to hear that it hath pleased God to move his majesty's heart, not only to confirm that ancient amity, alliance, and friendship, and other contracts formerly made and ratified by his predecessors of famous memory, but hath himself (acity, and lli.it llio removal ol' Minuet was owing to stulo- inonts niude by Van Twiller, upon iiis return to Hollund. Hut no one circum- stuncelms l>een referred U>, giving cvideneeof the aj^eney of this person, either in the euMO of Minuet or iu any ocenrrenee in tiie provinee. jirior to the time of his present appointment. " The I'utroon \ iiu UenJelner "• Do \'ries. NEW NETHERLAND. (»3 lor tlic enjoyment of case anil tranquilily. At an early period after his arrival, the relations between the Dutch, and dieir neif^h- bors, the English, began to assume a threatening character. New England and New Netherland were brought together on the borders of the Connecticut River. The Dutch had been the first to enter this stream, and they were now disposed to take posses- sion of the country upon its shores ; an agent was despatched to pur- chase the land of the natives, and he was also ordered to cause a house or fort, for the purposes of trade, to be erected thereon. This was accordingly done, and the new post was named the " House of Good Hope." But the Director was presently informed, by letters from the English Governor at Boston, that the King of Great Britain had granted the whole of this country to sundry of His Majesty's subjects, and a warning was given to the Dutch to make no establishments within the limits of the grant. Van Twiller replied, that the demand of the English "seemed strange unto him," and he could wish "that His Majesty of Eng- land, and the Lords States General would agree concerning the "limits and parting of their quarters." He therefore desired that the "pretence or claim" to the country should be deferred until their respective Governments should determine concerning the same. But the English were not inclined to so careful a policy, and a favorable opportunity presented for an immediate assertion of the claim they had made. They were invited by some Indians to make a settlement on the Connecticut, and a company of per- sons from New Plymouth directly prepared to improve the occa- sion.-" A vessel was fitted out in which they ascended the river, and passed the "House of Good Hope" in defiance of the threats and demands of the occupants, and afterwards effected a landing and erected a house. Director Van Twiller made an earnest protest against this procedui-e, but the English commander onlv replied, that he was there "by the command of the Governor and Council of New Plymouth, and that he was determined to remain in the name of the King of England, whose servant he was." * The Indians here mentioned, were of tho Peqiiod Irilje, Ihcy had quarrelled with the Dutch at the "House of Good Hope," and in revenge, rcaolved upon favorina; tho English. 61 NEW NETHERLAND. The advantage which was thus secured hy the English, they were watchful to maintain, and the command of the sliores of the Con- necticut, was lost to the Dutch. An ineffectual attempt was also made by the English, to establish themselves upon the Delaware. A small party, under the command of Captain Holmes, proceeded to the vicinity of Fort Nassau, but they were arrested liy the Dutch, and sent back as prisoners, to the authorities at Manhattan. ^^ The administration of Director Van Twiller was not successful either in regard to the outward relations of the province, or the management of its internal affairs. Disorders prevailed in the colony, and economy was not the rule of the government. Some of the officers seemed rather intent upon enriching themselves, than promoting the interests of the company ; and the Director himself was not free from suspicion.-- At length complaints against his proceedings were made to the West India Company, and though he was defended by some of the members, it was finally determined that a change should be made. In 1638 he was superseded by the appointment of a new Director. His successor in office considered it necessary as a measure of justice to himself, to have a statement prepared, setting forth in full the condition of affairs, at the time of his arrival. The picture presented is by no means a favorable one.^'' "'•■ O'Callaghan, p. 170. " In the statement made byKeift,the successor of Van Twiller, it is distinctly asserted that tlie latter had undertaken diil'erenl works on account of individuals not of the company, and it is known that he had appropriated portions of lands for himself. The suspicion of want of fidelity is also strengthened by the fact, that after his retirement from olHce, he was active in opposition to the company, whilst serving as agent at Rcnselaerwyck. » yee this statement in New York Historical Collections, vol. 1, p. 274. CHAPTER V. NEW NETIIERLAND, NEW ALBION, ANI> NEW .SWEDEN. William Keift was appointed as the successor of Van Twiller on the 28th of March, 1638. The New Director was possessed of a good degree of activity and vigor, and the situation in which he was placed called for the exercise of his best capacities and powers. In addition to the un- favorable condition of afl'airs at the time of his coming to the pro- vince, he soon became embroiled with the native tribes. The harmony that had -so long subsisted between the Indians and the Dutch, was suddenly broken ; in the indulgence of a temper which was sometimes ardent to the verge of imprudence, the Director pur- sued a quarrel arising from the act of a single individual, until there arose a general war. Much property was lost, and many lives were sacrificed, in the course of a protracted contest. Besides these internal disorders, difficulties were increasing from without. The English settlers in New England were constantly advancing. Under the influence of forms of government which gave an equal measure of liberty to all, these colonists were inspired with life and activity, and in consequence were continually seeking to widen the field of action, and enterprize. " In their efforts for this purpose, a scrupulous attention to form, was not always exhibited. If the limits of particular patents were thought too narrow, they urged on their own behalf the rights of the great England Company, or claimed to have a sufficient warrant as the servants of the Kins':. The claims of the Dutch were no further regarded, than merely prudential reasons required. The very year of the arrival of Director Keift, a company had formed a settlement at a place which the Dutch called Roodeberg, 66 NEW NETIIERLAND. but to which the English gave the name of New Haven, and not- withstanding a strong protest from Keift against the procedure, they continued to hold possession. This circumstance gave much uneasiness to the Dutch authorities. Some time previous also, the English King had made a new grant, in which a large portion of the territory of New Netherland was included, and the holders of this grant soon afterwards appeared, to support their claims. At this time too, another people, the Swedes, were entering the country, and were seeking to secure posseesion, by purchasing lands of the natives, and erecting dwellings and forts. Beside the possession of the lands they occupied, the New Haven settlers attempted a farther acquisition. In the follow- ing year they despatched an agent, Captain Nathaniel Turner, who proceeded to the Delaware, and purchased a tract of land for plantations, on boUi sides of the river. The prosecution of this purpose is to be presently noticed. The new grant from the English King wliich has already been referred to, was executed prior to the period now under notice, being dated on the 21st of June, 1634. It was made iu favor of Sir Edmund Ployden, Knight, and certain associates. It may have been the design of the English King to convey at this time all the territory upon this part of the continent, not in- cluded in former conveyances, and in this manner to perfect or complete the English title to the country. The patent held by the great New Eiii>land Company, gave a title as far as to the fortieth degree of latitude; below this, the country had reverted to the English Crown, in consequence of the dissolution of the South Virginia C()ni|)uny. But a portion of the country that had be- longed to tlie Virginia Camjjany, had now been re-granted, having been iriven in tlio year 1032, to Ceorgc Calvert, Lord Baltimore, and this portion was fcrected into a separate province, called Maryland. The province of Maryland extended in a north- wardly direction, to the fortieth degree of latitude, and hence, in tiiat direction, canie into contact with New England. But, toward the east, Maryland did not extend to the Atlantic coast, but ran, for a part of the distniu-e, along the course of an inland ytrcaui, and of consetiuence, a portion ol territory was left, below the lorlii th degree, and between Maryland and the Ocean, that NEW ALniON. <'.7 was still ungrantccL' It may have been the ijitcntion ol' the English Sovereign (but this is only conjecture) to make a con- veyance of this remainder, in the grant to Sir Edmund Ploydcn, and his associates. 2 But whatever may have been the purposed limits of this grant, in the actual execution thereof, portions of territory were included, on the north, and on the south, that were also cm- braced in previous claims. The description of limits as given in the several authorities, is somewhat confused and uncertain. In the Patent itself, which is the authority most to be relied on, the situation of the Isle of Plowden, or Long Island, (which was included,) is first set forth, and the boundaries of the adjacent territory upon the continent, are then described. The outline of the latter portion is nearly as follows : Beginning at a certain point or promontory called Cape May, and running from thence forty leagues westward, pursuing the course of the Delaware for a time and then passing into Maryland, then, from its Avestern limit forty leagues northwardly, then, by a right line inclining toward the east, forty leagues, to the river, and afterwards descending, touching and including the top of Sandhccy, (Sandy Ilook,) to the promontory of Cape May aforesaid. Though there is here a want of precision, it is still sufficiently evident tliat there would be included within these limits a portion of terri- tory belonging to New England, and also a part of the province of Maryland. This encroachment upon adjoining grants is in- deed distinctly acknowledged by a principal authority,^ and it is explained and defended on the ground that the older grants 'From 1024, when the South Virginia Company was dissolved by Kiiiff James, until the grant was made to Earl Ploydcn, the portion of territory aliovc mentioned, was not included in any special grant; it consisted of that part of the present State of New Jersey that lies below the fortieth degree of latitude. * That the intent in the present case, was such as is here suggested, receives some support from the fact, tliat in the description of places, the Isle of I'loydon or Long Island is said, (though erroneously,) to lie "near or between the tliirty- ninth and fortieth degrees," a position which would nearly correspond with the actual situation of that part of the territory upon the continent, which remained ungrantcd. ' Plaiitagcnct's History of New Albion. 68 NEW ALBION. had been unfairly obtained, or as It is expressed, "were gotten on false suggestions. " Rut in regard to the claims of the New Netherland settlers, it was of little importance what were the limits of the present grant ; whether the English claim was every where the same, or not; whether doubled, or single, in any case, the title of the Dutch to the country was wholly denied.^ The grant to Sir Edmund Ployden and his company, was made in the amplest and fullest manner. The patent conferred upon him and his associates and tlicir heirs and assigns forever, the full right to all the lands that were mentioned and described therein. It constituted the said Sir Edmund Ployden and his associates absolute lords and proprietors of the same. It also provided "in order that the said region might outshine all the other regions of the earth, and be adorned with more ample titles, that the said region should be incorporated into a province to be nominated and called New Albion, or the province of New Albion, to be and remain a free County Palatine, in no wise subject to any other." Sir Edmund was constituted County Palatine, with the title of Earl Palatine of Al])ion, or of the Province of New Albion in America. The Earl Palatine was empowered to make whatsoever laws might seem best, whether concerning the public estate of the province, or the private utilily of individuals, with the counsel, approbation, and assents of the free tenants of the province or tho major part (if iliem wlio should be called together. But, it was further provided, tliat as it miglit often happen that there would be a necessity to provide a remedy in a number of cases before the free tenants could be assembled to make laws, the Earl Pala- tine and his heirs and successors, should have authority to make "fit and wliuk^somo ordinations, as well for keeping the peace as for liie better government of the people, provided however, that such ordinations shoidd be consonant to reason, and not repug- nant to the laws, statutes, and rights, of the kingdom of England and Ireland, and so that they did not extend to the right or interest of any person, or persons, of, or in free tenements, or the taking, distraining, binding, or charging, any of their goods or chattels," 'Even thiit jiortiou of country which fur u liiiK' hsul rcinaincil ungrantcil, coiitiiiui.'il ill tlio iiiU-rvnl to Itv riiihjcct tq tliu Urilish Crowu. NEW ALBION. 69 It was also provided that all persons should he allowed tf) travel for the purpose of inhabiting in New Albion, and to carry all goods, wares and merchandize, to be shipped and transported, without any imposition, su1)sidy or custom, only with a license from the King's Treasurer; so also, all goods and mci'chandize whatsoever, from the province might be taken to any part of the kingdom, and disposed of without the payment of any tax, sul> fiidy, or custom whatsoever, provided however, that this immu- nity should only continue for the space of ten years. Further- more, no imposition, custom, or taxation should be imposed at any time hereafter upon the tenants or inhabitants of the province or any lands, tenements, goods or chattels, or in, or upon, any goods or merchandize within the province.'' The Earl Palatine exerted himself to effect a settlement of his province. It is indeed said in the patent, that the said isle and region had already been " amply and copiously peopled with five hundred persons," but if such a population existed at that time the particulars of its history are entirely lost. But there is evidence that at an early period after the charter was given, an attempt was entered upon to establish a colony. An as- sociation was formed composed of Lords, Baronets, Knights, Merchants and Planters, in all, forty-four persons, and this com- pany engaged by indenture to send out "three thousand able trained men," and sctdc them upon the Palatine's domain. In the year 10 tl, the Earl made an attempt to carry out the projected plan, and for its better success, attended the en- tcrprize in person. He conducted a company into the province, though it would seem that but a small part of the promised number of men, were in actual attendance. Either from the ' Sec New Albion Patent in Hazard's Collections. Penington, a late writer, in an article given in the Mcinoirs of the Pennsylvania Historical Society, vol. 4, has attempted to discretlit this instrimient, representing it as spurious, or at least as open to doulit and suspicion. But this writer exhibits, on most occasions, n. singularly sceptical temper; ho resolutely disputes what most other authorities readily admit The instrument in question is vagitc, and sometimes incorrect, in description, and it seems to have suficred from a most faulty translation, but it contains snch evidences of authenticity, and is supported by so much collateral proof, that it cannot bo wholly rejected. 70 NEW ALBION. smallncss of his force, or from somo other cause, the Earl did not succeed in his endeavours to establish a settlement ; but he remained in the country, and engaged in exploring his province. The whole extent was divided into several manors, and these being dignified with avcII chosen names, served to give tides to each member of the Earl Palatine's family.*^ Almost at the same time with the arrival of the Earl, a company of persons entered the province, with a view to effect a permanent settlement therein. This was the body sent out by the New Haven Colony to take possession of the lands upon the Delaware that had been purchased by Captain Turner, as has heretofore been mentioned. They were instructed to act in close connexion with the mother colony ; they were to plant the lands and engage in trade, and were also to establish churches in gospel order and purity. The company consisting of near fifty flimilies, sailed in a vessel belonging to one Lamberton, a merchant of New Haven, and Robert Cogswell was commander. They touched at Fort Am- sterdam on their voyage, and the authorities at that place be- came thus apprized of the nature of the object they had in view. Governor Keift was too much alive to the movements of the English, to allow him to look with indifference upon the present attempt, and he at once protested against it.'' The English Com- " Plantagcnct's New Albion, Barclay's Sketches, Mickle's Reminiscences. ■■ [Protest.] "I, William Keil\, Director General, in behalf of the Hish and MiRhty LorJs of the Slates General of the United Provinces, of his Highness of Oranijc, anil the Nubl e Lords Directors of the Privileged West India Com- pany, residing in New Ncthcrland, make known to you, Robert Cogswell and your associates, not to build nor plant on the South River, lying within the limits of New Ncthcrland, nor on Uic lands lying along there, as lawfully be- longing to us, by our possessing the same long years ago, before it was fre- quented by any Christians, as appears by our forts which we have thereon, and also the mouth of the rivers sealed with our blood, and the soil itself, most of which has been jmrchased and paid for by us, unless you will settle under the Lords, the Stiitcs and the noble M'esl India Company, and swear allegiance and become subject to them as the other inhabitants have done. Failing where- of wo protest against all damages and losses that may accrue therefrom, and dcHtrc to bo holdcn innocent ihreof." NEW ALBION. 71 inaiulcr replied that it was not their intention to settle under any government, if any other place could be found, but that should they settle within the limits of the States General, they would become subject to the government. The company then proceeded. They finally reached a place which they selected for a settlement not far from the Delaware, on a small stream called Varcken's Kill.8 "Whether these setders were at all aware of the rights and claims of the Earl Palatine of Albion, at the time they entered the province, is unknown. But finding him in the country as the holder of a grant from the English Crown, they were ready to submit to his rule, and hence upon being visited by persons com- missioned by the Earl, they swore fealty to him, as the Palatine of Albion.3 But the company had not long been setded in their new situa- tion before they found themselves in need of the aid and protection which their present ruler was in no condition to give. Their settlement had been observed by Jan Janssen Van Ilpendam, the Dutch Commandant, who resided on the Delaware at Fort Nassau, and information of what was passing was soon transmitted to the Director at Fort Amsterdam. Keift immediately ordered that two vessels should be prepared and despatched to the Delaware, with orders to visit the English and to reduce or dis- perse the colony. This order was speedily obeyed ; the Dutch made an entrance upon the settlement, took possession of the goods, burned tlie houses, and detained a number of the people as prisoners. • The Swedes who were established upon the Delaware gave aid and assistance to the Dutch in this attack upon the English colony.'" ' Otherwise called Hog Creek, now Salem Creek. " Plantagcnct's New Albion, Barclay's Sketches, Micklc's Reminiscences. '" The English account of these proceedings is as folio as: "That by their agents they had duly purchased of the Indian Sachems and their companions, several tracts or parcels of land on both sides of the Delaware Bay or Kiver, to which neither the Dutch or the Swedes had any just title, yet without any legal protest or warning Monscre Keift, the Dutch Governor, sent armed men in 1642, and liy force and in an hostile way burnt their trading houses, seized and for some time detained the goods in it, not sullering their servants so mucli us to 72 NKW ALniON". After ft period, ;in attempt way niatlc from another dircc- lion, for the purpose of establishing a colony within the province of New Albion. The storm of political agitation wa:? now arising in England, and its violence had already become such as to shake the State and the Throne. The minds of men were ill at ease, and such as were dispo.sed to seek tranquillity and peace, rather than to share in the danger, the Ldory, and the guilt of the coming strife, were anxious to find an asylum in some distant land. A number of "Knights and Gentlemen" who were thus disposed, associated together and ehose one of their company to visit llie English jdantations in America, and select a place for a settlement. The individual chosen for this purpose was Beauchamp Plantagenet. He proceeded at once upon his errand, and after extensive travel in the several colonies, linally fixed upon tlie province of New Albion. He made application to the Lord Governor then in the country, and obtained under tlie seal of tlie province, a grant of ten thousand acres of land. This tract was called the Manor of Belvill. Some time afterwards, Plantagenet returned, in order to attend the removal of his companions, and nearly at the same time, the Earl Palatine also departed from the province, being obliged to return to EngLind for aid and supplies." Upon their take a jxist inventory of ihcm; he al:50 seized their boat, ami fox a while kept their men prisoners. That the said Dutcli Governor compcUeil Mr. Lambcrlon, .their agent, to fjive in at the Manhattans, an account ol what beavers he haJ traded williin New Havej» limits at Delaware, and to pay recognition for the same. That John Johnson, (Jan Janssen Van Ilpendani,) the Dutch agent, with the Swedes IJovcrnor at the Delaware, charged Mr. Lainberton, as if ho had ploUcd wiih the Indians, to cut tlieui oU". A capiUil crime, for which they imprisoned and Uied him, but could bring no proof to satisfy themselves who botli accused, and sal as judges, yet they set a lino upon liim, for trading within New Haven hniit« there.'' Hazard's liegister, vol. 1, i>. 17. This statement is liardly correct in regard to the want of any protest agauist (he proceedings, the piotesl lisia l)ccn given. " In Wintlirop's History it is stated, that in IlilH Sir Edmund I'loydcn arrived at Ijoston, on his way to England, and that he had benn in Viii^inia seven years. Il is possible that the Earl may really have been in Virguiia during his visit, though a consider.ilile part of the i>eriod of liis sojourn was spent ill his own province. See upon this point, and also lor general remarks re- s|M hvcn, lo prnvnit tho ndvancoinent of others, it was scarcely re- <{uir('il townrd llio Earl Pnlatinc of All)ion. If possessed of any ;il)ililv, lie was little disposed to a hostile movement in opposition to the Dutch. In their late aggression the blow had been aimed at New Haven, rather than New Albion, and in addition to this, the Earl was less apprehensive as to the principal actors in the move- ment, than as to their accessories. He is reported to have said "that he Avould have no misunderstanding with the Dutch, though he v.'as much oflcnded with, and bore a grudge against the Swedes."'"' The latter people had taken full possession in a part of his province, and were likely to remain, and to obtain assistance in repelling their encroachments, was a principal object with the Earl, in his return to Europe. The establishment of the Swedes upon tlie Delaware is a point to be considered. The Swedish nation had not participated in the early discove- ries in America, or in the first attempts to establish settlements. But they were a hardy and vigorous people, and were alive to the stir, and the stirring influences of that eventful period. The ad- vances made by other nations in the New World, had not passed unheeded, and at this time their attention was particularly directed towards the movements and successes of the Dutch. William Usseliux, a Hollander, who had settled at Stockholm and become an eminent merchant there, had, from a connexion in business with the Dutch West India Company, acquired a full knowledge of the plans and proceedings of that body, and of the advantages cither derived or expected from the colonial establishments in New Netherland. Usselinx was led to conceive that it would be to the interest of the Swedish Government to encourage a similar enterprize, and he finally proposed his views upon the subject, to Gustavus Adolphus, the King.'"" His suggestions were favorably " Hartgcr's Beschrijvingc Van Virginic and Niew Ncdcrland. " Usselinx urged in support of the measure that " the christian religion would by that means be planted amongst the heathens, — that his Majoslv's dominions would be enlarged, his treasury enriched, and the pcople'.H burdens at home diminished. That it would produce to the country many positive, ad- vantages, and a very profitable trade, and that the Swedes possessed all the mcan^ for carrying it on to advantage." Clay's Annals, p. 14. 76 NF.W SWEDEN. received by the Sovrrcio-n, nnd measures for tlie prosecution ol" the plan were imnietliately adopted. But the occurrence of war, and the sul)sequent death of the King, together with other un- favorable events, prevented the pursuance of the design, at" the time, or in tlie manner proposed. '^ Yet it was not forgotten, and after a period it was again brouglit forward and urged upon the notice of the Swedish Government. The principal mover in this new effort was a person who, in the course of his past experience had acquired a degree of knowledge in relation to such an attempt. This individual was Peter Minuet, the former Governor of the Province of New Netherland, but who, as has already been noticed, had been recalled from his post. Either from a feeling of resentment against his former employers and a desire to estab- lish a rival interest, or from attachment to the country in which he had resided, and a desire to return there, or it may be merely '» Under the favor of Gustavus a company was established with power to trade to Asia, Africa, and the Straits of Magellan. The plan was made known in an edict issued liy the King on the 2d of July, 1626. Hartc in his life of Gostavus says, that the scheme for the estalilishinent of colonics in the West Indies greatly delighted the senators, and that many persons suhscriljed liberal- ly and readily, in conformity to the example of the King, and Campanius mentions a number of persons including princes, nobles and principal olllcers, who were subscribers to the plan. Kudman further states, that ships and all necessaries were provided, and Hartc asserts that "a little Swedish sciuadrou" actually sailed for America, but that " the Spunairdfi contrived dcxtrously enough to make themselves masters of it." ( 'ampanius also makes a similar statement, and adds, that tlie ships had bien stojiped by the Spaniards, in order to favor the Poles. and the Empe- ror of f Jermany, then engaged in a war with the Swedes. To what precise point the und( riaking was carried, it is not easy to determine, but it seems to 1h5 decided that it was not then brought to linal completion. Campanius indeed narrates, that America was visited and seUled by the Swedes in the reign Gustavus, and several authorities have followed him in the statement. But il l»cst authorities agree in iho conclusion, that no settlement was made until il following reign, and that if any Sweiles were in America at an earlier pcrin.l il could only have Iwen a few individuals, who had adventured with the Dutch. See Clay's Annals, O'Cailaghen's New iVetherland, (iordon's IVew Jersey, Mickle'rt Reminiscences, W hitehcad's East Jersey, and I'erris's Settlements on the Delaware. ?{f.W SWEDEN, 77 iVom a lack of oiliov employment, Minuet had sought the patron- age of the Swedes, and strongly recommended that a colony should be settled in America. He also designated as a proper situation, the South or Delaware River. '^ The projected under- taking was warmly approved by Queen Christina, who had suc- ceeded to the Swedish Throne, and through her favor, and the patronage of Oxersteirn, the Chancellor of the Kingdom, Minuet was enabled to carry out his design. An expedition was fitted out and committed to his care, furnished Avith all the necessary stores and with articles of merchandize, intended for traffic with the Indian tribes. A company of settlers was also carried out7 The expedition arrived in the DelaAvare early in the season, in the year 1638, and the emigrants landed at Inlopen, (otherwise called llindlopen,) on the western side of the bay. Presently after the arrival of the Swedes, they were visited by some of the Dutch who resided on the Delaware, to whom the Swedish Commandant stated, that he had entered the river on his way to the West Indies, to procure supplies, and that he should presently depart.'^ But instead of leaving the Delaware, he as- cended the stream, and selected a place for a permanent settle- ment; the situation was on the borders of a stream which was called Christina, and a fort was immediately erected, which was also named Christina, in honor of the Queen. After having thus secured himself in the country, Minuet opened a communication with the neighboring tribes of natives, and purchased from them ail extent of territory reaching from Inlopen to the falls at San- tickan, and as far inward in breadth, as the settlers might require. At this time no land was acquired on the eastern side of the Delaware Bay or River, but not long afterwards a portion of country was secured on that border, in a manner, and for reasons to be noticed hereafter. "'■ Riulman states, from infonnalion given by an ancient Swede, that Minuet "prolitini^ l)y his knowledge of the country, went to Sweden, and informed tlic princi[(al persons tliat the Dutcli had settled on the at-st side of the Delaware, but that the whole of the loesttrii side was unoccupied, except by the Indians. He urged a settlement there, and oflercd to conduct the enterprise." Clay's Annuls, p. 10. " O'Callaghcn, p. 189. 7R NFW SAVFPKN. Tlic Swcdrs had tlnis pupcecded in cffecling a settlement in \ho oonntry, yet tlicir situation was such as to expose them to no little ditliculty. They had placed themselves upon lands that were siili- ject to other, and older claims, and hence, at the very beginning of their course, they were met by opposing interests. Both the English and the Dutch asserted a right to these same lands. This fact was not unknoAvn to the Swedes, though they may not have been apprized of the particular nature, or the full extent of the claims in question. The English claim Avas two-fold in character, or kind, first a general right, founded upon the ancient ground of prior discovery, which right was vested in the Crown; secondly, one of a special nature, based upon such specific grants as had been made by the Sovereign, either to bodies, or to particular persons. The former of these, however, according to Swedish historians, had been fulh' ceded by the English King. These historians relate that some time prior to the advent of the Swedish colonists, application was made to Charles, the English King, and that he then renounced the claim of his nation, in favor of the Swedes.'^ But the dcolaration of the Swedish historians upon this subject, is without support, no such treaty as is here mentioned is known to exist, and the evidence of its having been ever concluded, has not been produced. But it is in any case dear, that some time previous to the coming of the Swedes, the country upon Avliidi they entered, had been conveyed by the English King, in the fullest manner, to some of his own subjects. According to the liest authorities, the arrival of the Swedes was in 1038, and in 10.32 Maryland had been granted to Lord Baltimore, and in 1031 New Albion was given to Sir l''dnuiiul Ployden and his associates, and these provinces included the whole of the country, afterwards occupied by the Swedish settlers. So far as an English right was concerned, the conveyances to Lord Baltimore and Earl Ployden were conclusive against the Swedes, iniless it could be shown ihat f /in/ were in possession of an earlier grant from the Englisli King, and this as ahcady remarked, has not been shown, ll has not " The (Into of the transaction is dilTcrcnlly pivoii. Acrclius says that it was in \pear to have erred in the other particular. Most writers represent the righljs of the Swedes as being acquired by purchase from the na- tives of llic country." Letter to the Author. NEW SWEDEN. 81 Minuet was careful to follow up the advantages that had thus been gained ; he employed himself in extending the limits and strengthening the interests of the colony he had planted. Trade was opened with the natives, and at different places " the arms of the Crown of Sweedland" were erected, in token of Sovereignty. The province was said to extend "from the borders of the Sea to Cape Henlopen, in returning south-west towards Godyn's Bay ; thence towards the great South River, as far as the Minquaas-Kill, where Fort Christina is situated; and thence again towards South River, and the w^hole to a place which the Savages call Sankikan." It was thirty German miles in length, and in width, "as much of the country as they chose to take." To this province the name of New Sweden was given. At an early period the attention of the Swedish Government began to be directed toward this new possession, and measures were concluded upon, to strengthen the colony, and to place it upon a durable basis. According to the policy adopted by the Government, the management of trade, and the internal affairs of the province, were committed to associated bodies, whilst the prin- cipal sovereignty and the direction of the general government, w^ere retained by the Crown. A body known by the name of the Navigation Company, became invested with the right of property in the soil of the province. ^s The character and object, of this company were similar in many particulars to those of the West India Company of Holland, though its political authority was far less extensive ; in fact, it had little concern in matters of govern- ment. All the officers of the province were appointed by the Sovereign of Sweden, who also prescribed their duties, and gave all instructions for the administration of public affairs. In the year 1640, several companies of emigrants departed from the mother country for New Sweden, and a license is on record, given to Jacob Powelson for a vessel commanded by him, and which was departing for the province, laden with men, cattle, and other articles for the cultivation of the country. ^'^ ■' It is not certain whether the Navigation Company became possessed of a title to the whole of the land in New R%veden, or only to certain portions. "* Gordon, p. 11. 11 82 NEW SWEDEN. In the same year a charter or grant was given to a company who were about to establish a colony in the vicinity of Fort Christina ; by the conditions of this charter, the grantees became possessed of privileges and powers similar in most respects to those held by the Patroons in New Netherland. The Dutch authorities on the Delaware and at New Amster- dam, with an apathy that contrasted strangely witli their previous activity and promptitude, made no opposition to these movements of the Swedes ; on the contrary, a number of Hollanders actually settled within the limits of New Sweden, not far from Fort Christina, and submitted themselves to the government of the province. These settlers were received with a degree of favor, they were placed in the charge of Jost De Bogart, who had been commis- sioned by the Queen of Sweden as an Agent or Superintendant at Fort Christina,*^ Whether the forbearance of the Dutch at this period may be attributed to necessity or to choice, it gave an opportunity to the Swedish Commandant to strengthen and establish the settlement. This advantage was not neglected by Minuet, and an occasion presently occurred which led him to attempt a further extension of his bounds. In 1G41, the English colony detached from New Ilavcn, arrived on the Delaware and cirected a settlement at Varckcn's Kill, as has already been related. The near approach of these settlers excited uneasiness in New Sweden ; they were likely to prove rivals in trade, and might also prove rivals in power. Minuet was desirous to avert the danger. The lands that were occupied " The chanictrr and iK>sition of this officer is somewhat uncertain. Ho has Honictimos been represented merely as the "Director of all the Hollanders who had settled in New iSweden." That he had a special relation to these settlers, is certain, but he npi>ears to have been charged with other duties. He was re- quired, and had enpaged "to aid by his counsel and actions, the jTcrsons who are at Fort Christina and those who may afterwards \n> sent there from Sweden, and to procure as occasion may present, whatever will l>c most advantapeons to her Majesty and the Crown of Sweden, and nioreover, was to let no oiiportimity pssn of sending information to Sweden which may be useful to her Majesty anulalii)n i)f treachery, except the apparent iiuielude of the Dutch. 104 NEW NETHERLAND. to make a decisive vindication of his claims. Hostilities were not to be entered upon without the assent of his superiors, but this assent was readily gained, the West India Company trans- mitted an order directing the Governor to "revenge their wrong, to drive the Swedes from the river, or compel their submission."" Stuyvesant prepared to obey the direction; he collected a force of seven vessels, with more than six hundred men, and assuming the command in person, departed for the DelaAvare. In September, 1655, the squadron arrived, and the Commander directly presented himself before Trinity Fort, and demanded a surrender. Resis- tance against such a force would have been fruitless, and honor- able terms of capitulation were granted. Not long afterwards Christina fell in a similar manner. '* The Island of Tennekong was next approached, and Gottenberg the fort, with tlie Governor's residence, and all the improvements on the Island, fell into the hands of the conquerors. New Sweden was completely subjugated, and the change of condition that followed, was quietly submitted to. No measures of active resistance are known to have been taken, either in the province itself, or by the government of Sweden, excepting only the publi- cation of a protest, in the following year, by the Swedish Em- bassador at the Hague.'" But this declaration was productive of no effect. The province was lost. "Bancroft, vol. 2, p. 297. " For the terms of surrender, sec Acrelius. Tliey arc also given in full in Fcrris's Settlements, p. 91. '^ [Protest.] "The underwritten resident of 8\veden doth find himself obliged hy exj)ross order, to declare unto their High and Mighty Lordships herewith, how that the Commissioners of the West India Company of this country in the New Netherlands, now the last summer did unexpecfodly assault hy force of arms the Swedish colony there, takinir from them their Ibrls, and drove away the inluil>il;ints, and wholly dispossesed the Swedish Company of their district. It is true and without dispute, that the Swedish Comjiany did acquire optinio titulo juris that part whidi they possessed, and did buy it of the natives, and consequently had possession of it for several j'cars ; without that the West India Company of these countries did ever pretend any thing. Wherefore the said resident doth not doiiht hut th(^so hostilities will very nnich displease their High and Mighty Lordships, and doth desire in the name of his most Gracious King NEW NETHERLAXD. 105 The attempt of the Swedish Government to settle their people before any assurance had been gained of a right to the territory they entered upon, was hazardous and unwise. If some feeble attempts at negotiation had been made with the previous claimants, there is nothing to show that any positive agreements were ever concluded with them ; no such agreements were afterwards urged ; the Swedes defended their claims entirely upon the ground of the native right; even in their last protestation, they set forth their title as being derived "optimo titulo juris," a purchase from the natives. But this had never been acknowledged by European nations as giving a sufficient right, and in the present case, it had also passed, to a great extent, into other hands. Beside their first and principal error, the conduct of the colonial authorities was not such as was favorable to a quiet establishment in the country. Minuet treated the protest of the Dutch with utter disdain; Printz was imperious and provoking, and Rysing, in the face of positive instructions to the contrary, entered upon a course of actual hostilities. As has been well remarked. New Sweden took the sword, and it perished with the sword. '^ Arrangements were immediately made by Director Stuyvesant for the government of New Sweden. Before his departure from the Delaware, he placed a Commissary in temporary command, but on his return to New Amsterdam, he gave a commission to John Paul Jacquet to be Governor ; he was instructed to take care of trade, and keep order among the people. He chose Fort Casimer for his residence, and Andrias Huddc, the former Commissary at Fort Nassau, was appointed his Counsellor.'* During these proceedings on the Delaware, events had occurred in another direction which now required the attention of the Director of New Netherland. It has been seen that the provi- and Loril, that their High and Mifihty Lordships would be pleased to take some speedy order for the redressing of such unlawful proceedings, as the justice, the mutual amity between both nations, and the consequence of the business require, and is expected from their high wisdoms, whereby the Swedish Company may be restored undcmnificd. H. Applkuoom. "Done at the Hague the 22d March, 1656, (N. S.)" " Fcrris's ycttlemcnts. " Acrclius. It 106 NEW NETIIERLAND. sional treaty which was concluded in 1650, between the English and the Dutch, had failed as a measure of peace ; indeed it had proved, in regard to some of the colonists, an occasion of increased offence. And besides the causes of disunion which that agreement was designed to remove, there were others of a difterent character, and entirely beyond its scope. The two nations were not only adverse in interest, but were also totally unlike in their institutions and character, and dispositions unfavorable to harmony, if not actually cherished, were yet rapidly increasing in strength.- Their European connexions also had become unsetded, and in 1652 open hostilities broke out between England and Holland, a cir- cumstance which could hardly fail to give greater intenseness to the feelings of the colonists. Beside this, a rumor became preva- lent that the Dutch had engaged in a plot with tlie Indians in all parts of the country, for the purpose of destroying the entire population of New England. The intelligence of the agreement was derived from the Indians themselves, aud under the circum- stances of the time, when much irritation already existed, the rumor was readily credited. It was also supposed to be strengthened by an additional circumstance. The Governor of New Netherland directed a letter to the several colonies of New England, proposing that neutrality should be observed between them and the Dutch, during the continuance of the war in Europe, unless positive orders to the contrary, sliould be given. This proposal was regarded as an evidence of treachery, rather than as showing a desire for peace. Alarm was excited among the English settlers, and a special meet- ing of the United Colonies was called, m liich accordingly con- vened at l$oston, in May, 1653. After examining the evidence in regard to the designs of tlie Dutcli, a majority of the Commissioners ilcdared tliemselves in favor of war. IJut Massachusetts, the strongest, but most renion- of tlie colonies, cither in the exercise of a sounder judgment, or from a feeling of greater security against the menaced attack, re- fused to resort to hostih; proceedings. At the suggestion of her (h'|)Uties, a person was despatehed to the (Jovernor of New Neth- erhind, to demand from liiin an explanation of his conduct and course. l'|)on the reception of the messenger, Stnvvrsant expressed NKW \ETHERT.AND. 107 himself in relation to his errand, and the charge that was made, in terms of the greatest indignation and warmth. He asserted his innocence and rectitude ; he had songlit, he said, nothing but peace and good neighborhood, yet if he must be driven to ex- tremities, he had confidence that a just God would enable him to stand, in making a righteous defence. His reply Avas reported at a second meeting of the Commissioners of the Colonies, and was declared to be evasive, and not satisfactory. The majority again resolved upon war, but the deputies from Massachusetts persisted in dissent, and the general court of that colony upheld tlieir representatives, and even went farther. It was resolved, that no determination of the Commissioners, though all should agree, should bind the colony to engage in hostilities. Disappointed of the aid they expected to receive from their principal confederate, the remaining colonies were prevented from the prosecution of their purpose. But Connecticut and New Haven resolved upon seeking assis- tance in a difierent quarter. Cromwell, who had acquired the principal control of affairs in England, was actively engaged at the time, in urging hostilities with Holland, and to him application was made. '3 Falling in with his present designs, the application " [Extract from the letter of William Hooke to Lord General Cromwell.'] "The bearer hereof, Captain Astwood, a man very desirable and useful amongst us, can acquaint your Lordship with our affairs, and the tottering state of things in these ends of the earth, where the lines are fallen to us, concerning wliich I have written to you in a letter dated, I suppose, about a month before this, which I hope will come to you. Briefly, whereas our Four Colonies, The Bay, Plymouth, Connecticut, and New Haven have stood combined by a solemn agreement, for which many prayers were put up to Heaven, and many thanks returned to God, when it was elTected, and which hath continued inviolate for the space of ten years to the terror of our enemies, whether Dutch or Indians ; it is so, that the late treaty of the Commissioners for the aforesaid colonies, (of whom tliis bearer was one,) concerning the undertaking of a war against the Dutch, hath afler several agitations and discussions of the point, occasioned the Bay to desert us, (a colony near equal in greatness to the otlier three,) and to break the brotherly covenant, refusing to join in a military cxpcdilion against the Dutch, and lately against the Indians also, fri)m whom we have received much injury and contempt. The truth is, the dccliners fear their own swords more tlian the Dutch or natives, or the displeasure of the State of EnirJand, concerning that if tlie sword be once drawn it will bear rule no less in our 108 NEW NETHERLAND. was favorably received, and a squadron was sent over to aid and support the colonists, and instructions were given to the comman- der to address himself to the Governors of the several colonies, and request their concurrence. But a peace was soon afterwards concluded between the belli- gerents in Europe, information of which was received in New England than in yours, and so the magistrates in the general court in the Bay, fear that they shall bear the sword in vain. In the mean time we are like to feel the sad effects thereof, for great discontents are risen in the minds of many, who arc willing to shake off all yokes, and utterly averse to pay the vast charge of the late long fruitless Comuiissioners. A language of mutiny and sedition, and of renouncing the present authority, is heard amongst us, whereby we are endangered as well from within as from without our selves, and great fractures and disjunctures are threatened, and tlie great changes hastening upon us whereof Mr. Cotton spoke on his death bed, upon occasions of the comet, which shincd many nights during his sickness, and extinguished about the time of his dissolution. Trade is obstructed, commodities (especially clothing,) very scanty, great discouragements upon the most if not all. It is strongly apprehended by the intelligent among us, that our cure is desperate if the Dutch be not removed, who lye close upon our frontiers, so that we and our posterity (now almost pre- pared to swarm forth plenteously) are confined and strengthened, the sea lying before us, and a rude rocky desert unfit for culture, behuid our backs. Our danger also from the natives is great, to whom these ill neighbors have traded and still do, multitudes of guns, with powder, shot, and weapons which the English have always refused to do, and by means of this damnable trade, (as the Dutch Governor liimsclf calls it,) this earthly generation of men, whose gain is their God, are grown very gracious to the barbarians and'have them at command as an armed people, prepared (if we enterprize ought against the Dutch) to assault the English. But I am unwilling to detain your Lordship any longer with my lines, the Captain knowcth how to supply my defects, and is indeed a fit man to be employed in service against the Dutch, if we come not too late, and if also ytmr Lordsiiip would be pleased to procure two or three frigates, to bo sent for the clearing of the coast from a nation, with which the English Cjinnot either mingle or easily sit under their government, nor so much OS live by, without danger of our lives and our comforts in this world. And if those men might be dislodged, it would contribute much to the cure of our in- testine discontentii, which arise principally from our not entcrj)rizing against these earthly minded men. Yet if withal, your Lordship, by your letters, or the parliamentary power interposing by their authority, or both, .shall connnand tjuietncss among ourselves and suiijertion in the people to the highest powers throughout the several colonies, and also command assistance to be afforded by the Bay to the other three colonies, in case of war against the Dutch, it may please the Lord to heal our breaches and prevent distempers, and to cause us NEW NETHERLAND. 109 England soon after the arrival of the fleet, which was thereupon recalled. In consequence, the designs of the English against New Netherland, were once more suspended. In the treaty concluded at this time, there was no express stipulation in reference to the colonial possessions belonging to the parties ; it only provided in general terms for the restoration of peace throughout the dominions of each. But the withdrawal of the armament that had been sent by Cromwell against New Netherland, seemed to imply a concession, not only in favor of the claims of the Dutch to the country, but also, that these countries were included on the terms of the treaty. But the English colonists denied the inference; they insisted that in fact, the Dutch were not the owners of land in America, that they were merely intruders, and of consequence could derive no claim to forbearance from the terms of the treaty. Even if the treaty they said, extended to all the countries belonging to the parties throughout the world, (a point which was not conceded,) it still could have no effect in the case in question, because the country of New Netherland did not belong to its present posses- sors. ^o With these views the colonists resolved to pursue their to live again, wherein you shall laware was divided by the Dutch into Iwii , ninnies. One extended from Kmt ("lirislina to nand»i-||ocik, and was NEW NETIIERLAXD. Ill was jealous of the Swedes, and ordered his deputy in the colony of the company to " keep a watchful eye upon them, and if any should be found seditious, to send them to Manhattan !" lie afterwards transmitted an order that they shoidd all be collected into small towns, where their movements might be easily ob- served, and easily controlled. To escape from this merciless rule, a number of the settlers departed from the colony, some of them going to the adjacent province belonging to Amsterdam city. But here their condition was little improved; "when did a city ever govern a province with forbearance." The most onerous commercial restrictions were here established, and the prosperity and happiness of a people, and the advancement of a country, were considered of less importance than a profitable trade. But in a part, and an important part of the country, a different claim existed, by which, both the profits and the powers of the present possessors, Avere brought into jeopardy. Nearly the whole of the settlements on the western side of the Delaware, were included in the territory which, many years before, had been granted to Lord Baltimore, and was included in the province of Maryland. And the authorities of Maryland were alive to their interests. In 1654, Ffendall, the Lieutenant of Lord Baltimore, gave in- structions to Colonel Nathaniel Utie to repair to "the pretended government and people" seated on Delaware Bay, within his province, and ta require them to depart; but he might propose to the people there seated, to place themselves under his Lordsliips government, where they should find good conditions, and be pro- tected in their lives, liberties and estate. Utie repaired to the country accordingly, and a warm discussion ensued between him and Bcckman, and Alrich, who acted on behalf of the Dutch. The latter officers proposed, that tlie matters in dispute should be called the Colony of the Company. The other extended from Christina up the Delaware, to the extent of the settlement, and was called the Colony of the City. Ill the former of those, Jacquet was first appointed as Cjovcnior. lie was suc- ceeded by William Beckman. In the other colony, after Jacquet, (who exercised authority for a time in both,) Jacob Alrich was appointed, who continued in office till his death, and left as his successor, Alexander Hinoyosa. On the 7tli of February, I6(j3, the company ceded all its rights to the Colony of the City, and after that time, Hinoyosa was Governor of the united colonics. — Sec Acre/his. 112 NEW NETHERLAND. referred for decision to the republics of England and Holland. Soon afterwards the Director of New Netherland became a party in the controversy ; he sent a commission to Maryland, with or- ders to wait on Ffendall, and to place before him a statement of their claims. The Commissioners were to represent, that the Dutch had an indisputable right to the country, as could be proved and shown by the patent from the Lords States General, and the West India Company, and by bills of sale and conveyance from the natives, and the possession of more than forty years. But the embassy was not successful. Ffendall was brief in his reply; he admitted the facts as set forth, but maintained that they were utterly valueless. In the following year Lord Baltimore again presented his 'claims ; through his agents in Holland, he demanded of the autho- rities in that country, that orders should be given to the colonists on the Delaware, to submit to his Lordships rule. The demand was refused in a peremptory manner, and the West India Company transmitted an order to their officers, not to give up the country, but to defend it, even to the spilling of blood. ^^ But the spilling of blood at this time was averted. Maryland was either unpre- pared to resort to such an extremity, or was willing to await the course of events which seemed rapidly tending to an issue, favor- able to her wishes and views. The authorities of New Netherland were still less inclined to measures of violence. Stuy vesant was well disposed to assert his authority, but the existence of the English on the south, and their continual encroachments on the north, gave sufficient warnings of 33 The statement here given as to the tenor of the orders sent by the West India Company, is not in accordance with several authorities. Chalmers, and those who liavc followed him, declare, that the company gave directions to the colonial oflkcrs to withdraw to the northward of Lord Baltimore's boundary, and that the country in question being thus given up by the Dutch, was imme- diately occu|)icd by Charles Calvert, the son of the proprietory of Maryland, But the statement of the text is founded on the original despatch of the West India Company, existing in the Albany Records. If the account of Chalmers is admitted, the conclusion must be drawn, that the formal despatches of the company, were contravened or annulled, by some private communication, and in fact, it is stated by some, that the instructions were " private." See Bancroft, vol. 2, p. 309. NEW NETHERLAND. 113 danger, and of the necessity of caution in his course. New England had become gi-eatly superior to New Netherland, in numbers and in strength, and the dispositions of her people were entirely manifest. Stuyvesant was aware of his position, and gave full information to his superiors of the state of affairs, and urged the adoption of the means of defence. He informed the States General and the West India Company, that "the demands, encroachments and usurpations of the English, gave the people here the greatest concern." In 1660 he wrote, "your honors imagine that the troubles in England will prevent any attempt on these parts, alas, they are as ten to one in number to us, and are able to deprive us of the country when they please." , At the same time that the storm was gathering upon New Neth- erland from without, its internal condition was not favorable to vigorous exertion for its own protection. Where there is no popular freedom, the government can have little hold upon popular affection ; a people will not be easily aroused in defence of institu- tions Avhich no experience of advantage has taught them to value. The government of New Netherland had continued nearly the same from the time of its erection ; except the special institutions which had been established under the Charter of Liberties and Exemptions, but little alteration had been made, and through the latter instrument, no security for popular rights had been offered or obtained. Under the general control of the West India Company the government continued to be administered by the Director Gen- eral and Council. They made laws, appointed officers, and decided all controversies. The changes that had occurred with the increase of population, and the extension of interests, were attended with no corresponding advances in the provisions relating to civil and po- litical rights. At different periods attempts had been made by the settlers to obtain some melioration of their state. They became imbued to an extent with the views which were introduced by the emi- gi-ants from the neighboring colonies ; the idea of popular freedom was transplanted from New England, to New Netherland. Many English had settled at Manhattan and other places in the province, and were indulged in the exercise of some of the privileges and powers, they had elsewhere enjoyed. The example was not with- 15 114 NEW NETHERLAND. out eflect. In the year 1653, a convention was held at New Amsterdam, composed of delegates from several of the towns in the province, with authority to make a representation setting forth the wislies and will of the people. They demanded that no new laws should be enacted but with the consent of the people, that none should be appointed to office, but with the approbation of the people, and that obscure and obsolete laAvs should not be revived. But Governor Stuyvcsant was tenacious of power, and had little faith in the "wavering multitude." He issued a decla- ration in which the demands of the popular delegates were treated with little respect, and the reply which they made, was noticed in no other w|iy, than by the issue of a positive command dissolving the convention, and threatening the members with arbitrary punishment. "We derive our authority," said the Governor, "from God and the West India Company, and not from the pleasure of a few ignorant subjects." The West India Company approved of the course of the Governor. " Have no regard to the will of the people," they said, "let them indulge no longer the visionary dream that taxes can be imposed only with their consent." But to dissipate such a dream was no easy undertaking, and the attempt could only tend, as it did tend, to detach the people of New Netherland from their government, and reconcile them to the idea " of obtaining English liberties by submitting to English jurisdiction. "2* " Bancroft, vol. 2, p. 308. CHAPTER VII. SUBJUGA,TION OF NEW NETIIERLAND, AND A SECOND CONVEYANCE OF A PART OF THE COUNTRY. In the year 1660, Charles the Second recovered the Throne of his Fathers, Circumstances occurred at an early period which tended to disturb the relations of amity wliich for some time had subsisted between England and Holland. Charles was displeased with the refusal of the States General to elect the young Prince, his nephew, as Stadtholder. The court of France was busy in fomenting the growing aversion. The French were jealous of the increasing intimacy between the countries of Spain and Holland, and endeavoured to prejudice the interests of the latter, by fanning the displeasure of the English King. The feelings of Charles were also strengthened by reasons of State. England and Holland were rivals in trade, and in the pursuit of their interests were sometimes placed in direct opposition. This subject was noticed by the House of Commons, and a vote was passed that the in- dignities offered to the English, by the States, were the greatest obstructions to foreign trade.' The condition of affairs in America was an additional ground of dissension; the claims of the colonists in New England, and those of the Dutch in New Netherland, were directly at variance, and an actual collision between the parties, was constantly threatened. The concurrence of these several circumstances and reasons seemed to the English King to point out a course of procedure which he directly prepared to pursue ; he resolved to make an attack upon the Dutch by assert- ing his claim to their American possessions. By this course of policy, the appearance of any new issue be- ' Robinson's England. 116 SUBJUGATION OF NEW NETHERLAND. twcen the parties was wholly avoided ; the English had never conceded tlic claims of the Dutch in New Netherland, but on the contrary, had constantly maintained that the country was theirs, and that the actual occupants were only intruders who might at any time be expelled from the lands, or brought in subjection to the rightful owners. Whether the King was more influenced by such a view of the case, in his present attempt, or by a desire to strike a blow at a nation he disliked, is a matter which it may not be easy, and which at this time, it is not important, to determine. The first act toward the completion of the purpose in view, was the execution of a grant conveying the country in question, to his Royal Highness James the Duke of York and Albany, the brother of the King. This grant was made on the 12th of March, 10G3-4, it gave the lands lying between the western side of Connecticut River, and the eastern side of Delaware Bay, including TiOng Island, Nantucket, Marthas Vineyard, and the Islands in their vicinity. 2 It also conferred upon the Duke the powers of government, both civil and military, within the boundaries mentioned. Orders were directly given for the preparation of an armament to be despatched to America, in order to put the Duko in possession of his new domain. As a collateral object, it was also proposed, that a visit should be paid to the New England colonies. These colonies were not in such a condition in regard to the parent State, as was suited to the views of the King, and the attempt to subju- gate the adjacent province held by the Dutch, was supposed to afford an opportunity for a general adjustment of the aflairs of the country. To carry out this purpose, a body of Commissioners was appointed to attend the expedition. A rumour of the meditated movement was soon borne to America. Governor Stuyvesant was informed that a squadron had been collected and was lying in Portsmouth, which was be- lieved to be dcsliucd to New Netherland, and would shortly set Bail. Information of similar import was received in Now Enghuul, and also, that a commission had been appointed to investigate tlie state of the colonies, and to settle and determine the policy of the ' Whiteheail'B History oJEaat Jersey, p. 23. SUBJUGATION OF NEW XETIIERLAND. 117 country. The visit of the ofTiccrs of the King to his English fuh- jects, was far more dreaded than desired. It was apprelieiided that the feelings entertained by the Sovereign toward the Puritan sectai'ies were not of the most favorable kind, and it was possible that he might still be disposed to look upon the country, as the asy- lum of the regicides. The event was quietly awaited. In New Netherland litde was attempted, and nothing could be effected to ward off the danger. Stuyvesant proposed that an en- listment should be made "of every third man, as had more than once been done in the Fatherland;" but the people were little inclined to enter the lists. But the state of feeling in the English colonies in regard to the expected visit, soon becameknown in the neighboring province, and the knowledge excited a glimmering hope in the mind of Stuyvesant; he conceived the idea that an union might be formed with his ancient opponents, or at least, that they might be prevailed upon to observe neutrality. To secure this object, he made a vo3age to Boston, and was received by Endicott, the Governor of Massachusetts, Avith entire civility, and even with an appearance of respect.^ But whatever were the doubts or fears of the English in regard to the dispositions of their Sovereign toward themselves, they were not inclined to enter into any agreement which might favor the Dutch. The proposals of Stuyvesant were rejected both in Massachusetts and Connecticut, and he returned from his fruidess visit only in time to meet the invasion of the province of New Netherland. The squadron despatched to America for the purpose already mentioned, was under the command of Sir Robert Carre, but the military forces were commanded by Colonel NichoUs, who was also to have command in the country to be reduced, and these two officers, with George Cartwright and Samuel Maverick, were the Commissioners to the colonies. Upon the arrival of the fleet at Boston, the Commissioners exhibited their credentials, and also produced instructions to the colonists requiring that assistance should be given for the reduction of New Netherland. This requisition was presented to Endicott, 'Grahamcs' Colonial History, vol. 2, |). 17!(. 118 SUBJUGATION OF NEW NETHERLAND. the Governor of Massachvisetts, who replied, that he had no au- thority to order a military levy without the consent of the general court, and the Commissioners were not inclined to await so tardy a movement. They therefore departed, leaving an order for the forces to follow.^ The application of the Commissioners in Connecticut, was met with a greater degree of alacrity ; Governor Winthrop, with a number of volunteers, immediately joined themselves to the arma- ment, and proceeded in the enterprize. The squadron, which consisted of four ships, appeared before the principal city of New Netherland, in August, 1664. Director Stuyvesant was sufficiently apprized of the designs of the English, yet, as no formal declara- tion of war had been made, the way seemed open for a mission of inquiry, which it was probably hoped might lead at least, to favorable negotiation. Accordingly, a deputation was sent to the English Commander, by which the Governor requested "with all respect and civility," that he miglit be informed concernilig the meaning and intent of the approach of the ships, and their con- tinuance in the harl)or, whicli it was said, "hath caused admira- tion in us, not having received any timely knowledge of the same." Colonel Nichblls returned an answer equally courteous in form, but decisive in import. He informed the Governor and Council that his Majesty of Great Britain, having an unquestionable right and title to this part of America, and well knowing how much it would derogate from his crown and dignity, to suffer v^.V foreigners to usurp dominion, and inhabit there ; had given commandment to require a surrender of such forts or places of strength as were in possession of the Dutch. He accordingly demanded that the town known by the name of "Manliattocs," Avith all the forts belonging thereto, should be surrendered into his hands, and declared that every man wlio should submit, should be secure of life, liberty, and estate, l)ut that nil who sho\Ud make opposition, would bring upon ^themselves tlie calamities of war. Governor Winthrop, wlio was known to the (Jovcrnor aiul piople of New Netherland, also * A regiment of two hundred men was afterwards raised and equipped under the direction of tlie general court, and preparations were in progress for their departure, when information was received of the fall of New Amsterdam. SUBJUGATION OF NEW NETHERLAND. 119 wrote a communication urging the acceptance of the offered terms. Stuyvesant summoned his council and invited the burgomasters of the city to attend the conference ; he represented to them that out- rage and violence were designed by the English, and urged that measures of resistance should at once be adopted. But the mem- bers of the conference were disposed to mingle prudence with their patriotism. They wished to become informed respecting the terms that had been proposed by the English, and requested that they might be allowed to examine the letters received by the Governor. Stuyvesant was indignant at the idea of entering into any consideration of terms ; he insisted that there was no other question to be debated, than as to the meajis of repelling the inva- sion. But this was not the prevailing sentiment, and the burgo- masters and principal inhabitants protested against the course of the Governor, in refusing to make known the terms that were offered. In fact, the people were not inclined to active resistance. They had not been satisfied with the course of their own authorities, and a powerful force which they had not the means of opposing, was now at their doors. The English too, had issued a proclamation setting forth to the colonists that all who Avould submit to his Majesty's government, should be protected "in his Majesty's laws and justice, and peaceably enjoy whatsoever God's blessing and their own industry, had furnished them with." For a period Stuy: ant endeavored to stem the current alone ; he remonstrated against the supineness of his own people, and opposed the de- mands of the English by exhibiting proofs of a right to the coun- try. But all was unavailing, and finally, to preserve at least the appearance of order, and prevent the occurrence of violence and misrule, he consented to a capitulation. The conditions were concluded by Commissioners appointed by the parties.* The articles of treaty agreed upon, were afterwards submitted to Nicholls and Stuyvesant, and were approved and signed by them. The treaty bore date the 27th of August, 1664. ' The Commissioners on the part of the English were Sir Robert Carre, Colonel George Cartwright, John Winthrop, Samuel Willison, Thomas Clarke, an. 123 One of the cireumstniK^os incident to the change that hail ofcur- iT(l, was an ahcration of names. New Amsterdam received the name of New York, which was given in honor- of the Duke, and with the same intent, Fort Orange was called Alljany, from one of the tides of his Roytil Higliness. . ; The subjugation of New Netherland by Charles the Second, has been represejited by historians as an act of flagrant injustice and usurpation.'^ The" charge contained in this representation is a .subjcTct requiriug attention, not for the- purpose oT defending the King, but in" order to determine impdi-tant. q_uestions of right. Charles the Second was a prcftJigafe, both as a mai> jinil as a monarch, and no extenuation of his ge^eral course, will here he attempted. As, already r^iarked, the considerations which led to the act in question were various ia origin and character, and they were probaljly different also, as to the degree of their influence: and in such a mirid as the King's, the strongest and best, may not have exerted tli» greatest force. « It ra»y not be safe to affirm that with him the most pbwcrf*it motive was a firm corwviction that the country he -resolved ta subduej^ Jselenged to his people.. But it can scarcely be necessary in^such^ case to enter jnto any analysis of motives^ ns mere is required than fairly to determine;tlie real chawicter of the act itsq]f. If the country held by the Dutch, bc-» longed of righ't to» Uie J^nglish nation, ij is not important to imiuire, wl^^t werc _the particular vieAvs wltich induced the King to attempt the subjugation; if, on the contrary, the English had no right to the country, if the Dutch were its real owiiers, then the procedure of the -King may truly be charflcterized as an act of "usurpation," whatsoever his professions or motives miglit be. .•In defenduig their position, the Dutch professed to h«.ve derived their 4-fi:hts from three separate sources, discovery, a pur- chase of the land from the native princes and people of the country, and actual continued possession. The question of discovery has already been considered. '^ On this ground the Dutch were entirely precluded. The entire extent of coast had been discovered by the Englishj-^a fact which was ' Grahamc and Gordon. " Sec page ;3G. 124 SlTBJrOATION OF NEW NETIIERI-AND. known to the Dutch, and to every civilized nation. And this claim had beca fully consummated by actual possession. Whether. a right to the country could be acquired in the second mode, a purchase from .the princes and people of the land, must be determinecHjy the question, how- far the claim from discovery was affected by the occupation of the native inhabitants. At the arrival of the Europeans in North America, they found the whole extent of the country before" them, nearly • in a state of primeval wildness. There were scarcely any marks of culture, or evidences of ownership ; the whole was a wide unbfoken waste. To civilized men it appeared indeed as a new world, and for alj the purposes of civilized life it really was an unappropriated domain. The store-houses of the native inhabitants were the forests and the streams. Generations had appeared and perished and had scarcely left a notice of their existence behind them. As might be supposed, the ideas of sucU a people in relation to tlie rights of property, w:ere crude" and unsettled. NQiether possession was held by individuals than the few invplemcnts.they used, and the materials needed in the cmistruction of tlioir'rude habitJttions. Property in' land>was not knowli. Such being the tondition of the country and of ;_ the -.people, no attempt wiis 'niJvde by the Europeans- to" derive a title from the ^laJivcs^ .they based their claims uponthe ground of original acquisition^ Such a claim, in its princijjle, was no inoj:e tlian an assertion gf *tl>e superiority of civilkfed to savage society*tind modes of.- life, and that* the latter must give place to the former; a principle wliioli it would be vain and useless to deny. The application of this principle or rule, however, was liable to some restriction. If the Europeans had acquired an original claim to the (Towntry, this clanu did not operate to tlie iniuu'diate extinction of the Indian rij^it from actual occupancy, it only took the country subject to this right. Jt took and held the countnj aubject to this incumhrance. But this in cuml)rance couhl only be removed by the liMders of the principal title, or if others should do or attemptlhis, it would "be at their own hazard and loss; a third party' could derive no advantage from removing the incumbrance, because the country would still be held by the superior claim. At an early period these principles became generally recognized. SUBJUGATION OF NEW NETUERLAND. 125 That discovery gave the primary or principal ri^ht to a country, was admitted by all European nations; it was acknowledged in all tlieii: negotiations, and wars, and treaties ; whether equitable or not, the principle was universally acknow-ledged, and acted upon. It became national law. If then, the people of Holland were not the discoverers of the country thev occupied, or Imd not otlicrwise come into possession of the principal claim; a purciiase from the princes and natives of the land, wonld be of no value or force. Beside this, the Indian right itself was but imperfectly and par- tially (Secured. It is not easy to determine who among these tribes, or \yhether any, were-clpthed with' sufficient .authority to enable them to make a perfect conveyance of their rights or claims; but whether the agreements thit were made, were concluded in such form, or by such authority aS was generally acknowledged, or otlrerwise, it is certain that the contracts made >were not con- sidered of binding force. "Lands that had be^a sold w.ere sold , again without any appearance of scruple ; succesfsive agreements ''■^r^TQ "made vith the dilFerent people that appeared, or with tlie sanie people, as otcasiqn might offer,- ajid'^fter all, the' iands thus sold, continued tp be occupied, as before."' And even the right to be acquired by suyh conveyances as the_se^;slight as it was, was only partlylobt^ined by flie Dtufch ; they -purchased but a snyall part of the territory of Nqw Nethcrland, having concluded agree- ments with only a few of the numerous tribes that occupied the country ..'5 • •, . " In some instances the natives of America when selling their lands, made a special condition reserving the right of hunting and fishing upon them. Whether this wag done in the agreements with the Dutch, there is nothing to show. "There was yet another diJIiculty in regard to the conveyance of the Indian right, arising out of the peculiar character of the customs of the people. them- selves. It has been mentioned, that at an early period, the Dutch had formed u treaty of peace with the great Five Nation Confederacy, and that the Lenapc trii)es were then present. According to the traditions of the latter nations, they were then prrevailcd on by the urgent representations of the other tribes, (in which the Dutch are said to have joined,) to assume the character of mediator, or peace maker. They were to lay down their arms, and trust their defence to their confederates, exerting themselves only in such modes us were in accordance 126 sunjrGATiox of new xetiierland. Possession is the remaining ground of title relied on by the Dutch, and by this mode an unexceptionable title may sometimes be acquired. Possession may be taken of unoccupied lands when the original holders have either abandoned or lost their claims. Or, without such previous Aandonment and loss, if a second party should enter a country and take posscssioji, and should con- tinue in enjoyment without interruption, for a sulticient period of lime, the original holder would be estopped, his right would be extinguished. If these conditions existed in the case in question, the claims of the Dutch must be admitted; but tl^ese conditions did not.exist. Previously to the coming of the Dirtchj the Jlugli^h, the original claimants, had entered the country thenisefves, and taken possession, and were in actual possession at the time.. The Dutch might still have rendered themselves masters of the country by the extinction of the prior- claims of the English, either by treaty or purchase, but this was not affected or even attempted. They might also acquire a title by long and .uninterrupted posses- sion, but this they were noi pcrmjtted to do. They had scarcely entered and seated themselves on the territory when •they were visited l)y an English fffficer Avho asserted the rights of his nation, and compolUul tlie settlers to acknowledge the authoy.ty of his Sovereign, and to agree to the payment of an annual tribute. Otlier measures wtre afterwards" taken ; -grants were made by the — J • witli (lie character and offices they had assumed. In the figurative language of the race, they became ''women," and were thus reduced to a state of dc- pciidiiiicc. 'J'hc enemies of the Lenape people assert that this change in Jlieir condilion was tlic result of a series of hostile contests; that they were sulxhu'd by fone of arms, and compelled to yield, as a conquered people. Whether force or fraud were the means, Ihc suhjoction of these tribes is admitted, and as a consequence ihey lost dominion over their country. 'I'he other nations insisted that the Iicnape j)Coplc had no right to make treaties, or to dispose of their lanresent demand was intended as a fraud. l)ut said he to them, "how came you to take ujion you to sell lands at all ; we conquereil yon ; wo made women of you ; you know you are women, and can no more sell laud ibaii vvoincn." SUBJTTOATION OF NEW XETIIERLAND. 137 English government conveying to its subjects the territory occu- pied by the Dutch, and in this manner the English right was asserted and reasserted. The English colonists also continued to maintain, that of right tho country belonged to them or their nation : and besides these declarations, they attempted at various times to secure possession of different portions. In some of these instances their elibrts were successful, in others they failed, but in either case, the claim was maitilained. The Dutch were not allowcil to establish a title by long and peaceable possession. To sum up the case, the Dutch had no right as discoverers of the country. They acquired by purchase from the natives only a part of the country, and the conveyances obtained were imperfect and doubtful, and if these conveyances had been full and good, and had eml)raced the whole of the territory, still, the principal right which was held by the English, remained untouched. Finally, their possession of the country was interrupted and incomplete, and therefore was not sufficient to establish a title. "^ If these conclusions are well founded, they will serve, if not completely to justify the conduct of Charles, the English King, \vX at least to absolve him from the charge of "flagrant injustice and usurpation." Yet, if the claims of the Dutch to the country of New Nether- land were not such as to secure to them its permanent and full possession and control, still, these settlers were not destitute of equitable rights. They had subdued and cultivated the lands, they had navigated the streams, and erected dwellings. They had l)repared a home for civilized man. And they were allowed to continue in its enjoyment. No one was dispossessed of his lands or turned from his dwelling, the people remained in the posses- sion of their property of every description. The only change was « Tlic principal circumstances tliat may be urged in sui>i.ort of the Dutcii claim, arc the implied acknowledgment in their favor, contained in the colonial arrangement respecting boundaries, made in lfi50; and the treaty afterwards concluded between the republics of England and Holland. But the colonial agreement was not finally ratified in England. And the provisions of the later treaty were extended to the colonies rather by inference, than express stipula- tion, nor could these provisions if extending to the colonics, be fairly construed as determining any <]Ueslions of lillc. 128 SUBJUGATION OF XEW NETIIERLAND. one that many of the colonists themselves desired, and which was probably beaelicial to all. But the reduction of the country was not quietly submitted to by the Dutch; a general war between England and Holland was the consequence. This circumstance however, made no alteration in the course of afi'airs in the province ; this was not made the theatre of war, and at the conclusion of hostilities, it was left in the hands of the English. The agreement which had been concluded between the English King, and his brother, the Duke of York, was now to be carried out into full effect ; the • latter had been invested by the terms of his grant, with full authority both as owner and ruler, within the country to be subdued, and the subjection was now completed. In pursuance of the plan, Nicholls, who had been appointed to the government of the couOtry under the Duke, assumed the direction of affairs. But, i)revious to the actual investiture of the Duke of York, a division of the country had been made. Not long after the recep- tion of the grant from the King, and before he had been put in possession, the Duke 'conveyed a portion of the territory to two other individuals, Lord' Berkely and Sir George Carteret. Dif- ferent motives have been assigned as leading to this grant from the Duke: no other is apparent, than a desire to give expression to royal approbation, the grantees, at the time, being high in favor, as well as in place, at the English Court." The conveyance to Berkt'ly and Carliui;l M'as made by an instrument in form as follows : "This Indenture, made the three-and-twentieth day of .Tunc, in the sixteenth year of the Raigne of our Sovreign Lord Charles the Second, by the (Jrace of Cod of England, Scotland, France, and Irclaiul, King, Defender of tlie Faith — Anno Domine 1664. Be- tween his Royal Highness James Duke of York and Albany, Earl of Ulster, Lord lligli Admiral of England and Ireland, Constable of Dover Castle, Lord Warden of the Cinque Forts, and Governor " tScc Nicholls' IcUiT to tlio Duko of York. The statnncntji there muilc in reference to tlie causes of the praiil to Berkely and Carteret, wear but a doubt- ful appearance. bUDJl'OATION OF NKW XKTIIERLAND. 129 of Portsmouth, of the one part, John liOrd Berkeley, Baron of Stnitton, and one of his ]Majestie's most honorahle Privy Council, and Sir George Carteret of Sattrum in the county of Devon, Knight, and one of his Majestie's most honorable Privy Council, of the other part, Witnesseth that said James Duke of York, for and in consideration of the sum of ten shillings of lawful money of England, to him in hand paid, by these presents doth bargain and sell unto the said John Lord Berkeley and Sir George Carteret, all that tract of land adjacent to New England, and lying and being to the westward of Long Island. 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 northward as far as the northei-most branch of said Bay or River of Delaware, which is in forty-one degrees and forty minutes of latitude, and worketh over thence in a straight line to Hudson's Ri\er — which said tract of land is hereafter to be called by the name, or names of Nova C^esarea, or New Jersey." Tlic name was given in honor of Carteret, on account of his spirited defence of tlie Island of Jersey, at the time he was Governor of that Island. 17 CHAPTER VIII. NEW JEllSEY T H li 15 S T A n L I S J£ M E N T O I- G O V E U N M K N T . It has been seen that the territory now recovered by the Englisli, had been granted by the King, to his brother, the Duke of York. The right of the King of England to grant out new lands to his subjects, could not be called into question; it was one of the prerogatives of the Crown which the laws of the realm had yet left untouched. The country now granted, was given as Crown lands ; as territory held by the Sovereign by right of j descent; the possession of the country by the Dutch at the time j of the grant, was in no Avise regarded, they being considered as mere intruders upon the rights of others. But the grant was a conveyance of the powers of government as well as of the rights of property. The institution of government in new countries under British authority, was effected in different modes. Power was sometimes simply delegated by the King to certain individuals to act as his representatives, and tliese individuals were entrusted with such an amount of authority, as the Sovereign might choose to entrust to them, only that it could not exceed his own, in kind or degree. In these cases the power of government was cntin 1\ unconnected with any thing else, and its duration was determined by the discretion or will of the original grantor. Such were royal governments. In some cases charters were granted which gave authority for the institution and perjietuation of government by tbe acts of the people, according to such forms as were prescribed in till' iliMiter, or as they should adopt. In other instances power was given in connexion with property; portions of territory were granted. THE ESTABLISIIMF.XT OF COVERNMENT. IHl and the grantees were invested at the same time with authority to govern within the limits assigned to them, but subject always to al- legiance to the Crown, and sometimes to fartlier limitations. These were proprietary governments. In such governments, unless special agreements were made to the contrary, the duration and transmis- sion of authority were governed by such regulations as applied to the property with which it was connected. No certain period was prescribed for its continuance and it was made transferable like property, to heirs, and also to assigns. The authority granted to the Duke of York may be considered as essentially of the pro- prietary character. The country was granted to him with all " the rents, revenues, and profits of the premises, and all our estate, right, title, and interest therein, and we do farther grant unto the said James the Duke of York, his heirs, deputies, agents, commissioners, and a»signs, full and absolute power and authority to correct, punish, pardon, govern, and rule, all such person or persons as shall from time to time adventure themselves into any of the parts or places aforesaid, and to establish such laws, orders, and ordinances as may be thought necessary ; so that they be not contrary to, but as near as conveniently may be, agreeable to the laws, statutes, and govern- ment, of the realm of England." The grant from the Duke of York to Berkely and Carteret, was of a similar character. In the instrument of transfer to them, the powers of government were not specifically given, but there was a general declaration that the grant was made to them, their heirs, and assigns, " in as full and ample a manner" as it had been received by the Duke, himself, and in the absence of any reservation, all the incidents connected with the possession, would be fairly included. Berkely and Carteret thus became rulers as well as owners of the country. They also, from the nature of the case, obtained the privilege of making a transfer to others ; they might convey their powers and their interests to any other person, or to any number of persons. By thus placing political au- thority in connection with property, and making it subject to similar incidents, the allegiance and obedience of subjects were made transferable at the same time, and in the same modes as the titles to land. Government was rendered a thing that might be conveyed by bargain and sale, it might be passed over from hand 133 THE KSTAnLISHMENT OF GOVERNMENT. to hand, in the ordinary processes used in the management of mercantile affairs. This principle of action was not new, it ex- isted in all the proprietary governments that had been established or projected in America, and was sanctioned by ancient usage. It had been introduced at a time when the rights and privileges of subjects were but little understood, or but slightly regarded, and such was partly the case at the time of the first institution of government in America. The haughty Elizabeth held the reins of authority with a rigid grasp, and seldom yielded any thing to the wishes or the interests of her people, unless it was imsafe to refuse. James, her succes- sor, thougli not lacking in general knowledge, was yet so deficient in practical wisdom as to render him unable to determine what he should grant, and what he should refuse. The second Charles was resolved to grant nothing at all, and his troubled reign was but a struggle to retain the powers which his predecessors had ex- ercised, as well as the abuses they had practised, and his efi^orts terminated in the loss of his crown, and his life. The second Charles had seen much of adversity, and had come to the throne at a time when the marks of the political convulsions which had occurred, were still visible around him. It was a period abounding in lessons for rulers and kings. But Charles had never been apt in learning the lessons of wisdom, and if any of those around liim were more gifted than himself, they may have found it more prudent to conceal, than to exhibit their advantage. But, although the mode in which the proprietors of New Jersey had become possessed of authority, was not in accordance with liberal and ciiligbtriied principles of government, they still, so far as is apparent, bail no design or desire to use it improperly. On the contrary, tbere was exhibited in their measures a defr-ree of liberality as well as sagacity. They manifested an acquaintance with the condition and the opinions of the people, in England and America, and evinced both ability and willingness to adapt their action to the condition of allairs existing at the time. In a severe judgment indeed, a doubt might be started, whether the course of policy jnirsued by the proprietors, was not adoj)ted from necessity, rather than inclination; but even such a doubt, if it al)ated some- what from a «rlaim to lilxrality, would cntiilc! them to higher praise, for dis(!eriim(uit. THE ERTAnLISHMENT OF GOVERNMENT, 1 HH The inslitution of povornmcnt at that porioil, required a cautions and a skill'ul hand. There had been a long period of agitation, (hiring which the civil and political institutions of the realm of England had l)eon shaken to their centre, and although the action had now sul)sided, the consequences were still ai)parent. It had heen a period too, of eager inquiry as well as of determined action. The minds of men had been excited to a high degree of activity ; the true principles of liberty had been brought to light, and heen wide- ly disseminated, and had taken a deep and firm hold in the common mind. Their growth might be checked, it had been checked, but still these principles had not been deprived of their vitality or force. If monarchy had been restored as the only ap- parent means of bringing settlement and quiet to the kingdom, yet the King was no longer acknowledged as a master, to control at his pleasure the destinies of his people. His powers were now to he, exercised, and could only be safely exercised, with a view to the rights and liberties of the subject. In the American province the state of opinion and feeling was even farther advanced than in the parent country. Many of the colonies had been settled by persons whose principal object had l)een the fuller enjoyment of liberty, civil and religious. Tiio un- dertaking indeed had not, in all instances, been carried on in the spirit of the original object, exiles for conscience sake had become oppressors and persecutors ; the garment of the Puritan, had be- come stained with the blood of the Quaker. But still, the pre- vailing tendency, the general movement, on both sides of the Atlantic, was favorable to popular freedom. Under these circum- stances the interest of the founders of States became obvious, whatever other inducements they might ofler, their object would be most eire(;tually promoted by making provision for securing to the people the full enjoyment of civil and religious privileges and rights. Tills, the proprietors of New Jersey appearcil to perceive, and to untlerstand. Not long after the reception of llieir patent, measures wen- devised for peopling and governing the country. 'I'he pro|)rictois publisliod an instruinont wliifli may not iiii properly hr. Icrincd, a Constitution, Ixing a iuiKlaiiicntal law, arcording to which the government of the province was to be cstalilislu'd and cr.niluclcd. 134 THE ESTABLISHMENT OF GOVERNMENT. This instrument was entitled "The Concession and Agreement of the Lords Proprietors of the Province of New Caesarea, or New Jersey, to, and with all and every of the adventurers, and all such as shall settle or plant there." It was dated February 10th, 1604.* This scheme of government is entitled to careful attention, not only on account of its own character, but also from its particular position in the history of New Jersey. It provided that all persons who are, or should become subjects of the King of England, and swear or subscribe allegiance to the King, and faithfulness to the Lords Proprietors, should be ad- mitted to plant, and to become freemen of the province. That the people should be secured in the enjoyment of property; no taxes of any description were to be imposed, except such as should be ordered by the General Assembly of the province. Full toleration in religion was also allowed, no person should be in any ways molested, punished, disquieted, or called into question for any diflerence in opinion or practice in matters of religious concernment, who should not actually disturb the peace of the province, but that all and every of such person or persons, might from time to time, and at all times, freely and fully have and enjoy his and their judgments and consciences, in matters of religion, they behaving themselves peaceably and quietly, and not using their liberty to licentiousness, nor to the civil injury or outward disturbance of others ; any law, statute, or clause contained or to be continued, usage or custom of the realm of England, to the contrary thereof, in any wise notwithstanding. - The government of the province was to be exercised by a Governor and Council and General Assembly. The Governor was to receive his appointment from the Pro- prietors. The Council should be selected by the Governor; he ' GranU and ('onccssions compiled by Tjoaniinc; aiitl Spiccr, p. 12. ''And that the ri>;ht of advowsoii granted in the patent to the jirciprietors. might not he exercised by iheit heirs or assigns so as to infringe upon liberty of conscience, the (Jeneral Assembly of the province was empowered to appoint such, and so many ministers as they migiil tliiiik fit, and establish their main- tainance, giving liberty besides to any person or persons, to keep and maintain wliat preacher or ministers they should choose. i THE ESTABLISHMENT OF GOVERNMENT.- 135 might make choice of six Councellors at least, or twelve at most, or any even number between six and twelve. The General Assembly formed the legislative authority of the province. It was composed of the Governor and Council and a representative body chosen by the people in manner as follows: So soon as the Proprietor's commission should be received in the province, a writ should be issued by the Governor for the election of deputies ; they were to be chosen by such of the inhabitants as were freemen or chief agents of others ; the deputies chosen to be twelve in number. But so soon as parishes or other divi- sions of the province should be made, then the inhabitants or freeholders of the several divisions should, by writ (which it was promised should be issued in time) annually meet on the tirst day of January and choose freeholders for each respective division, to be deputies or representatives of the same, which body of repre- sentatives, or a major part of them, should, with the Governor and Council, form the General Assembly of the province. The Governor or his deputy should be present and preside in the Assembly, unless these officers should refuse, in which case the Assembly might appoint its own president for the time. The General Assembly were empowered to appoint the times for their own meetings and adjournments, and to determine the number of their quorum, provided that such number should not be less than one-third of the whole number. They were authorized to enact all such laws and acts as should be necessary for the well government of the province, provided that such laws and acts should be consonant to reason, and as near as might be, agreeable to the laAvs and customs of the realm of England, and not contrary to the interest of the Lords Proprietors, or contrary to the conces- sions. Laws were to remain in force for one year (unless con- tradicted by the Lords Proprietors,) within which lime they were to be presented to tlie Proprietors for approval, and when con- lirmed, were to be in force until repealed, or until they should expire by their own limitation. The General Assem])ly had power to constitute all courts, and to determine the limits, powers and jurisdictions of the same, and also the offices, and the lunnber of officers belonging to each court, with their respective salaries, fees and perquisites, with their appellations and dignities and the I'M THE KSTABLISHMKNT (»i 00\ ERNMLNT. penalties that should 1)C due for the breach of their several and respective duties, and trusts. The Assembly might lay equal taxes and assessments upon all lands (excepting the lands of the Lords Proprietors before settling) or upon persons within the several divisions, jis necessity might require, and in such manner as should seem most equal and easy to the inhabitants. Enactments might be made for the defence of llio province, providing for the erection of forts, castles, and other places of strength, and defence, and also to create military companies, and to make war with all Indians, strangers and foreigners, as cause should arise. The Assembly might pass laws for the naturalization of strangers as also for the division of the province into parishes or districts, and for the ajjportionmont of land to settlers, in accordance with tlie directions given by the Proprietors. Acts were to be passed providing fur the maintainance and support of the Governor, and for defraying all tlie necessary charges of the government. 'I'he Executive department of the government was committed to the Governor and Council, 'I'he Governor might appoint a Secretary of the province and also a Surveyor General, in case these officers were not appointed by the Proprietors themselves. By the joint action of the Governor and Council, a Deputy Gover- nor might be appointed, who shoidd continue in office during the absence of the Governor, or in case of his death, or removal, until farther orders should be given. In case of the death or removal of any member of the Repre- sentative body, the Governor and Council were to issue summons by writ to the respective divisions or divisions commanding the freeholders to elect others in their stead. They should see that all courts established by the laws of the General Assembly, and all otlicers, civil and military, should execute their duties, accord- ing to the laws in force. They were to nominate and commis- sionate the officers belonging to the several courts, (the offices, with the duties appertaining to each, being determined bv the laws of tlie Asseinl)ly) l)ut freeholders only Averc to be appointed to these offices, except with the special assent of the General Assem- l»ly. In like manner they were also to nominate and commis- sionutc uU military officers. THE ESTABLISHMENT OF GOVERNMENT. 137 The Governor, with the advice of his Council, or without, in case of immediate danger, was to collect and command the military forces of the province, and to suppress all rebellions and mutinies, as well by sea, as by land. The Governor and Council might grant a reprieve to criminals after condemnation, but the power of final pardon was reserved to the Lords Proprietors. Beside the positive grant allowing to the General Assembly the power of imposing taxes, a prohibitory article forbade the exercise of this power by the Governor and Council ; they were not to impose nor sutler to be imposed, any tax, custom, subsidy, tollage, assessment, or any other duty whatsoever, upon any color or pre- tence, other than what should be imposed by the authority and consent of the General Assembly. Full provision was made in the concessions in relation to the privileges to be granted to planters ; the mode of granting lands, and the proportions to be assigned to settlers, according to the time of their coming, and the number and capacity of the persons, were distinctly set forth. ^ By a general provision, it was made lawful for the representa- tives of the freeholders within the province, to make any address to the Lords Proprietors touching the Governor and Council or any of them, or concerning any grievances whatsoever or any other thing they might desire, without the consent of the Governor and Council or any of them. Such was the form of government provided in the concessions. It embodied many of the principles which belong to the most liberal institutions. It gave entire exemption to the people from all taxation except such as their representatives should assent to, and as a farther security of ])roperty, it gave to the Assembly the full control over all the expenditures of government. Freedom of conscience and worship was secured to every one who should conduct himself as a peaceable citizen. Justice was to be administered by tribunals erected under popular authority, and an additional security against the arbitrary exercise of power was given by the concession of an unlimited privilege of appeal or petition. "Sec Grants and Concessions fioni )>. I'-i to 2C. 18 138 THE ESTABLISIIMKNT OF CiOVERNMENT. Had the plan of the concessions been fully pursued, the govern- ment established thereby would have nearly approached to the popu- lar character, at least in regard to the legislative department. By the increase of numbers in the representative branch of the General Assembly, the popular element would have fin;il]y acquired a de- gree of strength that must have given it a controlling influence.* But, as will presently be seen, the actual working of the plan did not entirely agree with its general theory. On the same day that the instrument of government was signed, Philip Carteret, a brother of one of the Proprietors, received a commission as Governor of New Jersey. He made immediate preparations for departure, and in company with a number of persons who were disposed to adventure as planters, he sailed from England and arrived in the province in August, 1665. They landed at a place to Avhich they gave the name of Elizabeth, in honor of the lady of Sir George Carteret.* But previous to the arrival of the Governor, circumstances had occurred in the province, which offered an obstruction to the pur- suance of the proprietary measures, and which proved in the end a source of serious embarrassment to the government. As already stated, a commission had been given to Colonel NichoUs, by which he was authorized, on behalf of the Duke of York, to assume the direction of affairs throughout the whole of the country that had been granted to the Duke. NichoUs had not been informed of the grant which was made to Berkely and Carteret, and therefore supposed himself to be in authority in the portion of country belonging to them, as fully as in other places, and had proceeded to exercise his powers therein. After the conclusion of his military duties, he had turned his at- tention to civil affairs ; for the purpose of promoting the sefdement of the country he published "conditions for new plantations," * Although the nuinhcr of deputies was limiled at first, yet an increase of numbers must have occurred from the erection of new divisions in the province, and as the As8eml)ly, according to the obvious intent of the scheme, would have formed but a single house, tlio numerical 6trcni;th of the popular branch would have given it virtual control in tlic body- ' M'hiU'liead's History of Eiif-t .Iirsi y, J). 'M. THE ESTABLISHMENT OF OOVERNMENT. 131) wliich conditions were supposed to be applicable to the entire extent of his province." The terms lliat were offered were re- garded as liberal in their character, and were embraced by a number of persons, some of whom selected lands within the limits of New Jersey. Governor NichoUs held this portion of territory in high estimation, and had conferred upon it the name of "xVlbania," from one of the titles of the Duke of York. lie had expected that much advantage would arise to his master, and perhaps to himself, from the settlement of " Albania," and became much dissatisfied at learning that a full conveyance of the country had been made to others. He expressed his disappointment in decided terms ; he represented to the Duke of York the impolicy of dividing the province, and particularly of parting with the most desirable portion, and finally proposed that the grant should be recalled, or a composition be made with the holders by assigning to them a different portion of country.^ ' The terms proposeJ by NichoUs for acquiring lands within the territories of the Duke of York, were these. Purchases were to be made from the Indian Sachems, and recorded by the Governor. The purchasers were not to pay the Governor for the liberty of purchasing. The purchasers were to set out a town and inhabit together; no one should at any time contract for himself with any Sachem, without the consent of his associates, or special warrant from the Governor. The settlers were to be free from all manner of assessment or rates for five years after their town plat was set out, and when this time had expired, they were only to be liable to the public rates and payments according to the custom of other inhabitants, both English and Dutch. Ail lands thus purchased and possessed, were to remain with the purchasers and their heirs, as free lands to dispose of as they pleased. Liberty of conscience was to be allowed, provided such liberty was not converted to licentiousness, or the disturbance of others. The several townships were to have liberty to make their own particular laws, and to decide all small causes within themselves. Every township should be obliged to pay their minister according to such agreement as should be made, and 710 yuan to refuse his proportion, the minister being elected by the major part of the householders inhabitants of the town. Every township siiould have the choice of their officers, civil and military, and all men who should take the oath of allegiance, and were not servants or day laborers, but were admitted to enjoy a town lot, should be esteemed as free men of the jurisdiction, and could not forfeit tlie same witliout due process of law. Grants and Conccn.sions, p. 667. ' [.1 porlinn of a klttr from Colonel Nicholla lo the Duke of York.^ "I must now descend to the particular occasion of giving your Royal High- 140 THE EPTArT.ISHMEXT OF nOVERNMENT. But if the Duke had any disposition to comply with such a proposal, he could not fail to perceive, that the season had passed ; NichoUs was obliged to acquiesce in the loss of a portion of ness this trouble, wherein my Lord Berkely and Sir George Carteret are con- cerned; who I know also will be so just to nie, as to have me excused for manifesting clearly my knowledge to your Royal Highness. About ten days past Captain Bollen shewed me a letter from my Lord Berkely and Sir George Carteret, and therewith a grant from your Koyal Highness to tlicm for all the lands on the west of Hudson River, as more fully may appear in the said grant; wherein is comprehended all the improveable part of yonr Royal Highness' patent, and capable to receive twenty times more people than liOng Island, and all the remaining tracts, in respect not only to the quantity of the land, but to the sea coast and Delaware River, and lastly, the fair hopes of rich mines, to the utter discouragement of any that shall desire to live under your Royal Highness' protection. In short, I hold myself obliged to give your Royal Highness this account upon certain knowledge, having exactly considered and preferred the advance of your Roj'al Highness' reputation in these parts above all considerations or obligations whatsoever; and for my boldness, I can at least but beg pardon. Neither can I suppose, that my Lord Berkely or Sir George Carteret knew how prejudicial such a grant would prove to your Royal High- ness, but must charge it upon Captain Scot, who was born to work mischief, as far as he is credited or his parts serve him. This Scot, it seems, aimed at the same patent which your Royal Highness hath, and has given out words that he had injniy done him by your Royal Highness; whereupon he contrived and betrayed my Ijord Berkely and Sir George Carteret into a design (contrary to their knowledge,) of ruining all the hopes of increase in this territory, v\hich he hath fully completed, unless your Royal Highness take farther order therein. Upon this tract of land several new purchases are made from the Indians since my coming, and three towns beginning. I gave it the name of Albania, lying to the west of Hudson's River, and to Long Island the name of Yorkshire, as to this place the name of New York, to couiprehend all the titles of your Royal Highness. Far be it from me to aggravate any thing beyond the bounds of a faitiiful servant; for, when it may conduce most for your Royal Highness' service, I shall as freely surrender up all parts to your Royal Highness' pleasure as it becomes mc to do. I presume farther to propose a better and more entire tract of land, worthy of great consideration, to my Lord Berkely and Sir George Carteret, which is that pari of Delaware Kiver which is reduced iVom the Dutch, if it is not already disposed; if so, then that my Lord Berkely and Sir (Jeorgc Carteret may have a hundred thousand acres along the sea coast, which is ;i most noble tract of land ; but this will cost them .£~0,000 before it will yield tliem a penny, and their children's children may reap the benelit." Some time allerwards in a letter to Lord Arlington, Nicholls farther remarks: THE ERTAnLISTIMKNT OF nOVERNMENT, 141 authority and to siirrender New Jersey into the hands of Carteret. But in the action already taken, the foundation was laid for no little dilHculty in future.** Upon the arrival of Governor Carteret, he entered at once upon the discharge of the duties of his place. He adopted measures to invite attention to the province ; messengers were sent abroad to publish the "Concessions," and to set forth the advantages that were offered, both in the government, and in the fortunate situa- tion of the country. A rapid accession to the number of settlers rewarded the Governor's efforts ; numerous emigrants entered from the neighboring settlements, and the population was farther increased by frequent arrivals from England. At an early period the executive authority of the province was fully established by the appointment of a Council; the Governor selected for this i situation Captain Nicholas Verlett, Daniel Pierce, Robert Bond, Samuel Edsall, Robert Vanquellen and William Pardon. James Bollen was appointed Secretary of the province. ^ One of the (irst and most important objects requiring the atten- tion of government, was that relating to the apportionment, and the titles of lands. Lands were granted out in accordance with the provisions made in the concessions. These regulations, which were farther confirmed by insti'uctions to the Governor, required " My humble conception and certain knowledge direct me to inform your Lord- ship, that by the unskilfulness of the informers, the west side of Delaware River, now seated with Swedes, Finns and Dutch, is crushed between the Lord Balti- more's patent on the west side, and the Lord Berkely's indenture on the cast, that the present inhabitants cannot possibly subsist in so narrow a compass." He therefore susfgcsts " that twenty miles on each side of the River Delaware, should be given to Lord Berkely and Sir George Carteret instead of the land granted to them." Note in Whiicheud's Emt Jer-cy, p. 181. * Large grants had already been obtained in accordance with the " Condi- tions" proposed by NichoUs. On the 30th of September, 1664, John Bailey, Daniel Denton, and Luke Watson, under permission from Governor Nicholls, had iblained from the Indians a deed for land which afterwards came to be known IS the Elizabethtown tract. On the 8th of April, 1665, Nicholls confirmed mother purchase to several individuals. This grant which is sometimes called die Monmouth patent, was the foundation of the settlement of Middlctown and Shrewsbury. See Grants and Cuncc.ssiuti.s, p, 669. ° The precise date of the appointment of those ofllccrs is not determined. 143 TIIK ESTAnLISIIMENT OF GOVERNMENT. that the general divisions of land should be made by the Governoi* and Council and General Assembly, (if any be ;) they were to divide all lands into general lots, one seventh part of each to be reserved to the Proprietors, and the remainder to be granted to individuals, or companies. Particular grants were to be made by the Governor or his Deputy ; he should give to all applicants a warrant signed and sealed by himself and the major part of the Council, directed to the Surveyor General or his Deputy, com- manding him to lay out and limit the grant. The Surveyor General was required by certificate to inform the Chief Secretary or Register of the name of the grantee, the date of the warrant, the number of acres, and the situation of land, which certificate was to be entered by the Register in a book prepared for the pur- pose. All lands were to be held in free and common socage. But for every acre thus granted there should be reserved a yearly rent of one penny or one-half penny, (according to the value of lands,) to be paid to the Proprietors, their heirs and assigns for- ever, the payment to be made on the five and twentieth day of March, of each year, to begin in the year 1670. If lands thus granted should be neglected, and not planted with a sufficient number of persons, within the space of three years, they might be disposed of anew, but lands quietly held, planted and possessed for seven years after being duly surveyed, should not be subject to any review or resurvey. The lands that were granted prior to the coming of Governor Carteret, comprehending the beginning of "three towns," were held by a title directly adverse to the proprietary provisions. "* They had been made by different authorities, and upon other terms ; they were founded upon a purchase from the Indians, and a confirma- tion or license from Nicholls. The former of these in itself was of no value as an element of title, it could only remove an obstruction to the perfect establishment and enjoyment of title. The right to the territory was supposed to have been vested in the English King, and only he, or his grantees, could make a valid con- veyance to others. The confirmation or permission from INiohollM '" The grants that had been confirmed by Nidiolls were the foiuidutioii of the selUoraonU of Elizabetlitown, ami Middlotowii and Slucwsbury. THE KSTABLLSHMEXT OF ClOVEUNMENT. 143 would probably have stood, had the country at the time been vitliin his jurisdiction, l)ut it had previously been conveyed, and all ownership and all proper authority were in other hands. No immediate interruption of harmony resulted from the con- trariety of interests and of claims, that thus arose in the province; the consequences may not have been fully foreseen. At subse- quent periods various expedients were resorted to in order to re- move the evil, or prevent the injury. Some of the grantees of Nicholls received new patents from the Proprietary government, and others disposed of their claims." But the difficulty continued to exist; many of these claimants insisted that they had already obtained a sufficient title, and resolved to hold to the rights that had thus been acquired, without any regard to the proprietary regulations and demands. At the same time that they obtained their lands, the settlers in the province received grants authorizing the exercise of particular privileges and powers. Nicholls had required, that settlements should be made in companies, that the planters "should set out a town and inhabit together," and to these "towns" certain corporate privileges were allowed. Similar grants were also made by Go- vernor Carteret. These grants, which may properly be termed charters, formed instruments of government by which the people of the several places were enabled to make such regulations as their particular situation required, and also to supply any lack that might have existed at this early period, from the imperfect organization of the provincial government. The local charters were some- what different in their conditions. That which was granted by Nicholls to the people of Middletown and Shrewsbury, and which was allowed to continue in force under the proprietary government, and which was finally confirmed, gave to the people important pri- vileges. It gave full authority to dispose of the lands conveyed in their patent as to them should seem meet. To exercise their own " Governor Carteret himself became concerned in a purchase from some of the holders of the EUzuhethtovvn tract. He may have designed by the measure to lessen the dirticulty from conllicting claims, but it was afterwards used as an argument against him, it being represented as an acknowledgment of tlie title obtained through Nicholls. 144 THE ESTABLISHMENT OF GOVERNMENT. discretion as to the employment and maintainance of minis- ters. That all cases not criminal in their nature, should first have a hearing within their cognizance, and that no appeal should be taken to a higher court when the sum in issue did not exceed ten pounds. That criminal cases and matters above ten pounds were to be determined in higher courts, and appeals to his Majesty were not to be hindered. That the people should have the liberty to nomi- nate two persons to fill each commissioned office, whether civil, or military, of whom one should be selected and commissioned by the Governor. Finally, they were to be allowed to make such peculiar prudential laws amongst themselves, as might be deemed necessary.'' An association which was formed in 1666, received a charter from Governor Carteret, in Avhich they were allowed to choose their own magistrates for the government of the corporation ; to select their own minister ; to nominate their military officers and justices of the peace for the approval of the Governor, and to have courts to try all causes actionable within their own jurisdic- tion, from which no appeal should be taken ■\vhen under the sum of five pounds. Liberty of conscience was guarantied short of licentiousness, and disturbance of the public peace. No tax or custom to be imposed, save such as should be approved In' the provincial government, together Avith other particulars agreeing with the provisions of the proprietary concessions. '^ In the same year (1666,) an association was formed by a com- pany of persons in New England, for the purpose of forming a settlement in the province of New Jersey, and previous to their removal they adopted "two fundamental agreements touching their intended design," and these agreements exhibit a new feature of civil polity. The company resolved "that none should be ad- mitted freemen or free burgesses within our town upon Passick River, in the province of New Jersey, but such planters as are members of some or other of the congregational churches ; nor " Grants and Concessions, p. GCA. " The settlers under this charter were to settle one or two townships, con- sisting of from fully to one hundred families, between llahway and liaritan rivers. See note in W hi /t /a ad' a East Jtrscy, p. 1^3. THE ESTABLISHMENT OF GOVERNMENT. 145 shall any but such be chosen to magistracy, or to carry on any part of civil judicature, or as deputies or assistants to have power to vote in establishing laws, or making or repealing them, or to any chief military trust or office. Nor shall any but such church members have any vote in any such elections ; though all others admitted to be planters shall have the right to their proper inheri- tances, and do, and shall enjoy all other civil liberties and privileges, according to laws, orders, or grants, which are or hereafter shall be made for this town." That " we shall with care and diligence provide for the main- tainance of the purity of religion professed in the congregational churches." A portion of this body upon their arrival in the province, held a meeting " near to Elizabethtown and the Town Plots, on Pas- saick River," on the 21st of May, 1666, and resolved that at the arrival of their associates they would endeavor to settle together, and form one township, and be of one heart and consent with God's blessing in endeavoring to carry on their spiritual concern- ments, as well as their civil and town aflairs, according to God and a godly government.'^ The "agreements" entered into by these settlers, manifested a disposition to make the enjoyment of civil privileges dependent upon a certain religious profession and belief; a rule of action which had been generally adopted, and acted upon, in New England. It was fortunate perhaps that no such principle was recognized in the form of government which the Lords Proprietors of New Jersey had devised; had it been otherwise, the religious intolerance and oppression that had been witnessed in New Eng- land, might have been revived, to the injury and affliction of this new province. A period of three years elapsed before the government projected by the Proprietors was brought fully into action. Earlier than this, the population and condition of the province wero not sup- posed to be such as to require, that a general representative body should be chosen. '^ These settlers were from several (liU'erciit towns in Connecticut. Tlicy established themselves at Newark. Whitehead, p. 45. 19 146 THE ESTABLISHMENT OF GOVERNMENT. But on the 7th of April, 1668, Governor Carteret issued a pro- clamation requirinj^ the freeholders of each town to make choice of two able men that were freeholders and dwellers within their limits, to be their Burgesses and Representatives in a General Assembly, to be held at ElizabethtoM'n, on the 25th of May.'* In accordance with the Governor's direction, deputies were elected in the several towns, and met together, and on the 26th of May, 1668, the first Legislative Assembly in the history of New Jer- sey commenced its proceedings. " WhitchcaJ, p. 52. CHAPTER IX. FIRST LEGISLATIVE PROCEEDINGS. OPPOSITION OF THE PEOPLE TO THE GOVERNMENT. RETURN OF THE DUTCH, AND RESTORATION OF THE ENGLISH AUTHORITY. At the first meeting of the legislative body, all the principal towns in the province were found to be represented.' The ses- sion seems to have passed with a good degree of harmony, and was brief in its duration ; it continued but four days. A principal measure was the enactment of a bill of pains and penalties which was somewhat remarkable for its extreme severity. In many particulars, it followed the Levitical law; twelve crimes were enumerated for which, under certain circumstances, the punish- ment of death would be incurred. But it was prescribed "that no man's life shall be taken away under any pretence, but by virtue of some law established in the province, that it be proved by the mouth of two or three sufficient witnesses." An enactment was passed providing for the expenses of govern- ment, ordering that the sum of thirty pounds should be raised, by a levy of five pounds on each of the towns represented at the time. It was also enacted tliat the Assembly should meet on the first Tuesday in November of every year, until they should see cause to alter the said time of meeting, and that the deputies of each town should be chosen on the first of January according to the concessions ; and for the absence of any deputy, he should be liable to pay forty shillings for every day's absence, as a fine to the county, unless the Assembly should see cause to remit the ' The following Burgesses appeared, for Bergen, Gasper Stcenmetts and Balthazar Bayard ; for Newark upon Pishawack River, Captain Robert Treat and Samuel Swarne; for Elizaljcthtown, John Ogden, Sen'r. and John Brack- ett; for Woodbridge, John Bishop and Robert Dennis; for Middletown, James Grover and John Bound, the last named also represented Shrewsbury. Granti and Concessions, p. 77. 148 FIRST I.EOTSI.ATIVF. -PROCEEDINGS. same. Extraordinary meetings of the Assembly might be called at the discretion of the Governor and Council, "as the necessity and weighty affairs of the province should require." Some other enactments were made and several matters were deferred for future consideration. The deputies informed the Governor and Council, that they had perused the contents of the several acts presented to them, and they thought it needful that laws should be made, "but by reason of the week so near spent and the resolution of some of our company to depart, and the meeting to surcease for the present, they were necessitated to refer the full consideration of them, until the next session of the Assembly." The Assembly then adjourned to the 3d of November next ensuing. The second meeting of the General Assembly, took place ac- cording to previous adjournment, on the 3d of November of the same year (1668.) At an early period of tlie session the defects in the government of the province began to be manifested. The powers to be exercised by the different departments were suffi- ciently determined; the authority assigned to tlie General Assembly was fully dclincd, and it was such as properly belonged to the body ; the general aim was just. But the body was so constituted as to render harmonious action in the pursuit of the aims proposed, extremely uncertain and ditlicult. The two branches of which the Assembly was composed, were entirely dilferent in origin, one being chosen by the people, and the other, appointed by the Lords Proprietors, or by the Governor. The points of agreement be- tween these divisions, were not sufficient in number or strength to secure accordance in action, and yet the respective forces were balanced so nearly as to prevent the decided preponderance of either. The number of members in the proprietary branch, was nearly equal to the whole of tlie deputies. Hut in this particular a change would have gradually occurred from the increase of population, and the consequent addition to the representative body. 2 *Thc number of rc|)rosoiitiitives in tins Assembly was increased by the ad- dition of two deputies from Delaware Kiver, tliey were Peter Jegon and Fa- brus Outout. 'i'hc wliole number elected at this time, was fourteen, but the representatives from Middietown and Shrewsbury being dismissed, the number sitting was the same as at the fornier session. FIRST I.EOTRT.ATIVE PROCEEDINGS 149 But this advantage to tho popular interest was entirely prevented l)y tlio separate meetinjr of tlie branches, a mode of procedure which would render numerical force of no effect; in separate chambers, tlie smaller body mifjlit effectually control the larger. A number of acts of minor importance were passed or assented to, but the manner in which the business of the session was con- ducted, was soon productive of embarrassment, and perhaps of irritation. AVhat particular circumstances led to this course of procedure, whether it resulted from a different construction of the terms of the concessions, or from the mere determination of one of the branches, is a matter that is left to conjecture. But it led to an open disagreement. On the third day of the session a mes- sage was sent by the deputies to the Governor and Council, to the following effect: " We findinpr so many and great inconveniences by our not s-it- ting together, and your apprehensions so different from ours, and your expectations that things must go according to your opinions, though we see no reason for, much less warrant from the conces- sions; wherefore we think it vain to spend much time of returning answers by writing that are so exceeding dilatory, if not fruitless and endless, and therefore we think our way rather to break up our meeting, seeing the order of the concessions cannot be at- tended to." The Governor and Council replied that " in answer to your last proposition, we desire you to appoint two of your deputies to consider with us in what point we act contrary to the concessions, it being too late to-night to entertain so long a debate, we will be ready to-morrow morning to give them a hearing, and if reason will satisfy you, we shall be very well pleased that you proceed according to the Lords Proprietors concessions, and the trust re- posed in you, if not you may do what you please, only we advise you to consider well of your resolutions before you break up."" ' Grants and Concessions, p. 90. According to a fair interpretation of the terms of the concessions, the two branches were not only to sif loq^etlier in one chamher, but to act together as one body ; the latter particular however may not be so clearly determined as the former. But an entire separation took place. 150 OPPOSITION OF THE PEOPLE TO THE OOVERNMENT. The next day the Assembly adjourned sine die, and seven years ehipsed before another convened. Beside the want of harmony between the different branches of of the legislative body, other circumstances occurred in the course of this session, calculated to have a disturbing effect. As already noticed, the people of Middletown and Shrewsbury had received a grant of land with a charter of privileges from Governor NichoUs, but no confirmation had yet been obtained from the pro- prietary government. Delegates from these towns had been sent to the first provincial Assembly, and had acted therein, giving their assent to the laws at that time enacted, and amongst others, to the enactment for raising a sum of money to defray the ex- penses of the government. But the people of these places refused to submit to the requirements of the Assembly ; they would not allow the laws to be published, or any levy to be made within their limits, asserting that they were authorized by their charter to pass all necessary laws, for themselves. This was a virtual assertion of independent authority, though they had acknowledged the existing government by the election of deputies in accordance with the Governor's proclamation, as well as by the action of their representatives as a part of the legislative body. Under these circumstances the representatives sent by these towns at the second session of the General Assembly, were not allowed to take their seats, unless they would first subscribe the oaths of allegiance and fidelity to the government. This they refused to do, except with certain limitations, and they were consequently refused admittance. An act was then passed by the Assembly, appointing commissioners to visit these places, and to demand the amount that was due on account of the former requisition, and also a farther sum then ordered to be raised, and the commissioners were authorized, if necessary, to take the said sums by way of distress, and that tlie General Assembly would save them harm- less. The commissioners were also authorized to demand " tlie positive resolution of ihe inhabitants" as to tlicir submission to the government of the province. What effect was produced by these measures is not known, as the subsequent suspension of the Assembly caused an entire interruption in the regular course of afiairs. OPPOSITION OF THE PEOPLE TO THE GOVERNMENT. 151 The action of tho Middlotown srtllcrs was the first manifesta- tion of actual hostility to the proprietary government. But the elements of opposition existed, and the occurrences just noticed were well calculated to bring them into active operation. A period too, was now approaching which would be lilvcly to test the dis- positions of the people, and thus to afford an occasion for increased activity on the part of those who were ndt well afTected. This occasion was tlie time for the payment of quit rents, which oc- curred on the 25th of March, 1670. Immediate and general opposition was manifested. The principal agitators were those who were holders of lands which had been purchased from the Indians, by permission from Governor NichoUs, and among these persons tlie people of Elizabethtown became somewhat conspicuous. They asserted that they had already paid for their lands, and that their riglits had been recognized by an officer who was believed to be properly qualified, arid that ac- cording to the terms of the grant, they were to enjoy their pro- perty, as free lands. These declarations though correct as state- ments of facts, were yet wholly wanting in force. A purchase from the natives, in itself, would give no title, and Governor Nicholls had no authority at the time, to make any conditions, or agreements whatever. These settlers too, had continued in the province after the establishment of the existing government, and with a perfect knowledge of its provisions ; they had participated in the privileges and the protection it granted, and some had taken the oaths of allegiance. An obligation had thus been formed to comply with the regulations that had come into force. But beside these persons, there were found in the ranks of the disturbers, many wlio had acquired their claims to land under the authority of the proprietary government. In regard to these individuals no plea whatever could be found to extenuate their opposition to the present demand. They had taken up property after being fully apprized of the terms, and their unwillingness to abide by the agreement must be regarded as evidence, that they were more sensible to the calls of interest, than to the demands of justice. But, whether with or without a plea, a large number of the settlers utterly refused to comply with the demands of the Proprietors. Governor Carteret endeavored to uphold tlie authority and to enforce the demands of the government. 152 OPPOSITION OF THE PEOPLE TO THE GOVERNMENT. The people were urged to take out patents for lands, and the several corporations were warned to admit no persons to the rights of citizens, until they had complied with the regulations and laws of the province. But warnings and demands were alike disre- garded, and during a period of two years, the stale of the province may truly be characterized as one of utter misrule. At length the opponents of the proprietary authority formed a determination to establish a separate government. Deputies were elected by the disaffected inhabitants in the several towns, and the members so chosen convened at Elizabethlown on the 14th of May, 1672, claiming to be tlie true representative body of the province. A new Governor was also selected. This individual was James Carteret, an illegitimate son of Sir George, a young man who liad probably visited the country rather with a view to be free from restraint, than to exercise authority himself. He entered upon office in virtue of authority delegated to him by the people, through the Assembly. But besides this, he set up a claim to the govern- ment under the pretence of a grant from his father, which however, was never produced, and which there was nothing whatever to con- firm, and the countenance given to this claim by the new Assem- bly, whilst it manifested a desire to justify their proceedings by an apparent regard to the rights of the Proprietors, showed, at the same time, a grievous want of a proper regard to truth. Many acts of injustice and severity were committed under the direction of the pretended government wliich had thus been erected, legal officers of the province were imprisoned, and their estates confis- cated, and a complete subversion of the proper authorities seemed nearly at hand.^ *Tho (listiirtianrcs that ornirrcd in otlicr parts of the province seem not to have cxteiided to the settlements on the Delaware. The people there did not participate in ihe resistance to CJovernor Carteret's authority. The exact situa- tion of this part of the province however, during Uiis first period of Carteret's administration, is not fully determined. It has been seen that upon the recovery of the country u)ion the Delaware from the Dutch, an ngreemeni was made with the people securing thi-m in the enjoyment of certain i)rivilc^cs and rights, under tlie authority of the King. 'I'lie claim of Maryland on the western side of Ihe river, l)eing put hack hy the superior authority of the Sovereign, the government was iidniinisiered by Nichnlls or ollicers appointed by him. until the further jtleasure of the King should be known. 'I'lu' (iiMMvaiicc from Uu- Duke o( York to OPPOSITION OF THE PEOPLE TO THE GOVERNMENT. 153 Fiiuliii;^ that all power to enforce the laws of the province was lost, the Governor's Council atlviscd that he should return to England, and give full information to the Proprietors of the state of affairs, and receive from them such further instructions as the present emergency might be thought to require. This counsel the Governor determined to follow. John Berry was appointed to serve as Deputy Governor during his absence, and soon after- wards, in company with James BoUen, the Secretary of the province, he departed for England. The Lords Proprietors gave the provincial officers a gracious re- ception. The favor of the Duke of York was also secured; at the request of the Proprietors the Duke addressed a letter to Governor Lovelace of New York, bearing date November 25th, 1672, in whicli instructions were given in relation to the disturbances that Berkely and Carteret placed the territory on the eastern side of the river, under the proprietarj' rule, and in 166S, as has been seen, deputies from that portion of the province, formed a part of the Assembly of New Jersey. On the western side of the river, government was continued under the direction of Nicholls; a garrison of twenty men was established at New Castle, under the command of Captain Carre, and he, with a Council of six persons, had the control of all affairs, only, that in "matters of difticulty or importance" he was to have re- course by way of appeal to the Governor and Council of New York. The same mode of government was continued under Governor Lovelace. He ordered that a duty of ten per cent, should be collected at Hoarkill upon all goods im- ported into the Delaware, and also upon all exports, and appointed Martin Preiger to collect the same. In some particulars the Governors of New Jersey and New York proceeded in concert. In 1671 they concerted measuies for the suppression of Indian disturbances on the Delaware, and it was agreed that nothing should be done without mutual advice and consent of both Governors, unless upon extraordinary occasions, where advantage against the enemy might be suddenly taken. In 1672 the government of New York gave corporate powers to the town of New Castle; the authorities consisted of a bailiff and six assistants. The English laws were to be established in the town, and among the inlmbitants on both sides of the Dehiware. Whether this extension of authority was actually attempted in New Jersey, at the time, is not known, but the situation of the province was such, that no resistance to such an encroach- ment would probably have been made. The authority erected at Nca Castle was maintained by the government of New York, resisting and finally defeating the attempts of the people and government of Maryland to recover the country, and afterwards, as will be seen, infringing upon the rights of New Jersey. 20 154 oi'posiTinx OF the rrori.E to the government. had occurred in New Jersey. Lovelace was directed to take notice himself, and wlien occasion should offer, to make known to the per- sons concerned, and to all others, that the Duke would countenance nothing- which would derogate in the least from the grant he had for- merly made to the Proprietors of the province, and the Governor was further instructed to give aid and assistance to the proprietary authorities for the restoration of order and quiet. The "pretended grants" from Colonel jN'ichoUs were also expressly mentioned, and were declared by the Duke to be entirely void.* The interposition of the King was also procured ; a missive was directed by him to Deputy Governor Berry, confirming his appointment, and enjoin- ing upon all persons obedience to the government of the Lords Proprietors. At the same time, measures were adopted by the Lords Proprietors themselves, to preserve their interests and main- tain their aulhoirity. They issued "A Declaration of the true intent and meaning of us the Lords Proprietors and explanation of their Concessions." This explanation however Mas in fact a renl alteration, changing the concessions in several important particu- lars. The authority that had been granted to the General Assem- bly was greatly reduced. The power of determining the times of meetings and adjournments which had belonged to the Assembly itself, was committed to the Governor and Council, so also was that to constitute courts in particular corporations,^ and to establish regulations for the allotment of lands. The right of advowson claimed by the Lords Proprietors and which they had granted to the General Assembly, was resumed and given to the Gov- ernor and Council, suliject to the nomination by the several cor- porations. Tlie authority of the executive body was further extended in regard to the appointment of the officers of the pro- vince, both civil and military. It was also directed that in all General Assemblies the Governor and his C'nuncil were to sit by themselves, and (he Deputies or Representatives to form a separate chamber. These changes gave almost a new character to the concessions. • Grniits and Concessions, p. 32. 'It was onicrcd that no more corporntions should 1"' cstablislietl wiiliont tin- upcciul orilrr of tin- Lords Proprietors. 0PP0?5IT10\ or TIFF PFOPT.K TO THE OOVrRXMF.N T. I .'»;") A gonoral declaration was made at tlie same tiino, (lircctod to the people of tlie province ; in wliich, the Proprietors declared that all lands that had been granted by Governor Carteret according to the terms prescribed, should remain to the owners and their heirs, forever, they performing the obligations they had entered into. But any claim founded upon grants from Colonel Nicholls the Proprietaries utterly disowned, unless the holders should patent their lands anew and pay the quit-rent, in M'hich case, but not otherwise, they should enjoy their tracts under the laws of the province. Instructions were also given to the Governor and Council directing that land should be purchased from the Indians in the name of the Lords Proprietors, and that the expenses should be reimbursed by individual purchasers, at the same rate. The final payment of all quit-rents was deferred, being directed to be made in three years from 1673. The several orders and documents that had been issued were received by Governor Berry, and were published in the province in May, 1673. But Lord Berkely, one of the Proprietors who had become alarmed at the insubordination that had been shown, and dissatis- fied with the prospect of pecuniary advantage, had already dis- posed of his interest in the province. He parted with the whole of his right and title on the 18th of March, 1673. The course of conduct that was pursued by the settlers of New Jersey, or by that portion of them who were concerned in the disturbances that have been noticed, can in no wise be justified. The change that occurred at the establishment of the proprietary government may not have been fortunate for those who had already made purchases of land by the authority of Nicholls; the conditions granted by him were liberal in many particulars. But, as already observed, he had no authority at the time to make any conditions whatever. The provisions of the proprietary government may not have been equally favorable, and in some respects they were not, but whatever they might be, they became binding upon all those persons who chose to remain in the province, and still m.ore upon such as deliberately entered, after the government had come into force. It has been remarked by an author of the highest repute, that " the colonists felt conscious of 156 RETl'RN OF THE DUTCH. their ability to take care of themselves. "^ But whether they were able to provide for themselves, or not, was far from the question in issue ; they had entered either tacitly, or formally, into terms with the Lords Proprietors, and there was no other point to be determined, than whether they would stand by the ag^reement they had formed. Whatever plea to the contrary might be raised sub- sequent to the alterations of the proprietary concessions, nothing had previously occurred that could impair the obligation the colo- nists were under. Whether the measures that had been adopted by the Lords Proprietors for the restoration of order, would have been attended with full success, there was no opportunity to determine. Before the period of trial had expired, the country had passed into other hands. Besides those disturbances which were of domestic origin, the province was also to be agitated in consequence of its connexion with countries abroad. The peace in Europe was broken; in March, 1672, war was declared against the Republic of Holland by Charles the English King, in conjunction with Louis XIV of France. The American provinces became again the theatre of hostile movements though the order of action was now reversed; the Dutch became the assailants. A squadron had been dispatched from Holland for the purpose of destroying the commerce of the English colonies, and after various attempts upon dilVerent parts of the coast, it ap- peared before New York, the ancient seat of the Dutch dominion. The arrival occurred at a most favo/able period for the attainment of the object in view. Lovelace, the Governor, was absent, and the chief command had devolved upon Captain Manning. The conduct of this ofliccr gave sufTicient evidence of his unfitness for the trust, and has consigned his name (according to general esteem) to a place in military annals, as little to be envied as almost any throughout their range. The place was surrendered without any attempt at defence, and without any conditions; ami full possession was taken l)y tlie Dutcli on the 'MHh of .hily. ' Bancroft. The remarks of tliis uulhor liowevfr. in rrlnlion to this point were after wardH materially changed. Sa \\ hitthcad, y. 5fi. RETURN OF THE DUTCH. ^ 157 U573. The fall of New York was immetliately followed I)y the subjection of the surrouiulino^ country, including the pro- vince of New Jersey; the Dutch had recovered their former possession. At an early period a proclamation was issued setting fortli their views and intentions; it guarantied to the settlers the enjoyment of their rights and privileges, on condition of swearing allegiance to the States General of Holland. It required the attendance at New Orange, (as they called the city of New York,) of all the magistrates and constables from the surrounding country, includ- ing East Jersey, and the settlements on Delaware Bay. Most of these officers attended and took the oaths as prescribed. These proceedings were directed by the naval commanders and captains who had been constituted, or constituted themselves into a body for the establishment and ordering of government.^ Captain Anthony Colve was appointed as the Chief Adminis- trative Officer. Application was soon made to the new authorities by a number of the English settlers in New Jersey, particularly those of Elizabethtown, Newark and Piscataway, praying that their rights and privileges under the present organization might be more fully made known. The application was immediately acted upon. The petitioners were assured that they should be protected in the possession of their lawfully acquired lands, that they should be placed on the same ground as the Hollanders, in regard to their civil privileges, and in case of peaceable behaviour, that they should not be required to take up arms against thje English people or government. The laws of the Netherlands were to determine the descent of property, but all persons should be left at liberty to dispose of it by will, according, to their dis- cretion. Liberty of conscience was also promised to the same extent as in the mother country. ^ These assurances seem to hjave given satisfaction to the petitioners, as well as to the other inhabi- tants of the province. But as a further means of securing quiet, and fixing die acquiescence of the people, it was thought neces- " The Commanders were Benckcs and Evertzen, the Captains were Colve, Does and Van Tylo. ' Whitehead, p. GO. 15H KKSTORATION OV KVr.LTSII AVTirORITY. sary fo appoint Commissioners fo visit the several settlements within the limits of " Achter Kol" as the province of New Jersey was called, and to require that each of the inhabitants should take the oatli of allegiance ; and this was done in most of the towns. Provisional instructions were also given to the magistrates and officers in dilferent parts of the province, directing them as to the mode of conducting affairs. But after a period, a more permanent plan was devised; a meeting of the authorities and the principal officers of the province was held, and a code of general laws was prepared. These laws were promulgated on the 18th of Novem- ber, "By the Schout and Magistrates of Achter Kol Assembly, held at Elizabethtown, to make laws and orders." The provisions of this code were mild and liberal, and the pre- servation of religion and morals seems to have been as much an object gf care, as the regulation of civil privileges and rights. The government thus establislicd was conducted in a manner agreeing in a great degree with the spirit of the laws; the persons and property of the people were generally protected and made secure, whilst moral and religious observances were recommended and enforced. '° Officers were appointed to have charge in the several towns. Peter Alrich was commissioned as Commandant in the country upon the Delaware; he was instructed to require the inhabitants to take the oath of allegiance, and was directed also "to support the true Christian doctrine as it accords with the Synod of Dortretcht, and not permit any doctrine repugnant to it."" But all tlie provisions for the establishment and maintainance of government were rendered of little effect in consequence of an early change in the state of European affairs. On the 9th of February, 1074, a treaty of peace was concluded between England " Private property was not respected in all instances. Colve directoil that the arms ant/ u//ier i(iiout his subsequent conduct gives ample confirma- tion upon the point. "Grants and Concessions, p. 4'J. RESTORATION OF ENGLISH AUTHORITY. 161 was made in a similar manner, and nearly in the same terms as the former one. But this second grant was made to Sir George Carteret in severalty, and included only a part of the territory of New Jersey. As before related, Lortl Berkely had disposed of his interest, being one undivided moiety of the province, to other parties, and these parties were not included in any wise in the new agree- ment. During the joint ownership of Berkely and Carteret no terri- torial division of the province had been attempted, nor is it cer- tain that any had been contemplated, but in the conveyance now made to Carteret, a distinct line was laid down, dividing the terri- tory into two separate parts. Whether this was designed at the time as a final measure, or only as a sort of provisional arrange- ment, is not determined, but is was far from making an equal divi- sion. It gave to Sir George "all that tract of land adjacent to New England, and lying and being to the westward of Long Island and Manhatoes Island, and bounded on the east, part by the main sea, and part by the Hudson River, and extends southwards as far as a certain creek called Barnegat, being about the middle between Sandy Point and Cape May; and bounded on the west, in a strait line from the said creek called Barnegat, to a certain creek in Delaware River, next adjoining to and below a certain creek in Delaware River, called Renkokus Kill; and from thence up the said Delaware River, to the northernmost branch thereof, which is in forty-one degrees and forty minutes of latitude; and on the north crosseth over, and thence in a strait line to Hud- son's River in forty-one degrees of latitude." Within these limits much more than one half of New Jersey was included. Sir George Carteret received back his province under the fol- lowing circumstances. The King of England had expressly confirmed the authority formerly exercised by Carteret and his associate, under their grant from the Duke of York, as well as such authority as Carteret should afterwards exercise, and this confirmation from the King was in advance of all con\'^yances or grants to others, made subsequent to the Dutch possession. The Duke of York had also made his grant to Carteret in the same manner and form as the original one; the province was conveyed by the Duke as before, " in as full an ample a manner as it had 21 162 RESTORATION OF ENGLISH AUTHORITY. been given to him," and under the former conveyance the rights of government were supposed to be conveyed and had been actu- ally exercised by the Proprietors, with the full concurrence of the Duke himself. But, before his grant to Carteret the Duke had included this very province in a commission of government given to Edmond Andross. In the conduct of the Duke there is ex- hibited a great degree of duplicity or obtusity, or rather a singular mixture of both. Philip Carteret, the Governor of New Jersey, whose mission to England has already been noticed, remained in that country during the time of the occupation of his province by the Dutch, and until the consequent proceedings were completed. So soon as the Proprietary authority was again confirmed, Sir George Carteret gave a new commission to his brother as Governor, and the latter soon afterwards returned to the province. He brought a new confirmation by Sir George of the concessions as "ex- plained" by the joint Proprietors, with such other regulations as the altered state of affairs had appeared to demand.'" Nearly at the same time that Governor Carteret returned to New Jersey, Edmund Andross, who had been appointed as Gover- nor under the Duke of York, arrived in the country, and took possession of his post. It will eventually be seen that the authority held or claimed, by these neighboring officers, brought them into frequent and rude collision. Governor Carteret met with no opposition from the settlers at his return to the province ; there was even an appearance of satis- faction. He published his commission at Bergen on the 6th of November, 1674, in the presence of his Council, and Commis- sioners from most of the towns, and thus resumed tlie reins of authority wbicli lie had been comprllrd for a time, to relinquish. At an early period a General Assembly of the province was summoned, and the session began on the 5lh of November, 167.'). Eight members of Council including. the Governor, were present, and fourteen Kepresentatives appeared from the towns. The members of both bodies took the oath of allegiance to the King (I'mnts ami Concessions, \>. r>.'). RESTORATION OF BNOtlSH AVTIIORITY. 163 and fidclitj'^ to the Lord Proprietor, except that the oath was re- fused by one of the Representatives from Shrewsbury. He was dismissed. Laws wei-e enacted at this session for the delence of the pro- vince, against "any enemies or dangers that may accrne," by pro- viding for the establishment and arming of military bodies, and the erection of places of security in the several towns. Provision was also made for the institution of regular courts to go under the deno- mination of County Courts, •'' Tw^o of these courts were to be held in every year in each one of the counties, adjacent towns forming a county, and a rate of fees for the court officers was also established. Regulations were made for the assessment of taxes throughout the province, and a "Country Treasurer" was appointed.'^ A code of capitiil laws was also adopted, very similar in its provisions to that wliich had been passed in 1668. An act of amnesty concluded the proceedings of the session. By tliis last mentioned act it was prescribed, that all inhabitants and members of the province should be freely pardoned of all olVences, whether capital or other, committed between the year 1670 and tlio 1st of June 1673, and also that "all reviling speeches practices, or intents" tending in times past, to the disturbance of amity, should be pardoned by the Governor, and be buried in oblivion. This favorable beginning seemed to give a promise of future harmony and success, a promise however, which was not in the event entirely fulfilled. But before proceeding to consider the further course of affairs, it may be proper to notice the events which relate to the other portion of the province. " Previous to this time there had been no other courts than those estabhshcd by particular corporations. " Samuel Moore, of Woodbridge, was appointed to this ofTico, wlio was to have nine pence per pound for his care and pains. CHAPTER X. PURCHASE BY FBNWICK AND BYLLINGE. PARTITION BETWEEN FEN- WICK AND BYLLINGE. SETTLEMENT OF FENWICK. QUINTIPAR- TITE DIVISION. PROVISIONAL GOVERNMENT. PROPRIETARY GO- VERNMENT. It has been stated that on the 18th of March, 1673, Lord Berkely, one of the original proprietors of New Jersey, disposed of the whole of his right and interest in the province. The pur- chase was made by John Fenwick and Edward Byllinge.' These persons were members of the Society of Quakers or Friends, a religious people who had experienced much opposition and per- secution, and there is reason to believe that a principal object pro- posed by Fenwick and Byllinge in making their purchase, was to secure a place of retreat for themselves and their religious asso- ciates. The Society of Friends had arisen in England at a time when all the elements which go to the constitution of general society, were in motion. It was a period of inquiry and of action. In the temporal affairs of men a most searching disposition had been working; the origin and nature of civil and political rights were inquired into, and the particular circumstances by which these might be endangered, as well as the points at which they had been actually encroached upon, were carefully noted. A spirit not unlike to this had also been in action in those higher investigations which relate to the spiritual concerns of man. The dogma which gave infallibility to one person as the head of the Church had long been utterly rejected, and the decisions of Councils and of Kiiifrs were no longer received as the true expo- nents of Christian doctrine. Man, individual man, claimed the right to know and to judge for himself, concerning the relation in ' Thry gnvo tlio snin of one thousand poiuuls. PVRCIIA6K HY FENWICK AND BYLLINCiE. 105 which he stood to the maker and preserver of all. The Quakers or Friends became somewhat distinguished for the boldness with which they pursued their inquiries, and for the position they assumed in religious concerns. They went further than others in their ques- tionings, and rejected almost every thing belonging to the "acci- dents or circumstances" of religion. They were resolved to stop at no shadow, but to reach to the substance. But this independence of thought and of action caused these persons to become objects of suspicion to those who were incapable of comprehending their singleness of purpose. The earthly themselves, formed no con- ception of the spiritual, except as mingled with the earthly. They were unable to comprehend an aim that was far above every thing connected with mere worldly advantage or aggrandizement. Hence, at the restoration of Monarchy, the Quakers were classed amongst those who were supposed to hold sentiments inimical to the peace and safety of the State, and were visited in consequence, with most rigorous persecution. A Royal proclamation was issued including them with persons known to be disturbers, and forbid- ding them to meet under the pretence of religious M'orship, except in the established parochial churches. A law applying particularly to them was also enacted, subjecting them to the severest penalties, and this law was enforced in many instances, in a manner the most unsparing. Under such an enactment too, escape was impossible ; it operated not merely in the case of overt acts, but was directed against a name, and a mere negative offence. All Quakers who should refuse to lake the oaths of allegiance were subject, and were su])jected, to the penalties setfortli, and this too, though it was constantly asserted by the sufTerers, that their refusal to take the oath proceeded from no want of attachment to the State, but from a regard to the high injunction "swear not at all." Besides the proceedings against the Quakers on the charge of disaffection to the State, they were visited also in the name of the Church. At the restoration, Charles had issued a specious declaration giving a promise of liberty of conscience to his people, but he was wanting either in disposition, or in power, to fulfil his engagement. The English Church had rejected the authority of Rome and asserted the right to freedom of thought, but it resolved tliat this right should only be enjoyed within its own particular 106 PARTITION BETWEEN FENWICK AND BYLLINGE. bounds. It assumed that the true point had been reached, and that all who should advance beyond this limit, were to be regarded and treated as oflenders. The Quakers were summoned to the ecclesiastical courts, and prosecuted and condemned upon various pretences ; many were buried in prisons, and sulTered the loss of their estates, and even of their lives. It is not wonderful, under these circumstances, that the members of this society should have been desirous to discover and secure a place of retreat. In sup- port of their testimonies they shrank not from suffering, and a few it may be, with questionable zeal, were even disposed to invite it. But the soberer views of the body led to the belief, that suffering in itself, Avas not to be esteemed as a merit, and that to avoid it, without a compromise of their principles and faith, was not to be condemned as a fault. And a place of escape presented. NeAV Jersey had been in tlie hands of persons who had been possessed of ample authority, and had established a tolerant government. These persons had been disappointed in the expected pecuniary return, but a pecuniary return from the labor of others, was not the object which the Friends proposed, but rather security and peace for themselves. Hence the oiler of Lord Berkely to dis- pose of his interest in the province was readily met and accepted. The conveyance from Berkely was made to John Fenwick, in trust, for Edward Byllinge. Some difficulty was afterwards ex- perienced in determining the respective interests of these jjarties in the property they had purchased. The parlicidar nature or cause of the embarrassment, is rather surmised than known, but it was necessary to effect a setdement. For this purpose the intervention of William Penn was requested; his talents in busi- ness and elevated character and standing, both within the limits of his own society, and also in the world, pointed him out as a proper arbitrator. His award was acceded to. It gave one-tenth part of the province, with a considerable sum of money, to Fenwick, and the rcmaindc r of (ho tcnitorv was adjudged to be the property of Byllinge. No long time had elapsed before a new dillicully arose. Byl- linge was a mercliant, and was overtaken by a change of fortune, in consequence of wliich he was obliged to make a conveyance of his right-s and interests in the province, for the use and benefit SETTLEMENT OF FENWICK. 1 G7 of Others, The property in the province, having been acquired, at least in part, witli a view to the advantage it might afl'ord to persons of his own profession, it was a proper desire that it should yet be held, so that the contemplated benefit might still be secured. It was therefore assigned to three of his fellow members in religious society, William Penn, Gawen Lawrie, and Nicholas Lucas. On the 10th of February, 1674, Fen- wick and his constituent Byllinge, assigned nine undivided tenth parts of the province to tlie three persons just mentioned, to be held by them, in trust, for the benefit of the creditors of Byllinge. The remaining tenth part of the province continued in the hands of Fenwick. But not long afterwards, circumstances occurred by which this portion also, was placed, in a legal sense, under other control. At an early period measures were taken by Fenwick to effect a settlement of the province ; lands were sold to several individuals who proposed to adventure to the country, and this w^as also the design of Fenwick himself. But before his departure from Enirland he procured a sum of money from two individuals, John Eldridire and Edmund Warner, and to secure the repayment of this, and some other sums, he executed to Eldridge and Warner a lease upon his portion of the province for one thousand years, with a condition allowing them to sell so much of the land as would reimburse them the amount of their claim. A lease with a discretionary power to sell, effectually placed the control of the whole in the hands of the lessees, subject only to a contingent claim, remaining with Fenwick. Notwithstanding this conveyance, Fenwick considered himself as still possessing such rights in the province as would warrant his entering at once, and using, for his own particular benefit. Accordingly, he departed from London for the province, in com- pany with a number of settlers; they arrived in June, 1675, and landed not far from the Delaware, at a place they called Salem. Here a permanent settlement was made. Soon after his arrival, Fenwick entered into treaty with the natives, and purchased from them an extensive portion of country. ^ He proceeded to divide -llf! purchascil all the lands inclmlod in llic piTsont counties of Salcni and Cumberland. Sec Johnson's Sakm for jmrlicuiurs i)i relation to thcbc purchases. 168 SETTLEMENT OF FENWICK. the lands and make ^ants to the several settlers, and claimed authority in the province, as Chief Proprietor. But at an early period opposition was experienced, and that from a quarter Avhich could have been but little suspected. It has already been stated that the Duke of York had given a commission to Edmund Andross, in which New Jersey was in- cluded. But besides the acts and assurances of the Duke himself, Andross had published a proclamation promising that all former grants, privileges or concessions heretofore granted, and all estates legally possessed by any under his Royal Highness, before the late Dutch government, should be confirmed. This seemed to be sufficient acknowledgement of the rights and claims of the Proprie- tors of New Jersey, and of those who held under them. But these declarations were soon to be contradicted by positive acts. Very soon after his coming to the country Andross gave a com- mission to Captain Edmund Cantwell to take command at New Castle, and to superintend the collection of the customs at Iloarkill. Upon the advent of the settlers at Salem, information of the fact was transmitted from Cantwell to his superior at New York. A council was directly held, and it was resolved that Fenwick having no order ("which if he had ought to have been first brought here and recorded,") should not be received as owner or proprietor of any land, and that as to any privilege or freedom of cus- toms, or trading on the East Shore (of the Delaware,) none be allowed in any case "to the smallest vessel, boat, or person." This order was given December 5th, 1675.' At a subsequent period (November 8th, 1G7G,) a communication was transmitted from Andross, to the Commander at New CasUe concerning "John Fenwick's actings on the east side of Delaware River," in granting patents for land, and refusing to obey a warrant from the Commander and Court at New Castle, and a direction was given that Fenwick should be arrested and sent to New York. The attempt to execute this order was not quietly acquiesed in. Fen- wick dosed his house against the officers, and declared that he did not know that the Governor of New York liad any concern with him, and that he was resolved not to leave his house unless ' New Castle Record«, cited by Johnson. SKTTLEMENT OF 1-ENWlCK. 169 he should be carried away by force. But force was soon resorted to; on the 8th of December, 1676, a special meeting of tlie Com- mander and Justices was hehl at New Castle to take order for "the apprehending of Major Fenwick,"' and a warrant was issued to Lieutenant Johannes De Haes, Michael Baron, and George Moore, under Sheriff, to levy twelve soldiers and to repair to Salem and make the arrest of Fenwick, and authority was given to use any degree of force that might be found necessary for the ])urpose. The order was executed; Fenwick was taken to New Castle and afterwards sent to New York.^ Upon his arrival at that place, he produced to Governor Andross the King's letters patent, the Duke's grant to liOrd John Berkely and Sir George Carteret, and the Lord Berkely's deed to himself, whereupon, as he himself states, he was released and allowed liberty to return without obligation. This release however was made with a con- dition that he should return on or before the 6th of October fol- lowing, which accordingly he did, and was afterwards detained and kept as a prisoner by order from the Collector of Assizes, and was finally liberated, (according to the statements of Andross and his officers,) upon his parole not to assume any authority on the east side of Delaware Kivcr, until further warrant should be given. During this time measures had been progressing for the more general settlement of the province. The assignees of Byllinge had proceeded in the exercise of their trust; many of the creditors of Byllinge accepted lands in satisfaction of their claims, and other individuals purchased directly. A form of government for the province was also projected and prepared, an instrument which will presently be noticed, at length. To facilitate the settlement and government of the country, it was deemed important that a division should be effected with Sir George Carteret, the proprietor of the other part. 'J'his was the business of the original proprietors, such a settlement being implied in their agreement with purchasers. It was supposed * Fenwick had formerly been a military olFiccr. » A circumstiyitial account of these proceedings is to be found among the IS'evv Castle Records. But every thing of imjjorlance is given by Johnson iit the proceedings of the Historical feocielv of New Jersey, vol. 11. 22 170 QUINTIPARTITE DIVISION. that this division could be more readily and properly accomplished by placing the whole of the portion that had been purchased from Lord Berkely, in the hands of the assignees of Byllinge, ihey alreadv having the control of nine, in ten parts. For this purpose Eldridgc and Warner, the lessees of Fenwick, who had control of the remaining tenth, conveyed that portion (reserving only the rights of original purchasers from Fenwick) to 1\ nn, Lavrie, and Lucas, and in consequence, these latter persons were put in a situation to make a general partition with Carteret. The division of territory that had been made by the line laid down in the second grant from the Duke- of York, was not now insisted upon. It gave an important advantage to Carteret, a fact however, that may not have been known to him, or to the Duke, at that time. ^^ hether so or not, a desire was expressed by the Duke that the question of boundary should be opened anew, and an opportunity be given fur the concurrence of the several parties that were now concerned, a course to which Carteret acceded.® In pursuance of this design, a new bcr.ndary was agreed to, and the agreement was ratified and confirmed by an instrument which w'as called "An Indenture Quintipartite," taking its name from the number of persons engaged therein. Tliese individuals were Sir George Carteret of the one part, and \Villiam Penn, Gawen Lawrie, Nicholas Lucas, and Edward Byllinge, (the last having only an equitable interest,) on the other part. By the "deed quintipartite" which was dated July 1st, 1G76, the line of division W'as made to extend across the province, from Little Egg Harbor, to a point on the Delaware River in forty-one degrees of north latitude. To the divisions separated by this line, the names of East and West New Jersey respectively, were applied, and this distinction continued to be recognized, until the charters of both were sur- rendered, and the two portions included togetlier under a Royal government. After the division above mentioned had been effected, Byl- linge aiiil his trusters rcconveyed the share that had belonged to Fenwick, giving it to Eldridge and Warner in fee, and ihey were ' WiiitcheaJ, j). G7. PROVISIONAL GOVERNMENT. 171 thus admitted into the number of proprietors.'' The proceodingrs of his lessees were complained of by Fenwick, and he afterwards diroctlv accused them, as well as Penn and his associates, of having concerted a plan to deprive him of his property and rij^hts.^ This charge can hardly be sustained, yet it must be confessed that tlie appearances were such as to expose the parties to unfavorable imputations. Eldridgo and AVarner undoubtedly obtained an ad- vantage which however, they may never have designed to use, and may not have used, to the injury of Fenwick.' As an expedient for conducting the business of the province previous to the establishment of the projected government, provi- sional authority was given to three individuals, who were to act on behalf of the proprietors. Two of these persons, Richard Hartshorne, and Richard Guy, were residents in Eii-i Jersey, and the other, James Wasse, was sent specially from England. They were commissioned on the 18th of August, 1676, by Byllinge and his trustees, in conjunction with Eldridge and War- ner.'" Full authority was given to them to act for their con stituents, according to certain instructions. They were first to endeavour to remove the difficulties arising from the presence and the claims of Fenwick." They were to get a meeting with him and his people, sliow tlie deed of partition with Carteret, and ex- plain the proceedings that had taken place between the assignees of Byllinge, and Eldridge and Warner, and make a proposal for a general concurrence, so that the lands that had been purchased, might he divided according to the original agreement between ' Mickle's Rcininesccnces, p. 30. " Sec Feiiwick's Remonstrance and Declaration in Johnson's Salem, p. 33. " The acts of Eklritlge and Warner arc hardly accounted for by the ostensi- ble reason; the rc-convcyancc to them, in fee, completely cut ofi" the reversiona- ry claim of Fenwick; but oa the other hand the jnoceedings of Fenwick in entering the territory and scliinc: lands as his own, aitcr iiis conveyance, is not easily explained. The 'intentions of all these parties were probably just, but their business transactions became strangely confused. There n)ust have been an erjuitttble inttnt in their aijreemen tthat is not apparent in its general aspect. '° Smith's New Jersey, p. 83. • " At tiiis time Fenwick was still in the province, the ordtT of Governor An- dross for his arrest, not being given for some months afterwards. 172 PROPRIETARY GOVERNMENT. Fenwick and Ryllinffe, But if the profTer of amity should not be accepted, then the true situation of Fenwick might be made known; the country might be informed that he had no power whatever over the persons or estates of any, having no authority to act, without the consent of Eldridge and Warner. Tlie Commissioners were autliorized to purchase and take up lands, ninety parts for the use of William Pcnn, Gawen Lawrie, and IVicholas Lucas, and ten parts for John Eldridge and Edmund Warner. '-' The etTorts made by the Commissioners to effect an adjustment with the settlers at Salem, were not successful ; Fenwick con- tinued to assert his rights as proprietor, both in regard to property and govennneut. Tlie declaration which the Commissioners were authorized to make was therefore pul)lished in the province, and an attem])l was made to survey the lands that had been previously pur- chased; Richard Hancock, who had been previously engaged in this service under the direction of Fenwick, being now em- ployed by the Commissioners.' Ikit the authority of these Com- missioners was soon superseded by the introduction and establish- ment of the Proprietary government. The power to institute government was one of the proprietary rights which was supposed to be equally disposable as property in land, and it had thus been conveyed to the present possessors of West New Jersey- Whatever objections might be made to the mode of transmission, none can be brought against the views or designs of the holders in regard to its use. The exercise of government indeed, had been a priiu-i])al aim, but they had desired it, as means of security, and not of injustice; it had been sought for the purpose of shielding themselves aiid others, from oppression and wrong. It was not to be used as an instrument for their own elevation, but, as they de*'lared, that they might " lay a foundation for after ages, to understand their liberty as men and as christians, that they may not be brought into bondage but by their own consent" The original scheme '■' TIiIh was llic |)n»jK)rti()n <>ri(;iii;illy np;rrc(l iipoii lirtwcon Fenwick ami Byllint!*!- Niiu' piirts to llio liittrr, niid one to the former. " .lolinson's Salem, p. ''i9. rnOPRIKTAUY OOVF.UNMKNT. ] *.'< was devised by Ponn and his immediate co-adjutors, but it wag afterwards submitted to others as they became concerned in the province, and received their approval and sanction. It was first promulirated on the 3d of March, 1676. It Avas called "The Concessions and Agreements of the Proprietors, Freeholders, and Inhabitants of the Province of West New Jersey, in America." The concessions may be considered under two separate aspects ; first, those general fundamental principles or conditions which formed the basis of government, and marked out its sphere, and secondly, those particular provisions by which the government itself was established, and its operations directed. It was declared that the fundamental rights and privileges granted in the instrument, were to be regarded, and to continue, as the foundation of government; that they were fixed and unalterable, not to be revoked or changed at any time by the legislative authority, and that any person or persons who should designedly and wilfully excite a Legislative Assembly to any thing subversive of these fundamentals, should, if it be suffi- ciently proven against him, be proceeded against, as a traitor to the government. These "fundamentals" were to be read at the beginning and dissolving of each General Assembly, and were also to be read "in a solemn manner," four times in a year in every hall of justice within the province. It was laid down in these fundamental conditions, that no man or number of men upon earth hath power or authority to rule over men's consciences in religious matters, and that no person or persons within the province, should be in any wise, or on any pretence, called in question or punished in his person, estate, or privilege, on account of his opinion, judgment, faith, or worship toward God in matters of religion. That no proprietor, freeholder, or inhabitant of the province shoidd be deprived or condemned of life, limb, liberty, or estate, or hurt in his privileges, freedoms, or franchises, without due trial an. 37. I PROPRIETARY GOVERNMENT. 179 The (liflerences between tlie West Jersey government and that existing at the same time in the eastern portion of the province, were important and obvious. In tlie hitter the executive authority was entirely independent of the people. The legislative authority was also independent in part; the Governor and Council formed a part of the General Assembly, and being a distinct house had equal power with the popular branch. The Governor and Council had also the important authority of convening and proroguing the General Assembly; they had power also for the establishment of certain courts, and for the appointment of officers. In these, and other particulars, the government of East New Jersey was strongly distinguished from that of the western province. But the two cases were also diflerent. The government of the eastern portion had emanated from individuals who were among the rulers of the English realm, and their work could hardly be expected fully to redect the popular feeling, and especially that feeling which an experience of actual oppression, had excited. Beside this, the discontents and disturbances that had occurred in the province had led to a change in the government, and the introduction of more rigid conditions than had at first been imposed. Probably the government of the eastern portion would not have been ac- cepted in the western, and it is equally probable, that the plan of the latter, would have been found, at the time, not suited to the former. CHAPTER XI. P R C E K D I X G S IX WEST X E W JERSEY. In accordance with the design of the concessions, Commission- ers were appointed by tlic proprietors to take charge of affairs in the province, and direct the proceedings preparatory to the settlement of the country, and the introduction of the projected government.' In the year 1677 they departed for the province. They were ac- companied by a large number of settlers, most of them being mem- bers of the Society of Friends. The company arrived at New Castle on the 16th of August, and soon afterwards landed at the mouth of the Narriticon or Raccoon Creek, at a place where a few Swedes had settled and erected some dwellings. ^ The Commis- sioners themselves, had landed at another point, being desirous to visit New York and wait on Governor Andross. This visit was probably intended as a measure of policy in view of the violence which had been committed by Andross in the seizure and deten- tion of Fenwick.^ It could have been no part of the design of the Commissioners to make any concession acknowledging the claim of Andross to authority in New Jersey; but they may have sup- posed that a frank explanation of their objects might conciliate the Governor, and ward off difficulty in future, and they were Avilling to pay respect to the Duke's commission. ' But it soon became ap- parent that something more than "respect" was demanded. So soon as the Commissioners had presented themselves and made ' There were nine commissioners now appointed — Tlionuib Olive, Kobert Stacy, Benjamin Scott, Daniel Wills, John Kinsey, John Penford, Richard Guy, Jo- sepli Helnjslcy, and Thomas Foiilke. '^ This was one of llic ancient Swedish settlements on tiie Delaware, it was near the site of the present town of Swcdcshorough. ' At this time Fenwick was detained as a |irisoner in New York. ' !*'iiiith's IS'cw Jersey. PROCEEDINGS IN WEST NEW JERSEY. 181 known their intentions to Andross, he demanded, whether they had any warrant from the Duke of York in relation to the proposed at- tempt. They had none to produce ; but they replied to the demand by setting forth at lengtli the claims of the proprietors, showing that a conveyance liad been made to them by Lord Berkely, one of the grantees of the Duke, and that tliis conveyance was believed to be sufficient and full, both in respect to property and authority in the province. But all this was little regarded by Andross. He insisted that his commission extended over the whole of the country, and declared that should he surrender it, without an order from his master, it would be at his peril, though he expressed a willingness to yield it up, without further delay, if they could show but "a line or two from the Duke." The Commissioners attempted a remonstrance, but they were presently silenced by Andross, who pointed with some significance to his sword. In. this manner an intimation was given of the Governor's determination to maintain the authority he claimed, and to do this, should it be necessary, by deeds, as well as by words. Further remonstrance or resistance seemed useless. But Andross finally proposed in order to enable the Commissioners to proceed in their purpose, that they should take a warrant from him, until a further agreement should be made. This proposal was at length accepted, the Commissioners preferring to proceed under such authority, rather than to incur the hazard of being wholly frustrated in their plans.* These proceedings, together with the measures that had been previously taken in reference to Fenwick, were entirely sufficient to explain the intentions of the Duke of York in granting a commission to Andross within the bounds of New Jersey. It was clear, that notwithstanding the grants he had made, he was resolved to claim and to exercise au- thority, and the instrument he had chosen, was entirely disposed to second his wishes and designs. Directly after the occurrences above mentioned, the Commis- sioners joined the body of settlers and proceeded in the discharge of the duties of their trust. They purchased from the natives three It is stated that they took Magistrates' Commissions from Amlross. S'/nilh's New Jersey, p. 93. 182 PROCEEDINGS I.N WEST NEW JERSE'^l^ several portions of lands upon the Delaware, the whole reach- ing from the Assunpink on the north, to Ohlman's Creek on the south; at the latter hounilary they were brought to the borders of the territory that had already been purchased by Fenwick.** At an early period the West Jersey Proprietors had entered into a contract or agreement with five individuals of the county of York, in England. In pursuance of this agreement, an article was in- serted in the proprietary concessions, directing, that the Commis- sioners should grant unto the persons in question, or their lawful representatives, the privilege of choosing any one of the tenth parts or shares that should first be laid out. These persons or their representatives, were also to have privileges for building a town, and were to be allowed the liberty of choosing their own magistrates and ofiicers, for executing the laws according to the concessions, within the said town. At a subsequent period, a company of persons in London pur- chased a patent for another tenth or share. Among the indiv iduals Avho were now in the province were persons authorized to act on behalf of these companies, and selections of lands were accord- ingly made. The representatives of the Yorkshire interest, Helmesly, Emley and Stacy, made choice of the land extending from the Rankokus to the Falls of Delaware, and tliis portion was accordingly assigned to them by the Commissioners as tlic first tenth. The agents of the London Company, Penfotd, 01iv( . Wills and Scott, chose a portion of tei-ritory lower down thu Delaware, in the vicinity of Arwamus and Timber Creek; but final- ly an agreement was entered into by these two companies for a near- er union. They agreed to act together in setUing a town, and a place was selected for the purpose, to which the name Beverly was given, which afterwards was changed to Bridlington, and finally to Burlington, which last it still continues to bear. In consequence of this agreement, the London settlers took lands nearer to the place of the principal settlement. Two tenths were thus appro- priated and entered upon, and the number of settlers therein was ' For the pailiiulars in ri-lalion to tlu' sovcial imrchases from tlie natives this time, see Smith's New Jersey, j). Oft, and Mickle's Iteniiniscences, p. 33. 1 PROCEEDINOS IX VEST NEW JEHSEY. 183 soon increased by the coming of several companies from England.' The general ordering of all afi'airs in the province was in the hands of the Commissioners; they were authorized to lay out the lands included in the difl'erent tenths, into ten proprieties and to allot them to particular purchasers. They were to appoint a Surveyor (in case no such appointment liad been made by tlic Proprietors.) and in like manner a Register or Recorder, and wore authorized to determine the rates and fees of these officers for their respective services. Particular regulations were given in the concessions as to the mode of apportioning lands. The quantity was determined by the period of the applicants arrival, advantages being allowed to early applicants, and also according to the number, age, and condition of the persons that were brought to the province. No authority was given to the Commissioners for making new regulations or laws, they were strictly to pursue the course laid down in the concessions. The special privileges granted to the Yorkshire settlers enabled them to select and appoint their own magistrates and officers, but these too, w'ere to be governed in all affairs by the laws of the concessions. No authority was en- trusted to any which could in any wise conllict with the powers that were to be exercised by the General Assemblv of the province.* Tlie powers and duties assigned to the several ofTicers, were simply of an administrative character. By the setUers in the first and second tenths, the prescribed conditions appear to liave been fully observed. But such was not entirely the case among the people at Salem. In 1678, Fenwick, having been liberated from confinement in New York, returned to the province and again assumed the principal control. He proceeded to make choice of officers for his colony; appointing Samuel Hedge, Surveyor General; James Nevill, Secretary, and Samuel Winder, Register, and declared that he would nominate and appoint other officers at his leisure, and demanded in his Majesty's name "the superiority, and the submission of the people as his right and propriety."^ " Smith's New Jersey, p. 102. ' In East Jersey the privileges of the special charters had been insisted upon in opposition to the authority of the General Assembly. ' Cantwell's Declaration in New Castle Records. 184 PROCEEDINGS IN WEST NEW JERSEY. Directly afterwards, a proclamation was issued in the name of "John Fenwick, Esq., Lord or Chief Proprietor of the said province, and in particular of Fenwick's colony within the same." In this all persons, Dutch, French and English, M'ho had settled themselves wilhin the limits of said colony without applying to, or receiving any warrant from lawful authority, were required to appear before Fenwick, within one month, and show their order or warrant for " their pretended titles." Nearly at the some time, a council, consisting of the officers be- fore mentioned, and other persons of "Fenwick's Colony," was held, and regulations were adopted for surveying and setting forth lands according to a method agreed upon, and which was supposed to be suited to the interests of the settlers.'" These proceedings were an assumption of independent authority, and in direct oppo- sition to the proprietary concessions. It does not appear, however, that any attempt was made by the Commissioners at that time, to extend their authority within the limits of the territory that was claimed by Fenwick, or to interfere in any way with his doings. A wise forbearance was exercised. But if Fenwick escaped from all interference from those who had a right to inquire concerning his proceedings, he was less fortunate with respect to those who had no right. His resumption of authority upon his return to the province brought him again into collision with the authorities at New Castle. He had declared that no one Avho should pay the customs imposed by Governor Andross should be permitted to enjoy lands within his jurisdiction. On the 9th of May, 1678, a communication was sent to New York from the justices of the court at New Castle, "concerning the new alterations made by Major John Fenwick," with a re- quest that a speedy order might be given concerning the same. At that time Governor Andross was absent from his province, not having yet returned from England whither he had gone in the year preceding, but his Secretary and Council, who received the communication from New Castle, gave orders that notice should be given to Major Fenwick to forbear from the exercise of any Johnson'n Salcni, p. 23. PROCEEDINGS IN WEST NEW JERSEY. 185 authority on Delaware River, according to his parole which (it was said,) had been formerly given, and that should he persist, he was again to be seized and sent to New York. The "notice" was transmitted to Fenwick, but he replied that he was bound to give an account of his government to no one but the King of England, and that he only desired to enjoy that which was his just and undoubted right. A siill more urgent direction to tlie same eflect as the former was soon afterwards transmitted from the Council at New York, to which an answer was returned on the 24th of July, 1678, in- forming the Council, tliat Fenwick had already been taken to New Castle, and that the authorities there were only awaiting a fit op- portunity to send him to New York." Thus another outrage was committed within the limits of New Jersey, by direction of th« officers acting under the commission of the Duke of York. Further difficulties from the same source were soon to arise. The population of West Jersey was now rapidly increasing by the frequent arrival of new companies of settlers. All these com- panies coming by the Delaware, were subjected at their first arrival to a demand for customs upon all imported goods, which customs the authorities at New York had ordered to be collected at Iloarkill; all exports were also liable to the same demand. As has been stated, the customs in question were first imposed by Governor Lovelace, but they were continued with some slight alteration' by Andross, and under his direction the payment had been rigidly enforced; no exemption was permitted "to the smallest vessel, boat or person." This demand was so entirely in opposition to those immunities which the people of this province had expected to enjoy, and which they had a right to enjoy, that it could not be quietly acquiesced in. It has been seen that Fen- wick objected to, and opposed it, and it was the cause of dissatis- faction and complaint with all the settlers in the province. Instead of the full enjoyment of property under the protection of laws and institutions of their own, they were subjected to the arbitrary exac- tions of a government in which they had no interest or concern whatever. They were reduced to a merely tributary state. The New Castle Records. 24 186 PROCEEDINGS IN WEST NEW JERSEY. question involved in such a demand was of too much importance to the interests and liberties of the settlers to be allowed to remain long undecided. The proprietors in England made frequent and urgent represen- tations to the Duke of York, upon the subject, and at length, to escape from importunity, or from a transient regard to the demand^ of j justice, the Duke was induced to appoint Commissioners to hear j and make report in the case. The Commissioners who were ap- pointed for this purpose, referred the matter, with the consent, or \ by the request of the Duke, to the decision of Sir William Jones. \ The defence of the rights of the colonists was made by the pro- prietors, and they maintained their cause with signal ability.'* The case was one that admitted of some scope of argumentation, as it properly included the extent of .the royal prerogative, as_Avell as the particular exercise of power which was the subject of present complaint. The general power of regulating duties and imposts had ncM r been granted to the English King, on the contrary it had b' expressly and repeatedly denied. By one of the ancient stan of the realm it was prescribed, that no tax or impost should 1h levied without the consent of the Lords and Commons. And in a later statute it Avas declared, that tlie King promises to take no \ customs from merchants without the assent of the realm, saving ^ the customs on wool, skins, and \g'a\\wy, formei-ly granted. The ', continued attempts of Charles the First to take the property of his | people without the authority and assent of Parliament, had been i one of the principal causes that led to the loss of his tlirone. It liad \ become a settled principle of English law tliat the King had no right ' of himself, within his hereditary domains, to impose 'any ta-x or cus- tom whatever. • Hence there is no other point to be considered' in comiexion with the present case than whether this limitation upon the King's prerogative extended into colonies, as well as ihrougli the ancient portion of the British realm. Lord Holt declared that the '^The argument of the Proprietors was addressed "to those of the Du Commissioners whom lie has ordered to hear and make report to him eoiun..- ing the customs demanded in West Now Jersey, in America, hy his fJovernor of New Vork." PROCEEDINGS IN WEST NEW JERSEY. 187 law of England did not extend to Virginia; '■'■her law is what the King pleases. '3 But this doctrine has not heen sustained, and is in direct opposition to the general spirit of the English laws. The rights and franchises of Englishmen were not to be given or with- held at the discretion of the King. By his own prerogative he might institute government in new lands, but the government so established must be in accordance with the laws and customs of the kingdom. In the most distant places the immunities that belonged to English subjects might be claimed and enjoyed, and among the most important of these immunities was an exemption from all taxation, except such as they should assent to. And if the King himself had no risjht to impose taxes or imposts in any part of his dominions, neitiicr could any other, in virtue of a grant from him, conic to the possession of such a right. Whatsoever grant the King might make, no tax could be laid but by the assent of the people themselves. If these principles be admitted, it will follow that the Duke of York, and of consequence his subordinates, were without any authority to warrant the imposition of customs, in the case in question. This view was clearly perceived by the proprietors and was strongly set forth by them in the representation they made. They urged that the constitution and government of England gave no support to the authority that was here assumed, it being a fundamental law that the King cannot justly take his subject's goods, without their consent; this, they said, need not be proved, it is an acknowledged principle, "'tis jus indigene, an home born right, declared to be law by divers statutes." And they represented that as Englishmen they were entitled to enjoy this riglit, not having lost any part of their liberty by leaving the country, and furthermore, that in the King's grant to the Duke of York, the power of the latter was expressly restricted, it being declared tliat the laAvs and ordinances he might establish, were not to be contrary to the laws, statutes, and ordinances of the realm of England. But the remonstrants dwelt with no less force upon another point. They not only denied to the Duke the power in question, inasmuch as the King had not given and could not " Salkeld, p. 66fi. Particular statutes w ere not supposed to extend to the colo- nics, unless they were named, liut general righti? were common to both countric-s. 188 pnocEKDixcis in west new jersey. give it to him, but they also insisted that the government of the province had now been surrendered into other hands. That the Duke for a competent sum of money paid him by Lord John Berkely and Sir George Carteret, granted and sokl unto them the province of New Jersey, and that he conveyed it to them in as full and ample a manner, as he had himself received it from the King. And that Lord Berkely and Sir George Carteret had made certain concessions containing a model of government, and diat many persons went there and planted, and the said government was established and administered with the knowledge of the Duke of York, and without question from any. With a knowledge of these facts, and also upon a presumption that neither Lord Berkely or Sir George Carteret would attempt any thing they were not properly authorized to do, the present proprietors, as they said, had agreed with Lord Berkely for his portion of the pro- vince, and that in the conveyance from him, powers of government were expressly granted. Without this they said, nothing could have induced us to purchase, " because, to all prudent men the govern- ment of a place is more inviting than the soil." They were not desirous of power, but of safety, not only for themselves, but for others, and that their purpose had been to assure people of an easy and safe government, both in respect to their spiritual and worldly concerns. That they had sold lands in the province to some hundreds of honest and industrious people who had trans- planted themselves to the country, and that upon their arrival they had been met with a demand for custom of five per cent, upon Hie goods they carried. This they declared was a great grievance, for which they asljed redress, and redress was asked "not from a burden only, with respect to the way of levying it, or any cir- cumstances made hard by the irregularity of the oflicers, but as a wrong." For, they urged, no such tax was reserved in the Duke's conveyances, and it was therefore a new condition, a surprise upon the oilier party. To lose the right of making laws for themselves would be entirely to change their situation, it would be in efFect to sell, or rather to resign themselves to another, and that for nothing. Besides, Uiough by all governments custom is laid upon trade, this upon planting, is unprecedented. Had they brought commo- dities to the prnvinre to sell, mndr a profit out of them, and re- PROCEEDINOS IN WKST NEW JEKSKV. 1 HI) turned to tho advantage of the trader, there might lie some color or pretence for tlie exaction, but to require and force customs from persons coming to their property, "their own terra firma, their liabitations, in short, for coming home," was Avithout a par- rallcl. And furthermore, there could be no end to this, lor since they were by tliis precedent assessed without any law, and there- by excluded from Iheir English right of common assent to taxes, there could be no security for any thing they possessed, nothing could be called their own, they were merely tenants at M'ill, and not only for the soil, but for their personal estates. It was urged, they said, that the province was a conquered country, and that the King being the conqueror, hath power to make laws and raise money, and that this power the King hath vested in the Duke ; but they said the conquest indeed has been made, but for whom ? Did the King conquer for himself or for his kingdom and people, and were his subjects who should inhabit there, to be treated as slaves because the country had been won from their enemies ? " Did Alexander conquer alone, or Caesar beat by himself?"'* "This part of tlie argument of the remonstrants, involves a point of EngHsh Constitutional law of no little nicety, and upon which authorities are by no means agreed. It has been laid down as a principle by some, that if the King comes to a kingdom by conquest, he may change and alter the laws of the king- dom, but if he comes to it by title and descent, he cannot qjter the laws of him- self, without the consent of the Parliament. In Cowper's Reports, (page 211,) a case is mentioned which had been referred to Sir Philip Yorke and Sir Clement Wearge, upon which they reported "that if Jamaica was still to be considered a conijucred island, the King had a right to levy taxea upon the in- habitants, but if it was to be considered in the same light as other colonies, no tax could lie imjjosed on the inhabitants but by an AsfiCmbly of the island, or by an act of Parliament. But it was also laid down that if the King by a proclamation or grant should enter into any engagement, conceding a different form of government to a conquered country, he would aflcrwards be precluded from the exercise of his peculiar prerogative. To apjily these principles to the case under notice. If it be conceded that after the second subjugation of the Dutch, the country \\ as to be considered merely as con- quered temtory (a point however not determined) it would folio .\ , according to i)rinciple just stated, that the King had a right to impose lav\s at his own pleasure, and even upon natives of England who might reside there. The King 190 PROCEEDINGS I\ WEST NEW JERSEY. In addition to these arguments founded upon the law and the equity of the case, certain prudential considerations were also presented ; the effect which the conduct of the Duke might have upon the people of England, was brought into view. If the Duke should insist upon the demand that had been made, it might l)e considered as showing an inclination to an arbitrary exercise of power, but its abandonment, on the contrary, would give evidence of just and liberal intentions, and a desire to promote the prosperity of the kingdom, and the happiness and welfare of the English people. This document, prepared by a few Quakers, was one of the highest importance. It was important not only as a defence of the rights of West Jersey, but also as an assertion of principles which bore upon the interests of all the American colonies. The bold defence of the immunities of English subjects, par- ticularly of their right to exemption from all taxes to which they had not assented, may have had aided materially in fixing those opinions and resolutions, which finally led to American indepen- dence. After full consideration of the matters submitted to him, a deci- sion was given by Sir William Jones. This decision was given in a formal document bearing date July 28th, 1G80. It set forth "that, having heard what hath been insisted on for iiis Royal Highness, to make good the legality of the demand of five per cent, from the inhabitants of New Jersey, I am not satisfied (by any thing I have yet heard) that the Duke can demand that, or any other duty from the inhabitants of these lands. And that which makes the case the stronger against his Royal Highness is, that these inhabitants claim under a grant from his Royal Higli- thcn, under these cirrumstuiiccs, might have imimseil (he tax in question. But subsequent to the conquest IVoin the Dutdi he litid male a grant containiuir certain conditionsi He had convoyed tlie connlry to the Duke of York, with powers of government, but the condition was annexed that the regulations and ordinances to be mad»s should not be contrary to, but as near as conveniently miglit be, agreeable In Ilit laws, ufafu/fs, and n6, j'. I'tl. ' Ci'raiils and Concc.s.sions, p. 673. GOVEUXMENT IN EAST NEW JERSEY. 197 maintain it,andtli;it if force should be resorted to, they would defend themselves and their families to the best of llii ir ability, and if blood should be shed, it would be contrary to their desires, and a just and righteous God would require it at the hands of those who were the cause thereof. But before this reply was received by Andross, he had issued a proclamation intended to dissolve the Government of Carteret; he required that all persons should sub- mit to him as the representative of the King's authority, and re- presented the proprietary claims to power as entitled to no attention whatever, and all persons were warned from abetting, assisting or observing the same.^ In return, Governor Carteret asserted and proclaimed that his authority had been established in pursuance of his Majesty's permission and command, and that without the same command, it should not be resigned, and that the people of the province were resolved to live and die with the name of true subjects, and not traitors. Nearly at this period Sir George Carteret, the proprietor of East New Jersey, died, and by his will his province was devised to trustees to be sold for the benefit of his creditors. His widow Lady Elizabeth Carteret, was left executrix of his estate, and guardian to his grand-son, and heir. Edward Earl of Sandwich, John Earl of Bath, Hon. Bernard Granville, Sir Thomas Crew, Sir Robert Atkins and Edward Atkins, Esq., were the trustees. But the death of the proprietor was followed by no immediate change in the state or management of afTairs in the province. Before proceeding to further extremities, Governor Andross resolved upon visiting East Jersey in person, to make a full ex- planation of his rights and powers, and to demand a surrender of the government. Information of this design was given to Carteret, and he, expecting a hostile, rather than a peaceful visit, was pre- pared for such an emergency; but upon finding that Andross was not attended by any "offensive forces," he was received with proper civility.' Andross entered at once upon the business in hand; he produced ami displayed the letters patent from the King, the grant to the Duke of York, and the commission of the latter to liimself. A similar display of authority was made by Carteret. * GranU and Conressions, p. 675. ■■ Grants and Concossioiis, p. 677. 198 GOVERNMKNT IX EAST NEW JERSEY. Nothing could be gained by an exhibition of claims that were already perfoclly known, and when each of the parties was fully resolved, and accordingly this attempt to decide the matter "rather by argument than arms," was found entirely to fail. Andross left the province, having been courteously entertained and dismis- sed by Carteret. But proceedings of a different character were soon to follow. On the 30lh of April, 1680, Andross despatched an armed force with orders to enter the province, to seize upon Carteret and carry him to New York, and the order was executed with circumstances of much agirravation. The same outrage that had been twice committed in West Jersey in the case of Fenwick, was thus re- peated in East Jersey upon the person of Carteret. The Gover- nor was detained at New York as a prisoner, until the 27th of May, when a court was convened for his trial. He was charged with having "riotously and routesly," with force and arms, en- deavored to maintain and exercise jurisdiction and government over his Majesty's subjects, Mithin the bounds of his Majesty's letters patent granted to his Royal Highness. Carteret at first protested against the authority of the court, and demanded his liberty, on parole, to appear when the King should command it who he declared "was the proper decider of this matter;" but afterwards the protest Mas withdrawn ami the defence of the accused was made upon the merits of the case. Carteret ac- knowledged that he had exercised government, and that he had refused to resign it, but he asserted that he had been placed in the government of New Jersey, having been commissionpd as Governor thereof, by power derived from his Majesty, and that his Majesty had also given his command to the people, to be obedient to the government established by Sir George Carteret, and that he did not dare to deliver it up without a special com- mand from tlie King. He also submitted documentary evidence to substantiate his declarations. The defence was considered suf- ficient, and a verdict of acquittal was rendered. Hut, alihough An- dross had caused a court to be convened and a jury empanuelcd. he was resolved that his own decision should be given. He refused to receive tlic verdict, and ordered the jury again to retire; once ajid again was this repeated, the jury nniainim: firm, and the GOVERNMENT IN EAST NEW JERSEY. 199 Governor being resolved to reduce them to submission. Finally the verdict was allowed to stand, but the court declared their opinionandgave judgement, that ii'Carteret shouldgo again to New Jersey, he should give security or an "engagement" not to assume any authority or jurisdiction there, either military or civil. This, in effect, was an imposition of punisliment, though, according to the verdict of the jury, no offence whatever had been committed. Governor Carteret having thus been removed, an attempt was made by Andross to obtain possession of the reins of authority. He appeared at the General Assembly which convened on the 2d of June, 1680. He acquainted the Assembly tliat they were met for the "service of the King and the country," and informed them that with a view to a proper exercise of their duties, he had brought the King's letters patents under the great seal of England to his Rcyal Highness the Duke of York, and also the Duke's commission to himself, and these he intimated were the ground of authority upon which they were in future to act. He recom- mended that an act confirming all former judicial proceedings should be passed, and also offered for their acceptance a body of laws that had proceeded from the Assembly of New York, adding, that if "any small matters were wanting," they might afterwards be supplied. The Assembly replied with boldness though with " due respects to his Majesty's letters patents." They stated that as the represen- tatives of the freeholders of the province, they did not dare to grant his Majesty's letters patents though under the great seal of England, to be their rule, for that the great charter of England was the only rule, riivilege, and safety of every free born English- man. They said that what they had formerly done had been in obedience to the authority tlicn established, that things done ac- cording to law needed no confirmation, and they had no power to tie any man's hands from obtaining his just privileges and rights.^ •By "a confirmalion of fonncr judicial proceedings," Andross seems to have had particuhirly in view an approval by the Assembly of the province, of the action of the court in the case of Carteret, and with an understanding of the design, the Assembly refused to do any thing which should impede the endea- vours of Carteret to recover his authority. 200 RELEASE BY THE DUKE OF YORK. They also mentioned that they supposed their own laws to be most fitting- and suitable for the province. They also, in apprehension that an attempt might be made to abolish the legislative authority, made a declaration that the people of the province were entitled to the enjoyment of all the rights allowed to them in the conces- sions, among which was that of electing Deputies to an Assembly of their own, whore such laws might be enacted as should be thought necessary. They also made an enactment con- firming the laws passed at a previous session of the Assembly, and this confirmation, together with the law book of the province, was presented to Andross and his Council.' The firmness of the Assembly completely defeated the designs of Andross. During this period Governor Carteret had made application to Lady Elizabeth Carteret, the executrix of Sir George, and to the other individuals concerned, in order that he might be reinstated in his rights and powers. In September, 1G80, a communication was received from Lady Elizabeth, containing an absolute command not to take notice of any commissions, warrants or orders from Sir Edmund Andross. She also directed, that an account of the charges and damages sustained by the province in consequence of the usurpation of Andross, should be drawn Uj), for tliat his Koyal Highness the Duke of York, upon being informed of the acts of his dej)uty, had denied that he ever had authority from him to perfi)rm such acts,'" on the contrary, that his Koynl Highness would not derogate in the least from what lie had lormerly granted to Sir George Carteret. Ladv Elizabetli also engaged that the authorities of the province should be continued and sustained, and warned all persons from obeying or abetting in any proceedings ordered by Andross or by officers of his appointment. On the part of Andross further pro- ceedings were arrested by a communication from the Duke, the nature of which will presently appear. It has been seen diat the proprietors and people of West New Jersey had made a successful defence against the claims of the ■'(iriuits ami Coiiccssioiis. ]>. f!S3. " Surli n (li'claration from the Duke was in direct contrnilicfioii to otiiers he had inailf, hut iiis courso in rriution to ?iiow Jersey wa» full of inconeistenciofi. RELEASE BY THE DUKK OF YORK. 201 Duke in tliat province, and that a droil was executed by which all the rjirlits and powers of his Koyal Highness were surrendered to others. The situation of East New Jersey in reference to the claims of the Duke was entirely the same as in the other part of the proviui'e, and hence a grant of one was necessarily followed by a similar release of the other. Accordingly on the 6th of September. 1680, the Duke gave an order to Sir John Churchill, his Attorney General, and Sir George JefTrys, his Solicitor (Tcne- ral, directing them to prepare an instrument similar to that which had been executed to Edward Byllinge and others, in order that he might release and confirm the moiety of New Jersey, called East New Jersev, unto Sir George Carteret, the heir of Sir George Carteret (lately deceased.) "^^ The fact that this release had been made, was communicated to Governor Andross by Sir John Wer- den, the Duke's Secretary, in a letter bearing date the 0th of November, 1080. Governor Andross himself was now placed in a situation of difficultv. His proceedings iil New Jersey had been disavowed by the Duke, and his course, not only in this province, but also in Net\'^ York, had been such as to occasion much dissatisfaction. Some distrust too, seems to have been excited in the mind of the Duke as to the f\utbfulness or discretion of his deputy, for at this time John Lewen had been sent out as a commissioner to examine into the condition of the proviuce, and to ascertain the amount of revenue. In obedience to a command or intimation from the Duke, Andross soon afterwards returned to England and there an investigation concerning his conduct was entered upon. But the subtle deputy succeeded in removing all suspicion, and was pre- sently restored to his master's confidence. He did not return to his former situation, but at a subsequent period was advanced to a post of far higher importance. Andross had left as his representative in New York, Anthony Brockliolst, the President of the Council, and this officer scents to have partaken in a large degree of the spirit of his principal. To him Governor Carteret, who had now resumed his place and " ^^'hit(•h(•;>(1. M..t. , p. l!t"; 2ti 202 RELEASE BY THE Dl'KE OF VOKK. authority, directed some of tlie papers he had received in relation to the recent changes in the state of affairs. On the 26th of July, 1681, Brcckholst addressed a communica- tion to Carteret, in reply, in wliich he a^-knowledgcd the receipt of the papers. But he observed at the time, that he did not find in them any tiling to authorize the assumption of auiliority in New Jersey, and he required that Carteret should desist from acting in any public capacity until he should sliow a proper war- rant, according to the orders and resolves of the court at New York, and according to his own parole. Such a demand subse- quent to the full release of the province, and the consequent ac- knowledgement of Carteret's authority, was truly extraordinary. Carteret replied that he had sufficient power to act as Governor of East New Jersey, and that he was under no more obligation 10 account to the authorities of New York, than they were to exhibit a warrant to him. Soon afterwards the General Assembly of East New Jersey was convened, and amongst other measures for the settlement of the province, it was unanimously voted, that the proceedings of Sir Edmund Andross and his abettors against the government, were altogether illegal. This was the last act in this protracted contest The whole of New Jersey was released from the Duke of York, and all the claims that had been urged by him, or on his behalf, were entirely abandoned for the time, though, as will be seen, they were afterwards renewed in a dillerent form. It is not easy, even with the most careful review, entirely to understand or explain the course of the Duke. It might be sup- posed that he really conceived that a claim had been retained, by virtue of wliich he might exercise authority within the limits of the province. But the question of right in tlie case, is contained in so narrow a compass, and is so plain and open to view, that it seems scarcely possible that anv indi\ idual of common capacity in juiitiing, should have failed to discern it. The Duke had received and held his American possessions as a Proprietary Lord or Governor. He held authority in connexion with property. The possession of territory was made the basis of power. In after transactions it is true, the two might be sepa- rated, yet without a special stipulation to the contrary, the ac- RELEASE BY THE DUKE OF YORK. 203 qusition of the property, which was the hasis, would carry with it thr- possession of every incidental advantage. The Proprietary Lord might make reservations or conditions in his own favor, but without this, jurisdiction would be conveyed at the same time as property. That property might be made the basis of political power, was indeed a vicious and dangerous principle, yet it had long been acknowledged and acted upon in England, and its propriety had not been brought into question. The Duke of York then, as Proprietary Lord, executed a conveyance to Berkely and Carteret, and in this act, there was no reservation; on the contrary, it was expressly said that the possession was convoyed in as full and ample a manner as the Duke himself had received it. It cannot be disputed that one of the inci- dents of this possession was the exercise of power, and the grantees of the Duke being put precisely in his situation, they of consequence, became rulers, as well as proprietors. They, indeed, were inferior rulers, they owed and owned allegiance to the King, as the grantor himself had owed and owned it, but no allegiance other than this, was due ; they owed none whatever to the Duke of York, because he had parted already with his rights and powers. The decision of Sir William Jones was in confirma- tion of these views. 'I'he claims of the Duke of York were denied, because he had made "no reservation of any profit, or so much as jurisdiction." And beside the theory of the case, there was also important practical evidence. The grantees of the Duke had established a government in the province with the full knowledge of the grantor; and he, so far from making any objection, had actually given instructions that the proprietors should be assisted in their endeavours "for the settlement and the maintenance of quiet in these parts." Nor could any advantage be claimed by the Duke on account of the change that was supposed to have occurred in consequence of the occupation of the Dutch. A second confirmation from the King had been made to Carteret, even before that to the Duke, and this confirmation could not be annulled by the commission which was afterwards given by the Duke to Andross. And besides this, in the proclamation of An- dross himself, all former grants, privileges or concessions, and 204 GOVERNMLM AI TKK lilt) UlKF.'s RELEASE. all estates legally possessed by any under his Royal Highness, before the lute Dutch government were confirmed. If the Duke comprehended his own position, he cannot fail to be convicted of a want of honesty and honor, if he did not, (which is the more charitable conclusion,) it must then be acknowledged that he was wanting in capacity. It may be, as before observed, that he was lacking in both these respects. An incidental advantage, and the only one that could possibly arise, was experienced in East Jersey from the claims and demands of the Duko. The government and people of the province had been brought into closer union in the opposition they made to a common danger ; all parties had agreed in resisting the usurpations of Andross. But so soon as the outward restraint was removed, the latent evil existing within, began to be actively manifested. The early disaffection to the government had only been quieted, and a new occasion of dissatisfaction and complaint had also been given. TJie disturbances that occurred in the province had led, as has been seen, to important changes in the proprietary government, and these changes, though acquiesced in for a time, were now objected to. They were represented as an infringement upon the rights that had been granted lu ilie people. In October, 1G81, the Assembly convened at Elizabeiluown, and an exciting discussion inimediatelv arose between the Go\er- nor and Council, and the Representatives of the people. The latter denied that the proprietors had any right to change the con- cessions, and that the change was contrary to express stij)ulations and grants, whilst the Governor and Council insisted, that the alterations had become necessary, and were warranted by the cir- cumstances existing at the lime. It is certain that the conduct and course of the people had not l)een consistent wiili the terms of the concessions; in fact, tlie government established by the proprietors had been almost enlinly s\ibverted, and under these circumstances the proprietors may have thonglil ihemschcs ab- solved from their oriirinal ubiigalion. IJut it may vet be d()ul)ted wliclhcr entirely \\v\\ (•(indiiiuns could \)v miide bindinir ii|>oii the peo|)le, without their assent, and the oiilv assent that had vet been given was such as might be inferred from continued acquiescence GOVERNMENT AFTKll THE DI'KE's KEl.EASE. 205 and an active opposition to foreign atjurpssion.'- The case was one that presented a question in politics which seemed to be open to discussion, and which was warmlv discussed. The Represen- tatives declared that the orio^inal concessions were to be accepted according to the letter, and without interpretation, and that the document styled " A Declaration of the true intent and meaning of the Lords Proprietors and explanation of the Concessions," was in tnitli, a breach of the concessions, and liad l)een a cause of great prejudice to the rights of the settlers, and as the concessions and the "Declaration" were contradictory, they demanded that the latter should be made void. The Governor and Council replied that no false interpretations of the concessions had been made, and demanded that the acts of encroachment complained oi", should be specitied, and by whom committed. They remarked too, with some asperity, that if the concessions had been understood, as ful- ly as they had been read and examined, the demand that any part should be made void would not have been urged. They also alicdged that according to the sixth article of the concessions, the proprietors had a right to make alterations. The Representatives in return directly asserted that the inhabitants were not obliged to conform to the "Declaration," and that as the Governor and Council instead of making an answer, had only reflected upon the understanding of the deputies, they were compelled to make their pul)lication against the said "Declaration." They also denied that any right of alteration w'as reserved by the proprietors. The altercation was continued until it seemed vain to look for a final agreement, and at length James IJollen, (the Secretary of the pro- vince.) Captain Henry Greenland and Samuel Edsall, presented tliemselves and summoned the Representatives immediately to attend the Governor and Council. The Speaker requested time to consider the demand, but without attention to this request, a declaration was made by Bollcn, under orders from the Governor, that "this pretended House of Deputies be dissolved." He also left a paper reflecting most severely upon the conduct of the mem- '^Tlir Rcprcsrntativcs in the Gcnenil Assnnl.ly ha.l. af>or the Hiaii^e. taken tho oaths of allo-iani-p to tlip Kins; and fi.lplity to tlip I.onl Proprietor, nn act that ini'^ht jxissihly hi- .oiistriiP.l as an arroptancc of Ihe motlificd Kovernniont. 200 SALE OF TllF. PROVINCE. bcrs, and objecting to the name or stile which tliey liad assumed. This was the first time tliat the Assembly had been dissolved in New Jersey, and the Deputies with unanimous consent, protested against the act as being contrary to the concessions and an inno- vation of the government."* According to the concessions as they had stood at first, the General Assembly had the power of determin- ing its own meetings and adjournments, but this was one of the particulars in which a change had been made by the subsequent "Declaration and Explanation." This was the conclusion of legislative proceedings under the administration of Governor Carteret; the province itself was soon afterwards conveyed into different hands. The death of Sir George Carteret, the proprietor of East New Jersey, and the appointment of Trustees to make sale of his lands for the benefit of his heirs, have already been mentioned. In pursuance of this trust, the persons appointed had offered the province for sale, but no private purchaser presenting, it was re- solved to expose the entire proprietary interest to a public sale. A strange spectacle was thus presented. The ownership of a country, and the government of a population of five thousand per- sons, were offered at an auction, with scarcely more form than might have been observed in the sale of merchandize, or the dis- posal of cattle. But a train of fortunate occurrences warded ofi' from the province the disgrace and injury ihai miulil jiavc been apprehended, and that might have occurred, from sucli a procedure. Purchasers appeared whose character and aims gave sufficient security against an unworthy or improper use of properly or power. The Quakers of AVest New Jersey had been prosjxMous in their attempt. They had acquired a territory of ample extent and had established a liberal government; lliey had also vindi- cated their rights even against the ])retensions of the heir to thi' throne, and had placed their fivil and religious liberties up;!n a foundation that promised to stand. 'JMie success of their experi- ment gave encouragement to others of the sanu' profi'ssion to venture upon a similar trial, and they resolved with tliis view, to " Wliilrlion.l, |.. HI :,iul 10;j. SALi: OF TUi: I'ROVINCK. 207 embrace the opportunity that was now presented. William Penn with eleven associates, some of whom were already concerned in New Jersey, became the purchasers of Carteret's province," Deeds of lease and release, (which are yet in existence,) were made to the purchasers on the 1st and 2d of February, 1681-2. Not long- afterwards each of these purchasers sold one half of his respective right to a new associate, and thus the number of pro- ])rietors was doubled.'^ Among the new associates admitted in the manner just noticed, were persons not of the same religious profession as the original purchasers, a circumstance that Avould seem scarcely to harmonize with the primary movement. But it may have been done with design, in order to relieve the proprietors from the charge or suspicion of an exclusive or sectarian purpose.'" The province was already settled, and the population consisted of persons of different sects ; difficulties between the people and the government already existed, and new causes of dissatisfaction were to be carefully avoided. To extend and strengthen the in- terests of the province by bringing into the connexion persons of wealth and distinction in different parts of the kingdom, may also have been a part of the object in view. '' Beside the deeds that were given to the original purchasers by the devisees of Carteret, another conveyance was made on the 14th of March, 1682, to the new body of twenU'-four, by his i- Royal Highness the Duke of York. This was done, as was said, "fur the better extinguishing of all such claims and demands as his said Royal Highness or his heirs may in any wise have, of, or in, the premises aforesaid, or any part of them," and to the " They gave the sum of 3,400 pounds. " The orii^inal proprietors were William Penn, Robert West, Thomas Rud- yard, Samuel Groome, Thomas Hart, Richard Mew, Ambrose Riggs, John Haywood, Hugh Hartshotne, Clement Plumstcad, Thomas Cooper and Thomas Wilcox who soon parted with his entire interest. The new associates were James, Earl of Perth, John Drumond, Robert Barclay, David Barclay, Robert Gordon, Arcnt Somnans, Gawen Jiawrie, Edward Byllinge, James Braine, William Gibson, Thomas Barker, Robert Turner, and Thomas Warne. " It had been objected that a province governed by Quakers must be left un- provided of the means of military defence. " Some of the new proprietors were of Scotland and others of Ireland. 208 GOVERNMKNT T'NDER THK NEW PROPRIETARY. aforesaid persons the Duke also granted "all and every such and the same powers, authorities, jurisdictions, government, and all otlier matters and things whatsoever, tliat ever were, or were in- tended to be granted unto his Royal Highness, his heirs and assigns."'' In addition to this, on the iki of November, 1683, the King issued a letter in which the grant of the Duke of York to the Proprietors, was fully confirmed, and his Majesty also declared liis Royal will and pleasure that all persons concerned in the pro- vince should yield all due obedience to the laws and government of the grantees, and their heirs and assigns, as absolute proprietors and governors thereof." The new body of Proprietors did not immediately devise or digest a system of laws, but they adopted measures for the main- tenance of government within the province. They proceeded at once to appoint a Governor, and their choice for thi^ oflice fell upon Robert Barclay, of Urie, in Scotland. He w-as one of the number of proprietors, and af this time had become much distin- guished both in his own religious society, and also in the world of letters. An early convert to Quakerism, he had shown a sincere and earnest attachment to the principles and faith of his sect, as well as the highest ability in explaining and defending them. His good condition in the world, his acknowledged capacity, and more than these, the purity of his life, and his good name as a " F'riend," all pointed him out :.s the person best fitted for the principal situa- " It is not easy to conceive what "claims and demands" his-Royal Highness could have had upon the province, at this time. He had already made two con- veyances inchiding both property and jurisdiction. It has been presumed that the grant rcsnhcd from an application to tiic Duke l)y one of the projirietors. X'l'^ person represented (in a letter to Sir Juhii Werden, the Duke's Secretary) that the proprietors of Ea.st Xew Jersey desired "to iiave our grant rather holdcn by charter of his Royal Highness, than as it is at present by transmission Iron* our authors, without any augmentation of our privileges, but to be under the Duke's immediate protection." The answer to this application was not decisive. The Secretary wished to know whether the proprietors desired to add Eaut Jerxtif to New York, or whether they wished to remain distinct, only with the Duke's confirmation of their rights and possessions, as formerly hebl bv Sir George Carteret. Ser Whitihrnd, p. 1 il.'S. '"'Grants and Concessions, p. 151. I GOVEKXMF.NT UNDER THE NEW PROPRIETORS. 209 lion in the government. An additioncil reason for the present ap- pointment has also been suggested. The sect of Quakers were still opposed, and at times oppressed, but it is yet represented that they were regarded with a degree of favor by the principal persons at the English court, and that the elevation of Barclay, a conspicuous member of this society, was supposed to agree with the wishes of the King, and of his brother, the Duke of York. The agreement between the Quakers and the court has been ex- plained in a manner not much to the advantage or credit of the former. It has been said "that the falsehood and cruelty that stained the conduct of Charles and James, rendered them hateful to all men except the Catholics and Quakers."-" The assertion that the vices of the King, or the court, were looked upon with any complacency by the followers of Fox, if not a calumny, can only be considered as a gross mistake. The sympathy, so far as any existed in the case, was founded upon difierent grounds. At this period both Charles and James were in real opposition to the people of England, in regard to religion. Charles himself had no religion whatever, either in profession or in fact, but his pre- ferences were rather in favor of the Catholics. James was a rigid Catholic, and was often imprudent both in the avowal and in the support of his faith. But the English people had the strongest dislike to the Catholic religion, and in consequence, the movements of the court were looked upon with constant anxiety and suspicion, and a party opposed to the Duke as the heir to the throne, was constantly gaining in strength. Penn and Barclay and the rest of their sect, kept themselves apart from every thing tending to disturbance in the State; nothing of this sort accorded with their feelings, or was supposed to fall within the sphere of their duties Beside this negative virtue, which could not but be noticed, the Quakers were also the advo- cates of free toleration in religion, and in this particular they fell in with the views which, at the lime, either from interest, or con- * Grahame. — This author, however, attemptpj to soften his assertion hy at- tril)utiii5 the compliance of the Quakers less lo want of integrity, than a lack in penetration. 27 210 GOVERNMENT rNDKll TIIK NEW PROPRIETORS viction, were maintained by the Duke. Tliese were the points of union between the leaders of tlie Society of Friends, and the court, and these were the only points. 'I'he appointment of Robert Barclay as Governor, was made with a condition, that he sliould not be required to reside in the province, but might exercise his office by deputy. At an early period a deputy was appointed in the person of Thomas Rudyard ; he was an Attorney of some distinction in London, and had been brought into communication with "Friends" by assisting at the trial of Penn and Mead. He soon departed for the province in company with Samuel Groome, who was to serve as Receiver and Surveyor General. Both Rudyard and (iroome were of the number of proprietors.-' 'J'liey bore a letter from Governor Barclay, directed to "The Planters and Inhabitants of the pro- vince of East Jersey in America." In this communication, the Governor on behalf of himself and the other proprietors, set forth, that it was their principal desire to approve themselves in the situation in which Providence had placed t]ieni,so that the welfare of the people might be promoted by the new relation, and that they held themselves obliged by the laws of God and the just laws of man, as well as their own interest, to use all proper means to render the plantation prosperous ; and it was added that they had sent over two or three of their number, "honest and prudent men," with suitable instructions, who would confirm the rights of such as Mere there planted upon the concessions hereto- fore granted, and supply any defects therein. Soon after his arrival in the province Rudyard appointed six persons as his Council, before whom he was sworn in office as Deputy Governor of tlie province. -'- 'J'he "suitable instructions" given by the proprietors have not been preserviil, l)iit their import may be gatliercd from the subse- (luciit proceedings. 'J'he former concessions were to continue in -' They had hccn appointed to llu-ir res[M'clivc ofiices on the sanic day, Sej)- tcmher 16lh, 1682, and arriveil in (lie jiruvincc November 13th, of the same year. W'hilclunil, p. 95. "The Council were liewis Morris, John Herry, Jolin Paluier, William Sand- ford, Lawrence Audroas and Benjamin Price. GOVERNMENT rNHKR THE NEW PROPRIETORS. 211 force, incliulinnr tlie provisions in relation to jTovernment, and also for the disposition of lands and the collection of rents.-' On the 1st of March, 1682, an Asseuihly of the province was called, which convened at Elizabethtown, and two suhseqnent sessions were held in the course of the year. During these ses- sions important enactments were made. County divisions, which hitherto had been but imperfectly marked, were now distinctly set forth, and established. Four counties were erected, Bergen, Essex, ^liddlesex, and Monmouth. In each of the counties a High Sherifl' was to be commissioned.-'* Laws were also passed re-organizing and establishing the judicial department of the government. Certain courts which had been erected without the authority of the General Assembly, were abolished. ^^ One general court for the whole province was to be instituted, to be called " a Court of Common Right," to which jurisdiction was given in all '^ In a letter written sonic time after his arrival, Groome observes, "I purpose shortly to write to, and demand of all places the quit rents and arrears; they generally say they will pay. Captain Berrie is two or three hundred pounds behind in arrears, as is said, because his case di/lors from others a little. I'll (God permitting) begin with him first of all al»out his rent, and either have money or land. Smif/i's New Jersey, p. 174. "'The Sheriff was the particular officer of a county, in fact, the word is de- rived from the existence and authority of such an officer as county, comitatus, is derived from conies, the Count of the Franks; that is, the Earl or Adcrman (as the Saxons called him,) of the Shire, this office was usually exercised by deputy, still called in Latin vice-comes' Bluckstone, ■'' After the dissolution of the Assembly by Governor Carteret, in 16S1, special commissions had been given by the Governor for holding courts, and it was now alleged that such commissions were contrary to the concessions. Under the "Explanations" of the proprietors, the Governor and Council had power to constitute courts in particular corporations already settled, but the Courts of Sessions and Assises were to be constituted and established by the Governor and Council and the Assembly. Beside the irregularity in the mode of estab- lishing the courts, objection was made to the persons holding the commissions; Robert Vicers and Captain Henry Greenland were named, who it was said had committed divers misdemeanors and arbitrary actions, as by their being instru- mental in dissolving the Assembly in 1G81, to the prejudice of the public busi- ness of the province, and they were declared incafjable of holdin^any office or trust in the province. Grants and Concessioiis, p. 228. 212 GOVERNMENT UNDER THE NEW PROPRIETORS. cases, capital and criminal, or civil causes of equity, and causes tryable at common law. To this court appeals might be taken from any inferior tribunals, in all actions ur suits for five pounds or upwards. It was to be the supreme court of the province, and to consist of twelve members, or six at the least; four terms to be held in the year, at Elizabethtown, in the county of Essex. County courts were also erected ; they were to be held in each county within the province, in which all causes and cases might be brought to be tried by the verdict of twelve men of the county. The Justices of the Peace of the respective counties were to be the Judges of the county courts, and three at least must be pre- sent. But it was provided that the distinction of counties, and the settlement of county courts should not entrench upon the powers or privileges of any grant or charter then existing. ^^ Beside the courts above mentioned, courts of small causes were also erected, to be held in each town, in every month throughout the year, to consist of three persons without a jury, or a jury might be called, should either of the parties require it. Acts were passed determining anew the criminal and penal codes. The levitical laws were followed in many particulars, but capital punishinent was allowed in a much smaller number of cases than under the former laws of the province. It was provided that in all capital or criminal cases there should be a grand inquest who should first present the offence, and then twelve men of the neighborhood should try the offender. All persons arrested should be bailable by sufficient sureties, unless for capital offences where the proof was evident, or the presumption great. The estates of murderers, after all debts were paid, to go, one-third part to the next of kin to the sufferer, and the remainder to the next of kin to the criminal. Penalties were prescribed against those who should be guilty of resisting authority, of profane swearing, drunkenness, incest, adultery, fornication, and Sabbath breaking. Enactments were made for the compensation of the Governor, and for defraying the public charges of tlie province. The amount « Bergen, Middletown, Slircvvsbury, Woodbriilge and Piscataway, each had charters giving them special privileges. C.OVER\Mli:XT UNDER THE NEW PROPRIETORS. 213 required, was apportioned to be raised witliin the counties by taxation upon improved lands and stocks.-'' At an early period a difficulty arose between Rudyard and Groome. The former pursued a course in relation to the disposi- tion of lands which infringed upon the powers, or was contrary to the views of the latter. Groome refused to make surveys of land which he supposed to be ordered with an especial view to the advantage of particular persons, and wliich he believed would be contrary to the interests of the proprietors. Kudyard insisted, and at length, as the principal officer in the province, he sus- pended the Surveyor General from office and proposed to appoint another in his place. The difference was finally brought to the notice of the proprietary body, and after full investigation a deci- sion was made in opposition to the acts and claims of the Deputy ^ Governor. Groome was confirmed in office, and it was declared that such grants of land as had been yielded by the Governor, and not surveyed by Groome, should not be regarded as valid. The proprietors also resolved that another Deputy Governor should be chosen, though they acknowledged the services of Rudyard in many particulars and especially in "resisting and curbing the tumultuous spirit there," and they were willing that he should remain in office as Secretary and Register of the province, and in this capacity he was retained and continued to serve. -^ On the 17th of July, 1683, a new commission was given to Barclay as Governor of East Jersey. The proprietors declared that the power of government in the province had devolved upon them with authority to appoint such Governor and Commissioners " 'I he sum of fifty pounds was to be raised, of which the county of Bergen was to pay eleven pounds, Essex fourteen, Middlesex ten, and Monmouth fif- teen pounds. These sums might be paid in money, or in wheat, or corn, or other produce, at specified rates. ^ It is probable that Kudyard was supposed not to have been wholly disin- terested in the transaction of the business of his office. The proprietors say, " we are very sensible of Samuel Groome's honesty and fidelity to our interest, in his care in seeking out and discovering the best land, and surveying it for our use, and in refusing to comply with the particular interest of any there, by accommodating them wit/i lands, or others at their desire, to our general prejudice." Grants and Concessiotis, p. 182. 214 GOVERNMENT UNDER THE NEW PROPRIETORS. for the well o-overning of the province as they should think meet, and that from confidence in the skill and integrity of Robert Bar- clay, they constituted and appointed him Governor all the days of his life.-^ Authority was given to him to do every thing ap- pertaining to the charge or office of Governor, according to his commission, and according to the laws and constitutions already existing, or that may hereafter be made ; and the office and trust were given to him without laying upon him any necessity to repair to tlie province, but with liberty to appoint a deputy during his absence, to be approved by sixteen of the proprietors. Not long afterward, Barclay appointed a Deputy Governor in the place of Rudyard. The office was now given to Gawen Lawrie, a Friend, and also a proprietor. His commission was dated in July, 1683. Lawrie had long been concerned in JVest New Jersey, and was entirely conversant with provincial affairs. In his commission he is mentioned by Barclay as "his trusty and well beloved fellow proprietor;" he was to hold the place of Deputy (iovernor for so long a time as he should conduct himself well, not exceeding seven years, and he also had power " in case of urgent necessity," to appoint a deputy under him. The instructions given to Lawrie by his principal, Barclay, show the pacific infiuences that had come to prevail since the establishment of the rule of the new proprietors. He was directed (when it should please God to bring him into the province,) to take due care to observe the act of navigation, and to see that it be infringed in nothing, as to what relates to the King's customs, or otherwise,^" He Avas to maintain a good and friendly corres- pondence with the Governor and colony of New York, as well as *" It is supposed that his former eoinmission hud not been for hie. — Grants and Ciiiiccasioim, p. 1G6. " The acts of navigation had excited much dissatisfaction, and in some of the colonics, open opposition. In 1679, Massacliusetts declared that they were an invasion of the riglits and privileges of the subject*!, yet as his Majesty had given orders that they siiould he observed, a law nf the pronucc was made re- tpiiring that tliey siiould l)e slrielly enforced. The instructions of the tJovcrnor of East Jersey are probably to be understood in a similar way, not as an ap- proval of the act, but for tiie purpose of avoiding contention to provide for the observance of these laws luidtr thf uttllmrily nftlnprnvincr.. GOVERNMENT UNDER THE NEW PROPRIETORS. 215 with the other neighboring colonies. He was to conduct liimsclf with tenderness toward the people of his province; to attend to the matter of quit rents, and to examine into the claims of those who insisted upon patt^nts and grants obtained from Governor Nicholls. He was to take care that the people should rightly understand the advantages of the scheme of government which had been prepared, and which was then sent over to be established. He was instructed, in relation to the laws passed at the last ses- sion of the General Asseml)ly, and which had been sent over for approval, that though the proprietors did not object to some of them, yet they did not think, proper to confirm them, as a new frame of government, "far more advantageous" to the province, was now to be introduced, and things should be ordered accord- ingly." Lawrie did not arrive in the province until llie year after his appointment. He was received by the Council appointed by his predecessor, and his commission was read in their presence, and the oath of office administrated on the 28th of February. The same persons were continued, for the time, in the Council. ^^ The Deputy was intrusted with the new code of laws, called "The Fundamental Concessions," which had been devised by ( the proprietors, for the government of the province. This plan differed in many particulars from the concessions of the former proprietors. The first of its articles which prescribed the mode of appointing a Governor and the term of his office, sufficiently manifested that the appointment of Barclay for life, and without residence, had only been made in consideration of high and uim- sual merit. It provided, that after his death, (or in case of such malversation as should cause him to be divested of office,) the proprietors should choose a successor, who should be required to reside in the province, and who should continue in office only for "' The laws above mentioned were afterwards confirmed, excepting only a few particulars. Crants and Concessions, p. 279 and 281. '^ Aflerwanis, ui November, 1684, a change was made in the Council, Lewis Morris, Richard Iliirtshorne, Major Berry, Major Sandford, Isaac Kinghinds, Thomas Codrington, Benjamin Price, Henry Lyons and S:inmel Dennis were appointed. Whiieheud, p. 100. 216 GOVERNMENT UNDER THE NEW PROPRIETORS. three years, and that if any one should, witliin that period, propose his continuance for a longer time, or to choose him anew, or his son, it should be esteemed as a betrayal of the public liberty of the province, and the actor be esteemed a public enemy. The legislative authority of the province was placed in a "Great Council," to consist of the four and twenty proprietors, or their proxies, and one hundred and forty-four persons to be chosen by the freemen of the province; but at first, until other divisions should be made in the province, seventy-two only of these Repre- sentatives were to be chosen, making with the Proprietors or their Representatives, ninety-six members. All persons were to be capable of choosing, or being chosen in the Great Council, who were planters and inhabitants within the province, and were pos- sessed of a certain specified freehold estate. The Council were to form one body, and it should be the privilege of each member to propose any bill, and all matters should be determined by vote of two-thirds, yet twelve proprietors, or their proxies, must be assenting, to pass any act. A quorum of the body might be formed to consist of one-half the proprietors or their proxies, and half of the deputies at least, and in the determinations of matters before them the proportionate weight of the two branches should be the same as before, one-half of the proprietors present, and two parts of the deputies. ^^ All laws were to be published and to run in the name of the Governor, Proprietors, and Representatives of the freemen of the province. For avoiding a multitude of statutes it was determined that no law should remain in force more than fifty years after it was enacted, unless confirmed cle novo, excepting the fundamental articles or concessions which were not to be repealed, but to re- main forever in fi)rce. " In this body, although the two brandies were to inert in one hnuse, a dis- tinction of character was yet to be maintained between them, in voting. It is possible that a similar mode of acting may have been contemplated, though not expressly directed, in the concessions of" Berkely and Carteret, but i/un, as lias been seen, the branches became distinct at the very commencement of their proceedings, not merely in voting, but also in silling, so as fully to constitute two houses, and this 8ei)aralion was alterwardtj conlirnied by the proprietors. GOVERNMENT t'NDKU THE NEW PKOPRIETORS. 217 The executive authority was to be composed of the Governor, and Common Council, the latter to consist of the twenty-four pro- prietors, or their proxies, and twelve persons chosen by ballot out of the Great Council. ^*» The executive body appointed the public officers of the province, as the Secretary, Reffister, Treasurer, and Surveyor General, as also all Sherifts, Judores and Justices of the Peace. It was provided that no person wdthin the province should be taken, imprisoned, or injured in his person or estate, but by law- ful judgment of his peers, neither should justice be bought or sold, deferred or delayed. All trials should be l)y twelve men, as near as may be peers and equals, and men without just exception. In all courts persons of all persuasions might appear in their own way and manner, and plead their own causes, or if unable, by their friends, no person being allowed to take money for pleading, or advice, in such cases. No monies should be levied within, or upon any within the province, but by a law passed by the Great Council, and if any one should levy, collect, or pay monies with- out a law thus passed, he should be held a public enemy, and a betrayer of the public liberty. No person who should confess and acknowledge the one Almighty and Eternal God, and hold himself obliged in conscience to live peaceably and quietly in civil society, should be molested or prejudged for his religious persuasion and exercise in matters of faith or worship, nor be compelled to frequent or maintain any religious worship place or ministry, yet no man should be admitted a member of the Great or Common Council, or any other place of ])ublic trust, who should not profess faith in Jesus Christ, and solemnly declare that he doth not feel himself bound in conscience to do any thing to subvert the government of the province, or to injure any per- son because they may differ from him in judgement, or because, in his opinion they are heretics.'' " The members of the executive body, thirty-six in number, were to be dis- tributed into three committees, twelve for the public policy and to look to man- ners, education and the arts, twelve for trade and the management of the public treasury; and twelve for the plantations and all controversies respecting them. " But it was said that it was not intended that any under the notion of liberty " shall allow themselves to avow atheism, irrriigiousncss, or to practice cursing, 28 218 GOVERNMENT UNDER THE NEW PROPRIETORS. The provisions for the defence of the province were so made as to meet the difference of opinions and views existing in the proprietary body, it being declared that among the present pro- prietors, "there were several who have no freedom to defend themselves with arms, and others who judge it their duty to de- fend themselves, wives and children, with arms." It was there- fore agreed tliat they should not force each other against their respective judgements and consciences, and that no man who should declare that he could not in conscience bear arms, should be re- quired to do so, or to provide another in his stead, and on the otiier hand, those who should judge it their duty to take up arms in the public defence, should have their liberty to do this, in a legal manner. 'J'he same tenderness was to be observed in legis- lation in providing for the defence of the province by the establish- ment of forts, castles, or other military works. So also, none of the inhabitants should be forced to contribute money for the pur- chase and use of arms contrary to their consciences; whatever might be raised for these purposes should be paid by such as felt themselves free m the case, provided that those who opposed the bearing of arms should pay so much in other charges, as to make up their proportion of the general expense of the province. But to these concessions certain conditions were appended. The proprietors set forth, tliat they had been met "for good and weighty considerations, and as a further signification and expla- nation of our intentions therein," to declare, that this scheme of government and the privileges it granted were only to be allowed to those who should become planters and inhabitants in the pro- vince, after the arrival of Governor Lawrie, and not to those before settled; nevertheless, they might be granted to the former iniiabi- tants and planters, upon compliance with certain conditions. 'I'he grants and patents by which tlicso persons claimed to hold land, should first be viewed and examined by the Deputy Covornor and the major part of the proprietors who should lie present at the place appointed for such examination, and all legal tides should fiwoarinp;, ilrunkonnoss, profanonoss, wliorinir, adiillon,', niunlcrinp, or any kind of violences, or indulging themselves in stage plays, nmsks, revels, or such like abuses." GOVERNMENT UNDER THE NEW PROPRIETORS. 219 be entered, and registered for confirmation, by the new proprie- tors. Full satisfaction should also be given for the arrearages of quit rent and for punctual payment in future, and the settlers should agree to a grant for the constant support of the government. If any should prove refractory in these particulars, they were to be treated accordingly; those who might justly claim to the former concessions, were to be ruled by them, and others were to be governed according to the full extent of the authority vested in the proprietors.^^ But the projected government was not brought into action. The proprietors had directed the deputy to take care to let the people rightly understand the advantages it gave, and "as soon as possibly he can, order it to be passed in an Assembly, and set- tle the country accordingly." It is possible that the question might again have been started which had formerly arisen, as to the obligation of the settlers to submit to the several changes of government which the proprietary body might think proper to direct. But beside this, the "advantages" of the plan that was now presented, were not so clearly perceived, or so highly valued by the people, as they seem to have been by the framers them- selves. The concession respecting contributions or services for military purposes, however important in the view of a portion of the proprietors, were not highly considered by the colonists. The Quakers formed but a small proportion of the population of the province, and by others, these regulations would be but little esteemed, if not actually disliked. Nor was there much in the form of the government itself, to recommend it to especial favor. '' * Grants and Concessions, p. 179. "Beside the provisions relating to military affairs, (and these, though just, would only be acceptable to a part of the settlers,) the princij)al advantage of the new scheme as compared with the former one, was the power it gave to the legisla- tive body over its own meetings. It is said by Whitehead, that the acceptance of the new government would have involved the destruction of a system already established and tried, and which in "all its general characteristics" was in ac- cordance with their wishes. But the people had not manifested full content with their government; the former concessions, with the "explanation," had been strongly objected to, as has l)een seen, yet still, it was probably supposed to be at least as advantageous as the one now offered. 220 ttOVERNMEXT UNDER THE NEW PROPRIETORS. In consequence, the former supporters of government would be but little disposed to a change, and the opponents of government would not be conciliated. By providing for the continuance of two dilTorent systems or forms of government, either of which might he administered according to circumstances, the proprietors probably designed, that a way might be opened for a removal of the difficulties which had heretofore existed, particularly in re- ference to the tides to land. It may have been supposed that by such a procedure the whole of the settlers would be gradually brought into full acquiescence. But the opponents of the propri- etary regulations had never been compliant, and the advantages now presented were not such as would be likely to cause an alteration in their course. In fact, however, any constitution of government whatever, containing requisitions for the payment of rents, and a new determination of the titles of land, would then have been resi.sted by a portion of the settlers. The old leaven of opposi- tion uhicli hud liLrelofore been productive of so much disturbance, was yet in existence, and in active operation. A theory or claim which was strongly commended by interest, was adhered to with the greatest tenacity, and to all the demands of the existing au- thorities, an easy reply was given by exhibiting a title from the "Indian right." The opposition arising from this source was especially noticed by the proprietors. Soon after the departure of Lawrie for the province, a letter was written addressed "to the i)lanters and inhabitants," in the name of Barclay, the Governor, and the other proprietors. 3s Its language was strong and explicit, " ^Vc are not a litde troubled, it was said, to find that there are many dissatisfied and self-ended persons among you, who are seeking to subvert our just interest, that they may advance their own un- warrantable pretences. And it cannot but manifestly appear to all such that love the interest of the colony, that those that went about to propogate any pretence, to oppose or weaken our right and tide, could not be esteemed friends, either to the proprietors, or to the true interest of their honest and well meaning neii;libors in the country, since that v. as the way to expose the whole to be " Dated February 29tli, 1083-4. GOVERNMENT INDER THE NEW PROPRIETORS. 221 a prey to others, as it formerly lias been; but we hope by the assistance of God and the King's justice and favor toward us, so to prevent such practices in future, that all persons residing in the province, or in any way concerned thcreii;, may rest in lull assur- ance of being protected in their rights, and receive all due en- couragement from the proprietors. We lind, it was further said, that you lay that stress upon your purchase from the Indians, that it will never bear, i'or we would liavi; you informed that there- by you have acquired no right but what is duly confirmed by us, or our legal predecessors, unless you would renounce all interest and protection from the King of England, and sul)ject your all to a just forfeiture." AVhether the Deputy Governor supposed tliat the form of go- vernment devised by the proprietors, was not well suited to the province, and that the attempt to apply it would only be produc- tive of increased dissatisfaction, or whether he supposed that the opposition was yet too strong, and therefore awaited a more fitting opportunity, it would at any rate appear, that no attempts were made at the time, to cause the concessions to be adopted in the province. But the Deputy exerted himself for the furtherance of measures that were calculated to lessen or control the opposition that existed to the proprietary interests and claims. The new settlers in the province were mostly well affected toward the ex- isting authorities, and the Governor urged upon the proprietors that every encouragement should be given to immigration. By tliis means he supposed that such a change would be wrought as " would bring all the division that hath been here, to an end, for these men seeing that they are to be balanced, are already more compliant than they were." The proprietors were already disposed to favor the entrance and settlement of planters, and many efforts had been made to in- vite their attention to the province. ^^ jjut beside the advantages *" Particular efTorts were made to induce cmiirration from Scotland. For this purpose Governor Barclay and the other proprietors in Scotland exerted their influence, and the situation of aflairs at the time disposed a number of persons to accede to the pro])osals that were made. Ciovernor Lawric expressed his satisfaction at their arrival in the province. At a subsequent period a publica- 222 GOVERNMENT UNDER THE NEW PROPRIETORS. which were expected from the introduction of a new population, other expedients were resorted to. To obviate further diflicuhy from the purchase of lands from the Indians, a regulation was particularly renewed, forbidding all purchases, except by per- mission from the authorities of the province, and the Deputy Governor was authorized to make requisitions upon the proprie- tors for the necessary funds. It was also thought proper that full and ample power should be given to "some persons upon the place," who might with greater freedom and clearness treat of, and conclude concerning the several matters that might there arise. Special instructions were therefore given on the 1st of August, 1684, conveying power and authority to the Deputy Governor and several other persons who were named, and who were pro- prietors or proxies in the province, for the management of affairs in regard to several particulars. They were to "end and agree" all matters in debate between the proprietors and the former planters of the province and others, as to their pretences to land and the arrears of quit-rent; to approve and confirm such acts of the Assembly as it should be thought necessary to establish, be- fore confirmation could be made by the proprietors; provided however, that when the "Fundamental Constitutions" should be passed in Assembly, they were tlien to proceed according to them; lion was made at the instance of the proprietors, giving a fuller account of the province, and setting forth its advantages. This was written in 1685, by George Scot, of Pitlochic. He represented to his countrymen the advantages to be gained by a removal to America. " You see," he said, " that it is now judged the interest of the government altogether to suppress the Presbyterian principles, and that in order thereto, the whole force and bensill of the law of this kingdom are levelled at the eflcctnal bearing them down, that the rigorous putting these laws in execution, hath in great part ruined many of those, who, notwithstand- ing thereof, find themselves obliged in conscience to retain those principles. I would gladly know what other rational medium can be proposed in their cir- cumstances than cithei to comply with the government by going what length is required by law in conforming, or to retrtat tvhere by lair a toleration is by his Majesty allowed, and such a retreat doth at present offer itself in America." He further set forth that "having for some time made it my work to consider all the coast of America, East Jersey, upon the Rivor Hudson, is the place I find myself obliged to prefer to any other of the English Plantations." Scot^s Model of Government given by Whitehead. GOVERNMENT VNDER THE NEW PROPRIETORS. 223 they were also to direct the improvement of tlie town of Perth, and have the superintendence in other particuhirs. In conse- quence of information received by the proprietors, fuller instruc- tions were soon afterwards given to the commissioners just men- tioned.-'" The Deputy Governor, with five of the persons before named, might exercise the powers that had been granted. They might terminate all controversies and differences with the men of Neversinks and Elizabethtown, or any other persons, concerning any "pretended titles or claims to land in the province," and it was expressly said that the proprietors "on this side" would not enter into any treaty with persons claiming by Colonel Nicholl's patent, or by patent received from the late Governor Carteret, as such a course would he an ad'ront to the government of the pro- vince, and only tend to delay. The commissioners thus appointed became known as "the Board of Proprietors," and finally took the management of all aff'airs connected with the proprietary titles and cl lims. In regard to tlie authority of this board for the con- firmation of the laws of the province, some special reserva- tions were subsequently made by the proprietors in reference to the acts that had formerly been passed ; with other particulars, it was required, that the Court of Common Right, instead of being held at Elizabethtown, as provided by the Assembly, should, if it be possible, always be held at the town of Perth, and that all other necessary courts, as also the Assembly (when called,) should sit there, and that the Deputy Governor should reside at that place and convene his Council there.-" But in regard to his residence, Governor Lawrie was not observant of the instructions that were given; he continued to reside at Eliza- bethtown, as before, a circumstance that may have operated to create dissatisfaction.-'^ *°By letter dated the 13th of November, 1684. — Grants and Concessions, p. 202. *' The efforts of the government were particularly directed to the establish- ment of a town at that place. *' Oddmixon and Wynne attribute the discontent that was afterwards mani- fested M ith Lawrie's administration, to the cause here mentioned. But there were others, that were probably considered of more importance. Wliitehead, p. 108. 224 nOVERNMENT TNDER THE NEW I'ROPRIETOnS, At tliis period, ihe external relations of the province apnin be- came involved. The course of policy which the proprietors had prescribed was calculated to place the province in relations of amity and peace. That it was not productive of such a result, is not to be attributed to error in the mode of proceeding, or in the conduct of the person who directed it. Governor Lawrie was earnest and sincere in his endeavours. lie sought to fulfil his instructions to keep a good and friendly correspondence with the i Governor and colony of New York, and was desirous to remove every thing that might prove an occasion of difficulty. At an , early period he had visited the Governor of that colony, and the I intercourse between them was marked by an appearance of friend- liness. The proprietors and Governor of New Jersey discouraged immigration to their province from New York, from an apprehen- J sion, that though very desirable on other accounts, it miuht tend to give rise to suspicion and jealousy. But llie authorities of New York were by no means so scrupulous. Doiigan, who w; - then the Governor of that province, was a true successor of Au- dross, as well in character as in place, except that he had duplicity r and smoothness instead of boldness and arrogance. He was busy in endeavouring to influence the Duke of York to attach New Jersey to his own province. The proprietors of New Jersey at length became satisfied that the conciliating course they had taken, had not been met by a like return. Hence, three of their numbcr,^^ (who it is probable had been appointed for the purpose) directed a letter to Governor Dongan in which they say, that they had expected to find in him a generous neighbour, both from the kindness which they supposed he entertained for tbcin. and also from a regard to the honor of the Duke, his master, from whom their province had been received. 'I'hcy mentioned that they had seen the Duke's Commissioners in London, concerning the pro- posal which Doniran had made, to place their colony under the government of New York, and they doubted not that the Com- missioners were satisfied of the injustice of such a proceeding. They stated also that tlicv had waited U[if)n the Duke himself. " Prrlh, McKcnsir, nnil DnimiTioml. GOVERNMENT UNDER THE NEW PROPRIETORS. 225 who had declared that he was far from intending to do any thing in opposition to what he had formerly granted. Governor Dongan replied to the proprietors, and endeavored to exculpate himself from the charge of having done any thing contrary to the good of the province, or the honor of his master. He was, he said, "mightily surprised" to find that he was ac- cused of ''-' ^ any thing to the disadvantage of the province; on the i he had advised the settlers to what he considered the best,\ )r the proprietors and themselves. He had written to his H Highness and his Commisioners, as he was obliged to do, an lad given his opinion as to what was for the interest of his pri rince and had represented to them the great inconveinoices of having two distinct governments in the same River, and especially as East Jersey had the advantage of being some leagues nearer the sea than New York.'''' But to show that he had done nothing amiss in representing "how convenient it would be to re- gain East Jersey;" he asserted that some of the proprietors them- selves were of the same opinion, and had told him so. And as an evidence of his own justice and leniency, he also mentioned that thougli under former Governors, vessels going to Amboy had entered at New York, that he had done nothing to prevent them from passing freely, and should not, without express ordert from his Royal Highness. ^^ In a subsequent communication to the Secretary of the Duke, Governor Dongan suggests that "it would be well to look into the last patent of East Jersey, to see whether shipping be obliged, if they come into Sandy Hook, to make entry at New York." Under this specious mode of expression a desire is apparent, that some authority might be found or created, to arrest the trade to East Jersey, and divert it to New York. The desires of Dongan were soon to be gratified in part, thougli not in the man- ner he might have preferred. It has been seen that the proprietor? of East Jersey had given "Chalmers, p. 6CI. Whitehead, p. 214. " It was a singular proof of favorable intentions that he had refrained from an outrage upon the rights of a neighboring colony. But as his predecessor had not refrained, the merit of comparative justice, at least, mav be allowed. 29 22t) GOVERNMENT UNDER THE NEW PROPRIETORS. directions to Governor Lawrie for the observance of llie acts of navigation, and tliat notiiing should be done in opposition thereto. In obedience to tliis direction, an oflicer was admitted into the province as Collector of the Customs. IMiis officer was A\ illiam Dyre, the same person who had formerly been appointed to a similar service under the authority of the Duke of York.^" No obstruction was ofl'ered to his enterin;^ \ipon the business of his office. IJut his authority was exercised in a manner that inflicted an additional injury upon the province, beside that which resulted from the nature of the laws under which he was acting. Orders were given that vessels belonging to East Jersey should be en- tered at New York, and that the duties on their cargoes should be paid to the Collector at that place. These regulations were ex- tremely inconvenient and injurious, and excited much dissatisfac- tion. Dyre, who was more desirous to ensure his authority, than to exercise it aright, transmitted complaints to the Commissioners of Customs, that resistance was made to his autliorily; he stated that when he attempted to prosecute vessels for avoiding the laws, the juries gave verdicts against him, contrary to obvious facts; and that he was thus j)revented from enforcing the ])ayment of dues. His statements and complaints, without any explana- tion of' circumstances, were laid before the Ministers. A pretext was thus afforded for a more active prosecution of schemes, which had already been considered, and perhaps resolved upon. The representations of Dongan and others, had not passed un- heeded, and an union, with a general subjection of the colonies, was in contemplation. Positive assurances had been given by the Duke of Y'^ork to the proprietors of East Jersey, that he would do nothing that should be contrary to his previous engagements; but his Royal Highness was now in a situation in which he seems to have conceived that he was free from all obligations on account of his former agreements. On the death of King Charles, which occurred in February, 1685, James, the Duke of York liad *■• He li:i(l lu en ;i])|i(iiiiti'il by llio ("oiiiinissioncrs of Customs, to be Collector bi)tl\ for IViiiisylvaiiia mid ISinv .ler.sr>y, rccoivini; Ills coiumission on llu- Itli of January, 1682. He entered upon ollke in Ea.st Jersey in April, IfiS;"). Wliilihmd, J). lO'J. GOVERNMENT INDKR THE NEW PnOPRlETOUS. 227 been raised to tlie throne, and in his high elevation as King, the grants and engaErenients he had made in a lower situation, were but little regarded. Tiiree difl'ercnt times had he granted to the proprietors ot' East Jersey all the rights of ownership and govern- ment which he himself had possessed, and the grants had been made in as full and forcible a manner as the most studied forms of expression would allow, and they had also been conlirnied in a formal manner, by tlie King, his predecessor. But it was found or asserted that there was not a perfect acquiescence on the part of some of the colonists in a demand for customs ; a demand which was unjust in itself, and which was also unjust in the mode of its enforcement; yet the want of compliance was made an offence, and if the course that was resolved upon was lacking in justice, there was that which might serve in its stead. The King had power. In April, 1686, the Attorney General was directed to issue a writ of Quo IVarranto against the proprietors. The reason for such a procedure was stated to be "the great prejudice in the plantations and the customs here, if such abuses should be any longer suffered, in a country which ought to be more dependent on his jMajesti/.^^ During the pendency of these proceedings, the General Assem- bly of the province was convened, being the first since the coming of Governor Lawrie. Agreeably to the orders of the proprietors, the Assembly met at Amboy Perth, in the county of Middlesex, on the 6th of April, 1686. Several enactments were made, but relating entirely to the internal affairs of the province. The compensation of the members of the Assembly was settled.'''' The place of holding the Courts of Common Right was changed in accordance with the orders of the proprietors, from Elizabeth- town to Perth Amboy. The prevailing spirit in the proprietary body was yielded to in an enactment which provided, tluit persons summoned as jurors, and who were scrupulous of taking an oath, " I3y tho ft)rmcr Assembly llio compensation was sottlrd at fimr shilliiif^^s a clay, it was now reduced to tliree shillinpfs, the Assembly " lieinu; desirous to ease the charsres of the country in payinp: great salaries." The payment might lie made in money, pork or corn, equivalent, a reasonable allowance being made for the time expended in going and coming. 228 GOVERNMENT UNDER THE NEW PROPRIETORS. should be received, upon taking an "engagement" according to a form prescribed. Under the same influence a law was passed prohibiting the wearing of arms, or sending a challenge to any person to fight, and the person who should receive such challenge and not discover it to the Governor, or some public officer, should forfeit the sum of ten pounds. At an adjourned session held in October of the same year, acts were passed regulating the times and places of holding the county courts; and another determining the fees of public officers, it being said that "the inhabitants had sustained a great burden by reason of unlawful fees." At this period a change was made in the administration of government. The proprietors had not derived the expected ad- vantages from their connexion with the province ; the quit rents had been but reluctantly and tardily paid, and in many instances had remained unpaid, and the government that had been devised and recommended, had not been accepted by the people. It may be that these failures were considered as attributable in some de- gree, to a want of interest or energy in the Deputy Governor, in the discharge of his duties.*^ Such a view, however, can hardly be considered as just. Lawrie had probably exercised his office according to his best discretion, and with a sincere desire to pro- mote the prosperity and welfare of the province. But his situa- tion had been one of no little difficulty; dissensions had continued to exist, particularly in relation to the titles of land; and the multiplication of claims seemed only to increase the confusion. Some of the regulations of the proprietors too, though properly designed, were hardly capable "of being carried into practice. It must be admitted, however, that in certain cases, Lawrie proceeded rather according to his own judgement, than in compliance with the instructions that had been given him, a course which, whether profitable or not, may not have been the best to give satisfaction. Besides this, he had fallen into the same error as his predecessor Rudyard, in taking up lands in a manner which, if not forbidden " It has been suggested by some writers that the iiitt>rost of Lawrie in Wexf Jersey had rendered him less attentive to the disdiarges of his duties in the other province. For this, iiowcvcr, there seems Hulc foundation. Ohhhixon and W'ipiue. GOVERNMENT UNDER THE NEW PROPRIETORS. 229 by any regulation, was yet supposed to be injurious to the general proprietary interest.-"^ These several reasons led to a new ap- pointment. In the selection of a successor, there ia reason to believe that Governor Barclay and some of his associates, were governed rather by the cliaracter and views of the colonists, than by their own particular preferences. A considerable number of Scottish emigrants were now in the province; they Avere mostly a quiet and industrious people, and the increase of such a popula- tion was to be in every way encouraged, and the appointment of one of their own countrymen as Deputy Governor might further the object in view. The religious opinions of the colonists were also to be considered. Quakerism had never taken a deep root in the province ; a large proportion both of the old and of the new settlers were of other persuasions. The settlers from New England retained their Puritan faith, and most of the Scotch were adherents to their own Kirk. The new Deputy who was ap- pointed on the 4th of .Tune, 1686, was a Scottish Lord, and a stanch Presbyterian. This was Lord Neill Campbell, a brother of the Duke of Argyle. The two brothers had been concerned in transactions in their own country, which, however they may be considered in view of their objects, were still such as to subject the actors to punishment as jniblic oflenders.so . Lord Campbell " Rudj'ard and Lawrie had taken up lands which were supposed to be of \ especial value, and with a particular regard to their own advantage. Hence, in I 1685, instructions were given that "wherever there is an extraordinary choice spot of land, so esteemed by the Surveyor General, or any two of the Commis- sioners, either for the excellency of soil or advantage in situation, it shall be reserved for the joint interest of all the proprietors, and cast in equal division, or if it be such as for the smallncss of it, or any other reason, cannot be so or- dered, it shall not be meddled with until the plurality of the proprietors arc advised thereof, that by them it may be determined whether after a value be put upon it as one acre, esteemed with four or more, it shall go to such as will allow most to the rest for it; or w here they v\ ill not do so after the value set, it shall be determined by lot, as this should have been done in the notable case of Changoroza, by Gawen Lawrie and Thomas Kudyard, so it is hereby declared by the Governor and proprietors, that they will not let that land there which they have taken to themselves, and caused to be set out to tliem, go otherwise. Grants and Concessions, p. 212. "The Earl of Argyle entered Scotland in 16S5, for the avowed purpose of 230 OOVERNMEXT rXDKR THE NEW PROPRIETORS. approhcndinfr llie nccpssity of Ipavinof his country, had purchased a portion of a proprietary ri^ht in East Jersey, wliich had been held by Viscount Tarbet, and sent over a large number of settlers. lie was appointed to serve as Deputy Governor for two years, and directly departed for the province. Wiiatever may have been the aims of the proprietors in the appointment of Campbell, it seems clear that the principal object with hhn in coming to the country, was to secure a retirement from the diflicultics and dangers in which he had been previously involved. Hence he only remained until such an alteration oc- curred as was supposed to admit of his safe return. The only official act of his upon record is the confirmation of the laws which had been passed by the late Assembly.^' On the 10th of December he surrendered his office, and not long afterwards de- parted from the country, stating that "by the urgent necessity of some weighty affairs, he was about to take a voyage to Britain." Whether his commission allowed him the same privilege that had been given to Lawrie, that "in case of urgent necessity" he might appoint a deputy under him, is not determined, but this privilege was used. He placed Andrew Hamilton, a Scotchman who had lately arrived in the country, in office as his substi- tute. The commission of Hamilton Avas published in March, 1687, and he entered at once upon the duties of his place. On the 14th of May of the following year, the General Assembly convened. At this session several laws were enacted, by one of these the county of Middlesex was divided into two counties, one retaining the former name, the other to be called the county of Somerset. An act was also passed "for a tax to withstand in- vasion." It directed that a tax should be levied of a penny in the pound on all estates, and ten pence per head on all males over avenging the wrongs of countrvn)cii, Imt the nmlcrtaking torniinatod in failure and tlie death of the Duke. M'liellier there was any synipatliy witli Arglye and his hrolher, among tlie proprietors of East Jersey, is unknown, but one of tlie j)rineipal of tliem, tlie Earl of I'erlh, had been an aetive opposer of Arglye's |>roceedings. This eircinnstanee renders it prohaiilc that the appointment of ('an)phell was made merely with a view to the supposed intcrostsof the j>rovinee. ■' (Jiiints and (\ineessions, p. :^()1. GOVERNMENT UNDER THE NEW PROPRIETORS. 231 sixteen years of age. The amount thus raised was to l)c hold subject to tlie directions of the Governor of New York, who had been authorized by tlie King, in case of an invasion by the French, to call upon the neighboring provinces for aid and assistance. During this period, the writ of Quo JVarranto that had been issued by orders from the King continued to hang over the pro- vince. The proprietors exerted themselves to avert the danger. They presented a remonstrance to the King, in wliich they re- minded him, that the province had not been conferred upon them as a favor, but had been acquired by tlie expenditure of a large sum ; that they had received a confirmation of their title and assur- ances of protection from himself, as well as from his late Majesty King Charles II, and that relying upon these they had sent thither several hundreds of people. But they were desirous to avoid a controversy with his Majesty, and were willing to correct what- ever might be found amiss in the conduct of allairs, and hence they proposed that the same taxes which were levied in New York, should be raised in their own province by act of Assembly. They besought that if a change in the administration of the pro- vince should be resolved upon, that the King himself would ap- point a Governor out of their own body, who might have charge both of East and of West New Jersey as one jurisdiction. ^^ They also asked that an appeal from the courts of the province should be had to England only; and in order that no further difficulty might arise in the enforcement of the navigation acts, they sug- gested, that an officer might be appointed to collect the customs at Perth Amboy, so that a port might be fully established in the province for entering and clearing vessels without molestation. In the last mentioned particular only was the application of the proprietors at all successful. In August, 1687, a direction was transmitted to the Governor of New York, instructing him to per- " West New Jersey does not seem to have been involved in the (iuo War- ranto process. Yet it was included with the other province in the provision for the collection of customs, and therefore could hardly fail to share the same fate with it; this, together with the interest which many of the proprietors of East Jorscy had on the western portion, may be supposed to have led to the proposal above mentioned. Sec note in W'Idttlicad, p. 113. 232 GOVERNMENT UNDER THE NEW PROPRIETORS. mit vessels to pass to Amboy without interruption, and a Collector for that place was appointed. But in this particular concession, it was not intended to give any favorable assurance in regard to the general course of proceeding; it was rather designed to secure an increase of revenue. The King was not to be moved from his main design. The time had arrived when the true value of Royal engagements was to be fully exhibited. The charters of most of the New England colonies which had formerly been granted with all the formalities of the most bindinir agreements, Were now to be annulled. The hand of unscnipulous authority was to sweep the land "from St. Croix to Maryland." 'J'he country must be "more dependent upon his Majesty." Andross, the former convenient instrument of arbitrary power, was commissioned anew and despatched to New England with autliority to assume the entire direction of affairs. Massachusetts had been forced to yield, and the governments of Rhode Island and Connecticut were dissolved, and the work of destruction was still advancing. It was hardly to be expected that the petition of the proprietors of East New Jersey, although they had received their grant from James himself, would now be respected. The final reply to their application declared, that the King had determined to unite the Jerseys with New York and New England under one government, to be administered by Andross. ^^ Finding that no hope could be entertained of preserv- ing their rights, the proprietors finally resolved to surrender the government, in order to avoid a fruitless and irritating contest. This was done upon the condition that the ownership of the soil should continue undisturbed, aiul thus \hc p/'opcrfi/ of the province be retained as before. Tiie terms were accepted bv tlie King, and in consequence, the proceedings under the Qko Jf'arranto were suspended. West New Jersey acceded to this arrangement. The surrender of the government of both jirovinces was made in April, 1688. A new and enlarged commission was issued to Andross, annex- inof to his jrovernment both New Jersey and New York. Francis " Grahame, vol. 2, p. 299. GOVERNMENT rNDER THE NEW PROPRIETORS. 233 Nicholson was appointed his Lieutonant. Not long aflor the reception of his commission, Andross arrived in New York and received the government from Dongan, tlie former Governor, and presently afterwards paid a visit both to East and West New Jersey.'^ In the present situation of the coimtrv there was but little oc- casion for the exercise of power, and it may be that on his new and more extended theatre of action, Andross was less aml)itious of particular display; he at any rate, exhibited at this time a degree of moderation that had not been witnessed in his previous course. lie continued most of the ofTiccrs of the province in tlicir places, and made but little alteration in the conduct of business. This forbearance indeed was in no wise greater than the state of afl'airs demanded; as yet the agreement between the proprietors and the King had not been brought to completion. The yielding up of the government was connected with a condition, that assurance should be given of the right to the soil, and until this should be done, the proprietors might claim that rightful authority was still in their hands. The stijuilated confirmation was not made by the King, and the period quickly arrived in which, if an in- tention to fulfil his engagements existed, the power Avas finally and forever lost. In the revolution Avhich occurred soon after- wards, James the Second Avas driven from liis throne, and ever afterwards continued in exile. "Ill a k'tlcr from New York, dated October 4th, 16S8, Andross states that he arrived on the 11th of August, and that his Majesty's letters patent being publislied, he immediately received that place, and East New Jersey on the l.jth, and West New Jersey on the 18tli following. See note in Whitehead, p. \\%, 30 CHAPTER XIII. WKST NKW JERSEY. GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. CONDITIONAL SURRENDER OF GOVERNMENT. The release of West New Jersey by the Duke of York, ami the manner in which the conveyance was made, have already been noticed. It would seem somewhat extraordinary that notwithstand- ing the opposition that had been made to the pretensions and claims of the Duke, that the grant which was executed by him was after- wards taken, in part, as the foundation of government. But the conveyance of authority to Byllinge had given to that individual a semblance of right, which there is reason to believe he was unwill- ing to resign, and which the proprietors were then reluctant to con- test. But a course was pursued which was calculated to secure to the people the rights and privileges which they had formerly en- joyed. The first step was the election of Byllinge by the proprietors, to be Governor of the province." The particular conditions of his ' The election of Byllinge as Governor could only have been maJc in de- ference to his claim to authority under the grant from the Duke, unless sonic new conditions had heen made, and none such a])pear. The former conces- sions provided for no sucli office as Governor. There was an apparent design to olfect an union of dilfercnt plans by conceding, to an extent, the pretensions of Byllinge, and yet preserving the rights of the settlers. An election was not a direct denial of the claim to superior authority, yet it ini])Iied tiiat a right of choice existed in the party electing. It is singular that no ajiprehcnsion in re- gard to the elfect of the grant to Byllinge was expressed at the time; Samuel Jenings wrote, that he had received an account of a new grant obtained, where- in the c\istoms were taken off, a free port confirmed, and the government settled on Edward Byllinge, "which I doubt not will be very acceptable to every honest man." (NV//;7//'.s- iYc/c Jirsri/, p. 125.) But altliough the release fiom customs was a most im|)oitant advantage obtained by the province, the grant ill relation to government was somewhat doubtful, and did not frove in the end to bo entirely "acceptable." GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 235 election are no where In a few particulars now provisioiLS were made, but none that alteroil tlie ppirit of the laws. ' The fees of all jtidicial ofTR-ors were formerly dctornihicJ by the A?scnibly, and no change in this respect appears to have been made. ' The sum above mentioned was to be equally levied and proportioned n|)on the several tenths, twenty poiuids upon each and every tenth; and every man to be assessed accordiufj; to his Cbtatc ixal or ijursojial, and all handicraflrf, mcr- 238 GOVERNMENT AFTER THU RELEASE OF THE^rKE OF YORK. be g-iven to tlie Governor, and five pounds (as a gratuity for his services) to the Sjjeaker of the Assembly. It was determined that the town of Burlington should be the chief town or head of the province, at which place the provincial courts, and the General Assembly, were to hold their sittings. A body of Commissions was also nominated and chosen con- sisting, besides the Governor, of eight individuals.* After a ses- sion of seven days the Assembly adjourned to the first day of the second month, called April, 1682. During this period another division or "tenth" had been taken up and occupied; this division, l)y reason that the first settlers had emigrated from Ireland, was called the "Irish Tenth;" it was reckoned the third in numerical order, and extended from the Pensaukin to Timber Creek. ^ At the time appointed for the meeting of the Assembly, the house not being full, adjourned to the 14th, at which time another meeting took place; no business however was transacted, and the members agreed to dissolve the House, which was accordingly done. But directly afterwards a new Assembly was called which met on the 2d of May of the same year. The names of the Representatives who had been elected and chosen l)y the people within their respective tenths, were then returned by the Sheriff' according to appointment.'" Thirty-four meml)rrs attended, and tiie house was oriranizcd bv the appointment of Thomas Olive as Speaker. By this Assembly chants, and otliors to he. assessed «/ f/ic (fi.icrrfion of Ihc A-sud^.tors. All persons who should neglect or refuse to l)rin!T in to the offieers, the sum taxed ujion them, hy a sf)ocilied time, should lie lined at the Judgnient and discretion of the Commissioners, not excceiling forty ^'hillings. 'J'liis latter provision was an- nalled liy the next Asscmhly. ' An important part of the l)usincss of the Commissioners was the direction of measures for the settling and regulation of lands, and they immediately adopted a numher of rules or "methods." G'ran/s and Coiircssioiis, p. 435. "Sec Sharp's account in Miekle's Reminiscences, p. 48. '"The choice of a "HherilV" is not noticed in the proceedings of the previous Assemlily, and as no jurisdictions or counties had yet heen erected, the peculiar s]ihcre for such an olllcer, according to common usage, would seem to have l)ccn wanting. It is doulill'iil what was the precise extiiit of the action of this oflicer, at the lime. GOVERXMEXT AFTER THE RELEASE OF THE DVKE OF YORK. 239 the comparative advantafros of general and district elections were considered a question that has frequently been agitated in latter times. Hitherto elections had been held witliin the respective tenths, but the members had been chosen from all the divisions M'ithout discrimination. But the Assembly now resolved that "it was their judgment and the judgment of the respective people by whom they were chosen, that the most regular way for pre- serving liberty and property by a lawful Free Assembly is, that each ten proprieties choose their ten Representatives where they are peopled; and that as the proprieties are, or shall be peopled, tliey liave the liberty of choosing for each ten proprieties, so peo- pled, ten TJepresentatives." The House resolved that twenty- four members, the Speaker being one, should make a quorum for the transaction of business. For greater convenience in the transaction of public affairs, the province was divided into two districts or jurisdictions, in each of which courts were to be established and regularly held. Four Courts of Sessions were to be held yearly; in one of the districts at the town of Burlington, and in the other, at the town of Salem." Smaller courts might be called oftener if need should require, to be called by the Justices; but if a special court should be called, the party requiring it should pay for every Justice sitting at the " From the fact that members from Salem were in this Assembly, and that provisions were made by the Assembly including that portion of country, it is apparent that the relations formerly existing between Fenwick and the gene- ral body of proprietors, had become changed. The independent position of the former must have been wholly or partly relinquished. But in reference to this particular, there is a lack in the history of West Jersey which the author is entiiely unable to supply. In what manner the dilTicultics which had hereto- fore existed between Fenwick and liis lessees, were concluded, if concluded at all, is uncertain, but the country in dispute continued to be known as "Fen- wick's Tenth." It is stated however (John.son's Salem, p. 20,) that on the first of March, 168*2, Fenwick conveyed a moiety of his proprietary to Governor IVnn, of Pennsylvania, excepting and reserving therefrom to himself, his heirs and assigns, all that tract of country wliich was called Fenwick's colony, con- taining as was supposed 1.50,000 acres. Whether this was intended as a basis of a general arrangement, in wbich Fenwick was to be allowed to retain the land here reserved, and relinquisii all claims to the reniaiiider, is unknown, hut it would seem not improbable. 240 GOVF.RXMKNT AFTER THE RELEASE OF THE DUKE OF YORK. time, three shilliiiffs a piece, and to the other ofTieers of the court according to their ordinary fees, or more for extraordinary services. The Council, consisting of ten persons of the province, were nominated, and chosen, together witli tlie Commissioners, and tlie officers of the respective jurisdictions; nine Justices were ap- pointed for the jurisdiction of Burlington, and four for the juris- diction of Salem. Sheriffs were chosen for each, and also a Clerk and Recorder, and Constahles were appointed for three of the tenths, none being chosen for Salem. '^ It was resolved and en- acted that the next General Assembly should meet on the r2t]i of the third month, called May, and so yearly. After a session of four days during which several other enactments of minor im- portance were passed, the House adjourned to the 4ih of Novem- ber next, "unless there be necessary occasion to meet sooner." 'The "necessary oecasion" was supposed to arise, and the Goveruor, by the advice of his Council, summoned the Assemlily to appear on the 2Gth of September of the same year. Twenty- eight members were present at the time appointed. It was then enacted that the election of Representati\es should take jihice witliin the respective tenths on the 1 1th day of tlie second moiilh and so yearly, at such time and place as sliould be most con- venient. An enactment was also made providing for the settle- ment of certain suits in a kind of Court of Arbitration. In all accounts of debts, of slander, and all accounts whatsoever between neighbors, not exceeding twenty shillings, the arbitration of two indifl'erent persons of the neighborhood, should be tendered by a Justice of the Peace, who should have jwwer to summon the parties before him, l)efore the matter should be taken to a court, and if both or either of tlie parties should refuse to stand to arbi- tration, then the Justice might issue his warrant for the trial of the case at the court next ensuing. '^ The present session con- " Undpr the former concessions Justices and Constables were to be chosen by the people. '' In tlic Convention tliat iornied tlie present Conslitulion of the .state oflVew Jersey, a motion was made by Mr. Jac(]ucs, one of the nienibcrs, for provision to institute a court similar in some respects to the one here established; it was to lie called " A Court of Reconciliation." The proposition was ur^red witii sonic earnestness, but was not linally adopted. Minutes nf the Convention. COVriiNMENT AFTER TIIK RELEASE OF TIIEDrKE OF YORK. 241 tinned two days, and the House was then adjourned to the 1st day of the thirJ month, 1083.'^ The next meeting of the Assembly was one of importance. It comnuMiced according to adjournment on tlie 2d of the third niontli, 1683. Thirty-seven momliers were in attendance; ten from the first tenth, and the same num1)Cr from the second and from the Salem tenths, each,'- and seven from tlie third tenth. Thomas Olive was again chosen as Speaker of the House. At the beginning of the sitting some enactments were made re- lating to the action of the government, or its respective branches. It was enacted that the Governor, or his successors, should have no power to require the attendance of the Assembly, or any of its members, (when sitting,) at any place, without \he assent of the House. That for the despatch of business, llic Governor and Council should have the preparing of bills for laws, which should be promulgated twenty days before the meeting of the Assembly. That the Governor, Council and Asscmbhj should constitute the General Assembly, Avhich Assembly should have the aHlrniative and negative of all bills prepared by the Governor and Council, and that such bills should be openly read b}- the Clerk, and the intent thereof be explained by the Governor, and then decided by yeas and nays ; and that in the case of exceptions and amend- ments, the Governor and Council and Assembly should determine by a plurality of votes, the Governor having a double vote. All oflicers were to be chosen on the first day of the session. It was also provided that tlie Governor and Council should have the government of the State according to the laws, during the recess of the General Assembly. '^ Several other enactments were made "An act was passed at this session for "the encouragement of learning and tlic better education of youth." It provided that the Island of Matininuck. (late ill the possession of Kobert Stacy,) should be given, and Ihencefortii to remain forever after, to and for the use of the town of Burlington, and to others con- cerned therein, within the first and second tenths, the rents and profits thereof to be employed for the maintaining a school for the education of youth witliui the said town, and within the first and second tcntlis. (^Grants uitd Cunccbsiuns, p. 155.) It is believed that this property is still appropriated to the purposes here directed. '* John Fenwick was one of the Representatives. "■ Grants and Concessions, i>. 466. The chief administrative authority which, 31 2 12 GOVERNMENT AFTER THE RELEASE OK THE Dl'KE OK YORK. regulating the purchase and settlement of lands, and other particu- lars. IJut tlie attention of the Assembly was especially directed toward a sul)ject more general in character, and of higher impor- tance and interest. Although the change that had occurred in the form of the go- vernment subsequent to the grant from the Duke of York, had been acquiesced in by the proprietors and the people, upon cer- tain conditions, it still became a source of no little disquietude. Formerly the government of the province had been held by the proprietors, freeholders and inhabitants, but now it had passed, in theory at least, into the hands of Byllinge, and authority was ex- ercised by a Deputy appointed by him. The principal indeed had been chosen as Governor, and the Deputy had been obliged to conform to the conditions and terms that had been made; and thus the actual government came to be sutliciently liberal in action and character. But still the question o{ right was not fully determined. With whom the right and the power of government actually lay, was a matter that was much and warmly discussed. Reports were "industriously spread," and "doubts started" calculated to prejudice the rights and claims of the colonists.'^ At this time too, it is asserted, the Governor, Byllinge, resolved upon the removal of Jenings from his post as Deputy; a measure Avhich was probably intended by Byllinge as a practical assertion of in- dependent authority, and also, it may be, to mark his dissatislac- tion with llic course of the Deputy in his ready agreement to the wishes of the people. The proprietors in England, or some of them, appear to have agreed in their views, with the people of the province, and William Penn advised to a course of proceeding, on the present occasion, which direcdy tended to defeat the in- tentions of Byllinge. He recommended that Jenings should be confirmed in his olhct^ by the choice of the Assembly.'" Tliis recommendation, besides its bearing in reference to the claims of the (iovernor, was acceptable in the province on other accounts; Jenings had given satisfaction to the people and they desired his continuance in oflice. under the formor conci'ssioiis, beloiipod to tlu- ( '()iiiiiiissioiiei-.«, was here expressly given to the (joveriior tiiul Council. " tSniilh's .\c\v Jersty, ji. ItKJ, " (iDnloii's IScw Jersey, y. i:]. Siuilli, i>, l.'i5. OOVERNMENT AFTKR Tilt: RELEASE OF THE DIKE OF YORK. *2 13 The Assembly now met, entered upon tlie consideration of these important particulars, and did not cease until a full determination had been made. Their proceedings are recorded as "the re- solves of the freeholders of this province in Free Assembly met on the 14th day of the third month, 1083." They resolved that the land and goi^ernment of TJ^est JVew Jersey iverc purchased together. That Edward Byllinge and his trustees were still obliged to make good their former contract and covenant in wliich they had granted both property and power. '^ That the conces- sions agreed upon by the proprietors and people and subscribed in London and in the province, were still the fundamentals and ground of government.-" That the General Assembly would stand by, and to, these concessions, (but reserving the liberty and privilege of making such variations as from time to time should seem meet for the public good.) That an instrument should be drawn up, and sent, by order of the Assembly, to some trusty Friends in London, for Edward Byllinge to sign and seal, where- by l>e might confirm his lirst bargain and sale, in which both land and government were granted. That upon such confirmation by him the Assembly would manifest their satisfaction, and if the said Byllinge should come to the province himself, they would testify their acceptance and acknowledgements for his care and diligence in the premises. That the expedient proposed by Go- vernor Penn for the election of Samuel Jcnings as Governor, was satisfactory, and that after, and in addition to such election, if Samuel .Tenings should promise to act in his office with fidelity and diligence according to the laws, concessions and constitutions of the province, sufTicicnt security would be given to the people. In addition to the difllcullics respecting government, some un- easiness had also arisen in relation to the titles to land. The original deeds from Byllinge and his trustees had contained a condition that the sellers, within seven years from the dale, should "This resolve was a direct and distinct denial of the claims of Bvlhiigc un- der the grant of the Duke of York. ■^John Fenwick made an exception to this resolve, alleging that at Ihc time the concessions were subscrilKid to, his tenth was nnder difliMTnt circumstanci s, yd vmi' he freely assented thereto. 244 GOVEUNMEXT AFTER THE RELEASE OF THE DUKE OF YORK- make further assurance of the premises, to the purchasers. Hence tlie Assembly resolved that these sellers were bound to give the further assurance within the specified time, according to their contract and covenant. It was further resolved, tliat "forasmuch as the end of all governments is the good of the governed, and that in the Constitution of this colony there are some expressions and passages too strict, and which are found by experience, not to be so practicable or profitable," the Assembly might make from time to time such changes and alterations as they should seem meet; six parts of seven of the Assembly assenting thereto; only that the law of liberty of conscience, the law of property, tlie law of yearly Assembly, the law of juries, and of evidence, sliould not be changed.-' The Assembly directly proceeded to carry out its resolves. Samuel Jenings, by the free election and vote of the Assembly, was chosen as Governor of the province, and lie immediately subscribed an engagement to act in that capacity "according to the laws, concessions and constitutions as they are now established in the province." A number of persons were also appointed to prepare the instru- ment to be sent to London for Edward Byllinge to sign, and the individuals in England to whom the business should be entrusted were agreed upon. Thus again did the people of this province assert their claim to entire freedom from all authority except such as had been insti- tuted by themselves, in accordance with the provisions of the original concessions. In the following year, 1683, the rosulutions that had been entered into upon the subject of government, were further pursued, and il was enacted and resolved by the General Assembly, that an instrument containing the state of the case be- tween the jjroprietors of the province and Edward Byllinge, in relation to ihc people's legal and equitable right to the government of the province, should be direcdy transmitted to England, and also a letter to IJ) Hinge himsfll". In pursuance of this design, " Some provision allowing such alterations would sconu'd to have Ih-ch rr(|iiiic>(l ill ordiT to juslily. tli«- roursc of' tlio Assi-mlily itself, for whilst they ditluicd that the former coiu'o.ssioiis were llic luiKlaiuoiitals uiul foiiiulalioii of (Toveriiment, the provisions now adoitted were (Ulferent in many rcs|)ect*j from lll(l.-i4' 1)1' till' eoMlTSsionH. GOVERNMENT AFTER THE RELEASE OF THE DrKE OF YORK. 2i') it was further resolved at the ensuing session (held in Marcli, 1684,) that an express demand upon Byilinge should be made for a confirmation of what he had formerly sold and conveyed, and the Assembly elected and appointed Samuel Jenings the Governor, and Thomas Budd to visit England, and conduct the negotiation there. ^^ Thomas Olive was nominated by Go- vernor Jenings to serve as Deputy Governor until the next meeting of the General Assembly should take place. This meet- ing occurred in May of the same year, and Olive was then chosen as Governor, and the Assembly resolved that during the pendency of the application in England in relation to the govern- ment, aflairs should "remain upon the same foot and bottom, and be managed in the same methods as formerly, until matters shall be controverted and determined." In the interim the internal regulations of the province were further determined ; the rate of taxation upon real and personal estate was prescribed, and also the amount to be collected and the mode of collection. Assessors and Collectors of taxes were to be chosen by the people in each of the tenths, such officers having authority within their respective limits; and in case any persons should refuse or neglect to pay the amount assessed, within the specified time, the next magistrate might issue his warrant to distrain for double the sum taxed, to- gether with the costs and charges. Authority was given to the people of the several tenths to levy taxes for making and repair- ing highways within their respective limits. -^ ^ It was resolved that the sum of one hundred pounds should be g:iven to Governor Jenings as a gratuity for and in consideration of his loss of time and absence from his own affairs ■" in his going to England to transact and carry on the public concern of this province, in relation to the government thereo£" It was also resolved that one hundred pounds more should be provided for the payment of the charges and necessary exfienses of the agents. For these sums the Assembly became responsible, but Samuel Jenings, Thomas Budd and Thomas Olive became bound for one hundred pounds on the public account, and ten other individuals entered as security for the remaining hundred. The money was advanced by Governor Perm. Certain lands in the province Merc appropriate 1 for the final liquidation of this debt, ^Another tenth was by this time taken up and occupied, and Representatives appeared in the Assembly ffom the fourth tenth. The fourth tenth extended '- 'n Timber Creek to Oldman's Creek. 240 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. By the Assembly which convened in May, 1685, the resolution that affairs sliouUl be continued upon the same "foot and bottom" as formerly, was somewhat modified, by an extension of the powers of the executive body; it was resolved that the Governor, with the advice of his Council, might, for the present emergency, issue forth sucli proclamations and precepts for the preservation of the properly and privileges of the people, as they might deem necessary, until the General Assembly should make further pro- vision. Rut tlie suspense arising out of the "present emergency" was not greatly protracted. The mission of Governor Jenings and his associate to England was only partially successful. A full renunciation of the claims of Byllinge could not be obtained; a new charter indeed is said to have been given, but no important concessions appear to have been made, and soon afterwards a commission Mas issued by Byllinge appointing a Deputy Gover- nor. This otlice was given to John Skene.-' On the 25th of September, 1685, the General Assembly con- vened. Fifty members were in attendance, ten from the first, second, third, and fourth tenths, each, and the same number from the Salem tenth. Thomas Olive was chosen Chairman or Speaker. The Assembly resolved upon an acknowledgement of the commis- sion of Byllinge to John Skene as Deputy Governor, yet this was done with a distinct reservation of "their just privileges and rights." The grant of Byllinge proved to be a source of embar- rassment; there was an apparent reluctance to enter upon decisive action in relation to it, and such action was finally avoided by an early adjournment. The House resolved that on account of the "sharpness of the season" and several of the members being at a considerable distance from their habitations, and also as the mat- ters ])efore the House were of great weight, the Assembly would appoint a committee to be charged with the inspection of the new charter, and the bills j)ropared, who were to make report at the next meeting, when the House might give their "resullment there- "' Both Smith and Gordon state tliat William Welsh had l)ccn appointrd some time liefore, as Deputy under Byllinge, hut that he was rejected hy the Asseml)!}'. 'J'homas Olive was ihriec eleclod, and eonlinued to he (lovenior (roiii May. KiNl, niilil Si'|.tcpiili(T. Hi^'i. when f^krne was rereivt-d. GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 247 of." It was then agreed that the House should elect and appoint such olllcers as miirht be necessary to assist the Governor in keeping the peace, and maintainino- good government, and then to adjourn to some fit and seasonable time. It was also resolved that the new grant from the Duke of York ("now King,") of soil and government to Edward Byllinge, and also tlie instrument from Edward Bijllinge, and proprietors, should remain in the custody of Thomas Olive and Thomas Gardner until further order. Before the adjournment, ofticers were appointed for the five divi- sions of the province, and also a Justice and Constable for Cape May. What was the "fit and seasonable time" to which the Assembly was adjourned, there is nothing to show, but another meeting did not take place until the latter part of the year 1692. During this interval, various changes occurred in the general condition of aflairs in the province. Whilst the regular autliorities were sus- pended, a portion of power was exercised in some of the sections by the people themselves, with a view to the promotion, of their own convenience and advantage. By legislative enactment, but two jurisdictions or counties had yet been established within the province, but during the recess of the Assembly, another division was made, by the voluntary action and agreement of the inhabi- tants themselves. The settlers within the third and fourtli tenths finding themselves subjected to much disadvantage from the trans- action of public business at Burlington and Salem, resolved upon the estal)lishment of a central jurisdiction, and for this purpose held a convention at Gloucester, in May, 1086.-^ In pursuance of their object, an instrument was framed and adopted which con- tains sufiicient evidence that the people conceived their political competency, to be ample in extent. They determined the limits of the jurisdiction, the subdivision into townships, the constitution and powers of the courts, the times and places of sitting, with various other particulars.'" The new division was called the "Gloucester was one of the earliest settlements in the province, and a town was soon aflerwards projected and laid out. It continued for many years to be the county town. Sec Michle's iieminiscciices, p. 35 and OC- * The jurisdiction was co-extensivc with the limits of the third and fourtli 248 GOVERNMENT AFTER THE RELEASE OF THE DtKE OF YORK. county of Gloucester, and during' the suspension of provincial legislation, the authorities of Gloucester continued to exercise a degree of authority, entirely sufficient to meet the exigencies of the time. In tlie year 1687, a change took place in the provincial govern- ment in consequence of the death of Edward Byllinge.^' Upon this event, Dr. Daniel Coxe, who was already largely concerned in West New Jersey as a proprietor, purchased the wliole of the interest of the heirs of Byllinge in the province. In this was included both the right to property, and also the doubtful claim to the powers of government. On the 5th of September, 1687, Coxe directed a communication to the Council of Proprietors in the province, apprizing them of the transfer that had been made, and explaining at length his own expectations and views. ^^ He directly advanced a claim to the tenths, reaching from the Pensaukin to Oldman's Creek. Four courts were to be held yearly, alternately at Gloucester and Red Bank. Wuodbury Records, given hy Mickle, p. 85. '^^ Byllinge had been one of thQ toost prominent actors in the aflairs of West New Jersey, and in the early period of his engagement had manifested an earnest desire to promote the interests of the province and the happiness of the people. He had been a party to the first concessions, and had thus been in- strumental in erecting a frame work of government of a most liberal character. It is much to be regretted that his sui>sc(iuent conduct was not siicii as to con- firm the expectations excited by his earlier course. He may at first have ac- cepted authority from the Duke of York, with an intention to convey it to peo- ple, to whom, according to his own agreement previously made, it properly belonged. His first step may thus \ye accounted for and partly excused, but his subscijuent retention of authority can in no wise be palliated, and is only to be explained upon tlie supposition, tliat he was too open to the seductive influences of place and of power. ■* The Council of Proprietors were individuals chosen from the general body. The whole nun.ber of proprietors had liccomc so large, and the members were 80 scattered that the transaction of business had become extremely ditliculL 'I'o obviate this, it uas resolved at a meeting of the proprietors on the 14th of Fi ' ruary, 1087, that there sbould be constituted a Proprietary Council, to consii-t of eleven Connnissioncrs, to be annuiilly chosen from among theinsi'lve*. These Connnissioners were fully empowered io act in all such aflairs as concerned tlic general body, and two shillings a day was allowed them as a com|)ensation. In November, 1G88, the Council agreed upon u system of rules relating to the I GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 249 entire direction of afiairs in matters of government. lie stated, that lie had advised with tlie most eminent counsel, by whom he was instructed, that though the concessions which had been agreed to by Byllinge might have bound him in conscience during his life, yet that the obligation would not survive so as to be binding upon his heirs, and of consequence, was not binding upon Coxe himself. In support of this view it was urged that the original concessions agreed to by Byllinge had been made, previous to his possession of the rights of government. This avsrument, wliether sustained by the opinions of "the most eminent counsel" or not, was sin- gularly defective ; it had no other foundation than mere assump- tion. It assumed that the rights of government were wholly derived from the grant that was made to Byllinge by the Duke of York. But before this grant was made, Byllinge and his coadjutors be- lieved and rej)resented themselves to be possessed of this power, and in their concessions had conveyed it in the fullest manner to the people of the province. If then, this authority was possessed at that time, and was conveyed according to the terms of the con- cessions, the powers of government became vested in the people and remained in them, and could not afterwards be exercised by Byllinge, or be conveyed by him to another party. And if it be supposed that there existed any defect in the powers of the grantors at the time the concessions were made, and Byllinge in conse- quence of subsequent events, came to the possession of further ability, he was bound not only ''in conscience," but also in honor and honesty, to make good his former agreement. But in fact, the grant of the Duke of York was no more than an acknowledge- ment of rights and powers which were previously held, and which had been previously enjoyed and -exercised, though with great sales and surveys of land. In this manner the land affairs of West New Jersey continued to be directed for a long period, and indeed the authority is recognized even at the present time. The first Council were Samuel .Tcnings, Thomas Olive, William Bid. lie, Elias Farr, Mahlon Stacy, Francis Davenport, Andrew Rolicson, William Royden, John Heading, William Cooper and John Wills. It was to this liody that the communication of Dr. Coxe was directed. During the recess of the (Scneral Assemhly, the proi)rictiiry lio<1y was prolialilv consid- ereil as the hidhcst authority in the province. 32 250 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. impropriety and injustice, a dilTerent distribution of tliese powers was ordered and made. Information was also given by Coxe that he had consulted with several of the principal proprietors, and that he had been urged by them to purchase the government and the property, and that he had afterwards proposed, if any way could be shown, that the government should be assigned to the proprietors, or to par- ticular persons, or the people ; he desiring no more than that he should be merely secured for what he had actually disbursed. But little difliculty need to have occurred in finding a "way" in which an adjustment of the matter in question might have been made. If, indeed, Coxe had acquired a doubtful and disputed right, it might not be found easy to recover the amount of his outlay, in any other manner than by claiming that to be sound and good, which in reality was imperfect and faulty. A full con- firmation of the original grant which had been agreed to by Byl- linge, would have been just as a primary step; if afterwards, the entire amount of disbursement could have been readied, no injury would have been sustained by any; but without this, if interest should be secured, a wrong w^ould be committed. In the commu- nication of Coxe it was further set forth, that as no proposals had been made to him, he sliouid enter upon tlie government himself, and he distinctly stated that "as all the gentlemen of the law wlio have been hitherto consulted, do unanimously agree that the government of the province of West New Jersey, is legally in me as full as Pennsylvania in Mr. Penn, or as East Jersey in the proprietors there, I thereupon assumed the title of Governor, and lay claim to the powers and authority thereunto annexed, and am resolved, by the assistance of Almighty God, to exercise the jurisdiction by his Royal Highness, his last deed or grant un- to me conveyed, witli all integrity, faillifulness and diligence." He also declared his full willingnctis to confirm the civil privileges and rights which had been given in the original concessions ot the proprietors, and to cause them to be inviolably observed; but in regard to the form of government, he remarked tliat "as the government of England is acknowledged by all intelligent and disinterested persons, to be the best of constitutions, I do hereby declare m\- full rtiid free approhniion of such constitution in voiir CONDITIONAL SIKRENDER OF GOVERNMENT 251 province." lie declared tliat he sliould confer upon the Assembly all powers and privileges consistent with the ends of good govern- ment, the redressing of grievances, and promoting the peace and prosperity of the province. He also desired that information might be given him as to the most proper mode of establishing the Assem- bly, and of appointing the several officers, and gave an assurance that all reasonable expectations and requests should bo complied with; and that the otlicers appointed by Byllinge, or who had been chosen by the people, should be continued in their respective places and employments. From the above particulars it is entirely manifest that all au- thority in the province, in respect to governnient, was claimed by Coxe, in virtue of the purchase he had made from the heirs of Byllinge ; nothing was left to the people as rights, though liberal oilers Mere made to them as grants. But the exercise of tlic powers of government either by the people or by the new claimant, was suspended for a time by interference from an entirely different quarter. The release which had been made by the Duke of York had served to relieve the province, for a period, from further interruption from that source. But the Duke had now become King, and notwithstanding his former as- surances and grants, he again attempted a resumption of power. As has been noticed in the history of East Jersey, differences had arisen between the people of that province and the officers of the crown, in the enforcement by the latter, of the navigation laws of England. In consequence, a writ of Quo JVurranto had been issued against the province, and after inelfectual resistance, the proprietors of East Jersey had resolved, upon certain conditions, to surrender the government to the King. West New Jersey was not formally involved in the process directed against the ad- joining province; yet it was the design of the King, whether with, or without a formal procedure, to reduce the whole of the country to a state of dependence. In the condition of affairs existing in West New Jersey, the body of proprietors or other inhabitants, had apparendy, but litde to lose in a surrender of government upon the terms proposed, all authority being claimed by one individual. This individual, Coxe, was largely interested, himself, m the property of the province, and probably regarded his interest 252 CONDITIONAL SURRENDER OF GOVERNMENT. in this respect as of too much importance to be hazarded by a tenacious adherence to his claim to the government. A surrender was tlierefore made in April, 1688, the same time as in East Jersey, and upon the condition, as in the other province, that the rights of property should remain undisturbed. The whole of New Jersey, Avith New York and New England, was placed under one government, to be administered by the well known Edmund Andross. Orders were transmitted by Andross, through his Secretary, to John Skene, to receive and take charge on his behalf, of the public records of West Jersey. ^s A demand was accordingly made upon the Council of Proprietors for the delivery of the papers and records in their possession. This demand was considered in a meeting of the Council held on the 10th of August, 1688, and it was then resolved "that all records relating to government may be delivered according to the Secre- tary's order, but such as relate to lands, they judge to be the pro- perty of the proprietors, and that they ought to remain with them, and hope that the Governor is already satisfied therewith. "3" On the 18th of August Andross himself appeared on the pro- vince ; he issued a proclamation ordering that the revenue should still be collected, and also, that the several officers of the province should continue in their places and employments. 3' Thus was the province subjected to royal government, which however, as will be seen, was but brief in its duration. The revolution in England soon followed, and the consequences were not long in appearing in the American provinces. *• It is stated by 8inith, that Skene died in December, 1687, but from tlic transaction above mentioned, he ajUJcars to have been acting as an oflxcr in 1688. * Siuitli's New Jersey, p. 202. " M'liitehead, p. 112. CHAPTER XIV. RESUMl'TION OF GOVERNMENT IN EAST JERSEY. RESUMPTION IN WEST JERSEY. FINAL SURRENDER. At the first rumor that the Prince of Orange had landed in England, a flame burst out in the American colonies. In Boston the people assembled in arms, and those "public robbers," as Andross and those who had acted under him were called, were seized and made prisoners, and Andross himself was soon after- wards stripped of all his authority. The Governor and Magis- trates of the colony, with Representatives from the town, assumed the government until the pleasure of the new King should be known. The new Monarch approved of their proceedings, and directed them to continue the administration of government until the same could be settled in a manner most conducive to his service and the security and satisfaction of the colony.' Con- necticut obtained the opinion of three of the most eminent lawyers in England, that their involuntary submission to the government of Sir Edmund Andross did not invalidate their charter; and that the same, not being surrendered under the common seal, and such surrender duly enrolled of i-ecord, nor any judgment entered against it, the corporation might lawfully execute the powers and privileges thereby granted. Hence this colony as well as Rhode Island, continued their old forms of government under their cliarters. It is possible that had a course of proceeding like to that pursued in these colonies, been entered u})on in East New Jersey, a similar result might at once have been reached. But the situation of affairs was such as to prevent a decisive attempt. There was a lack of unity in action, if not of feeling, in the body of proprietors, arising in part from their local division. It is probable too, that ' Jiiil2;mcnt having- been actually rcnilorcd against Massachusetts, its former charter wa^ not finally restored. Til kin' ti Histori/, vol. I, |). 120. 254 RKSUMPTION OF GOVERNMENT IN EAST JERSEY. the prevailing influence, so far as it could be gathered, was rather in favor of quiet and peace. Barclay, the Governor, was not of a nature to urge or direct a struggle for political advantages. Beside this, although the late King had but illy deserved their kindness, there yet existed a lingering attachment to him as the original grantor of the province, and some reluctance was felt to make an application to the Prince Avho had driven him from his do- minions and his throne. But more than all, there was a want of interest and attachment between the proprietary body and the people themselves. The government had not acquired a hold upon the afiections of the colonists ; many of the inhabitants in- deed were really averse to the existing authorities, and therefore if no direct attempts opposing a restoration of the government were made, nothing was done by the people to promote it. In conse- quence, a kind of negative position was maintained for a time ; the course of events was awaited. In May, 1689, a summons was received from the Lieutenant of Andross, (wlio was yet at the head of afl'airs in New York,) re- quiring the authorities of East Jersey to attend a conference in relation to the state of the government. Hamilton, the Deputy Governor, (who had been continued in office,) with a number of the Justices of the province, complied with the call, but no deci- sive determination was arrived at. Feeling the difficulty of his position, Hamilton resolved upon a voyage to England, in order to consult with the proprietors there, and to agree upon a course which should determine his future proceedings. He departed from the province in August, 1689; he left no deputy, but con- tinued to retain his authority.- On his voyage he was taken prisoner by the French and was detained for a time, and upon his arrival in England, his office as Deputy Governor was resigned. On account of these occurrences the province of East Jersey was left for a period without a regularly appointed head to direct the proceedings of government. But the several officers that had formerly been appointed, remained in their places, and continued in the exercise of their duties ; the machinery of government con- ' He .-ii>i'rars lo h;nc l>ci'ii in oll'iio r-o late as Mav, 1690. Whifchead, p. RKSUMPTIOX OF GOVERXMEXT IN EAST JERSEY. 255 tinued in action alihoiigh it had become imperfect in form.^ After the resignation of HamiUon and the death of Governor Barclay, (which latter event took place on the 3d of October, 1G90,) it be- came necessary that some decisive measures should be taken for the maintenance of order. The entire success of the attempts in other colonies for a full restoration of their former privileges and rights may have strengthened the resolves of the proprietary body; accordingly, they resumed the direction of ailairs, and proceeded to re-establish the government of the province. They appointed John Tatham as Governor. But the want of agreement between the proprietors and the people, created an early impediment. Whetlier the inhal)itants preferred a continuance of their former situation to a renewal of the proprietary government, or whether there were solid objections to the present appointment sufficient to warrant opposition, is not easily determined. But Tatham was not accepted in the province ; the people declared that they "scrupled to obey." In the following year Colonel Joseph Dudley "was appointed; he met, however, with the same reception from the people as his immediate predecessor.* But this difficulty was finally removed. On the 25th of March, 1692, Andrew Hamilton, the former Deputy Governor, who still continued in England, re- ceived from the proprietors the appointment of Governor. During his former residence in the province, the prudence and steadiness he had manifested, had rendered him acceptable to the people, and his present appointment and return, contributed in a great degree, to the firmer establishment of the proprietary government. John Barclay, a brother of the late Governor, who had resided » Some authors have represented that a complete suspension of all govern- ment took place at this time, the people being in this respect, merely in " a state of nature." But such representations are not strictly just. The suspension of government was never complete, and within the period of partial interruption, both Tatham and Dudley wore appointed to oincc, but were rejected by the people. Wkiteheud, p. 130. ' Tatham was appointed nearly at the same time to be Governor of Wett Jersey, where he resided, but was there iTJected on account of his "Jacobite principles." This was probably the Ground or the pretence of his rejection in the other province; whether any such suspicion attached to Dudley docs not appear. 256 RESUMPTIOV OF GOVERNMENT IN EAST JERSEY. for some years in the province, was appointed Receiver and Sur- veyor General, and to complete the number of officers, Thomas Gordon was placed in office as Secretary and Register, being the Deputy of William Dockwra, who held the chief place under the proprietors, in England. Governor Hamilton arrived in the province in September, and his reception was such as to go far towards relieving the colonists from the suspicion of factious opposition to the government, which their previous course might possibly have raised. The Governor entered at once upon the duties of his office, and appointed his Council from among the most prominent men of the province. ' On the 28th of September, 1692, the General Assembly con- vened. The general interests of the colony were brought into notice, and various acts were passed to meet the circumstances existing at the time. The scruples or questions that might have arisen, on account of the several changes that had occurred in the government of England and of the province, were forestalled, by a general confirmation of previous enactments, excepting only such laws as had been formerly, or were now expressly repealed. For a time, an appearance of settlement and quiet was exhibited in the province, but it was soon interrupted by other events. The old subject of dispute relating to the tides of land was again revived. Although this question had been repeatedly and definitely settled by declarative acts of the proprietors, and of the' Assembly, it still had not been brought to the notice of the courts, and no judicial opinion had yet been given. But in 1695 the matter was formally determined in the courts of the province, and a judgment was given adverse to the party claiming by the Indian right. But the decision failed to produce the effect that might have been hoped, and that might l)een expected. An appeal was taken to the King in Council, and there, upon the ground of some informality in the previous proceeding, the decision of the provincial court was an- nulled ; and thus this fruitful source of dissension was opened afresh. Increased unsettlement was the consequence. 'They were Captain Isnnc KinRslaml, Amirew Bowno, John Inians, DaviJ Miulie, .lamcH Dnmhis, John Royce, Samuel Dennis, John Bishop, and Lewis Morris. RKSl'MPTION OI (iOVKUNMENT IN KAST JERSKY. 257 Not long afterwards anotlior unfavorable circumstance occurred. Governor Hanailton was in general favor with the people, and had also acted with faithfulness toward the proprietors ; and his con- tinuance in office seemed likely to be highly beneficial in effecting a restoration of order and harmony. But in 1697, a law had been enacted by the English Parliament requiring that all pro- prietors of colonies should present their respective Governors to the King for his approval, and that no other than a natural l>orn subject of England should be admitted to serve in any pulilic places of profit and trust. The law itself was an exhibition of contracted policv, and it was complied with by the proprietors of East Jersey witii a degree of promptitude that would almost war- rant a charge of extreme subserviency. Without awaiting the decision of the King in the case of Hamilton, (who was a native of Scotland,) they at once removed him from ofllce. Notice was given to the Council of the removal, accompanied by a declaration that it was considered unavoidable, and was much against the in- clination of the proprietors. It proved to be greatly injurious to their interests. Jeremiah Basse was appointed as the successor of Governor Hamilton; he produced his commission to the Council of the province on the 7th of April, 1698. It was understood that the assent of the King had been given to the appointment. The new functionary entered upon his duties by publishing a proclamation directed to the officers and people of tlie province. It set forth tlie importance of an orderly and moral deportment for the preservation of peace, and for the support of the government of his Majesty, who it was said, "hath so often exposed his Royal person to eminent danger, to reduce us from tlie growing power of I'opery and arbi- trary government." All persons were prohibited from cursing, swearing, intemperance, and other immoralities which were named; and all officers were commanded to enforce the laws against such as should offend. But no long time elapsed before difficulties began to arise. It was discovered that the Governor's appoint- ment had not been approved by the King, as had been represented at the time.'' Beside this, the necessarv confirmation from the ' The proprietors allerwards slated iu a iwlilion ; that upon the appoinliucnt 33 258 RESr.Ml'TION Ol GOVERNMENT IN EAST JERSEY. proprietors themselves was wanting, ten only having given their assent, whilst sixteen was the number required. On these ac- counts, some of the proprietors in the province refused to acknow- ledge the Governor's authority, and a similar disposition was shown by the people. A part of this opposition \vas owing, or Avas atti-it)uted, to the displeasure that was felt at the liasty i-emoval of Hamilton, and some even insisted that the latter was not really or fairly superseded, and hence that he in fact was the Governor of the province, and that in his absence the government should be conducted by the Council. Instead of seeking to remove the de- fects which really existed in his commission, and commending his authority by a calm and steady deportment, Governor Basse appears to have souglit to secure his position, by opposing party to party. Wanting the full support of the proprietary interest in the province, he gave his countenance to those who had always been opposed to the proprietary government, and thus, his iu- fluence operated indirectly to weaken and subvert the authority under which he was acting. At the same time he was reduced himself, to a situation of the most wretched dependence. Some of the laws enacted by the Assembly were directly opposed in spirit, if not in terms, to the proprietor's regulations and instruc- tions, yet the Governor gave them a ready approval.^ Whilst by such a course of conduct he had forfeited the confidence of all, and was left without substantial support in the province, he was ol^liged to encounter opposition from without, Kecent enactments had been made l)y tlie Assembly for the encourage- ment of trade, and the establisliment of a port and custom house at Perth Amboy. This led to a renewal of complaint from the aulliorities of New York, and of representations to the King, of the great advantage that would be gained by annexing New Jersey to New York. 'J'be unceasing urgency of the authorities of the latter, upon this subject, aflbrds an instance of most aggrav:it( d of Biissc tliry had received instructions from llic Lords Justices, nnd I Commissioners of the Treasury, for the Governor's conduct, which they m had l)ccn produced and j)ublished as evidence that tlic Governor had bet i pointed with the knowledije and full consent nf liis Majesty, and that onl\ im exjiress approlialion in writins; was wanting. Grants and Coucissiuii.t, y. 502. \Mntihcad, p. MO. RESI'MPTION OF nOVF.RXMrXT I\ FAST JFKSKY. 259 illihorality toward a neighboring proviuco,* That a regard to their own advantage was the true motive I)y which they were actuated, though masked beneath a professed anxiety for his JMajesty's interest, was no doubt perceived; yet the King was not likely to inquire with mui-h care concerning the reasons of any suggestion, if satisfied that it tended to the benefit of the Crown. Hence a disposition was manifested to impose new restrictions upon trade in New Jersey, notwithstanding the evident injustice and the declared illegality of the course. Beside the former deci- sion of Sir William Jones in a similar case, an opinion was now given upon this point by two eminent authorities, Sir John Hawles and Sir Cresswell Levins." They pronounced against the impo- sitions of any customs in the province, except such as were im- posed by act of Parliament, or their own Assembly. But it was not a decision, it Avas not knowledge, that Avas wanting; the case was one of sufficient clearness; no one could then have supposed that the imposition of customs by Royal authority was consistent with the laws of England, and still less with the privileges that had been granted to the people of the province. But it suited the "- The Governor of New York romplaincd that "they are now makinfj war upon lis in point of trade, they will draw all the shipping tliither and establish a free port, to the great prejudice of this place, and sink the trade of it, they pay no dnty to the King, and all will flock there. New York Colonial Papers. 'These arc mentioned as "Crown Ijawj'ers" by Chalmers and Grahamc, by whom it is also stated that the question was submitted to these authorities by the government, and that the claims in question were afterwards abandoned. Whether they were Crown Lawyers or not, is uncertain, and not important, neither is it of great consequence liy whom the application to them was made ; their decision was probably given without any regard to the parties concerned, and was certainly just, as regarded the principal point. But if these persons were the legal oflicers of the Crown, and gave an opinion as such, it would seem the more extraordinary' that no regard should have been paid to the deci- sion; it is certain that the exactions was afterwards continued. It is stated indeed, by the authors just mentioned, that the demands were made under the authorities of the Assembly of New York, but nothing appears to confirm this opinion, it is more probable that they were made under express authority from the King. It is in any case clear, that instructions from the Crown were sub- sj lucntly given, calculated and designed to obstruct the trade of New Jersey. Whitehead, p. 1 1 3. 200 ItKSI'MI'TION OK (JOVKRNMrNT IN EAST JERSEY. purposes of the; autliorities of New York to uree that restrictions should he laid upon New Jersey, and it suited the views of the King to accede to the proposal. In 1697, instructions were given to Lord Bellamont, the Governor of New York, to prevent the trade hctween the Indians and the inhabitants of East Jersey. Very soon afterwards he received another despatch or direction from the Crown, dcnyii)<: the rights of both East and West New Jersey to the privilege of ports, and enjoining upon Bellamont "to take care that the rights and privileges of New York be not in- fringed," and a proclamation was issued in accordance thereto. Ciovernor Basse e\hibit«!d in relation to these pretensions and claims a more correct appreciation of his duties than he had for- merly shown. He published a counter proclamation, and insisted upon the rights of the province to freedom of trade, and a vessel that lay at Perth Amboy was loaded by his orders, and directions were given for her speedy departure.'" But the Governor of New York now acted again the same part that had been performed by his predecessor Andross, ten years bt'fore. The vessel when on the point of departure, was seized by an armed force and con- veyed to New York. This outrage claimed the attention of the Assembly of East Jersey, and a law was enacted for raising the sum of six hundred and seventy-five pounds, by a general tax, to be used "not only to remonstrate the injuries already done us, but also to avoid the like incursions in future." Agents were appointed to prosecute the allair, and a part of the amount was to be employed "to gratify the best and ablest counsel in the law, the better to slate and represent our case." It is doubtful whether this amount was collected;" but whether or not, the "case" was afterwards determined; it was brought in 1701, before the Court of King's Bench, and a decision was given by which the rights '"It is intiiiKiteil liy W'liiulirail, (liat a pari of ihf spirit inanifostcil \>\ the Governor on tliis orcasioii, proceciioil from personal interest, he hoiiig diiectly concerned in the vessel or cargo. " The enforcement of the law was objected to, in as nmcli as the money was to be entrusted to the ailheniits or personal lriiiid.-« of the CJovernor, in whom the i)POj»le had no contidence; Ihey doubted whether the money would be a|>- plicd "lt>i the rouiitry's i;oi)d." Anrai/,- Jxrcfin/f, in Whilihtad, ]>. II' RFsi'MrrioN or covf.rnmknt ix f.ast jf-ksty. JCil and claims of East Jersoy were fully sustained. But the decision came too late to be attended by any important advantage. Thoujrh the conduct of Governor Basse in the nianao-eracnt of these allairs may have been more in accordance with the views of the people than were his previous acts and course, they still were no nearer to an acquiescence in his rule. On the contrary, the opposition against him soon ripened into actual revolt. The Governor directed that the most daring of the offenders should be committed to prison, but they were quickly liberated by their associates, by force. The public olHcers of the province were insulttd and abused, and absolute anarchy seemed to be almost at hand. In alarm for his safety, or in the hope of obtaining the means of redress, the Governor resolved to leave the province, and in May, 1G99, he departed for England, leaving in his place a Deputy Governor. In his final act, the selection of a successor. Governor Basse would seem to have been willing to perpetuate in the minds of the colonists, the remembrance of his character and acts. Andrew Bowne, the Deputy, had always been known as one of the prominent opponents of the proprietary government. But the authority obtained by the latter was too slight to be seriously opposed, or much respected, and a state of indifference succeeded the former excitement. After the arrival of Governor Basse in England, the proprietors resolved upon the re-appointment of Governor Ilaniilton. A decision had been given by the officers of the Crown, tliat the act excluding foreigners from office, did not apply to the natives of Scotland. But a new objection to his confirmation in oflicc had now arisen. A trial was about to be instituted in the courts of law to test the claim of the proprietaries to the government of the province, and until this should be decided, no formal assent could be obtained, though the appointment of Hamilton in the interim, was not objected to. At his arrival in the province, no open opposition was made to his resumption of authority. But the time for harmonious action had passed. The tendency to disorder had become so strong, that if no real objection could be found against the established authorities, a pretext would be made. The fact that the appointment of Hamilton had not been confirmed, besran to be urged against him, and transactions ensued of a 26'-i RF.SUMPTTON or fiOVERNMENT IN EAST JERSEY. character so tnmultuous and violent, as to fix upon the period, the designation of "the time of the revohition."'- Soon afterwards a long memorial was prepared and addressed to the King, com- plaining of the wrong Avhich it was said the people had endured. It set forth that the proprietors had formerly allowed the province to remain without any government for three years, and that at a time when it was exposed to danger from war.'^ It also set forth as matter of complaint, that after removing Governor Hamil- ton from ofHce in obedience to an act of Parliament, the proprietors had now returned him again as Governor, though the disability under which he labored had not been removed, and that other officers were also in the same situation ; and the petitioners asked that his Majesty would order that a fit person, qualified according to law, might be commissioned as Governor. These petitioners failed to represent, that the suspension of government of which they complained, so far as it really occurred, was owing in great part, to acts of the people themselves ; and also, that they had for- merly been extremely desirous that Governor Hamilton might be continued iu oiFice, notwithstanding the disability which they now alleged to exist. But in truth, the real object of these petitioners, or many of them, Avas to escape from the restraints and obliga- tions they were under from tlie existence of the proprietary government. Numbers hoped to be freed from all further ques- tioning as to their titles, and from all demands for the payment of rents. The very same opposition to government which arose at the beginning of the colony, now, after being checked for a time by authority, or appeased for a while by concession, was ready again to break forth," Some of the colonists indeed, were well '- It is no more than just to the people to state, that open opposition to Ilainil- ton began to be manit'estnl after the dissolution of the .'.ssenibly by him, on the ground of an informality in their proceedings. Yet opposition was previously designed, as was manifested by the Assembly at their first coming together. ' ' This allegation, as has already been shown, was almost whollv unfounded. " The situation of the Governor and the views and olyects of the people are fully set forth in a letter from Hamilton to the jiroprietors, dated June 1st, 17(10. He stated himself to be ''at a groat loss for want of advice from you how far you have concerted the allliirs of the surrender, the jieople here i)roposing to themselves that llicy will be upon a level with yon when the government is out RESUMPTION OF GOVERNMENT IN EAST JERSEY. 263 affected, and did not approve of the measures pursued, l)ut their numbers or inlluence were not suflicient to M'ork a change in the g-eneral feeling, or to arrest the course of public affairs. Faction had become too strong to be longer controlled. The Governor, of your hands, may purchase lands from the Indians as well as you, and throw up their patents and hold by their Indian purchase. While the people propose to themselves such advantages by the governments being in the hands of the King, you cannot expect they'll raise money to defend it, nor any thing wherein they suppose you will share the advantage with thcni. Finding no hopes of raising money, I forbore calling our Assembly till their own was to sit of course, wliich by an act passed in Mr. Basse's time, is to meet yearly by proclamation on the fourth Tuesday in May. I accordingly calle<] them at that time, and upon their meeting the whole House came to me and the Council. As I was beginning to speak, Capt. Bowne told me he was ordered by the Representatives to ask by what authority I called them together. I told him he could very well have answered that question himsslf, having heard my commission read upon my arrival. Mr. Roysc asked me if I had the approbation as the act directs. I told him I was much surprised fo hear him ask that question, he himself having said in Mr. Basse's time that this point was for the King to inquire into, and not the people, and also that he had heard upon my first coming what steps had been taken to obtain an approbation, and the reason that obstructed it. But since he was not so just as to inform the Representatives what he knew, I would, and I accordingly related the whole. That in order fo break their ports, the Crown had of late questioned the jiroprietors right to government, looking on it as unaccountal)le to be a government, and not allowed a port as all other dis- tinct colonics in America are. That accordingly, the Lords of Trade, to whom the proprietor's petition was referred, had advised the King to consent to a trial in Westminster Hall for their claim to both, which report was confirmed by the King, and referred to the Attorney General to direct the manner of trial. That after the report, I had applied to the Council of Trade and told their Lordships that since they were pleased to scruple the proprietor's title to govei'nnient, I should be unwilling to act under any commission their Lordships should ac- count unwarrantable, and thereby draw myself or the proprietors under any in- convenience. But the Lords were pleased to tell me that they questioned the proprietor's right to government, yet they did not intend that, as an inhibition to the proprietors, or a forbidding them to act further until the trial betwixt them and the King were issued, or that the terms of the surrender should be concerted, they being sensible that people could not be without government, and therefore if I acted according to the laws of England, the proprietors would be sufl'iciently justifiable in commissioning me, and I safe to act, but that granting an approbation was a recognizing the proprietor's title and by consequence giving away what they accounted the King's right. Notwithstanding this e.\- 204 RKSUMPTION OF GOVERNMENT IN WEST JERSEY. with all liis prudence and firmness, had hecome nearly powerless. The proprietary body too, had become numerous, and were so divided in interests and aims, that their Councils, even at this period of danger, were uncertain and wavering, and their resolves but feebly pursued. Without an entire change, hut one course seemed open before them, and that course which had already been contemplated, was now pursued. The government was surrendered. During this time the course of affairs in West New Jersey had been tending to a similar issue. The conditional surrender of government in the western province, and the assumption of au- thority by Sir Edmund Andross, had caused but little alteration in the general state of affairs. The officers formerly appointed, were continued by Andross, and the government (so fiir as the provincial government continued in force,) was administered by them for the time. As before noticed, the Legislative Assembly was suspended. Coxe, in his capacity as proprietor, continued to be actively concerned in the management of business. Subsequent to the surrender, extensive purchases of land were made by him from the natives, and these agreements were assented to by the Council of Proprietors, and provision was made for refunding the purchaser. '5 An agreement was also concluded on the 5th of September, 1 688, between Coxe and Governor Barclay, re- specting the limits of East and West New Jersey; Coxe insisted that the boundary formerly agreed upon \vas unjust to the western proprietors, and a new division was projected, which received the assent of the Council of Proprietors in West Jersey, in December, 1688. The contract however was not carried out to effect. '« planation, Mr. Royse insisted that they were not safe to act without an appro- bation, which put me upon the necessity of plain dealing; with them. I told them I was not a stranger to the point they were driving: at, and that the getting the government out of the proprietor's hands, they accounted the means to ob- tain it, and it was thai, and not the want of an aj)probation, was the reason of their [jretondcd scruples. " W'liUvhead, p. 223. " 'J'hrcc several i)urchaHes were made, dated respectively the 30th of .March, the ;JOth of April, and the IGth of .May, 1688. They were lands in the southern part of the province, including part of the present counties of Cunil>erland and Cape May. "■ It is soniewliat duiililful in what precise cliaraclcr the contraitin;; parlies at ihis lilac considered llicm.-selvcs as ucling. The government in holli piovinces Ki: SUMPTION OK (iOVKUNMENT IN WEST JERSEY. 2G5 The renewal of the proprietary government in West Jersey was equally tardy, and attended with no less difficulty than in the eastern province. In the former indeed, the want of harmony between the authorities and the people, seemed even greater than in the latter. Coxe had arrogated all power, asserting that the entire government of the province was legally in him ; but the claim he had acquired, when held by Byllinge, had been expressly denied and rejected by the people through the Repre- sentative body, and there was now no dispositicui to aid in any attempt whicli would tend to its confirmation. The people too, in some portions of ilic jiroviuce. as has been seen, hnd taken the management of afiairs, in part, into their own hand^, and had be- come somewhat f^imiliarized to the idea and the practice of inde- pendence in government. The county authorities had exercised control in matters affecting their particular and relative interests.'' But the claimant of chief authority in the province, was little in- clined to allow any part of the advantage he had come to possess, to remain unused ; and only awaited an opportunity to renew his endeavours for the establishment of his claim to the government. The proposal he had made for the institution of a rule according with the principles of the "English Constitution," was not now had then hcen surrendered, and Andross had taken possession thereof. The former (jovernors, then, \\ oukl seem to have had no other authority than as the representatives and holders of property,- but in name they acted as Govenurrs, and a high authority, (Whitehead) represents Barclay as making the agreement in that character. And as the surrender had been only conditional, the former authority might yet survive. '"Nearly at this time Gloucester and Burliiiuton adjusted the boundary I>c- tween them, as appears in the following extract; — "At a court held at (iiou- cester on the first day of 4th month, 1689, the Grand Jury having information that the persons formerly appointed by the proprietors for fixing the line of divi- sion between the counties of Burlington and Gloucester, have agreed upon a course that shall determine the same ; do in pursuance thereof order that upon the seventeenth day of this instant, the said line shall be run, and that Thomas Sharp shall be Surveyor for the doing thereof. And also, that it's judged con- venient that the people in Burlington county may have advice thereof, that they may appear to see that afliilr comiilcled, if they [.lease. To all which the bencli assents and order the procedure thereof in manner above said." Wuodbury Rccoril.s, e^iven by Micklc, p. 41. 34 266 RESrMPTlON OK OOVrRXMKXT IN WEST JERSEY. renewed; the former basis of government was allowed to remain. In 1690, John Tatham \vas appointed as Deputy Governor.'* But the people of the province, as was the case in East Jersey in regard to the same individual, "scrupled to obey;" the Jacobite principles of the Deputy were considered so objectionable as to warrant a refusal to acknowledge his authority. The source also from which his authority Avas derived, may possibly have formed a part of the objection."* Directly afterwards Edward Hunloke was appointed, who continued in office until the province was passed into other hands. -<> Either disheartened by the ditficulties he had experienced or tempted by an offer that would cover the "disbursements" he had made, Coxe resolved in the following year upon a sale of the whole of his interest in the province. He accordingly made an agreement in the year KiOl with a body composed of forty-eight persons, designated by the name of the "West Jersey Society." To this company the whole of the claim of Dr. Coxe, both to government, and property was con- veyed, he receiving therefor, the sum of nine thousand pounds sterling. In consequence of this agreement, the West Jersey '* The period of the appointment of this officer is not entirely determined, but it is believed to have been as above stated. '» Gordon states that the Deputy was rejected by the Assembly, but at this time the Assembly was suspended; it did not meet until 1692. ^ Hunloke appears to have continued in office after the sale, either by sut- ference, or by appointment from the West Jersey Society. In March, 1692, lit presided in the courts of Gloucester, as Deputy Governor. His name al:e named the county of Salem, to extend from tlie River Berkely on the north, to the Riv- lished by King William soon allor his uccession, lor din-cling the aflairs of llio colonics. ■■" fi'ranUs and Concessions, p. .OKI. FINAL SURRENDER. 275 particular clemand of the proprietors; upon the conditions pro- posed, the grant could not have operated to the lessening of his Majesty's revenues. But the interest of New York, which might have hcen afleeted by the establishment of a port upon any con- ditions, in East Jersey, may possibly have still been urged as of superior importance. His Majesty had been willing to favor New York at the expense of the neighboring province, and had given instructions which tended to such a result. A trial too was then pending, conducted as between the authorities of New Jersey and New York, in which the privileges of the former in regard to ports were in issue. ^^ These privileges were afterwards confirmed, but with little benefit to the gaining party: the decision substan- tiated the claims of Now Jersey under its own government; but it did not delay, indeed it may only have hastened, the move- ment wliieh was directed by his Majesty's order, against the government itself. 'IMiis, the proprietors probably perceived, and hence their inclinations respecting a surrender of the government upon suitable terms were not changed by the decision. A new memorial from the proprietors of East and West New Jersey was soon afterward prepared, 'i'hey now set forth that though they were advised that th«ir rights to ports and their administra- tion of government in their respective provinces was fully asserted in the late trial in the Court of King's Bench, yet they were still prepared and were desirous to surrender the right of. government; in hope and confidence that as his Majesty's Royal wisdom had prompted him to resume the proprietary governments into his own hands, his justice and goodness would incline him to grant all reasonable privileges and rights. They proposed and prayed that his Majesty woidd confirm their lands and (i\iit-rents ; the sole power of purchasing lands from the Indians; liberty of tradiug with the Indians as was enjoyed in other provinces; that the Port of Perth Amboy, in East Jersey, and the ports of Burlington and Cohansie, in West Jersey, might be established forever, so that ho ships bound to those places, should be obliged to enter " The suit arose out of occurrences which took place when Basse was Gover- nor of East Jersey, and Lord Bellamont of New York, and the suit was nomi- nally between them. The particular cause was the seizure of the vessel by the Governor of Now York, which has heretofore been noticed. 270 FINAL SURRENDER. elsewhere, and that East and West New Jersey might be erected into one distinct government, and have one CJcneral Assembly. They proposed that the General Assembly should consist of thirty- six llepresentatives, to be chosen, two by the inhabitants, house- holders of the city or town of Perth Amboy, in East Jersey; two by the inhabitants, householders 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 shoidd be capable of being elected a Representative who should not have one thousand acres of land in his own right within the l)rovince for which he was chosen, and no freeholder be capable of electing who should not have one hundred acres of land. They asked that no appeals to the King should lie, in personal actions, in cases of less than two hundred pounds ; that all Protestants should be exempt from all personal laws relating to religion; and that the proprietors might be allowed to nominate the first Gover- nor. 3'' Following upon this memorial was a representation from the Lords of trade, to their Excellencies the Lords Justices. In this, a recital was given of the several grants upon which the titles and claims of the proprietors were founded, and also of the dilli- cvdties and differences that had occurred in the provinces. Their Lurdsliips doubled whether any suiRcient form of government had ever been settled, and that the "pretended right" to govern had been surrendered to his late Majesty King James, by the pro- prietors of East Jersey, 37 in the year 1688. But that since his present Majesty's accession, the proprietors of both East and West Jersey had continued to challenge the same right as before, and that several Governors had been appointed under their au- tlioritv. But that the people of East Jersey in a late petition to his Majesty, had complained of several grievances, and of the neglect and mismanagement of the proprietors ; and that it ap- peared from divers representations, that the provinces were in a state of conlu.sion and anarchy. That the proprietors themselves, or a nuinlxr of lluin, sensible of the necessity of his Majesty's authority, had presented memorials, in which, tliough the memo- •'■'I'lils incini)iial wasdatrtl Aui;ii>t I'-'tli, ITOl. firaiiLs ttiuf Cuiiaxaidit.s, ikG(H. "" The .surremlur iii Went Je.si'V w;is not iiiciitioiicd. FINAr. SrUKF.NPKR. '277 rialists "soomod" to assert a title to government, yet declared themselves willing to surrender the same to his Majesty upon such terms and conditions as would secure their civil interests and their property, and also that the proprietors of East Jersey residing in the province, had sent over an agent and attorney with authority to ofler an absolute and nnconditional surrender so far as they were capable of making it.^* That it was the desire of several of the proprietors, that the Governor in office. Colonel Hamilton, miffht be confirmed therein, until further measures could be taken, but that others opposed his confirmation. Their Lordships then stated, that they were not satisfied that the grants that had been made by the Duke of York to the proprietors, being without any direct and immediate authority from the Crown, were, or could be of any validity to convey a right of government, that being (as they were informed) inalienable and not to be assigned to any other, much less divided and subdivided; and that for this reason tliey had advised his Majesty that a trial should be had in West- minster Hall, in order to test the right in question. But as no determination had yet been made, and as the provinces had fallen into such disorder and confusion that the public peace, and the administration of justice were interrupted and violated, they were of opinion that it was very expedient for the preservation of those territories to the Crown, and for securing the private interests of the persons concerned, that his Majesty should constitute a Governor by his immediate commission, and that a regular con- stitution of government should be established. They also recom- mended that draughts of such commission and constitution might be prepared, that they might be shown to the proprietors, in order to their acquiescence, and to the surrender of their " pretended right of government" in such manner as might be elfectual in law.'' As a mere historical summary, this memorial from their Lordships may iiot be open to serious objection. But in other respects, the view it presented was far from correct. The alletra- tions in regard to the insufficiency of the grants from the Duke of York were wholly unfounded. The King of England had con- ^^'o inciitioii is elsewhere made of siucli i i»roj)OFiil. "'Grants and Com-essions, p. (>():3. 278 PINAL SVRREXDKR. veyed the country to the Duke and in a manner that was war- ranted by the customs of tlie te^lm ; he had conferred upon him proprietary rights and authority, in accordance with estabhshed usage, he made the property and the power he granted, transfer- able to "heirs, deputies, agents, commissioners and assigns." 'J'o allege that the right of government held under such a grant, was "inalipnal)le from the person to whom it is jriven," was little short of maintaining a direct contradiction. If there was any defect, it must have been in the right of the King to make such a conveyance; but, as has just been remarked, he was warranted in the act by established custom. Jt is probable, however, that the allegation above mentioned Avas no more than a mere pretence. The privileges held and claimed by the proprie- tors, were thought to l)e detrimental to his IVIajesty's interests, especially the privilege of ports; and to enable his Majesty to re- sume authority, either by forcing the proprietors to make some concessions, or otherwise, to deprive them of the government entirely, may be supposed to have been the real motive that prompted the proceeding. The memorial, too was somewhat dis- engcnuous in the statement, that no suflicient form of government had ever been settled in the provinces, and also in relation to the circumstances of the former surrender of government, and of those which caused the present proposal to surrender. In regard to the present proposal, the measure which the Lords Commissioners had recommended, to "test" the proprietary rights, was no doubt productive, in part, of the expected effect. It evidently put the go- vernment in jeopardy, for though the apparent ground of the pro- ceeding seemed wholly untenable, yet, in the disposition that then prevailed the issue of a trial was doubtful ; and a surrtMidcr upon determined conditions, was prc)bal)ly considered a more prudent course, than to incur the hazard of a decision by law. The con- fusion and disorder prevailing in East Jersey was also a principal motive to the; moasvire. If the government could be saved to the proprietors in a decision by law, it might still be taken by violence and force. Many of the people were resolved to resist any rule which should call in question their titles to land, and demand the payment of rents; and inimbers, who had hitherto been (|iiict, making an advantage of the confusion of the limes, were taking FINAL SI RUr.NPKR. 27U up lands upon tlie Indian right, and tluis arraying themselves in opposilion to government. Difficulties too, had occurred in the administration of government, which, under the circumstances of the time, the proprietors were unable to remove, and thus new causes or occasions of dissension had arisen. In West Jersey the circumstances were so far similar as to lead to a general concurrence of action. The claim to government in that province was equally involved in the pending trial. The actual internal condition of the province was far more favorable ; it was entirely free from a source of dissension which had proved most fiuilful in the other; tliei'e was no dispute concerning the titles to land, all the lands had been purchased from the natives by the proprietors, and were conveyed by them to the people, by regular grants. But serious difficulty had occurred from a diirercnt source. For some time the government had stood upon disputed ground; the people were not now in active opposition, there was even an appearance of satisfaction ; yet, as the nature of the relations be- tween the people and the claimants and possessors of power con- tinued unchanged, there was nothing to give an assurance of con- tinued tranquility. An additional reason operating in both of the provinces, was the state of the proprietary bodies themselves; they were divided in situation, some of the members remaining in England, and others in the provinces, and this, together with the increase in their numbers, and the consequent division of interests and of views, rendered it scarcely possible to maintain the neces- sary union and concert in action. The recommendations contained in the memorial of the Lords of trade were acceded to, and carried into practice. A plan of government contained in a commission and instructions for a Governor, were prepared, by order of their Excellencies the Lords Justices, and were offi3rcd to the consideration of the pro- prietors of the provinces, and received their unanimous approval ; permission was also given to them, agreeably to their request, to name a person to be appointed by the King, as Governor; but they were unable to agree in the recommendation of any individual. The plan of government was also submitted to the King with a humble request from the Lords of trade, that his Majesty would be pleased to confirm it, and to appoint some 280 FINAL SURRENDER. person as Governor who was Avholly unconcerned in the fac- tions that had divided and distracted the provinces. '»° The arrange- ments for the contemplated change were not fully completed M'hen the death of William, the English King, which occurred in March, 1701-2, suspended the proceedings. But soon afterwards, upon the accession of Queen Anne, the business was resumed and was quickly perfected. The act of surrender was designated as "The Surrender from the Proprietors of East and West New Jersey, of their pretended right of Government, to her Majesty." It was dated April 15lh, 1702. In this instrument the proprietors of the said provinces surrendered and yielded up "and by these presents do surrender and yield up to our Sovereign Lady Anne, by the Grace of God, Queen of England, Scotland and Ireland, defender of the faith, all the powers, authorities and privileges of, or concerning the provinces aforesaid." The act was signed by twenty-two persons for the eastern province, and by thirty-two for the western. Tm'o days afterwards the government was formally accepted by the Queen, at the Court of St. James', in the presence of the principal persons of the court, some of the pi-oprietors themselves presenting the instrument. Her Majesty then gave orders that the deed of surrender should be enrolled in her Majesty's High Court of Chancery. *' Smith's New Jersey, p. 261. CHAPTER XV NEW CONSTITl'TION Or GOVERNMENT. LORD CORN BURY .S ADMIN- ISTRATION. "The surrender of the Jersies," said William Pcnn, "is an iisrly preface." By this expression he probably meant to convey (he idea that the surrender was of evil augury, in regard to the interests and the permanence of proprietary governments. But it was not the proprietary or governing interest alone, that was concerned in the change; the condition of the people at large was materially affected thereby. It has been seen that the projected system of government received the approval of the proprietary bodies, and some of its principal provisions appear to have been adopted upon the suggestions they made. Whether the authority of these l)odies was such as to render them competent to dispose anew of the rights they had heretofore granted; whether in the act of surrender the privileges formerly enjoyed by the people, were placed at the foot of the throne, to be re-granted or withlield according to the royal discretion and will, are questions which might admit of protracted debate. But whether as a measure of right, or of mere authority, the new Constitution of government was at once established. It was promulgated on the lOlii of November, 1702, being contained in a commission and instructions given to Edward Hyde, Lord Cornbury, to whom its administra- tion was entrusted." Lord Cornbury was appointed as Governor both of New York and New Jersey. His commission in the lat- ter gave him the style of " Captain General and Governor-in-Chief in and over the province of Nova Czesarea, or New Jersey, in America." ' Lord Cornbury had been proposed as Governor before the death of King Wilhain, but received his appointment from Queen .Anno, to whom he was re- lated; he was the grandson of the Earl of Clarendon. 36 282 NEW CONSTITT7TION OF GOVERNMENT. By the new plan, East and West New Jersey were fully united and incorporated together as one province, and made sub- ject to one goveniment. 'i'iie KI» < ORMJITRy's ADMINISTRATION'. '^i'J.'i ferpcl with liis autliority or interests. Hence, upon their meeting in 17()(), various inquiries were directed to them concerning their proceedings, which not being answered in a manner to satisfy his Excellency, he summoned them to meet him at a time prescribed. At this meeting he demanded an explanation of their powers, and objects. In answer to his demand thev prepared a statement, set- ting fortli tlie constitution and establisliment of tlie body; that they were entrusted willi the management of all allairs relating to the landed interests of the proprietors; tliat they purcliased land from the natives, ordered surveys, granted warrants, and inspected the riglits of the several claimants. The Governor was not yet satis- fied, and prohibited the Council from a further exercise of their powers in granting lands. At the expiration of the time for which the revenue for the sup- port of government had been granted, it became necessary that an Assembly should be called ; an election was accordingly ordered, and the Representatives were directed to convene on the 7th of April, 1707. The occurrences which had now taken place w^ere sufTicicnt to give a clear manifestation of the state of affairs in the province. It was easy to perceive the nature of the " pi-otection" which was to be experienced under the new government, it was sufficiently apparent that the liberty which had formerly l)een enjoyed by the people, and which by some had been abused, was now to be greatlv restricted, liut the temper of the colonists did not dispose them to easy acquiescence, and among the members in the new Assembly were individuals who were true Representatives of the people, not only in a political capacity, but also in I'egard to their feelings and their character. They were perfectly acquainted with the interests of their constituents, and strong, both in ability and in resolution, to maintain them. Among these persons, Samuel Jenings, from the western division, and Lewis Morris from the eastern, were the most influential and conspicuous.'* Jenings was chosen Speaker of the House. Shortly after the reception of the Governor's address, the House resolved itself into '* .Tellings and Morris had been members of the Council, but lin.i been sus- pended by the Governor on account of their opposition to his measures. 294 LORD COUXnURY's ADMIMSTRATIOX. a general committee for the consideration of grievances. They continued their sittings from day to day, and finally agreed upon a petition to the Queen, and a remonstrance to the Governor. In the latter they expressed dissatisfaction on account of his Excel- lency's continued absence from the province, by which a full and timely acquaintance with many important afiairs was prevented. They also complained of several delinquencies in the administra- tion of justice; that notorious offenders had been suffered to go at large, and the sentences against them to remain unexecuted, and that the ends of justice and law had thus been frustrated. They set forth that fees had been demanded of persons before any bills had been found against them, and who were therefore to be reck- oned innocent of any offence, and represented that if fees could be exacted from such persons, no one could be secure against the designs of malicious and vindictive men. They also stated that the establishment of fees by any other power than the Governor, Council and Assembly, was considered a great grievance, repug- nant to the rights that all English subjects were entitled to, and contrary to the Queen's instructions, which instructions forbade that any man's life, member, freehold or property should be taken otherwise than by established and known laws, and they asked that the assent of the Governor might be given to an act for de- termining fees. '5 But they represented, that there were other grievances of an higher nature, and attended with worse conse- quences, and that it would not be just to the Governor, themselves, or the country, to conceal them. They stated that they expected when the government was surrendered to the Queen, that they should experience "the l)enign intluences of lur mild goxernment," and that they should 1)0 protected in the full enjoyment of their liberties and j)roprrti('s, but that it was their misfortune to find that the event iiad not answered to their expectations. 'J^bey alleged that the prohil)ilion of the Governor preventing the Coun- cil of Proprietors from issuing warrants for taking up lands, was an iMfringcmcMt of their rights. 'JMiat when llic jiroprictors sur- " The Governor ami Council were aufhoriznl liv the instructions to ropulutc fees, hut the Assembly insisted th;it tin- (JoveriKir could only roKuiate fees already established, so as to sec that no exaction was practised. LORD CORNBURV's ADMINISTRATION. '295 rendered the government, they did not part with the soil, or the right to manage tlieir interests therein, as they should think lit, and that if any persons were aggrieved by the proceedings, the laws would give them redress. But a still greater encroachment upon their liberties, they said, was the refusal of the Governor to swear, or attest three members of the late Assembly, upon the groundless suggestion of two members of the Council, by which means the members were prevented from taking their seats in the House. '^ This measure, they said, was a violation of the rights of the people, being a virtual denial of their freedom in the choice of Representatives, and was also a breach of the privileges of the Assembly, that body being the proper authority to determine in such cases. The remonstrants declared that they were "sen- sibly touched" with this procedure, well knowing the conse- quences that must arise from a Governor's refusing to swear such members of the Assembly as he might think fit. They also stated that it was well known that sums of money had been raised to procure the dissolution of the first Assembly for the purpose of j)recluding enactments to secure the quit-rents, which sums, it was said, there was great reason to believe, had been given to the Governor to induce, and which did induce him to dissolve the Assembly, and to procure the rejection of some of the members of the next. Great uneasiness was expressed on account of measures so injurious to the liberties and properties of the people. " liibcrty" said the remonstrants, "is too valuable a thing to be easily parted with, and when such mean inducements procure such endeavours to tear it from us, we must say, that they have neither heads, hearts, or souls, thai are not moved by the miseries of their country, and are not forward with their utmost power lawfidly to redress them." They reminded the Governor in conclusion, that no artifice was necessary to engage the affections of a people, that it was only necessary to leave them in the unmolested enjoyment of what belongs to them of a right ; and a wise man that despises not his own happiness, will earnestly labour to regain their love. This free and spirited remonstrance which was read to the Governor by the Speaker Jenings, was rendered still more im- '• The two members of Council were Thomas Revel and Daniel Leeds. 296 LORD cornbiry's administration. pressive liy the manner of delivery. The Governor manifested much irritation, and at different points interrupted the Speaker with much abruptness, but the calm Jenings only repeated the passntres with a greater decree of emphasis. The Representatives were directed to attend the Governor at a future day, to receive his reply. His answer which was made at the appointed time, was wanting in dignity, as well as in force; it abounded in unjrracious reflections upon the Assembly, and still more severe and entirely gratuitous reflections upon the Quakers. But, a full and circumstantial notice was taken of the several par- ticulars presented in the remonstrance. The Governor stated in answer to the complaint concerning his absence, that he had always been in the province twice in every year, and that the Lieutenant Governor resided constantly there. '^ That the power of pardoning and reprieving criminals after condemnation, had been entrusted to him by her Majesty, and tliat he was account- able to none but her, for its exercise, and that in the setUement of the fees of officers, he was also authorized by the instructions that had been given him. In relation to the proliibiiion upon the action of the proprietors, he said, that according to the directions of her Majesty, he was to admit all such agents as the general proprietors sliould appoint, such agents qualifying themselves by taking the oaths prescribed by law, but not otherwise; and that no persons under the name of Council of Proprietors had ever ten- dered themselves to take the oaths, and consequently they were not qualified to act as agents, and besides, that those indi\ iduals who call themselves a Council of Proprietors, were pretending to act by a power derived from persons who have no authority to grant; and therefore he was obliged to interfere in order to hinder an illegal course of action. In reference to the rejection of the members of the Assembly, the Governor stated, that according to the constitution of government, a certain properly qualification was recpiired of every menil)er, and that he was informed by some of his Council that the persons in question were not thus qualified, and that he did no more than his duty in rejeclinir them; but hej further slated that he had afterwards recommended to the Assem- ' n<)loiifl Iniolilsln- was T-iniirnant fJoverrxir under rornlnirv. LORD CORXDURy's ADMINISTRATION, "297 bly to inquire into the case, and that they had, after some dehiy, reported in favor of tlie members, but hud not furnished him at the time, with the evidence upon wliich their conclusion had been founded, but this being afterwards done, at his order, he Jiad ad- mitted the members to their seats. The principal question as to the right of the Governor to determine and act in the case, was passed over without notice. To the graver charge of corruption, the Governor gave at the outset, a direct denial; whether any con- siderable sums of money had been raised, or not, which he did pretend to determine, he declared, that no such sums had come into his hands, or liad ever been oliered liini; ihat he Inul dis- solved the lirst Assembly because it was evident tiiat they never intended to do any thing for the support of the Queen's govern- ment, or for the good .of the country, and that as to getting rid of the quit-rents, the very mention of such an attempt on his part, was such an absurdity " that no one but Jenings or Morris would have been guilty of," it being a thing well known that at the be- ginning of each session he had recommended that laws should be passed for settling the rights of the proprietors.'* In return, the Governor accused the Assembly of several unlawful and oppres- sive acts, and reproached them with neglecting the proper busi- ness of the province in order to engage " in hawking after im- aginary grievances." The Assembly did not immediately enter upon a notice of the Governor's reply; their attention was directed to an examination concerning the manner in which tiie revenues of the province had been kept and expended, and great deficiencies, if not actual abuses, were detected. The searching and critical spirit that was exhibited, gave no promise of future forbearance and quiet, and the Governor re- solved upon a dismissal of the House, which was accordingly adjourned to the ensuing September.'" 13ut directly upon the meeting of the House, the consideration of the matters formerly '" It is certainly true that the Governor had made such recommendations, but it is yet p >sitively asserted, that there was a kind of collusion between him and the opponents of the proprietary claims, and that his influence was used in opposition to his own recommondations and professions. '• 13y the intervention of the Governor the meeting was further deferred to October. 38 298 LOKU CORNUI'KY's ADMIMSTRATION. before them was resumed, and a reply to the Governor's address was resolved upon. The Assembly also determined that no money should be granted until redress was given for the grievances of which they complained, in which case they were willing to grant a suflicient amount. The reply of the Assembly was marked by much ability and by some severity. They declared that they should not answer the trust that had been reposed in them without an endeavour to remove the hardships under whiirh they laboured. 'I'hat they had no occasion to searcli for "imaginary grievances," as real ones abounded. These grievances they again set forth ami in a manner more ample and full than before, and they reminded his Excellency, that it was the General Assembly of the province that complained, and noi the Quakers, with whom (as such) they had nothing to do, but who would probal)ly be able to vindicate themselves from the aspersions that were thrown upon their persons and profession. They repealed, that ilieir expectations of full protection to their liberties under the government of the Queen, had not been answered, and that the reasons offered by the Governor to justify his conduct and course were insufficient, or unfounded. 'J'hat they could not but consider his absence from the province for the greater part of the year, as a disadvantage, especially as the seal of the province was kept by him, and as the liieutenant Governor, either under orders, or from his own disinclination to serve, entirely refused ollicial employments. 'J'hat the Gover- nor had no authority to pardon wilful murderers (as the persons before referred to were) though he niighl reprieve them, but a reprieve could not be construed as warranting a liberation, or such a degree of liberty as would favor an escape. That llir Governor's course in reference to the Council of Proprietors was a misuse of his powers. That his instructions indeed required, that the persons or agents employed by the proprietors for sur- vcving and recording grants of lands and collecting quit-rents, should take the oaths prescribed, but that the Council of l*roprie- tors were not such agents as the instructions related to; the Council stood in the character of attornies or representatives of private men, for the managenuMit ol lluir properties, and were in no wise elfected by the regulatit)ns in ([uestion ; if these regula- LORD COnXnURY's APMINISTRATION. 299 liuns fipplif'd to the Council, no person could appoint an attorney hut witli the Governor's consent and approhation. 'I'he only persons affected by the terms of the instructions in relation to takinjr the oaths, were those who had been specially appointed for surveyinor, and recording the surveys of land, and receiving the ([uit-rents; hut these persons had never been required to take the oaths, and the Surveyor for the western division, who had several times tendered himself for the purpose, had been refused. The aim of the Queen's inslr\ictions, they said, had either been entirely mistaken, or wilfully perverted. In relation to the case of the rejected members of the Assembly, the House agfain asserted, that there was not the slightest color of authority for the course of the Ciovornor in pretending to judge of the qualifications of members, so as to admit or reject them at his discretion; and that such authority would be wholly inconsistent with the nature and being of free assemblies, and would place the liberties, lives, and properties of the people entirely at the Gover- nor's disposal, which it was believed could never have been her Majesty's design or desire. The former charge as to the recep- tion of monies by the Governor, was again advanced, and was repeated in a manner more positive and precise, and the particu- lars recited were said to be "such notorious truths that it is vanity to deny them." The Governor evaded the reception of the reply of the Assembly, and it was therefore entered upon their journal, and two days afterwards the House was adjourned by the Governor's order. 'J'he discussion between these parties involved an important issue, 'i'he liberties of a province were concerned. If the Go- vernor could admit or reject the members of the Assembly, ac- cording to his own discretion or will; or if his mere opinion that an Assembly did not intend to "do any thing for the good of the country" was to be considered a sufficient reason for dissolving them, the institution of a representative body would be little more than a mockery. The supporters of the Governor endeavoured to defend and sus- tain him in the course he had taken. For this purpose a repre- sentation to the Queen was prepared in the name of tlu; liieutenant Governor and some of the Council, and was privately transmitted 300 LORD CORNBURY*S ADMINISTRATION. to her Majesty. 'I'hey set fortli that they had seriously consid- ered the proceediiifj-s of the hite Assembly of the province, and felt lioiiiid to express their dislike and abhorrence of the same; that they Avere hi^h encroachments upon her Majesty's preroga- tive, notorious violations of the rights and liberties of the subject, a manifest interruption of justice, and also were most "unmannerly" toward his Excellenc)', the Governor. These proceedings, they said, were owing to the factious principles and conduct of Jenings and Morris, who, they said, "were known to be uneasy under all governments, inconsistent with themselves, and to whom all the confusion and factions in the government of New Jersey and Pennsylvania for many years, were wholly owing;" they were desirous, it was said, as there was every reason to believe, to en- courage not only the government of New Jersey, but every other government in America, to throw off her Majesty's prerogative royal. As a remedy for these evils, they requested that her Majesty would be pleased to discountenance "those wicked de- signing men," and show some dislike to the Assembly's proceed- ings, who it was declared were resolved, neither to support her Majesty's government, or take care to defend it by settling a mililia, and that a strenuous assertion of her Majesty's prerogative and vindication of the Governor's honor, were absolutely required. In this address the particulars which had been urged against the course of the Governor were only noticed by a general declaration, that the statements of the Assembly were either partial, or false. On the 5th of May, 1708, the General Assembly again con- vened. The former Speaker, Jenings, being detained by illness, Thomas Gordon was chosen in his place. In the address of the Governor, his Excellency repeated most of the demands he had formerly made. He required that a bill should be enacted for raising a revenue, and stated that the Queen expected the sum of fifteen hundred pounds to continue for the term of twenty-one years. He recommeiuled that the militia bUl should be revived or renewed, as the present one would shortly expire, and also that laws should be ])assed for confirming the rights and properly of the general proprietors, as well as to settle the titles and estates of particular persons. In llu'ir i('[)ly, the Assembly declared that they had always LORD CORXBVRY's ADMINISTRATION, 'AOi been ready and desirous to support the government to the utmost of their ability, and that they regretted the misunderstanding that had occurred between the Governor and themsejves. But they stated, that they had formerly mentioned to his Excellency a num- ber of grievances which the country laboured under, and which has not yet been removed, and they mentioned as an additional ground of complaint, that a late application for a writ for the elec- tion of a new member, had been refused. They intimated that a redress of these grievances would remove an obstruction to the full co-operation of the House in measures for the support of the government, but that they doubted not if her Majesty were rightly informed of the situation of the country, that she would never ex- pect the settlement of a revenue further than from year to year. They stated that the present militia bill was considered so oppres- sive to the people that they could not consent to revive it, though they were willing to make provision for defence of the province in a way more easy to the people. They were willing, they said, to answer her Majesty's commands in confirming the rights of the proprietors, and also the titles and estateis of particular persons. "^o 'IMie Governor finding the disposition of the Assembly to be unchanged, and that nothing could be gained but by concessions, which he was litde inclined to make, immediately prorouged the House until the following September, and before the time for their meeting arrived, gave orders that the House should be dissolved. But the administration of Governor Cornbury was drawing to its close. He had exhibited none of those qualities which were be- fitting his high descent, or his elevated place. His desire for revenue was the motive most strongly manifested in his adminis- tration of government in New Jersey. Ample and permanent support of the government, was the object principally sought, and this may be considered as a kind of clue to his entire career. To accomplish his purposes in this respect, he was led to the pur- suance of measures not warranted by his instructions, and which were subversive of the rights of the people. To procure an Assem- bly more favorable to liis wishes, he interfered with elections, and ventured upon the bold expedient of rejecting the members re- " Smith's New Jersey, Gordon's New Jersey. 302 LORD counbury's administration. turned. Tlie reception of fees for patenting lands was probably one of his objects in interfering with the action of the Proprietary Council. Whether the charges of actual corruption in office are admitted or not, his avidity for gain is sufficiently obvious. His fondness for sliow and expensive pleasure, subjected him to wants whicli the colonists had neither the al)ility, or the inclination to supply. He was also but illy informed in the duties of his place. He had entered upon office with but low desires; it was not to perform an exalted duty, but to secure the means of indulgence. He was therefore careless in inquiry, and deficient in knowledge, and .may sometimes have committed a wrong as well from his ignorance of what lay in his path, as from the unworthincss of his aim. In the direction of government in New York, llie con- duct of Cornbury was no more acceptable or advantageous than in New Jersey; indeed, in the former province his character and conduct appeared in a still worse light than in the latter; in addi- tion to ignorance and rapacity, he there exhibited arrogance and bigotry. Reiterated complaints were finally addressed to the Queen, both from New Jersey and New York, and her Majesty, convinced at length of the Governor's unfitness for so important a trust, recalled his commission and divested him entirely of power. CIlAr'J'Eli \VI. ADMIMSIUArlO.N Oy OOVERNMENT RY LOVKI.ACE, IXGOLDSBV, HUNTEU, BURNKT, MONTOOMKKIE AND COSBY. 'I'liK successor of Conibury in the government of New York aiul New Jersey w:is Jolni Lord Lovelace, Baron of Hurley. In^oldshy, the Lieutenant Governor, continued in oflice. If the connexions of the new Governor were not so elevated as those of his predecessor, his qualifications for the place to which he was appointed were far greater. His first communication with the Assembly (which met on the 3d of March, 1708,) was expressed in terms which manifested a suitable regard to the feelings, and to the rights of the colonists. He declared that he would give them no just cause of uneasiness, and expressed a hope that mutual forbearance might be exercised, and that in the endeavour to pro- mote the interests of the province, all former dilferences and ani- mosities would be forgotten. In regard to those matters which had been the occasion of former dissension, the address of the Governor was conciliatory and prudent. He stated that her Majesty would not be burdensome to her people, but tliat it was necessary that government should be supported, and he recom- mended the subject to their notice and care; that they best knew what the province could bear without inconvenience and injury, and also in what manner it could most properly be raised. He also recommended that a militia law should be prepared on such grounds as should seem likely to give satisfaction. The reply of the House exhibited a spirit of moderation, and a willingness to concur in the views and measures which his Excellency had offered to their notice. They expressed satisfaction on account of his appointment, declared that they had acted from no "ani- mosities," but only from a desire to maintain their rights, and they did not (loul)t but that a hearty agreement woidd now I)e maintained. They were willing, they said, to give support to the 304 Lovelace's administration. government to the utmost of their ability, and the more so, as they should now be exempt from arbitrary exactions. This aniicaljlc interchange of sentiment was introductory to a course of harmo- nious action. In accordance with the Governor's recommenda- tion, an act was passed for the support of her Majesty's govern- ment, granting the sum of seventeen hundred pounds for one year. A law was also passed for settling the militia. Important enact- ments were also made relating to the election of the General Assembly, and to the privileges and rights of the members. By implication, the Assembly had power under the royal instructions to make alterations in respect to the number of its members, or the mode of their election, subject to her Majesty's approval.' This power was now exercised by making a change in relation to the qualifications of some of llie electors. Under existing regula- tions, the members for the towns of Penh Amboy, Burlington and Salem, had been elected by the inluibilunts frceliohlcrn of these places respectively, but it was now enacted that the electors in the towns, as in the counties, should he freeholders. It was alt^o distinctly declared that the right of determining as to the qualifi- cations of members, was "in the House of Representatives when met in General Assembly."^ The hopes of settlement and continued prosperity which the coming and conduct of Governor Lovelace had excited, were sud- denly terminated by his death. The disappointment and regret occasioned by this event, were also further increased on account of the accession of the Lieutenant Governor, who assumed the control of affairs. Ingoldsby had rendered himself unpopular in the province, and an application had been made to Governor Lovelace for a hearing in relation to the charges which had been made by Ingoldsby, and some of the Council, in their address to the Queen. A time had been appointed lor the purj)ose, but the efforts of the Assembly had been defeated from time to time, and ' It was jjroscril'rd in the instructions that no such changes should be made except "by an act or acts of llie (iencral AssciuMy there, and confirmed by us, our heirs or successors." ' It has been seen that a former .Assembly had made enactments ujwn the same siil>jcct; but dilVcrcnt from the present law, in many particulars. 1\G0LDSBY*S ADMINISTRATION. 'i05 at length, the deatli of the Governor, and the accession of Ingolds- by to the principal place in the province, rendered it necessary to suspend the design. At this period the distant relations of the country were such as to involve (he interests, and to demand the attention of the provincial government. The French nation had acquired possession of extensive portions of country in America, and their claim had been acknowledged by England, in the treaty of 1632. A powerful and active opponent of England and of Englisli interests, had thus become established on the borders of. the American colonics. In 1702, war had been declared by Engfland ajrainst the French, and the latter nation takinjr advantage of the occasion had made incursions from their possessions in America, upon the neiijhboring English provinces. These at- tempts were carried on with so much perseverance and vigor that the French forces had succeed'^d in penetrating into the country as far as to the Merrimack River, and had demolished Haverhill, a considerable town. The inhabitants of New England applied to the mother country for aid and support, and the Ministry pro- jected a plan for the invasion of Canada, and other places belong- ing to the French. A squadrcm of ships was to be prepared for an attack upon Quebec, whilst a separate force, composed of troops to be furnished by the colonies, and commanded l)v Colo- nels Nicholson and Vetch, were to make an attempt by the lakes- Instructions were given to Colonel Velcii to demand the co-ope- ration of the several coloiues, and New Jersey was required to furnish two hundred men for the enterprise.^ The Assembly of the province convened in May, 1709, when the plans of the Min- istry and the particular requisitions that had been made, were laid before the House by Governor Ingoldsby. A ready assent was given by the Assembly. An act was passed for raising three thousand pounds by bills of credit, to be used for her Majesty's service "in this present juncture," and particular provisions were made for enforcing the currency of the bills, when emitted. The enterprise for the conquest of Canada was not finally pro- secuted, but a part of the forces that had been raised for the pur- pose, proceeded, under the command of Colonel Nicholson, to ^ Smith's New Jersey, p. 362. 30 306 ingoldsby's administration. Port Royal, in Nova Sc-olia, and that place was reduced, and full possession was taken by the English. Among- the incidents deserving of notice arising out of the un- dertaking just mentioned, was the issue of a currency of paper, which was then first resorted to in' the* province. It -was de- signed, as has been seen, to answer a pressing emergency, and perhaps this emergency could not otherwise have been met. "A paper credit currency^' it has been said, "is a gjeat promoter iii military expeditions."'* But the same expedient was afterwajds resorted to, and became a part of the policy of governmeitt. It was a policy capable of being made higiily instrumental either for good or for evil. It afforded the means of present relief, and gave facilities by which the resources and abilities of a community, as well as of individuals, might be more fully and advantageously developed. But it also served as a temptation to hasty and haz- ardous action, and to obtain an immediate good by a mortga^i upon future and uncertain advantages and means. In New Jerse\ endeavours were made to guard again'st the evils of the system, by a careful i-estriction of the amount, and timely regulations fur redemption. At the next meeting of the General Assembly, which took place in November of the same year, the attention of the House was again directed towards the domestic affairs of the province, and an enactment was made defining more fully the qualifications of the members of the House. It prescribed that each Representa- tive should be an actual resident within the province, and of sonu city, town or county of that division in which he was chosen, li was represented that much "inconvenience" might arise from the election of persons inhabiting neighboring provinces, inasmuch as such persons might be swayed by a regard to the interests of tlu places where they resided, rather than by a desire for the prus- perity of the parts they represented. It was also set forth that it was absolutely necessary that the Assembly, when met, should * Douglass* Summary. Douglass was a strenuous opponent of paper nKinev. He says that "The Sham Canada ExpeditioMs" in 1709 and 1711, led lliis province and all the otiier Hri isli provinces to llie nnitliward, into a pernicious paper currency called public bills of credit. Suniii.ari/, p. SS.'"'. hunter's administration. :1(I7 have full power over the members, which would be precludrd if they were inhabitants of other peovinces/' The Assembly al.«o passed an act to ascertain and determine the boundaries of the several counties in the province. Another enactment was made whicli would seem to have infringed, to some extent, upon the directions that had been given in her Majesty's instructions estab- lishing the government. In these instructions it was prescribed, that the meetings of the General Assembly should be held at Perth Amboy, and at Burlington, alternately, unless for particular reasons, the Governor should order them differently. But it was now enacted that all succeeding Assemblies should be held at Burlington, until otherwise determined by act of Assembly, • During these proceedings but little communication had taken place between the Lieutenant Governor and the Assembly, and there was an appearance, for a time, of acquiescence in his govern- ment. But it was no more than an appearance. The former acts of Inijoldsbv had rendered him odious in New Jersey; and he was but little more in favor in New York. At length the united rernonstrances of the provinces, induced the Queen to order his recal. In the interim, before the arrival of another Governor, the chief executive authority, in accordance with the constitution of the government, devolved upon the eldest member of the Coun- cil, in the province. This individual was William Pinhorne. But this officer was superseded on the 10th of June, 1710, by the arrival of Brigadier General Hunter, 'with the commission of Governor of New York and New Jersey.^ Governor Hunter was held in estimation for his social qualities, and was supposed to be fitted for civil employment. He had before been appointed Lieutenant Governor of Virginia, but had been captured by the French on his voyage to that colony. He met tlie Assembly of New Jersey on the 7th of December, 1710.'' His address to the House was characterized by directness and an appearance of openness and candor. He said, "that he 'This provision is somewhat illustrated hy the occurrences of the time. It happened on some occasions that the members elected were not in their places, and the officers of the House were despatched to enforce their attendance. ' Gordon's IV<>w Jersey, p, 86. '■ Votes and State Papers, vol. I, p. 2. nos hitnter's administration. was little accustomed to make speeches, and should not be tedious. That there had been much complaint of "unchristian divisions, an evil which all complain of, but which few took the right method to remedy. Let every man begin at home, leave disputes to the laws, injuries to the avenger of them, and as good subjects and christians, act together for the common good." He said that all must agree in the necessity of supporting government, and hoped there would be no difl'erence about the means, and that he should heartily concur in whatever was necessary for the peace and welfare of the province. He closed his address with the noble sentiment, that "all power except that of doing good, is but a burden." The House replied in a similar tone, although with a degree of reserve. They congratulated the Governor upon his accession to office, and were willing to hope that the time had arrived when the causes of "unchristian divisions" would no longer exist. They had experienced repeated instances of her Majesty's care, among which they regarded as a principal one, the former appointment of the good Lord Lovelace, by which an end was put to the worst administration the province had ever known, and they considered the appointment of his Excellency, the present Governor, as a new mark of royal favor. Let not ill-men, they said, be put or continued in power, let her Majesty's subjects enjoy their liberties and properties according to the laws, and then the grounds of disputes would be removed. They said that they had always considered it reasonable to support a govern- ment, but equally so to deny that support to oppression and , tyranny. What they were able to do should be sincerely and ' honestly done, and in as proper a manner as they were capable ' of, and they should be ready to join in any thing that might be conducive to the public benefit. The harmony that seemed to be promised by the relations between the Governor and the Assembly, was prevented or inter- rupted by the course of the ('uuncil. Several of the members of this body had served in former administrations, and had bti n concerned with Lieutenant Governor Ingoldsby, in making tlir representation to the Queen containing charges against a former Assembly. These persons had thus become placed in an attitude of hunter's APMIMSTRATIOV. 3(19 opposition to the Representative body, and no desire was shown at this time, to alter the relation. On the contrary, they mani- fested a determination to ol)struct the measures of the Assembly, even, as it would seem, to tiie manifcit injury of the interests of tlie province. Several bills which appeared to be rendered neces- sary by the state of affairs at the time, anil which were certainly in accordance with the rights, as Avell as the wishes of the people, were rejected by the Council.* Among these was an act for as- certaining the qualifications of jurors, and enabling the people called Quakers to serve on them. In the western part of the province the Quakers formed a large portion of the population and it was found difficult to obtain juries without them, and from their habits and character none were more capable of such service; but their refusal to take an oath caused them to be wholly ex- cluded. In the instructions of her INIajesty to the Governor, he was directed to cause an act to be passed in the General Assembly of the province, like to that which had been passed in England in the reign of William the Third, allowing the solemn alllrmation and declaration of the people called Quakers, to be accepted instead of an oath in the usual form. The act now prepared and passed by the House, embraced this provision so far as related to the qualification of jurors, and it was therefore not only a just and liberal measure in itself, but was also in perfect accordance with the royal instructions. But the act was rejected by the Council. One of a more general character, containing the same provisions in relation to taking oaths, but not limited in its application to the case of jurors, was also rejected in a similar manner. The militia law was also taken up for consideration by the House. The act that had been passed in the time of Cornbury, was rigid in its provisions, and but little suited to the views and opinions of the people, and many persons had been subjected to much oppres- sion thereby, and the modifications that had been made at different times, had not been such as to remove the objection. The House, * By the instructions of the Queen the members of the Council were to have and enjoy freedom of debate and vote in all affairs of public concern, and by this provision the Council were enabled to control, as they did now control, both the Governor and the Assembly. 310 hunter's administration. desirous that a subject of some difficulty, should be carefully con- sidered and acted upon, appointed a committee to prepare and report a bill.^ Tliis was done. Measures were also taken to correct the abuses that had been practised Under the existing law. Some of the officers who had been concerned in distraining goods, were brouifht to the bar of the House, and made to render an ac- count. The bill prepared by the committee was passed by the House, and sent to the Governor and Council; but it met the fate of the preceding ones, it was rejected by a majority of the Council. Those proceedings of the Council wore the appearance of mere factious opposition, ami Avere directly, calculated to excilelo new activity, the irritation that had previously existed. The House, already it may be, not loth to such an engagement, was provoked to enter again upon anotice of the foinior acts of the Council. The address of Governor Ingoldsby and his Council to the Queen was accordingly taken up and read in the House.'" By a vote the address was declared to be a false and scandalous ropresentaliun concerning the Legislative body of the province, and that no one wlio had signed the address was fit to be a member of the House, and one of the members who acknowledged that he had signed it, was forthwith expelled." A, resolution was also adopted to pre- pare an address to her Majesty, and also to Governor Hunter, justifying the proceedings of the Assembly. In the address to the Governor it was set 'forth, that it had been their misfortuoe to be governed by Lord Cornbury, who had treated her Majesty's sub- jects rather as slaves, whose persons and estates he might control, than as freemen, who w-ere to be governed b)- laws. The Gover- nor, they said, "had sacrificed his own reputation, the' laws, and ' The committee were Doctor Johnston, Isaac Sharp, Jacob Spicer, William PiiiKJford, John ]?(i(l, anil Kolicrt Wliecler. They were instruiteJ to prepare and lirinp in a hill for explaining an act of this province past in ihc third year of hrr Majesty Queen Anne, entitled "an act for sctthng the militia of this province, and for relicvincr persons atjgricvcd thereby." "This address had been signed by Richard Ingoldshj', AVilliam Pinh did not doubt but her JNIajesty would take such measures as would give general satisfaction. But the Gov ernor was either com inceil of the justice of the statements that had been made by the Houst . "These persons were named, they were William Finhorne, Roger Momji ■ son, Daniel Coxc, Richard Townlcy, Peter Soninans, Hugh Iluddy, ^^ iliiaiij Hall, and Jeremiah Basse. Smit/i'is New Jersey, p. 393. hi'xtkk's administration. Hl'.i or j)C'ifei\cd tlutt no liaiiuoiiy ol' action couUl be cxjiuc-leil wliilst tlie members of the Council, who liad been complained of, were retained, and such representations were therefore made by him, as led to the speedy removal of several of the number. The partial success that had attended the operations against the possessions of the French in America, had given encouragement for a new undertaking. Colonel Nicholson, M'ho had directed the former enterprise, proposed to the Ministry that another attempt should be made for the reduction of Canada, and the proposal was finally acceded to. A plan was formed for an union of forces from England and the colonies, together with a body, of Indian allies. In accordance with this plan, instructions were sent to the Governors of several of the colonies, requiring that measures should be taken for providing the necessary aid in men and sup- plies. For ihis purpose the Assembly of New Jersey was sum- moned, and met on the 16th of July, 1711. Governor Hunter informed the House that the fleet and forces from England, des- tined for the reduction of Canada had already arrived at Boston, and that a requisition was made upon New Jersey for three hun- dred and sixty men, with oflicers, and all to be properly furnished with pay and provisions. The Assembly responded to the de- mand. An act was passed for raising live thousand pounds, for, and towards the encouragement, pay, pro\'ision, transportation, and other charges of volunteers going on the expedition. This amount was to be furnished by a new emission of bills of credit. The Governor assented to the acts, and dismissed the Asseml)ly with thanks for their despatch. But the expedition for which extensi\ e preparations had been made, and from which mucli had been expected, totally failed in execution. It left a debt upon New Jci'sey, which, together with obligations before incurred for a similar purpose, was to be met by subsequent taxation. The circumstances of the province were not supposed to re- quire that another meeting of the Assembly should be called until December, 1713. The Governor then addressed the House in terms of confidence and khidness. lie referred to the goodness of her Majesty in removing from their places, those oflicers who had be- come obnoxious to the Assembly and the people. He said that he 'was persuaded that the eflbrts of these persons would not be able to to 314 HUNTEu'rt ADMINISTRATION. destroy the harmony antl confidence that now subsisted between the difTerent branches of the government." In this confidence, he recommended to the House the adoption of such measures as the situation of the province appeared to require. lie urged that provision should be made for past arrears, and the future support of tlie government, and also for afiirmiug and ascertaininii the respective properties of the proprietors, antl people. The Assembly, in reply, expressed their satisfaction in again meeting the Governor, and hoped, that as the persons who hud hitherto obstructed the welfare of the country, were now removed, the pleasure of such meetings would be oftener experienced.'' They acknowledged themselves to be under the greatest obliga- tions to the Queen, and trusted that their actions would manife.'-i a proper sense of the kindness she had shown. The session be- ing thus happily opened, the House proceeded to re-enact some of the laws M'hich had formerly been rejected by the Council, and to pass others which were supposed to be required. The sum ul two thousand five hundred pounds was granted for the support ul government for two years. An act was passed that the solemn afllrmation and declaration of the people called Quakers, should be accepted instead of an oalh in the usual form, and also for qualifying and enabling the said people to serve as jurors, and to execute any oflice or place of trust or profit within the province. The disabilities under which these persons had laboured on ac- count of their testimony against oaths, were thus entirely re- moved. The enactment met with the ready assent of the Governor and Council, and indeed they had concurred in promoting it. A separate enactment was made for determining the qualifications of jurors ; it regulated the mode of summoning thorn, and pre- scribed that all persons summoned to serve upon grand inquests, should be worth at least one hundred pounds in real estate, williin the county for which they should serve, and that all persons sum- moned to serve on petit juries, should be worth one hundred " Pinhorne, Coxc, Soiunans, and Hall, had been removed from the Council, and soon afterward .lolm Anderson, Klisha Parker, Tlionias Byerly, Jeing designetl to cerve a temporary purpusc, rather than as imiwrtant measures of public policv. thinticr's admtm.sthatton. ;U7 assented to by the Governor, and afterwards confirmed by the Queen. Notwithstanding this, the present Assembly had been summoned to meet at- Perth Amboy. Soon after their meeting, a resohition was passed by the House that his Excellency should 1>'^ waited upon with a request, that he would be pleased to lay lore the House, a copy of his Majesty's instructions relating to ihc sitting of the Assembly at Perth Amboy. The Governor at once complied with tlie request. It was then resolved that an address should be made to his Excellency upon the subject, with a request that the sitting of the Assembly might be prorouged to IJurliugton. In the address they said, that they were entirely in- clined to pay all obedience to his Majesty's and the Governor's commands, but yet they could not but think that it was their duty to observe and maintain the laws of the province; that the law re- specting the sittings of the Assembly had passed through all the necessary forms, and they could not but suppose that it continued iu force, and woidd so continue, until repealed. In reply, the Governor staled, that he had i*eceived instructions from the King, directing the Assembly to sit at Amboy, which he \\ ;is bound to obey. That the confirmation of the act by the late Queen Avas temporary, and continued but during her life, being part of the prerogative of the Crown M'hich she could not part with longer, but might be resumed by the successor. Also, that for reasons of great consequence, he could not meet cither Council or Assembly, at Burlington. In a subsequent communication he further stated, that the power of calling even parliaments to any particular place, being an undoubted part of the prerogative, the late Queen's approbation of the law C(juld only be taken as dis- pensing with the exercise of that part of her prerogative, but that such a concession would not be binding upon her successor ; and beside, that his Majesty's instructions in regard to the meetings of the House, had only restored the afHiir "to the just and equal foot" upon which it was placed at the time of the surrender." As the directions to the Governor had been precise, and as these were taken as his rule, the Assembly were obliged to submit, and to continue the session at the place appointed. But full satisfac- '" Votes, vol. 1 . 318 hunter's admixistratiox. tion was not felt. The Speaker of the House too, Colonel Daniel Coxe, as well as some other members, were unfriendly to the Governor. Coxe had been among the members of Council for- merly displaced, and the agency of the Governor in forwarding that measure, may not have been forgotten, or forgiven. These several circumstances were unfavorable to harmonious action. The business of the session Avas entered upon with little alacrity, and was but tardily conducted. Much time was occupied in committee of the whole House, in considering the Governor's ad- dress. At length the Governor resolved upon prorogueing the Assembly, probably with the hope that time would remove, or allay, the dissatisfaction that had arisen. But this hope, in regard to a portion of the House, at least, was not to be realized. At the time of meeting, (the 14th of May,) several of the members failed to appear, and among this number was the Speaker of the House. After a delay of five days, the members present, nine in number, presented an address to the Governor, requesting him to take such methods as might be deemed proper to cause the absent members to attend in their places. He ar- cordingly sent warrants to the several delinquents, conimandii their attendance,' as they would answer the contrary at their peril. Four immediately obeyed the warrants, and the number then present making a quorum, proceeded, upon the Governor's recommenda- tion, to organize the House. John Kinsey was chosen as Speaker. His Excellency immediately delivered an address, expressiiiLi much satisfaction at their selection of a Speaker, and remarked, that the conduct of the former one gave sufficient evidence of a combination between him and his associates to prevent the trans- action of the necessary business of the province, and he hoped that all Avould be made sensible of the sinister arts and practici - of these persons, so that no further evil might be done. He r* - commended that the support of the government should be provided for, and the bills of credit renewed, in order that the provinrc might be seasonably provided with a currency for ordinary uses. 'J'hc House, as now constituted, seemed quite ready to second. the Governor's views; one of their first measures was an inquir\ concerning the conduct of the late Speaker, and the absent mem- bers, which after some discussion resulted in the expulsion of tin' hu.ntkr's admimstra rioN. .'H'J w liolc from the House. 20 An address in reply to the Governor's communication was also agreed to. In this it was said, that his Excellency's administration had been a continued series of justice and moderation, and that the House would not be wanting in en- deavours to make a suitable return. That the late Speaker of the House had given a new proof that in all situations it liad been his study to disturb the tranquillity of the province, and to act in con- tcn\\)\ of the laws and government; and a hope was expressed that his expulsion would be considered as a sufficient vindication of the character of the House from any suspicion of a concurrence in his purposes or acts. Complaisance to the Governor, or in- dignation against the conduct of the factious members, carried the House still farther. It was resolved, that these members should not be admitted to their seats during the session, even if returned by a new election, and at the next sitting of the House, when some of these persons were so returned, the resolution was adhered to.-* These proceedings occupied much of the attention of the House and tlie meeting closed, with the important result of a restoration of harmony between the branches of the government, but with little beside. On the 27th of November, of the same year, the Assembly was convened at Chesterfield. -^ The Governor represented the neces- sity of adopting immediate measures for the support of govern- ment and the public credit, as the funds provided for the former were wholly exhausted, and as the latter had suffered greatly in "^ The expelled members were Col. Daniel Coxe and Richard Ball, members from Gloucester, Henry Brockholst and David Ackcrman, from Bergen, William Hall and William Claws, from the county of Salem, Henrj' Joyce, from the town of Salem, and Jacob Hulings, from Cape May. Jacob Spicer, from Cape May, being brought before the House at its next meeting, by the Sergeant at Arms, prayed the House to pardon his absence, it not being wilful, or wilh con- tempt, "having had more than ordinary occasions which had detained him from attending the service of the House." Whereupon the House "were willing to be favorable to him, and ordered that he be discharged upon paying his fees." He was then directed to take his seat. ^' Richard Bull, from Cilouccster, and William Hall, from Salom, were thus returned. The House declared that " they could not recede from Uieir former resolves." "By reason ol" the iSmall Pox being at Burlington. 820 iiuntkr's admi.m>!Tkatiox. consequence of failure in the collection of taxes, and he trusted, as they were now met with good dispositions, and without any "clogs or bars," they would be able to pursue the objects of their meeting, and make good the engagements and promises contained in their former addresses. The House proceeded in accordant • with these recommendations, A ground of former difficulty wa* entirely removed by an act repealing the act which directed that the sittings of the Assembly should be held at Burlington; that act, it was said, "being contrary to royal instructions, and being found prejudicial to the eastei-n division." The finances of the province Mcre inquired into, and the amount and causes of the deficiency determined. ^^ The expenses required by the late military expeditions had rendered it necessary to contract a large debt by the issue of l)ili of credit; but it was asserted that the provisions for sinking tlu^ bills would have been quite sufficient, if faithfully observed am! carried out. Enactments were therefore made to enforce the col- lection of arrearages from delinquent counties; for the more regular appointment of Assessors and Collectors, and for holding ihc^v officers to closer accountability. As a further means of increasing; the revenue, an excise was laid upon all spirituous liquors retaili d within the province, and it was expressly declared that the amount should be used, for, and towards the support of the government. To meet the present necessities, an act was passed for a new issue of bills of credit to the amount of eleven thousand six hundred and seventy-five ounces of plate. A bill was agreed to for the support of government, for three years, which assigned to the Govcrnoi the sum of six hundred pounds per annum.-' After a meeting which terminated without the transaction of aii} important business, the General Assembly convened at Perth Aml)oy on the 13lh of .January, 1718. The Governor infornu tl the House that the revenue was again exhausted, and mcnlionc d "More than seventeen Imndied iioumls in bills nf cioilil were yet Dnt, and the treasury ciui)ty. ^'Tho Chief .luslice was to receive one hundred jiounds, the Attorney CJeni - ral lifty iiounds, the niemliers of (-^ouiuil, who attended durini; the sitting oltlie House, five t^hillinij.s i^er day, and llu' Representatives live shillings per day. DrRXET'8 ADMINISTRATION. 821 also, that the sahiries of llio public officers were so small and so retrenched from what they had been, that the officers were not properly supported; and an augmentation was asked. He stated that the Assembly of New York had passed a law for running the division line between the two provinces, with the expectation that a similar measure would be adopted in New Jersey. He also recommended, that an agent should be appointed to represent the interests of the province in England, no other province being with- out such an officer; and that on several occasions he had himself employed persons, at much expense, to transact business that could not properly be delayed. The Assembly stated, in reply, that although they were sensible of the importance of having an agent in England, the circumstances of the province were such that suitable provision for the maintenance of such officer could not immediately be made. In accordance with the Governor's recommendation, an act Avas passed for determining the line of division between New Yoi'k and New Jersey, and another for settling the boundary between East and West New Jersey. ^^ The Assembly was not again convened by Governor Hunter. In 1719, he left the province for England, but expressed an in- tention, with the King's permission, to return ; this intention how- ever was not fulfilled; upon his arrival in England, an agreement was made by which his government was exchanged with William Burnet, Esq., for the office of Comptroller of the Customs, and the latter soon entered upon office. ^^ William Burnet, Esq., was the son of the mcU known prelate, Bishop Burnet. If the new Governor derived no celebrity from nobility of birth, he inherited a name that piety and learning had raised to distinction. Ilis intercourse and intimacy with the late Governor enabled him to acquire in advance, some knowledge of the state of affairs in the province, as well as of the character of ^ The Commissioners appnintcd under the first act, fixed the nortlicrn point of division in latitude 41° 40'. Nothing was done under the latter act. G or dun, p. 91. * Governor Hunter had conducted himself in office under circumstances of some ditliculty, with a degree of prudence and address, and the Legislature both of New Jersey and New York expressed their approbation of his course. 41 322 bi'RNEt's administration. parties and of men; and he entered upon his duties at a time when the relations between the different branches of the government appeared to be of the most amicable kind. But the new Governor was either less cautious, or less fortunate than his predecessor. The province, as has been seen, was encuinbcrcd with debt, and tlic Assembly in the former administration had shown a laudable care and concern on this account. The same Assembly was convened by Governor Burnet on the 28th of February, 1721. At that time the Governor set forth the favorable opinions he had entertained of the Assembly from the character given of them by his prede- cessor, and said that he was further encouraged in his expectations from them, by the loyalty which the neighbouring province had show^n in granting a revenue; and that as this colony was increas- ing in people and property, the support of government would be easier than it formerly was. He stated that he had found tlic salaries of ofTicers lessened when they should have been increae^ and that the credit of the colony was suffering for the want of ;i larger amount of bills for currency. He hoped that these de- ficiencies would be effectually supplied, and reminded the House and the pcople,of their great happiness in being under his INIajestx "> government, and expressed a hope that a just sense of the bles>- ings they enjoyed, would dispose to such manifestations of dn and gratitude, as might be expected from good subjects, to surli i prince.-^ Tlie reply of the House was extremely guarded and bri( 1. They congratulated his Excellency upon his accession, and statu! . that they should use their utmost endeavours to serve their King ami country, under the difficult circumstances that existed. The cold- ness shown by the Assembly in their address, and their imperfect compliance with his wishes, induced the Governor to prorogue tlie House at an early period, and he used the occasion to make a still furdier declaration of his expectations and views. He said, that he had hoped to have found in them a disposition suitable to the charac- ter that had been given of them, but that their past resolves had fallen short not only of his own expectations, Inil also of his Maji ty's instructions to him. His INIajesty, he said, had express, directed, that all laws made for tlie supply and support of govern- *■ Minutes, vol. 1. burnet's admixistuation. 323 ment should be indefinite and without limitation, except the same should be for some merely temporary service. The meaning of this instruction, he said, would appear from the practice of the Parliament of Great Britain, who at the accession of a new Prince, settled a revenue for the support of the government during the life of the Prince. He had prorogued them, he said, that they might begin anew, and show their loyalty by a due regard to his Majesty's commands. He also observed, that long sittings of the Assembly were a great burden and expense, and that if thoy should once settle a lasting revenue, they would be able to go through the other business in much shorter meetings, which he promised they should have, as often as they desired. It could hardly be expected that the recommendations of the Governor in the particu- lars just mentioned, would be very acceptable; and communications were made at the next meeting, but little more calculated to give satisfaction. The Governor stated, that the laws heretofore passed by the Assembly for regulating the choice and the qualifications of members, were not in force, having never been confirmed by his Majesty; but that the instructions given by her late Majesty, Queen Anne, upon these particulars, were still the law, and were to be observed; he also stated, in reply to a request that the members might be sworn in their own House, that it was neces- sary that every member of the House should be sworn before the Governor. A reply was made by the House, and several resolu- tions relating to the demands and the course of the Governor, were also adopted. In these modes, thoy asserted, that they Avcre, and had always been disposed to show their loyalty to his Majesty, in such manner as the circumstances of the province would allow; that it had not been unusual for the members to be sworn in their own House, for which reason they had made the request; and that all laws passed by the Governor, Council and Assembly, were in force until they were disallowed by his Majesty, or re- pealed in the province. They objected to the "intermeddling" of the Governor with the business of the House, which they con- sidered to be a breach of their rights and privileges. Tlmy also complained on account of his demand for permanent support of the government, and of his assertion that unless such provision should be made for at least five years, he would pass no bill. An 324 BURNEt'p ADMINlS'rnATION, act for the support of the government for two years was then agreed to by the Assembly, and full provision was made for rais- ing the amount by taxes. But this enactment failed; the Council, assuming unusual authority, made numerous amendments to the bill, and returned it to the House ; the latter, however, denied the right of the Council to amend a money bill, and thus the gevcrn- raent was left without any support. In noticing these proceedings the Governor indulged in rather angry remark. He told the Hous(^ that they seemed fond of the word privilege, though what they had of that kind, was owing to the goodness of the CroMU ; and he de- clared that "your conduct has carried in it so much indignity to his majesty, and would prove, if not timely prevented, such an oppression to the colony, that I will rather serve for nothing, and spend my own fortune in the defence of his Majesty's honor, and the welfare of the province, than ever give way to it." He there- upon dissolved the Assembly "from being, sitting, or acting any more as the General Assembly of the province." The disagrcr- ment that occurred at this time between his Excellency, and llic House, was in strong contrast with the harmony that had existi d between the same body, and Governor Hunter.-^ The urgency of Governor Burnet for an increased and permanent revenue for the support of government, at a time when the province was em- barrassed; his apparent anxiety to restrict the action of the As- sembly; together with the assumptions of the Council, were calcu- lated to excite dissatisfaction. The Assembly too seemed quiii uncomplying. In addition to the reasons just mentioned, they doubted the propriety, and even the legality of the coniinuance ol the Assembly whicli the former Governor liad called, and their reluctance to longer service was not disguised.-^ a«The Governor seemed to be sensible of this diflbroncc, and in cxplanalimi thereof said, that his predecessor "had the misfortune in the late Queen's tin ■ not to be supported at home in his just demands, and when a Governor is unfortunate as not to be suflicicntly protected at home, it may induce him i.i com[)liances wliich he could not otherwise justify." ^ The Ciovernor produced especial instructions from the Lords of trade, war- ranting him in continuing the Assembly, which, it was said, was "exactly con- foimable to the practice in Ireland, where one Parliiimcnt has subsistcil iimi' dilVcrcut Governors since iiis Majesty's accession to the throne." 1 BCRNEt'h ADMINISTUATION. 825 Not long after the dissolution of the House, a new one was called. 3" In modified and somewhat softened terms, the Governor presented to the new Assembly, the wishes and views he had formerly expressed. He did not doubt that after so long a time liad been given to weigh and consider every particular, they had brought with them a resolution to support his Majesty's govern- ment in an ample and honorable manner; with commendable generosity he desired them "not to think of me," but to make fuller provision for the inferior officers of govemmient. He again adverted to the great advantages enjoyed under his Majesty's reign, and enlarged upon the great deliverance that had been ex- perienced in an escape from under the rule of "a Popish King and a French government." The expressions, as Avell as the acts of the new Assembly, accorded in a great degree with the Governor's views. One of their earliest measures was the passage of an act "for the security of his Majesty's government in America." It was chiefly designed to provide securities against the designs, and acts, of the adherents to the Popish religion. It was supposed that the people of this faith, if not especially opposed to the go- vernment of the province, still felt themselves at liberty, and in- deed felt bound, to use every exertion for the restoration of Popish supremacy. At the first institution of the government, Papists had been expressly excepted from the grant of liberty of con- science, and by the present act they Avere subjected to rigid re- strictions. It was made lawful for any two or more Justices of the Peace, to administer and tender a certain oath and declaration, to any whom they might suspect of being dangerous or disaflected to his Majesty's government, and if any such persons should re- fuse to take the oath, and make the declaration, they were to be esteemed and adjudged to be Popish recicsant convicts, and as such should be proceeded against. 2' Whether any particular ap- *>The Assembly was dissolved on the 26th of May, 1721, The precise date of the meeting of the new one is not known, but it was in the early part of the same year. " Suspected persons were required to swear that they would lie faithful, and bear true allegiance to his Majesty; and that they did in their hearts abhor, detest, and abjure that impious and heretical doctrine, and position, that princes 326 BHRNET's AnMINlSTHATION. pearances or acts had been noticed, calling for such restraints, is not known;. but, if in conformity with Wie royal instructions, and with the temper of the English government at the time, and with the Governor's views, they were yet but little in harmony with the broad declarations in regard to freedom in religious matters, that had been made in the province, at a former period. The act passed for the support of government at the present sitting, also measurably accorded with the Governor's desires ; it was to con- tinue for the period of five years. But the liberality of his Ex- cellency's expressions in regard to provision for himself, was perhaps too strictly interpreted. The salary formerly granted to Governor Hunter, was reduced by one hundred pounds ; but five hundred being now allowed. Yet full satisfaction was expressed, and the Governor dismissed the Eouse with thanks for their pro- ceedings, and particularly for the cheerful and honorable support that had been given, and for the act for the security of his Majesty's government in the province, the latter of which he regarded as "the noblest present of the two." At the next meeting of the Assembly, which took place in 1723, the attention of the House was particularly directed toward finan- cial concerns. The Governor stated in his address, that the pro- vision they had made for the support of the government, had left him but litde to ask in that respect, but he thought proper to re- mind them of the indebtedness of the province. Numerous peti- tions were also received from the people, representing the great want of a paper currency. It was stated that the province had been drained of a specie currency by reason diat the produce of the country had been chiefly sold in neighbouring provinces, where a currency of paper was in circulation, and which the people had ex-communicated by the Pope, may be deposed or murdered by their sulijects, or l)y any other person. They were also to swear that they would bear faithl'ul and true allegiance to his Majesty King Cieorge, and that the pretender had no right or title whatever, to the Crown of Great Britian. In tlie declaration, they were re(iuircd to testify and declare as their hclici", tliat in tlie sacran)ent of tlir Lord's Supper, there is not any transubstantiatioii of the bread and wine into the body and blood of Christ, and that tlie invocation or adoration of the Virgin Mary, or any other Saijit, and the sacrifue of the mass, are superstitions and idolatrous. Al/insufi^s Laws of New Jersei/, p. 64. burxet's administration. 327 been ol)ligod to receive; yet this forcig-n currency was not a legal tender in tlie pro\ incc, and therefore Avas not received in the pay- ment of taxes. To meet the several objects in view, the Assembly resolved upon a new expedient. They authorized the emission of forty thousand pounds in bills of credit, to be issued principally in loans. The amount was to be distributed, in a certain propor- tion, among the counties, and the issues to be made through offices established for the purpose. 1'he bills were made a legal tender in all transactions, and a certain portion was specifically applied to the redemption of the bills of credit formerly emitted, and the interest thereon. An interest of five per cent, upon all loans was demanded, and the interest accrueing, was to be appropriated in part, to sinking the bills, and in part, to the support of government, under the direction of the Governor, Council, and Assembly. ^2 This policy was afterwards continued, and the loan office, came to be an important instrument in the management of the financial business of the province. It seemed to be the misfortune of Governor Burnet, (or as he may have r'-garded it, his advantage,) to be highly instrumental in con- trolling and annulling provincial legislation. Beside the instances already noticed, he received and communicated new instructions at this period, from the Lords of trade and plantations respecting seve- ral acts that had passed in the former administration. He was in- formed that three acts which had been transmitted for approval, one for shortening law suits and regulating the practice of the law; ^ The bills emitted under this act were to be used as a general currency, and served a similar purpose as the banking bills of modern times. The operation, however, was entirely difierent from banking. The authority and credit of the government ser\'ed in place of original capital, and the issues wore made upon real and not personal security. No loan was made except on plate, or landed estate. The advantage to the government was in the reception of interest upon an amount of capital that had cost it nothing, though bound to see that it was fairly redeemed. The advantage to the people was in the possession and use of that which would be received in all transactions, and which, if it had cost nothing to the government, had served as money to them. The capital would therefore be willingly returned by the borrower, with the addition of interest, and still more, as this additional amount (being used for the purposes of govern- ment,) if not paid in interest, must, at least in part, have been paid as tax. 828 btirnet's administration. another for acknowledging and recording deeds within each of the respective counties of the province ; and a third for enforcing the observation of the ordinance for establishing fees, were disallowed by his Majesty. The scope of these acts, it was said, was to take away the accustomed fees of office from persons who enjoyed the same by immediate patents from the Crown, by which appoint- ment of the Crown the dependence of the plantations was in some measure secured to Great Britain; and therefore the Lords, as they said, had counselled his Majesty that these laws should be an- nulled, they "appearing to us to be great encroachments upon the prerogative of the Crown. ""s In regard to the judicial department, the authority of the Gover- nor was also brought into exercise. The Assembly made an humble address to his Excellency, representing the great inconveniences the people were sul)joctcd to, from the operations of the ordinancr directing the meetings of the courts of judicature, and asking lea\ r to bring in a bill to remove the hardships under which the inhabi- tants laboured. The address was considered by the Governor and Council, and they resolved, that it would be proper that altera- tions should be made in the ordinance, but that leave could not be given to the Assembly to bring in a bill, as prayed for, because, by the commission of his Majesty the Governor was vested with the power to establish and regulate the courts of judicature, and the action of the Assembly therein, would deprive his Excellency of his proper authority. Another question of some importance arose at this period. It related to the constitution of the General Assembly, and the authority by which it existed, and might be changed. The erection of Hunterdon into a county has been noticed, and also the suspension of the election of members to the Assembly, until the pleasure of the Queen should be known. No decision was made by the Queen, but the matter was determined *" From the communication of the Lords, it api)carc(l tliat both Governor Hunter and Governor Burnet had represented that these laws should l)e re- pealed, as they were injurious to the jurisdiction of the Supreme Court, and reduced tlic fees of the patent on'icers so that they could not subsist. These laws, however, if not well adapted to the full sujiport of his Majesty's ofl'uers, or of the royal prerogative, were considered by the people as highly important to their intcresbj. I m'RNF/r's ADMINISTRATION. 32i) by her successor, his present Majesty. His Majesty referred the question as to his authority in the case, to his legal adviser, and required an opinion. The Attorney General, Raymond, advised his INIajesty, that "«a> the right of sending Jiejircsentatives to the Assembly and the qualification of the electors and elected, de- pended upon his Majesty's instructions, he might make any altera- tions that were required, and therefore, miglit empower the new county of Hunterdon to send two Representatives, and restrain the town of Salem from sending any."^^ The Governor was in- structed accordingly. The declaration that the right of represen- tation depended wholly upon his Majesty's instructions, went to the complete subversion of English liberty. The decision was not made upon the ground of any pretended representation of the colonists in England, but upon the broad assumption that the right of representation in the province, depended entirely upon the will of the King. Such questions, it has been said, could only be settled by a revolution. ^^ The General Assembly that was convened in 1721, continued in being until 1727, and a period of more than two years had elapsed in Avhich no meeting had been called. Tlie protracted recess, as well as the long continuance of the same body, was a cause of dissatisfaction among the people ; they regarded the frequent renewal of their deputies, or the frequent opportunity of renewal, as an important security to their interests. Their Avishos were complied with, and a new Assembly was convened on tlie 10th of February, 1727, l)Ut no business of particular importance was then transacted. In the latter part of the year 1727, Governor Burnet departed from the province, being appointed to the government of Massa- chusetts IJay,- He had strenuously upheld the royal authority, and his own, and resisted every attempt toward an extension of popular privileges. =' Clialmor's Opinion's of Lawj'ers, vol. 1, p. 267. Upon the grant to llun- tcnlon, it was thought necessary to take tiie right of electing memhcrs Iroiu Salcin, in order that the proportionate weight of the two divisions of tlic province might still he preserved. "Pitkins' United States, vol. 1, p. 88. 42 330 montgomerie's administration. The successor to the olFicc of Governor of New Jersey and New York, was John Montgomerie, Esq.; he received the seals of office on the 15th of April, 1728. The condition of the pro- vince in regard to its internal interests, continued nearly the san throughout the entire period of his continuance in otlice.^'' But an effort was made with a view to procure an important alteration ' in the administration of government. The connexion between New ' York and New Jersey in being included together under one Gover- nor, had been a cause of injury, rather than benefit to the latter. As the smaller province, it had been placed in a kind of dependent \ relation, and had experienced the evils which such a relation l- tween political societies, frequently brings. The connexion at lli had been but reluctantly yielded to by New Jersey, and an euii separation was now desired and sought. In 1728, a motion m made in the General Assembly "whether the having a distin Governor for New Jersey, be, in the opinion of this House, Im the advantage of the province, or not." This motion, after full consideration and debate, was carried, and it was also resolvnl that a deputation of members (which was at once appointed) ■ should wait upon the Governor and Council, and inform them of the action of the House, and desire their concurrence therein; and also, to request a conference as to the proper mode of proceeding in the case. The deputation were instructed to inform the Cover- i nor, that no unfavorable intentions towards him had prompted the 'i action of the House, but only a desire to secure the object in view ! whenever a new commission should be given. A petition to tlie I King upon the subject was also prepared.'*' This application, j *> The only legislative enactment ol lliis period requiring notirr, was *'an for securing llic IVcedoni of Assemblies." 13y this "freedom," however, it \^ only meant that the members should not be bound by any engagements in ollicc which might embarrass their action as Legislators. The act provided that if any member shoidd accept of any ofllcc of profit from the Crown, or from the Governor for the time being, during such time as he should continue a mem- ber, his election should be void, and a writ for a new election should be issued. " In this petition it was represented that his Majesty's loyal and dutiful sub- jects, the Keprcscntativcs of the province of New Jersey, contided in his Majes- ty's care, and in his desires for their advantage and prosperity; tliat the people of New Jersey had been placed under the same Governor with his Majesty's between the different branches of government, yet in point of union and feeling, the relations between them were by no means close. Beside that the proceedings of the Assembly in the particulars noticed, were not entirely approved by the Governor, the House adventured upon a representation to him, concerning the appoint- ment of the Council. They said "they were humbly of opinion that it would be of great benefit to this province, that the gentlemen of his Majesty's Council should be of credit, estates, and abilities, constantly resident, with their families within the province ; to the end they might be acquainted with, and concerned for the interest thereof."^^ The Governor somewhat briefly replied, that he would take care concerning the matters mentioned, and observed, that he thought no Governor would recommend any to be of his Majesty's Council, but such as were men of credit, estates and abilities. The long continuance of the sitting of the Assembly, beside the character of their measures, was disapproved by the Governor, and whilst the business before them was yet unfinished, (some of the bills just mentioned being yet pending,) he thought proper to order an ad- journment; he adverted to the great expense that was incurred ; expressed his dissatisfaction that no provision had been made for his support, and that they had yet done so little for the good of the " The members of Council ami the principal ofliccrs of the province frequently resided in New York, and much inconvenience was experienced in consequence. SEPARATION FROM NEW YORK. 333 province. "A small recess," he said, "and the opportunity of consuhing with your constituents, may better prepare you for the despatch of business." It is possible that the "small recess" may have had an effect upon tlie despatch of business. After the completion of the measures that had been entered upon, an en- actment Avas made for a new emission of bills of credit to the amount of forty thousand pounds, and a bill was passed for the support of the government, for the period of three years ; five hundred pounds per annum was given to the Governor. Governor Cosby continued in office until his demise, which occurred in 1736. At that time the application for an entire separation from New York was again presented to the King. A petition was offered in the name of the President, Council, the Speaker and some of the members of the House of Assembly, on behalf of themselves and others of the inhabitants of the colony. The Grand Jury too, returned to serve for the Supreme Court of Judicature, presented a similar petition.'"' These petitions, which were presented by the agent of the colony, were referred to the Lords of trade, for their consideration and advise in the case. During the pendency of the application, the administration of the government of the province devolved on John Anderson, the President of the Coun- cil, and his death occurring very soon afterwards, the direction of "Tlie petition of the Council and Assembly was dated May 11th, 1736. They stated that upon the surrender of the government to Queen Anne, the proprietors and inhabitants had reason to hope that the Governor then ap- pointed would liavc been distinct from the person appointed for New York, but to the great disappointment of the colony, the same person was appointed for both, which mode has continued. That the great value of the government of New York had induced the Governor to prefer that province for his residence, and also in many instances to prefer its interests, to the prejudice of New Jersey; that great delays had occurred in the management of the government, and in the administration of justice. And they stated that the people of his Majesty's province of New Jersey, were equally willing and able to support a distinct Governor as many of the neighbouring colonics. They therefore prayed that his Majesty would be pleased to commission a person to be their Governor, dis- tinct from the person to be appointed Governor of New York. The petition of tlie Grand Jury was dated on the same day as the other, and was very similar in tenor. Votes and State Papers, vol. 1. 334 SEPARATION FROM NEW YORK. affairs was assumed by John Hamilton, Esq., the next member of the Council. The latter continued at the head of the govern- ment for nearly two years, "when a Governor of New Jersey, distinct from New York was appointed. The Lords of trade having considered the applications referred to them, reported, that they were of opinion that his Majesty should comply with the prayer of the petitioners for a separate Governor." Accordingly, in 1738, a commission was given to Lewis Morris, Esq., appointing him Governor of New Jersey. " Their report was dated August 5th, 1736. I CHAPTER XVII. morris', Hamilton's, and bklchkr's administrations. — the FRENCH war. CHANGE OF GOVERNORS. Governor Morris had been active in procuring the separation from New York. He had also held important places and had perl'onncd the highest services in New Jersey. The appointment of such an individual to the chief place in the government, together with the separation of the province from its former embarrassing connexion, were regarded as circumstances highly favorable to future prosperity. Under the new organization, some change took place in one particular in the action of the government. The Council were made a separate branch of the Legislature ; the Governor refraining from immediate participation in any measure relating to liCgislative proceedings.' The General Assembly con- vened on the 27th of October, 1738. In an address made by the Governor to the Council and Assembly, he spoke of the indulgence of his Majesty in allowing the province to be separated from New York, and in appointing a person to the government whose conduct was avcU known to them. He recommended with some urgency, that the support of the government should be provided for, in a manner corresponding with the assurances that had been given as to the dispositions and the ability of the people. He stated in general terms, that he should be willing to give his assent to all bills that were proper for his approval, and others, he hoped, would not be proposed. The Assembly acknowledged ' The Governor had formerly presided in the Council when considering and acting upon laws. He now entirely withdrew. The change, however, was chiefly one of fur m. The Governor retained the same authority in rejecting laws as before. Yet although the respective spheres of action of the Governor and Council may have continued almost the same in extent, a greater degree of freedom of action may have been gained by the Council, and an addition of dignity by the Governor, in consequence of the change. 33G MORRTS' ADMINISTRATION. in terms of much warmth, the favor that had been shown by his Majesty, both in granting a separate Governor to the province, and in the appointment of the person. " The Governor," they said, *' was a person well known to ourselves to be eminent for his great skill in affairs of government, which Ave more than once have had experience of; and from his knowledge of the nature and constitution of this province, and other advantages of learning, if his inclinations and endeavours to promote our Avelfare bear any proportion to his abilities (which we have no reason to doubt,) is every way qualified to render us a happy and flourishing people." The Council also replied with similar expressions; they stated also* the satisfaction that was felt on account of their separate and distinct establishment as a part of the Legislature of the province. But the future course of proceeding was not entirely answerable to this auspicious beginning. It was probably supposed by the Assembly that the circumstances of the time were particularly favorable for securing and for the extension of popular privi- leges and rights, and their measures were taken accordingly. 13ut the Governor exhibited in the discharge of his new responsibilities and duties, the same intractable and resolute temper that had formerly been shown, Avhcn acting with the people. Hence entire unanimity was not long maintained. Several measures which had been formerly agitated, were again brought forward in the Assem- bly. Bills Avere introduced for the more frequent election and meetinof of Representatives in the'General Assembly; for shorten- ing law suits, and regulating the practice and practitioners of the law; and for recording deeds in each of the counties. These embraced the substance of enactments formerly passed, but which had been rejected by his Majesty. An application was also made to the Governor praying him to regulate a table of fees, in order that the same might be passed into a law. Some of these bills (with amendments by the Council,) were finally passed by the Legislative authorities, but the assent of the Governor was with- held. Concerning the petition for the regulation of fees, his Ex- cellency said, that he would consult with the (Jouncil, "and do all that was reasonable therein." After some delay, a bill for llic support of the government was agreed to by the Assembly. It ])rovided for the a])propriation of one thousand four hundred and morris' administration. 337 fifty poiinds pei* annum, for three years, out of the interest accru- ing upon bills of credit. Of this amount, one thousand pounds per annum was granted to the Governor, to whom also a specific grant of five hundred pounds was made in consideration of his services in obtaining the separation of the province from Ncav York, and sixty pounds yearly for house rent. The salaries of the other public oflicers were also determined. ^ But this provision was by no means satisfactory to the Governor. It was, he said, less ample than might have been expected, from the promises made to his Majesty, and the circumstances of the province; that the salaries were too scanty for the services required; that some officers had been entirely omitted, and that no provision was made for incidental expenses. ^ The course of tjie House "vvas so little in accordance Avith his Excellency's views, that he determined to dissolve them, which was accordingly done on the 15th of March. In his address on the occasion, he reviewed the proceedings of the House, particularly in reference to the bill for the support of novernment, and expressed himself in language more hai-sh and imperious, than even a strong sense of his duties and his rights '•ould possibly have required. The session of the next Assembly commenced on the 10th of April, 1740. The Governor set forth to the new Assembly the irrors and delinquencies of the former one "I suppose," he said, ••you arc wiser than to believe that if the Council and Assembly pass a bill, that by their doing so I am under any obligation to [)ass it into a law, unless I am satisfied that it is reasonable and fit ibr me to do so: because that would be altering the present con- ^ To the Chief Justice was given one liundretl and fifty pounds, to the second .1 udgc, fort}- pounds, the Attorney General, forty pounds, each of the Treasurers lorty pounds, and other officers proportionably. =>The Governor v?as displeased, not only with the amount of the grant, but also on account of the manner of making it. The bill had been long delayed, and a motion for the specific grant to the Governor had at one time been re- jected by the House, upon which occasion a positive and rather harsh commu- nication was made by him. The statements made as to his services in (he busi- ness, or a truer sense of justice, afterwards induced the House to agree to th? grant, but his Excellency seems to have received an unfavorable impression as to the intentions of the House. 4.S 338 morris' administration. stitiition and rendering the Governor a nominal, rather than a real part of the Legislature. And I hope you are more honest than to deny, or render uncertain and precarious, the support necessary for the government to have, or to attempt by that or any other method or art, to constrain the Governor to pass any bill into a law that he should conceive not fit for you to have, or him to as- sent to.""* A second opportunity was now given, he said, for serving the country by passing such laws as were necessary, or amending those that were defective. The reply of the House manifested very distinctly, a disposition to vindicate the course of the former Assembly, and contained some pointed reflections upon the conduct and expressions of the Governor. They "sincerely sympathized" with his Excellency and the people of the province, upon the disappointment caused by the failures of the former House. But it appeared to them, they said, that progress had been made by the Assembly in preparing such bills as were greatly needed, and much desired in the pro- vince, but why these bills had not become laws, they would not pretend to determine. They were never tempted to believe, they said, that the Governor was under any obligation to assent to a law that he did not approve; but suggested that the defects of such as were presented to him might be pointed out to the Assembly or the Council, in order that they might be reconsidered and amended. They were grateful, they said, for the opportunity that was given, to use their endeavours for the welfare of the province. At an early period some of the bills of the former session were again taken up, and others were introduced of a similar tendency. The bill for the frequent meeting of the Assemblies was modified by proposing the septennial election of Representatives, and in that form was passed by the House. No decisive action had been taken by the Governor upon the application to regulate a table of fees, but a bill for tliis purpose was prepared by the Assembly. * A suspicion here seems to be intimated that the tardiness of the former Assembly in passing the bill for the support of government, arose from an inten- tion to coerce the Governor into an agreement to the measures brought forward in the House. These measures indeed were acted upon in advance of most oilier matters, but -this their importance would warrant. morris' administration. 339 A bill was also introduced to limit the action of the Supreme Court, providing, that no action under fifteen pounds should be taken into that court. ^ But no further point was reached toward the attainment of the objects sought by these several enactments that had been gained by the proceedings of the former Assembly. The didiculties between the Assembly and the Governor were further increased at this period, in consequence of the introduction of a subject connected with the foreign relations of the province. A quarrel had occurred between England and Spain, on account of occurrences in their American possessions, and in 1739 a decla- ration of war was made. On such occasions the English colonics were not forgotten by the mother country; their co-operation was mostly promptly required, and mostly was promptly rendered. Tlie demands of his Majesty for a number of troops and for sup- plies from the colonies, were communicated to the Assembly by Governor Morris, and speedy compliance was urged. But the House was then desirous to adjourn, and permission was solicited for a short recess, which it was thought might not be inconsistent with a proper attention to the measures proposed. His Excellency professed a willingness to accede to the request of the House, but conceived that it could not be done consistently with his Majesty's directions, and insisted upon immediate action; he stated, however, that when he should see "effectual and proper resolutions entered into, upon which I can depend," the wishes of the House should be considered. A refusal so ungracious in itself, and so ungraci- ously made, was not well calculated to forward the object in view. But the necessary measures were taken by the Assembly; a 'A very large portion of the judicial business of the province was transacted in the Supreme Court, and this circumstance, with the want of a regulation of fees by law, exposed the people to much inconvenience as well as exaction. But his Majesty and the Governors were desirous, rather to extend, than to lessen the in- fluence belonging to the principal places and offices, in order that the province might be kept under closer control; Governor Morris said, that the bill for limiting actions in the Supreme Court was not "at present convenient for his Majesty's scr\ace, or beneficial for the inhabitants, but rather otherwise." The act for the septennial election of Representatives, he said, "I do not take to be a right you are entitled to, but a favor, which a suitable conduct in you can only induce his Majesty to grant, or me to recommend to his Royal consideration." 340 morris' administration. bill was passed for procuring supplies, and for giving currency lo two thousand pounds in bills of credit, to defray the expense. But these bills were to be sunk by an appropriation of the interest money to be received in the treasury, a mode of proceeding which M-as strongly objected to by the Governor. He insisted, that ac- cording to the act under which the interest money was raised, such money could only be appropriated to the support of govern- ment, and that he was ordered by his Majesty, not to pass any law whereby his revenue might be impaired or lessened, without his Majesty's special permission. His Excellency therefore caused a bill to be drawn and to be submitted to the House, in which it was said, "the same ends are proposed," but which was so ex- pressed as to save the claim of the Governor in relation to the disposal of the revenues. But the bill submitted to them was re- jected by the Assembly, and they declared, that they conceived the bill they had passed, was "sufficiently worded to answer the ends proposed by it."^ The attempts of the Assembly to procure the passage of the several bills which were deemed important to the interests of the province, were continued at every session; and an inclination was shown to make the passage of these enactments, a condition of the support of government. In 1741, though the amount before granted was given to the Governor, and some increase was made in the allowance to other officers, the provision was limited to the period of one year. In 1742, a bill was introduced for the sup- port of government, to which a clause was attached "for ascer- taining the fees to be taken by the several officers therein." liy a vote of the House, in committee of the whole, this clause was finally stricken from the bill, and the support was given wilhovt any condition. Yet the attempt was significant, and the rejecii. of the clause was supposed to be owing, in part, to a fear that ilie House might be dissolved by the Governor, rather than to ;i change of opinion upon the subject. These measures w( ic strongly rcjjrobatcd by the Governor; he not only refused his assent to the bills that were presented, but resolved upon dissolv- '• The Colonial fJoveriiors constantly cn countrv, than taxing Englishmen for a public benefit. If Franklin had some- what misapprehended the views of his countrymen in framing the Ali)any plan. THE FRENCH WAR. 357 the French had contimu'd their attempts to establish themselves in the country upon tlie Ohio, and a strong work was erected at the junction of the Allejrany and Monongehala Rivers. It was per- ceived by the colonists that tlieir claims to tlie country must either be abandoned, or that resistance must be made. The latter was re- sorted to, under the general authority that had been given by the English King, to oppose and repel encroachments. Accordingly, -a company of men was raised in Virginia, and in April, 1754, they advanced under the command of Lieutenant Colonel Washington, towards the posts of the French. Hostilities soon ensued; and the war thus commenced, was continued from that period. Yet an actual declaration of war was not made for nearly two years later ; and hence this has been called the war of 1756. In the long con- test that followed, the American colonies bore a full share. In times of peace, the several colonial establishments were carried on l)y means of regulations made by the respective governments ; but the general direction of warlike operations being assumed by the Crown, requisitions for men and money were made upon the colonies, and apportioned among them according to population and wealth. The requisitions at this time made, were mostly cheerfully met. The Assembly of New Jersey, as well indeed as other similar bodies, continued to maintain their privileges; they claimed the right to exercise discretion, and in some instances this discretion was followed, yet no disposition was manifested to escape from reasona1)le demands. For a period after the commencement of the war, disaster at- tended the British arms. Braddock failed and fell on the Ohio; Shirley, after a tedious and painful advance, ellected nothing on the Niagara ; and the partial and unimproved success of Johnson in the vicinity of Crown Point, was insufficient to dispel the general gloom. In many of the colonies tlie greatest distress was experienced, not only on account of the exertions and deprivations he succeeded in perceiving and explaining their opinions in his notice of the Ministerial scheme. Yet Franklin seems to have retained a partiality for his first work, and afterwards said, "that the dilTcrent and contrary reasons of dis- like to my plan, make me suspect that it was really the true medium, and I am still of opinion it would iiuve been happy for both sides, if it had been adoiiled.'' Memoirs, part 2. 358 THE FRENCH WAR. incident to the state of affairs, but from the frequent incursions of the Frencli and their savage confederates. The latter, encouraged j by the successes of the French, had broken from their English connexions, and now swept over the country, and committed the most atrocious depredations and cruelties. But at length, undi the vigorous administration of the celebrated Pitt, an entire alter:i- tion took place. The British arms became triumphant, and after the battle on tlie plains of Abraham, in September, 1759, and the consequent surrender of Quebec, the power of France in America was nearly prostrated. Negotiations for peace soon followed, but these not being successful, a "family compact" was entered into between France and Spain, to oppose the growing pretensions and power of the English. ^^ The union of these powers was u means of prolonging the contest for a time. This indeed had ^ been foreseen by Pitt, and he had urged upon the Cabinet the necessity of forestalling tiie effect, by an early attack upon Spain, j But a new King of narrow capacity and a determined temper, had come to the throne, and a portion of the Cabinet were jealous oi' the power and influence which the principal Minister had held J and wielded. 26 Pitt was overruled, and he, resolving not to be responsible for movements he could no longer direct, resigned his employments and place. But a powerful impulse had been given to the course of affairs, and the new Minister had sufficient wisdom to follow in the track that had already been opened, and Great Britain, by tlio aid of her colonies, rose superior to the united power of the Bourbons. In 17G2, Ilavanna, the capital of Cuba, and tlie strong hold of Spanish America', surrendered to the English, anil other places of strength were also reduced. These continued suc- cesses gave rise to dispositions favourable to peace. France anil '>In lliis agreement l>et\vccn France anil Spain, wliicli was concliuloJ on tli. 15th of August, 1761, it was declarcil that the two Crowns would consider ;i their common enemy every power that should become such to either, and tliai whoever attacked one Crown, attacked also the other. It was also agroed th:it when ihey should terminate by peace, the war they had supported in common, they would balance the advantages that one might have gained, against ihi- losses of the other. * Upon the death of George the Second, in October, 1760, George the Third ascended the Throne. THE FREXCn WAR. 859 Spain were dispirited, and England was less desirous of farther con- quest, than for relief from tlie embarrassments caused by the debts incurred in the war. Preliminaries for a treaty of peace were agreed to, and signed on the 3d of November, 17G2, and the articles were finally ratified and confirmed at Paris in February, 1763. By this treaty, Nova Scotia, Canada, and all their dependencies were ceded to Great Britain, and a line was agreed upon between the dominions of his Britanic Majesty, and those of his most Christian Majesty, drawn along the middle of the River Missis- sippi, from its source, to the River Iberville, and from thence by a line drawn along the middle of the River and the Lakes Maure- pas and Pontchartrain, to the sea; and his most Christian Majesty ceded in full right and guarantied to his Britanic Majesty the river and port of Mobile, and every thing he possessed or ought to possess, on the left side of the River Mississippi, except the town of New Orleans and the island on which it is situated, which were reserved to France. To secure the restoration of Havanna, the King of Spain was obliged to yield to Great Britain, Florida, St. Augustine, the Bay of Pensacola, and all her possessions to the east and south-east of the Mississippi. To compensate Spain for the loss of Florida, and thus to "balance" advantages and losses, France, by a secret article, ceded Louisiana to his most Catholic Majesty. The design of France to confine the English colonists to a narrow strip of coast, or perhaps to subjugate them entirely, was thus completely defeated. The entire command of the country to the east of the Mississippi, was secured by the English, and Canada was added to their possessions. But these advantages had not been easily or cheaply obtained. There had been a great expenditure of treasure and of life. The colonists had generally kept in the field a force of twenty thousand men, and had contributed more than three millions of pounds. ^^ New Jersey had raised at difl^'erent periods, near three hundred thousand pounds, and for a great part of the time had maintained a force of one thousand men, beside particular bodies for special services. " Of this sum the British Parliament reimbursed at different times, one mil- lion of pounds. 300 CHANGES OF GOVERNORS. Several changes had occurred during; this period in the govern- ment of New Jersey. At the tleath of Governor Belcher, which occurred in August, 1757, the administration again devolved upon John Reading, who continued in office until he was superseded, in June, 1758, by the arrival of Francis Bernard, Esq.^s Governor Bernard performed important services in effecting a pacification with the Indian tribes. In 1760, he was transferred to the govern- ment of Massachusetts, and was succeeded by Thomas Boone, who, in about one year, was also transferred, being removed to South Carolina. Josiah Hardy, Esq., was the next in succession; his period of service was likewise but brief; being appointed soon afterwards to the Consulate at Cadiz. In September, 1762, a commission was given to William Franklin, Esq. He was the son of Dr. Benjamin Fi'anklin. He had served as a captain in the late war, and afterwards had accompanied his father to Eng- land. He owed his appointment to the influence of Lord Bute.^^ ^ President Reading at first refused to enter upon office, on account of his age and infirmities, which he said rendered " the administration too burdensome for me cheerfully to undertake." But he finally consented. *" The appointment of Franklin as Governor, was the cause of some surprise at the time, his fitness for the place being strongly questioned. See Life uf Lord Sterling, p. 69. CHAPTER XVllI. OPINIONS RELATING TO THE RIGHTS OF THE COLONIES. PASSAGE OF THE STAMP ACT. OPPOSITION TO THE STAMP ACT. THE REPEAL. r The loHo- contest that liad been carried on by England and her American colonies against a common enemy, had served, for the time, to bring tliem into closer union, both of interest and of feeling. Tlie sympathies that arose from a common extraction, had been strenjjfthened by a participation in danger, and afterwards in triumph. The Assembly of IVew Jersey declared, at the conclu- sion of the Avar, that "ages to come will rejoice in the happy event, and we trust the recompence to our mother country will prove unfailing returns of wealth and gratitude, in a manner not now easily foreseen." But the concord that had thus arisen was not destined to be of long duration. At an early period differences of opinion began to be manifested as to the relative condition and claims of the countries. Such differences indeed had long existed, but no marked occasion had occurred for their general exhibition. The colonial governments had been established at different times and in different modes ; there were provincial, proprietary, and charter govermnents. In some of these the de})endence of the people upon the Crown was closer than in others; but wliatever might be the particular character of their institutions, the colonists claimed to be entitled to all the privileges which l)elonged to other subjects of Great Britain. They claimed, that in the new and distant country in which they were placed, they had lost none of the rights and immunities that were enjoyed by residents and native born sub- jects- in the ancient realm. The limitations upon authority, which existed and were in force in the mother country, were supposed also to be in force in the provinces. In the maintenance of these claims, important questions arose from time to time for consideration and decision, and among the most important of these, were those relat- 46 362 OPINIONS RELATING TO THE RIGHTS OF THE COLONIES. ing to representation and taxation. It was one of the vital prin- ciples of the English constitution, that the people should be free from all taxation, except such as they had assented to, either directly, or by the representatives they had chosen. In the govern- ment of England, representation and taxation were regarded as in- separable. The colonists claimed that this immunity belonged to them as fully as to any other subjects ; that Americans could not be taxed but by their own consent. This claim had been advanced at the earliest periods, and had been constantly maintained.' They also declared that they were not, and from their local situation could not be represented in the British Parliament, and therefore, that they could not be taxed by that body; that the authority of Parlia- ment in this respect was entirely inoperative in the provinces ; and this doctrine seemed to be supported not only by justice, but also by the general scope of provincial government. There was not, except in one instance, any thing to give color to an exercise of Parliamenta- ry authority in the colonies for the purpose of taxation. The original charter of Pennsylvania contained a provision that the Crown should levy no tax, or custom upon the inhabitants, or their goods, unless by the consent of the proprietary or the Assembly, "or !)> ' So early as 1636, the Assembly of Plymouth declared that "no act, imposi- tion, law, or ordinance be made or imposed upon us at present or to come, but such as has, or shall be enacted by the consent of the body of freemen or their Representatives legally assembled; which is according to the free liberties of tbc free born people of England." In 1650, when the constitution of Maryland was settled, the Legislature enacted, that no taxes should be assessed or levied on the freemen of the province witliout their own consent, or tliat of their depu- ties. In 1661, the Gcjieral Court of Massachusetts made a similar declaration, and very soon afterwards Rhode Island adopted, on her own behalf, the words of Magna Charta, that "no tallage, or custom, loan, or benevolence, gift, excise, duty, or imposition whatsoever, be laid, assessed, imposed, levied, or required ul any of his Majesty's subjects within this colony, or upon their estates, upon any pretence, but by the assent of the General Assembly of this colony." iPitkin, vol. 1, p. 80.) At an early period, the same principle was asserted in New Jersey. The attempt of Andross to impose customs upon the people of West Jersey drew forth the admirable defence wliich was made by the proprietors against such a demand. They asserted that it was in direct opposition to thiir En^liKh rii^ht of common assent to tajces. Similar declarations were made at different times in maily all of l he colonies. i OPINIONS RELATINU Tit rjlE RIGHTS OF THE COLONIES. 363 act of Parliament in England."- But this single instance could hardly be regarded as ground for a general exercise of power. Whatever views then, might be held, as to the right of Parliament to bind the colonists in other respects, almost universal opinion was against such a right in the case in question.'' But diflerent views were entertained in England, and attempts were made at various times to impose taxes upon the colonists. This was even done at first by royal authority; the King, or officers acting under his direction, ordering such levies as they should deem proper. But this was too evidently opposed to the whole spirit of the British constitution, to be long tolei-ated. Afterwards, it was con- tinued by Parliament, and enactments were passed which were made to operate throughout the colonies, and by which large sums were drawn from them. In most instances, however, the opera- tion of these enactments was indirect; they had been passed and were executed, under the general plea of regulating trade and com- merce ; a mode of procedure which gave to such enactments the least objectionable appearance or form. Yet even these enact- ments were strongly opposed by the colonists, not merely on ac- count of their effect upon provincial interests in a commercial sense, but also as a violation of constitutional rights. The "navi- gation laws," were expressly resisted. Massachusetts declared that she apprehended them to be an invasion of the rights, liberties, and properties of his Majesty's subjects in the colony, they not being represented in Parliament, and as a saving of the rights of the province, a law was passed by the Assembly requir- ing the acts in question to be observed. It is still probable that had the authority of Parliament been confined to a general regu- lation of trade and commerce, the colonies would have finally acquiesced, and submitted. But this was not done ; moi-e direct methods were now to be attempted. In addition to a monopoly "i" the proceeds of American industry in the course of trade, the iJritish government resolved upon drawing a revenue from the provinces by internal taxation. It has been seen, that just previ- ' Story, vol. 1, p. 111. ^ It was by no means an uncommon opinion in some of the colonies, that no act of Parliament could bind them without their own consent. 364 OPINIONS RELATING TO THE RIGHTS OF THE COLONIES. ous to the commencement of the war, a plan had heen formed by the Ministry for laying a tax on the colonies by act of Parlia- ment. But the opposition then made, prevented the projectors from pressing the scheme, at a time Avhen full co-operation and union were of so much imporlance. And the spirit that was mani- fested by the colonists, even during the continuance of the contest, gave but little encouragement for the renewal of such a design. The j)rovincial govenmients indeed, in most instances, met, and sometimes exceeded, the requisitions that were made, yet the amount to be given, as well as the particular appropriations, were carefully directed by the Assemblies, and sometimes their own discretion was followed, in opposition to special demands. The Assembly of New Jersey refused to accede to the demands of Lord Loudoun, and declared that they could not think themselves "divested of a right of judging of the expediency and possibility of complying with any demands made upon the colony."^ But at the conclusion of the war with France and Spain, there Avas supposed to be both an opportunity and a necessity, for an exten- sion of Parliamentary power. The war, it was said, had been of American origin; that in its prosecution the mother country had become deeply involved in debt; and hence that demands upon the colonists might justly be made. It was apparently forgotten that the colonists had constantly contributed according to their abilitv, and that their exertions had tended to preserve an union, which, if important to themselves, was not less important to the parent- State. The caution necessary in applying a scheme which even in a less naked and questionable shape had met with much 'I^ord liOiulouii (Ipinandcil "in the King's name, that one tliousanJ men should be furnished. But the Assembly resolved upon raising but five hundred at the lime, and said that an uddilional number eould not be pupijlied "in the present posture of allairs." A eommunication was afterwards received in wliicli it was said that the Minister (Pitt,) cxpcetcd as large a body of men ax {In j/ ivare able to ruuc. An act was soon afterwards passed for completing the regi- ment to one lhou^;and elVcctive men; but the House declared that "the exacting obedience to any determinate pr()i)osal, from a people willing and desirous to do their utmost in a cause that so intimately concerns them, would in our oj>inion not answer the design, and would essentially vary from that nmittitutitinal tiiclhiid which has heretofore, for so many generations, honorably dihtinguished the English name. \'o/es, vol. 3- PASSAGE OF THE STAMP ACT. 365 opposition, was also apparently forffotlcn, or wholly overlooked. 15iit interest, if it sharpens the vision of men to their particular advantages, seems sometimes to ohscure perception in regard to the rights of others; such was the case at this time with the States- men of England. Even Pitt, at first, seemed lacking in discern- ment. In 17(50, before the conclusion of the war, he wrote to Fauquier, the Governor of Virginia, that though they had made grants to the colonies, yet when the war was over they should tax them in order to raise a revenue from tliem. Fauquier pru- dently replied, that such an attempt might give rise to much dis- satisfaction.^ Upon further rellection, Pitt became sensible of the impolicy, as well as the injustice of the measure proposed. But others had less acuteness, or were less scrupulous than Pitt. In 1T64, Grenville, the Prime Minister, communicated to the seve- ral colonial agents, his intentions of drawing a revenue from the colonies, and that with this view he should, at the ensuing session of Parliament, propose a duty on stamps. But he was willing that they should consider the subject, and inform him whether any other duty equally productive could be substituted. « But as no proposals which the Minister deemed satisfactory, were made, the contemplated measure was brought forward. The act passed both Houses of Parliament, and on the 22d of March, 1765, it 'Griflith's Historical Notes, p. 15. « Some of the agents made immediate objection to tlie scheme, and wlicii communicated to the colonies, it there met with strenuous opposition. In May, 1701, the people of Boston declared that such a tax "would annihilate our charter rights to govern and tax ourselves; it strikes at our British {)rivileges which as we have never forfeited, wc hold in common with our ft;!low suhjects, who are natives of England. If taxes are laid upon us in any shape, without our having a legal representation where they are laid, wc are reduced from the character of free subjects to the state of slaves." Similar language was used in several of the other colonies. In February, 1765, several of the colonial agents in England waited on the Minister to remonstrate against the stamp bill, and to propose that in case any tax must be laid upon America, the several colonies might be permitted to lay it themselves. The Minister was axsuieit lluit tfie , cotoniafs would readilj/ irrant mcfi aid to tJie Crown as tliey were able lo u;lre, tv/ienevcr called for in a constitutional manner. But Grenville persisted in his plans, and said that he had pledged himself to ofler the stamp bill to the House. Pilkin^s United States, OriJ/ith's Hislurical Notts. 360 OPPOSITION TO THK STAMP ACT. received the lloyal assent.' In the debate on this bill, the Ministry publicly declared that it ivas intended to establish the power of Great Britain to tax the colonies. Upon the passage of the act, the colonial agents were informed that it was not the intention of the Ministers to send stamp ofticers from England, but to appoint respectable persons from among the inhabitants, and the agents were requested to nominate such. William Coxe, Esq., was appointed for New Jersey.* The operation of the act was to ccjmmence on the 1st of November. Probably from an apprehension that some opposition might be made, a supplement to the annual mutiny bill was passed almost at the same time, authorizing the quartering of troops in the colo- nies, and directing the Assemblies to make provision for them, in a manner entirely unusual. The character and tendency of these measures were clearly perceived, and they were met by the colonists with a boldness and unanimity which would seem to have proceeded from a deep and general conviction in relation to their rights, and a strong determination to maintain them. The Assembly of Virginia was the first that met, after the news of the passage of the stamp act was received, and was the first to give a public declaration of opinion. A number of resolutions offered by Patrick Henry were passed by that body, in which the rights of the colonists were stated in the strongest manner. They asserted, that the General Assembly of that colony had the sole right and power to lay taxes upon the inhabitants, and that every attempt to vest such power elsewhere than in the Assembly aforesaid, (ended to the destruc- tion of British as well as American freedom.'' Very soon ajtcr- wards, before the action that had been taken in Virginia Avas known, the subject was taken up in the House of Kcpresciitatives in Massachusetts, and a resolution was passed by that body de- claring it to be expedient that a Congress composed of Commis- ■■ The bill passed the House by a vote of 250 to 50, and the House of Lords with great unaniimty. « Dr. Franklin nominated the agents for Pennsylvania and for New Jersey. Yet tliough in this particular lie forwarded the measures of the Minister, lie still perceived and represented tlie true nature and tendency of the act. ' Sco these resolutions in Wirts' Life of Henry, p. 56. I OPPOSITION TO THE STAMP ACT. H07 sioncrs from all the colonies should be held at New York on the first Tuesday of October, 1765. This measure was recommended ill order that they might consult " upon the present circumstances of tlie colonies, and the difficulties to which they are, and must be reduced in consequence of the late acts of Parliament." Three persons were immediately appointed to attend such Congress, and a circular was addressed to the other colonies urging a similar appointment. TJiis circular was laid before the Assembly of New Jersey on the 20th of June, 1765. But Governor Franklin, who (as his father remarked at a subsequent period,) was "a thorough govern- ment man,"'° was willing to favor and forward the schemes of the Ministry, and his influence was therefore exerted against the present proposal. It must also be acknowledged, that it did not receive from the House the attention that its importance required. The Assembly was then on the point of adjournment, and a hasty and somewhat ambiguous expression of opinion was made, and the Speaker was directed to transmit the answer to the Massa- chusetts Assembly. This answer implied, that the Assembly declined a concurrence in the contemplated movement. But sub- sequent reflection, or intercourse with their constituents, brought the members to a different conclusion, and it was then thought ex- [)cdicnt to attempt a correction of their former proceedings." A '" Franklin's Letters. " These proceedings, with the subsequent measures connected with thein, gave rise to a correspondence of some asperity between the Governor and tlie House. The Governor said, that according to their own expressions, they had taken the proposal from Massachusetts into "dehberate consideration," and had " unanimously resolved against connecting on that occasion." The House declared (July 27th, 1766,) that they acknowledged the letter from Massachu- setts, but that it was on the last day of the session, some members gone, and others uneasy to be gone ; that the Speaker agreed to send, nay, urged that members should be sent to the intended Congress, but that he changed his mind upon some advice that was given him; that this sudden change of opinion displeased many of the House, who seeing the matter dropped, were indillcrcnt about it. But they said that the letter of the House was not such as the Go- vernor represented it, and that if the strong expressions mentioned, were used, an allcration must have liecn made, and they intimated that his Excellency had been insUuiucnlul in making it. Vntc.s, vol. '.i. Ourduii's Hh/i»i/, p. 138. 3G8 OPPOSITION TO THE STAMP ACT. circular was therefore addressed to the members, by the Speaker, and a Convention was held at Amboy, when it was resolved tliat delegates should be appointed to the Congress of New York; accordingly, Joseph Ogden, the Speaker of the Assembly, Ilen- drick Fisher, and Joseph Borden, were appointed. This meeting and the proceedings thereat, were denounced by Governor Franklin as being " unprecedented, irregular and unconstitutional. ^- The meeting of Commissioners at New York was held at the ap- pointed time, (Tuesday, October, 1765.) There were represen- tatives from most of the colonies. '^ This was the first Convention of the colonies for the purpose of considering their rights and privileges, and obtaining redress for a violation of them. They put forth a full and free declaration, and agreed upon petitions anil representations to the King and to Parliament. •'' Some differeni of opinion occurred in relation to the question, whether the peti- tions agreed upon should be transmitted by the Convention, or by the several provincial Assemblies. Messrs. Ruggles, of Mas.- - chusetts, the Chairman of the Convention, and Ogden, of New Jersey, advocated the latter mode, and refused to sign with the other members of the Convention. '- Tliis meeting is worthy of notice. It was not strictly a meeting of the Assembly, but a Convention of the members, and was the first of a series of movements made without the sanction of the Governor. The measure was aj-- proved and defended by the Assem1>ly at their subsequent meeting; it was said that the members present at the time, came together, persuaded that his Excel- lency had declined calling the House, (the Governor, however, asserted that ho had not been applied to,) that though a majority of the Assembly were present they did not meet in any legislative capacity, but to prevent disorder, and pn - serve the peace of the government, and that few would think with his Excel- lency, that it was a violation of the principles of the constitution. '^ Tljerc were delegates from Massachusetts, Rhode Island, Connecticut, IVc York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolii;.,. New Hampshire, Georgia, Virginia, and North Carolina, were not rcj)rosenlcii, but the two former gave assurances of their willingness to unite in petitions to the King and Parliament. The Assemblies of the two latter had not been in session since a proposition for a Convention had been made, and the Governors refused to call special sessions for the purpose, and the independent course pur- sued in New Jersey, was not attem|)ted. "The proceedings of this meeting were of hii;h importance; they are given at length in I'itAuii.i^ Jli.'f/uri/, pp. I'M, 131). Slori/^a L'uiniiitiilurUs, vol. 1, p. I7.'i. OPPOSITION TO THE STAMP ACT. 361) The Assembly of New Jersey was convened on the 27th of November, by the Governor, at the request of the Speaker, Ogden, and some of tlie members of the House. The course thai had been pursued by Oafden in refusing to join in the final proceedings of the Convention at New York, was much disapproved in the province, and in consequence he resigned his seat in the Assembly, and a new Speaker, Cortland Skinner, was chosen. A report of the proceedings of the meeting at New York was laid before the Assembly by the other delegates, and was unanimously approved. A series of resolutions were also adopted reiterating llie views of the Convention, and the House declared that as the late act of Parliament (the stamp act,) was found to be utterly subversive of privileges inherent in, and originally secured by grants and con- cessions from the Crown of Great Britain to the people of the colonv, they considered it a duty to themselves, their constituents, and posterity, to leave a record of their resolves upon their journal.'* ^^ Resolved, 1. That his Majestj^'s subjects, inhabitants of this province, are inviolablj' attached to his Royal person and government; and have ever shown, and we doubt not ever will, their utmost readiness and alacrity for acceding to the constitutional requisitions of the Crown, as they have been from time to time made to this colony. 2. That his Majesty's liege subjects in this colony are entitled to all the inherent rights and liberties of his natural born subjects within the kingdom of Great Britain. 3. That it is inseperaUy essential to the freedom of the people, and the undoubted right of Engrishmen, that no taxes be imposed on them but with their own consent, given personally or by their Re- presentatives. 4. That the people of this colony arc not, and from their remote situation, cannot be represented in the Parliament of Great Britain; and if the principle of taxing the colonies without tlicir consent, should be adopted, the people here would be subjected to the taxation of two legislatures; a grievance unprecedented, and not to be thought of witbuu! the greatest anxiety. 5. That the only representatives of the people of thi? imIiuv are persons chosen by them- selves; and that no taxes ever have been, or can be imposed on them, agreeable to the constitution of this province, granted and confirmed by his Majesty's most gracious predecessors, but by their own legislature. 6. That all supplies being free gifts, for the people of Great Britain to grant to his Majesty the pro- perty of the people of this colony, without their consent, and being represented, would be unreasonable, and render legislation in this colony useless, in the most essential point. 7. That the profits of trade arising from this colony, cen- tering in Great Britain, eventually contributes to the supplies granted there to the Crown. 8. That the giving unlimited power to any subject or subjects, to 47 i 370 OPl'OSITION TO THE STAMP ACT. Immediately afterwards the House was prorogued by the Gover- nor, and his Excellency took this opportunity to express his dis- satisfaction with the late transactions, and his surprise) at tli' present proceedings of the House, especially their approval of tin meeting at Amboy. The opposition to the stamp act was so general and decided thoughout the colonic:?, that before the time for its operation arrived (November 17th,) neither stamps or stamp othcers were to be found. In New Jersey, beside the acts that have been noticed, the sen^' of the people was otherwise expressed. In September, Coxe, tli' stamp officer for the pi-ovince, voluntarily resigned, and sub.-i quently published a copy of his resignation and declared that in had appointed no deputy, and would never act under the law. In different places throughout the province the people in public declarations, or by other means, manifested their opposition to an observance of the act.'^ After the time had arrived for the opera- impose what taxes they please in the colonies, under the mode of regulating the prices of stampt vellum, parchment and paper, appears to be unconstitutional, contrary to the rights of the subjects, and apparently dangerous in its character. 9. That any incumbrance, which in effect restrains the liberty of the press in America, is an infringement upon the subject's libertj'. 10. That the extension of the powers of the Court of Admiralty, within this province, beyond its ancient limits, is a violent innovation of the right of trial by jury, a right which this House, upon the principles of tlieir British ancestors, hold most dear and in- valuable. 11. That as the tranquility of this colony hath been interruptnl through fear of the dreadful consequences of the stamp act, that therefore i^ otricers of the government, who go on in their offices for the peace and good oi the province in the accustomed manner, while things are in their present un- settled condition, will, in the opinion of this House, be entitled to the coum. - nance of the legislature; and it is recommended to our constituents, to uscv\I endeavours lie in their jiower, to preserve the peace, quiet, order, harmony, mid good order of the government, that no heat.s, disorders, or animosities, may in the least obstruct the united endeavours that arc now strongly engaged for ilu' repealing of the act above mentioned, and other acts affecting the trade of il; • colonies. Vofes, vol. 3. Corilnu'-s New Jersey, p. llti. "' The freemen of the county of Essex made strong declarations, asserting t!i the act was unconstitutional, and that they would in no wise give it counfeiiai ■ or support. The inhabitants of Salem learning that John Hatlon, a residrwl there, was desirous to be employed iu the distribution of stamps, obliged liiin fn relinciuish the design. These measin'cs of resistance were urged and supporic .1 RKITAL OF THE STAMP ACT. 371 tiou of the law, as the use of all but stamp paper was forbiiUlon in formal transactions, a period of much confusion occurred; the courts were closed, and business was almost suspended. But tiiis period was of short duration ; the colonists resolved to brave the consequences. In February, 1760, a meeting of the members of the bar, in New Jersey, was held at New Brunswick, to consider the propriety of continuing their practice, and they determined to resume it on the ensuing April, without any regard to the act. The public offices were soon afterward re-opened.'^ It was fortunate that whilst these transactions were taking place ih America, a train of circumstances unconnected with colonial affairs, led to a change of the Ministry in England. The Gren- ville party were displaced, and were succeeded by an administra- tion with different views. The Parliament was opened by a speech from the Throne, in which his Majesty declared that he had "firm confidence in their wisdom and zeal, which he trusted would guide them to such sound and prudent resolutions as might tend to preserve the constitutional rights of the British Legislature in the colonies, and restore them to that harmony and tranquility which had been interrupted by disorders of the most dangerous nature." The new Ministers were disposed to measures of i-elief, but their action was accelerated (though perhaps its direction was somewhat changed,) by the subsequent debate. Pitt came forward upon the motion for the address, and condemned in the most posi- tive terms, the act for collecting stamp duties, and declared that Parliament had no right to tax the colonics. He j^et asserted, that "the authority of the British government is supreme in every circumstance of government and legislation whatever," maintain- by an association of persons who styled themselves " Sons of Liberty," and wliosc special olijcct was, to prevent any attempt to carry the stamp act into exe- cution. This association had originated in Connecticut aiTd New York, and bound themselves, among other things, to march to any part of the continent, at their own expense, to support the British constitution in America, l)y which, it was understood, and stated, that an opposition to the stamp act was meant. The association finally extended into other colonies; they were in active operation in New Jersey. "Gordon, p. 138. 372 REPEAL OF THE STAMP ACT. ing the proposition, that taxation is no part of the governing power, but that taxes were a voluntary gift and grant of tlie people. He recommended that the stamp act should be repealed, ahsohitcly, totally and immediately. These views were strongly opposed by the late Ministers, especially by Grenville who manifested the greatest hostility to American interests and claims, and urged the execution of the stamp act at every hazard. He said that the dis- turbances in America were growing to tumults and riots, and if the doctrine he had heard that day, should be confirmed, he feared that instead of riot, there would soon be revolution. He contended that taxation was a part of the sovereign power, and that it might be, and had been exercised over those who were not represented. The administration, with their supporters, resolved upon an inter- mediate course. The stamp act was totally repealed, but the repeal was attended by a "declaratory act," in which the power and right of Great Britain to bind the colonics in all cases ivhatever, Avas as- serted.'^ The repeal and the declaratory act passed the House to> and misprisions o[ treason committed within his government simi the year 1767, with the vanies of the persons who had been active in promoting them ; that prosecutions might be instituted against them "within this realm, pursuant to the provisions of the Statute of the 35lh, of Henry VIII." The King, in reply, assured Par- liament of liis (Iclcrmination to give orders for bringing the authors of the disorders in Massachusetts to "condign punishment."^ Though these proceedings were directed especially against Mas- sachusetts, vet all the colonies considered tliemselves atreclrd therein. The threat to transport ibe colonists to I'tiL'^land for trial I'llkiii's Hi.-liirv. (iiillilli's .\.>lf.x. I'n.ir Doi-nimiitt' OPPOSITION TO THE NKW TAXES. 8^1 excitpcl strong indisriiation. The Assembly of New Jersey, (in accordance with the previous action of the House of Burgesses in Virginia,) passed a resohition, that all trials for treasons or mis- prisions of treason, or any felony or crime whatever, committed by any person residing in the colony, ought to be in, and before, his Majesty's courts in the colony; and that the seizing any per- son residing in the colony suspected of any crime committed there, and sending such person to places beyond the seas to be tried, is highly derogatory of the rights of British subjects; as thereby the inestimable privilege of a trial by a jury of the vicinage, as well as the liberty of producing witnesses in such trial, will be taken away.* Notwithstanding the strong resolutions of Parliament already noticed, an attempt was made in the winter of 1769, to obtain a repeal of the act imposing the new duties. But the proposal was resisted at the time; it being represented that it was an improper season to yield to the demands of the colonists ; it would be time enough, it was said, when they had shown a disposition to submit. Lord North declared, that though prudence or policy might here- after induce Parliament to repeal the acts, he hoped-it would not be thought of, until America was prostrate at their feet. Yet, in May, after the close of the session, Lord Hillsborough directed a circular to the Governors of the several colonies, in which he gave an assurance, "notwithstanding insinuations to the contrary," that the existing administration had at no time entertained a design to lay farther taxes in America for the purpose of raising a revenue, and that it was their intention to propose, at the next session of Parliament, to take oft' the duties on glass, paper, and colours, upon consideration that these duties had been laid contrary to the true principles of commerce. But beside the uncertainty as to the final fulfilment of these declarations, they were not such, as to their ground, or their scope, as could give satisfaction.* Hence the colonists continued their efl'orts to maintain their claims. Be- side renewed declarations, non-importation agreements were gene- * Resolution, passed December 6lli, 1769. " Tlic Scrretary proposed hut a parti il rcpeul, aiilo articles, but upon urgent representations from other places, especially from Boston, the general system was acceded to. But in New York the exclu- sive system was not generally observed ; articles not dutiable were imported, notwithstanding the agreements previously formed. These delinquencies were strongly censured in New Jersey. At a meeting of the freeholders, merchants, and traders of the county of Essex, it was resolved, that they would not them- selves, or by others, receive, purchase, sell, or otherwise use any articles imported from Cireat Britain, contrary to the agreement, and that they would not trade nor have any commercial intercourse with j)crsons who should import goods, or cause them to be imported, or with any person who should purchase goods so imported. Pitkin. Gordon, p. 147. OPPOSITION TO THE NEW TAXES. 383 the obstructions to trade, but wished to uphold the supremacy of Parliament, and the measures of Lord North were taken accord- iniily. The bill repealing' the revenue act, reserving only the duty on tea, was passed on the 12th of April, 1770. This compromising course was by no means calculated to satisfy the colonists. They had not objected to the number of articles subjected to duty, or the amount obtained; it was the principle to which they were opposed, and this principle was retained. Hence, the partial repeal of the acts was not received in the manner the Ministry probably expected. The colonists considered the reten- tion of the duty on tea as being designed to establish a " precedent against them."" In regard to the article reserved, the non-im- portation agreements were rigidly observed, and a feeling of merely mitigated distrust was generally prevalent. Nor was this without reason; beside the "precedent against them," other enactments continued in force which bore heavily on the interests, or were irritating to the feelings of the colonists. The "sugar act," which had been in operation prior to the passage of the stamp act, was yet in existence. Tlie act establishing a Board of Comnnssioners of the revenue, the mutiny act for quartering soldiers in the colo- nies, and that for suspending legislation in New York, were yet unrepealed, as was also the declaratorv act which asserted the supreinacv ol" Parliament in all cases whatever. New causes of uneasiness were soon superadded. The continuance of the soldiery in Boston was a source of constant irritation, and quarrels between the troops and the citizens were of frequent occurrence. At length an actual collision occurred, and the people were lired on by a party of soldiers, and several persons were killed. Tiiis event was felt throughout the whole of the colonies. Massachusetts, already deeply stung by this occurrence, was soon afterwards ag- gravated still farther. Disputes had occurred between tlie Gover- nor and the Assembly in relation to the tax bill for the support of government, and as neither party would yield, no tax bill was passed. Jn 1772, information was received that j)rovisi(;n had been made by the Crown for supporting the Governor, intlcpen- . dent of the Assembly. No measure since the passage of the stamp " Virginia Resolves. 381 OPPOSITION TO THR NEW TAXES, act excited more general dissatisfaction than this, and it was solemnly protested against as tending to fasten upon the province a despotic administration of government. Yet it was afterwards extended by granting independent salaries to the Judges of the Superior Court. 'J'he disturbed state of feeling in consequence of these occur- rences, led to frequent meetings of the people, and at a meeting held in Boston, in November, 1772, a committee of twenty-one persons was appoiirted to state the rights of the colonies in general, and of their own province in particular, and the committee were authorized to publish the statement to the several towns of the province, "and to the world." A strong and full statement was accordingly made. In March, 1773, the Assembly of Virginia, (it ma}' be with the knowledge and in support of the proceedings in Massachusetts,) passed a series of resolutions concerning the measures of Parliament, one of which provided for the appoint- ment of a committee of correspondence and inquiry, to obtain early and authentic intelligence of such acts and resolutions of Parliament as might relate to America, and to maintain a commu- nication with the sister colonies. This measure was met by cor- responding resolves in most of the colonies. On the 8th of Feb- ruary, 1774, the Assembly of New Jersey resolved tliat "a com- mittee of correspondence antl iiujuiry be appointed to obtain the most early and authentic intelligence of all acts and resolutions of the British Parliament, or the proceedings of administration, that may have any relation to, or may effect the liberties and privileges of his Majesty's subjects in the British colonies in America, and to keep up and maintain a correspondence with our sister colonies respecting these important considerations ; and that they occasion- ally lay their proceedings before the House. "'-^ It was also agreed that the resolution of the House slioukl be transmitted to the As- semblies of the several colonies, and that thanks should be returned to the Assembly of Virginia for their early attention to the liberties of America. "TliR cominittro ap|iointP(l were .Inmrs Kinsry, Stc|>lien Crano, llrndrick Fwher, t^amuel TinktM, John Wcllicrili, KoIumI I'ricini Price, Joliii Hiiifliinan. •lohn Mehelm, and Edward 'rii3li)r. J'o/fj., vol. 3, y. 122. Cordon, p. 154. THE TEA DrXY. 3R5 Before these measures for fjaininjr information and securinjr in- tercourse and concert among tlie colonies were completed, atten- tion was excited to a new proposal of the Ministry. They resolved upon a new attempt to draw a revenue from America by means of tlic reserved duty on tea. The determination of the colonists had nearly arrested the trade in this article ; the amount received Avas but small, and this was mostly introduced by smuggling, carried on by the French, Dutch, and others. In consequence, large quantities had accumulated in the ware-houses of the East India Company, for which no market could he found, and the afiairs of the company were becoming embarrassed.'" Under these circumstances, an expedient was resorted to, M'hich, it was supposed, would be the means of sustaining the company, and at the same time of drawing a revenue from America. In May, 1773, the Minister (Lord North,) brought forward a motion in the House of Commons to allow the East India Company to export such quantities of tea then remaining in their ware-houses, as they should think proper, to British America, duty free. Accordingly, in June, it was enacted that the whole of the duties payable on teas sold by the company, and exported to the colonies, should be dream back, in other words, that there should be no export duty paid on the teas sent there. As the export duty had been 12d per pound, and the import duty in America Sd per pound, the article could thus be furnished at a reduction of 9d per pound in the colonies. It was supposed that this would reconcile the traders and people to the payment of the duty. But the character and views of the colonists were wholly misunderstood, it was not the amount to be drawn, that was considered by them, but the manner in which it would be done. Whatever might be the actual cost of the article, no part could be paid as duty without a sur- render of principle; without an acknowledgement of the right of Parliament to impose the duty. But it was believed that interest would be stronger than principle, and under this idea the company ;i mediately shipped large quantities of tea to different ports in America, consigned to particular friends, or the friends of the " Seventeen millions of pounils were said to bo remaining in the houses of the company. V.) 386 THE TEA T)TTTY RESISTED. government. But the result was far different from the expectation. The Americans seemed to rise up against the attempt, as by one impulse. Opposition was even made to the landing of the tea; it was perceived that if once landed, the duty would be paid by the consignees, and it might then be difficult to prevent its sale and consumption. In Philadelphia, notice was given in advance of the expected arrival of the tea ship, and measures were taken by which the landing of the cargo was effectually prevented.'^ In other cities a similar spirit was shewn. In Charleston the tea was landed but was stored and could not be sold, and was finally lost; in New York none was allowed to be sold. In Boston, the landing was opposed, and on the 18th of December, the tea was taken from the ship, and the whole amounting to three hundred and fort} -two chests, was emptied into the sea. In Noav Jersey no occasion for a particular demonstration of feeling occurred at the time; but, as M'ill presently be seen, a similar spirit prevailed. The Parliament of England met in January, 1774, and not long afterwards information was received of the transactions that had occurred in America. On the 7th of March, the Premier delivered a message from his Majesty to the House of Commons, inform- ing them, that the most unwarrantable practices had been carried on in America, particularly at the town and port of Boston, the Avhole of which proceedings he thought proper to lay before Par- liament, confiding in their zeal for the maintenance of his Majesty's authority, and that they would adopt the necessary measures to put an immediate stop to these alarming disorders. The House, ill reply, expressed their readiness to comply with the purport of his Majesty's message, and accordingly, on the 14tli of March, a bill was introduced to prohibit all commercial intercourse Avith tlie town or port of Boston, after the 1st of June following. This bill soon passed both Houses and became a law. Another was prepared "to regulate the administration of justice in the Massa- chusetts Bay;" and on the 20th of May this also was passed. By the former of these, the "port bill," the commerce of Boston was destroyed, and by (he latter, the people of the province were "For a cirrumstantial account of the proceedings in Philaflelphia, sre Hazard's Hefi^ifler, vol- 3, y>. 310. TUK TEA DUTY KKSISTED. 387 deprived of some of the most important of their charter privileges and rights. The appointment of nearly all the officers belonging to the whole civil establishment was given to the Governor, subject to removal by his Majesty; and besides the organic changes in the government, the primary action of the people in their common town meetings, was closely restricted.'' These restraints were di- rectly opposed, not only to the charter rights of the colonists, but also to the common privileges of the subject, and hence were strong- ly opposed by Barre, Burke and others of the House of Commons, and by several noblemen in the House of Lords."' But the bill was passed by decided majorities, and General Gage was appointed Governor to carry out the acts. The Ministry no doubt sup- posed that these decisive measures would lead to immediate sub- mission, but this was far from being the case. Almost as soon as the port bill was received, a meeting of the citizens of Boston was held to consider the same, and it was then resolved, that "the impolicy, injustice, inhumanity, and cruelty of the act exceed all their power of expression," and therefore they said "we leave it to the censure of others, and appeal to God and the World." '^ But they declared their opinion, that if the other colonies would agree to stop all importations from, and exportations to Great Britain, and the West Indies, until the act was repealed, it might prove the salvation of the colonies. These resolutions with the act itself were soon circulated throughout the colonies, and as the opposition to the tea scheme had been general, all were ready to make common cause with the principal sufferer. This dispo- sition was manifested not only in expressions of sympathy, but also by almost unanimous declarations in favor of a meeting of the colonies. Town meetings were declared illegal, unless held by the special assent of the Governor, given in writing, expressing the special object of the meeting, except the annual meetings for the choice of certain oliicers, and at these meet- ings no other matter should be treated of except the election of such oflicers, and nothing at any other meeting, except the business expressed in the have given by the Governor. "= It was during this discussion that Burke delivered his celebrated speech on American taxation. Sec Chaprucm's Speeches, p. 39. 'U'itkiii, vol. 1, p. 170. 388 CONGRESS OF THE COLONIES. The first of June, the day upon which the "port bill" was to go into operation, was observed in many places, in accordance with a recommendatioji from Virginia, as a day of mourning. , On that day the committee of correspondence that had been appointed in New Jersey by the House of Assembly, replied to the communication that had been received from Massachusetts; they expressed their sympathy with the people of Boston, and condemned in strong terms the course of the Ministry. Soon after- wards public meetings were called in different places thoughout the province. The first of these took place on the 6th of June, at Lower Freehold.'*^ On the 11th of the same month a meeting of the citizens was held at Newark, in the county of Essex, by which a circular was directed to be sent to the other counties of the province. *3 In this circular the late oppressive measui-es of Parliament in relation to the colony of Massachusetts were noticed, and it was set forth that as the neighboring colonies were preparing for a general meeting, and as the Assembly was not likely to be in session in time to answer the end proposed, it was proper and important tliat meetings should be held in the counties to appoint committees to meet together and take mea- sures for acting with the other colonies. New Brunswick was pro- posed as a proper place for the meeting of the committees, and the 21st of July next ensuing as the time. Similar move- ments preparatory to a General Congress were taken in nearly all the colonies, and it was proposed that the Congress should meet at Philadelphia, on the 1st of the succeeding September. The mode of choosing delegates to the Congress diflered in the several colonies ; in some, they were chosen by the Assembly, in some they were appointed by the committees of correspondence, acting by authority from the Assembly, and in others they were chosen by committees, which committees had been elected direct- ly by the people. The latter mode was pursued in New Jersey though it was probably adopted at the time rather from necessity than preference; the Governor, though earnestly requested, refused to convene the Assembly, and hence the object could oidy '" Proceedings of New Jersey Historical Society, vol. 1, no. t. '■' 8ec this circular in proceedings of N. J. Historical Society, vol. 1, p. IHG, CONGRESS OF THE COLONIES. 389 be readied by the immediate action of the people themselves. In compliance with the recommendations in the circular from Essex, the people assembled at their respective county towns and appointed committees to meet at New Brunswick for the purpose of choosing delegates to the General Congress. The county committees thus chosen met at the appointed place on the 21st of July, 1774. Seventy-two person's were in attendance. Stephen Crane was chosen Chairman, and Jonathan D. Sergeant, Clerk. Resolutions were passed expressing the sense of the meeting, in reference to the proceedings of Parliament, and a general committee of correspondence was appointed.-" James Kinsey, William Livingston, John De Hart, Stephen Crane, and Richard Smith, were chosen to represent the colony in the General Congress, and suitable credentials were given them.-' On the 5th of September, 1774, the General Congress met at Philadelphia. Delegates were present from eleven of the colonies, and on the 14th those from North Carolina appeared. ^^ Peyton Randolph, one of the delegates from Virginia, was chosen Presi- dent, and Charles Thomson, a citizen of Philadelphia, was ap- pointed Secretary. Rules for directing the preceedings were at once adopted. A body was thus organized, acting directly by This coinmiltee consisted of William Peartree Smith, John Chetwood, Isaac Ogdcn, Joseph Borden, Robert Field, Isaac Pierson, Isaac Smith, Samuel Tucker, Abraham Hunt, and Hendrick Fisher. Gordun, p. 157. ■*' " To James Kinsey, William Livingiton, John De Hart, Stephen Crune,and Richard Smith, Esqrs., each and every of you. "The committees appointed by the several counties of the colony of New Jersey, to nominate deputies to represent the same in General Congress of deputies from the other colonies in America, convened at New Brunswick, have nominated and appointed you, and do hereby nominate and appoint you, and each of you, deputies to represent the colony of New Jersey in the said General Congress. In testimony whereof, the chairmen of the said several committees here met, have hereunto set their hands this 23d of July, in the 14th year of the reign of our Sovereign Lord King George the Third, and in the year of our Lord 1774. Signed, William P. Smith, Jacob Ford, John Moorcs, Robert Johnson, Robert Field, Robert Friend Price, Peter Zabriskie, Samuel Tucker, Edward Taylor, Hendrick Fisher, Archibald Stewart, Thomas Anderson, Abia Brown, Mark Thompson." Griffith's Notes, p. 103. " Georgia was not represented. 390 CONGRESS OF THE COLONIES. the consent, and on belialf, of the people of the colonies. The Congress adopted a general declaration of rights, agreeing mainly with that of the Congress of 1765. The several acts of Par- liament which were considered oppressive, were recited, to which it was said " America cannot submit." They agreed upon peti- tions to the people of England, to the King, and to the neighboring English colonies, and these addresses were marked by a high de- gree of wisdom and force. They adopted and signed, on behalf of themselves and their constituents, certain articles of association containing an agreement of non-importation, non-exportation and non-consumption. They agreed to resolutions of sympathy with the people of Boston, and approval of the fortitude that had been shewn in their resistance to the threatening measures of Parlia- ment, and declared, that if attempts should be made to carry the same into execution by force, all America ought to join in the opposition. They further recommended that contributions should be made for the relief of the people of Boston whilst its com- merce was suspended, and resolved that another Congress should be held at the same place on the 10th of May succeeding, unless redress should first be obtained. After a session of fifty - one days the Congress dissolved. ''' Their proceedings were such as to command attention, and inspire respect. Lord Chatham declared that though he had studied and admired the free states of antiquity, yet " for solidity of reasoning, force of sagacity, and wisdom of conclusion, no body of men could stand in preference to this Congress." The recommendations of Congress in regard to contributions in aid of the people of Boston were complied with, or perhaps were partly anticipated in New Jersey. Assistance was sent them from diflerent parts of the country. ^-^ The " sympathy" "Story's Commentaries, GrifFith's Notes, Pilkiii's History. In tlie two laiit r tlie proceedings arc given in detail. *' The people of Monmouth sent their "i)rcsenl" and wrote to their brethren of Boston "not to give up, and if they should want a further sujiply of bread, to let them know." The people of Elizabethlown (July 28th, 1774,) addressed the committee of correspondence in Boston. They said '"the arbitrary and cruel oppreasion under which your metropolis now labours from Uie suspension of commerce, must inevitably reduce multitudes to inexpressible diflk-ulties ami PROCEEDINGS OF CONORESS APPROVEn IN NEW JK.RSEY. 301 bptween the people of Boston and those of New Jersey was also shewn in a diflerent mode. The temper exhibited by the former in destroying the tea, seems to have been emulated by the latter. On the 16th of November a vessel with a cargo of tea (probably a portion that had been withdrawn from other places) was sent into the Cohansey and landed at Greenwich. The scene at Boston was here re-enarted, though in a manner some- what different ; the whole quantity of tea was seized, carried to an open place, and there burnt to ashes.-' Early in January, 1775, the General Assembly convened. The proceedings that had taken place in the province had met with no support or approval from Governor Franklin. On the con- trary, he had done all in his power to impede them. As already noticed, he had refused to summon the Assembly at a former period according to the request and petition of the people. In his Excellency's address to the House he declared, that he felt him- self bound in duty to notice the lafe alarming transactions in this and the neighboring provinces, and to endeavor to prevent the mischief that might ensue. He condemned especially the inde- pendent course of action that had been pursued in the measures loading to the appointment of delegates to the Congress, and in the proceedings of that body. " It is not for me," he said, " to decide the particular merits of the dispute between Great Britain and the colonies, nor do I mean to censure those who conceive themselves aggrieved, for aiming at redress. All I would wish to guard you against is the giving countenance to that destructive mode of proceeding which had been adopted, in part by some of llic people of this colony, and, carried so far in others as totally to subvert their former constitution." "You cannot," he said, '* without a manifest breach of your trust, suffer any body of men in ihis or the other provinces, to usurp and exercise any of the powers vested in you by the constitiition. It behooves you to distress." They requested to be advised in what way they co\iId most acceptably contribute to their necessities, whether by money or articles of jirovisjon. or any other necessaries, and that such remittances should be made as soon as an answer was received. In Salem, the sum of £147 was sent by "the committee for the distressed and sulTering poor of Boston." •Johnson's Salem, p. 12:3. 392 PUOCEEDINGS OF CONGRESS APrROVED IN NEW JERSEY. be extremely cautious in consenting to any act whereby you may engage the people as parties, and involve them in difficulties far greater than those they aim to avoid. Nor is there the least ne- cessity, and therefore not the least excuse, for running such risks. If you are disposed to represent to the King any inconveniences you may think to exist, I can assure you that such representa- tions will be properly attended to, and certainly will have a greater weight coming from each colony in their separate capa- city, than through a channel the legality of which there may be reason to doubt." The Governor was evidently desirous to pre- vent a confirmation by the Assembly, of the acts of the General Congress. But his endeavors were fruitless. A few days after- wards, (January 24th,) the delegates to Congress made their report to the House, laying the whole proceedings before them. The report, with the proceedings, were unanimously approved^ only that such as were Quakers excepted to those parts which wore the appearance, or might have a tendency to force, as being inconsistent with their religious principles. The Assembly also resolved that the same persons should be the representatives of the colony in the future Congress, and report their proceedings at the next meeting of the House. The representatives were instructed to agree to every reasonable and constitutional measure for the removal of the differences between the mother country and her colonies. They were also directed not to agree to any measure intended to give some of the colonies greater weight in voting, than the others, except with the condition that a vote so taken should not be binding upon any colony without the assent of its delegates.-*^ Besides these acts of the Assembly tliey replied to the Gov- ernor's address. I'hey mentioned, that if, in accordance with the petitions that had been otfered to his Excellency, an earlier opportunity for the transaction of the business of the provinci had been given, some of the "alarming transactions'' whicli Wci' said to have occurred, might possibly have been prevented. They said that no arguments were necessary to induce them i' '■ In the Congress, each colony lunl hccn iillowccl one vole, but ;itlrni|its hud boon iikkIo to give a groutcr nunii>or to llie liiii.fcr States. COKUC'IVK MK.\SI'RKS OF KNOl.AND. 893 ^uard the interests and welfare of the people ; that the interests of their constituents were inseperable from their own, and that they should assent to no measures destructive to their welfare ; that they professed to be loyal subjects of the Kins, from whose goodness they hoped to be relieved from their present unhappy situation, and that they neither intended to usurp the rights of others, or allow any vested in them, to be taken out of their hands. They hoped that the difl'erences between Great Britain and her colonies would be removed, on principles consistent with the rights and interests of both, and hence, although they could not perceive that the separate petition of one colony, would be likely to effect more than the united application of all, they still would pursue the mode which his Excellency had mentioned, hoping that the act would meet with the notice he had promised. The dispositions of the House were sufficiently manifested, and were lully perceived by the Governor. "It is now," he said, " in vain to argue, as you have with most uncommon and unne- cessary precipitation given your entire assent to that destructive mode of proceeding, I so earnestly warned you against. Whe- ther, after such a resolution, the petition you mention can be expected to produce any good effect, or whether you have con- sulted the true interests of the people, I leave others to deter- mine."-'' The legislature made their petition, but, as was the case with others, it was spurned from the throne. The British Parhiunent met on the 29th of November, 177i. The King informed them that most daring resistance to the laws continued to be made in Masstxchusetts, and tluit the proceedings there had been countenanced in other colonies, and that unwar- rantable attempts had been made to obstruct the commerce of the kingdom by unlawful combinations. His Majesty expressed his reliance upon their aid to maintain the authority of Parliament throughout all the dominions subject to the Crown. The answer of the C/ommons entirely concurred widi the views of the King. But the purposes of the Ministry, if formed at the time, were nut lully explained. The First Lord of the 'I'reasury merely an- nounced, that after the usual recess for the holidays he would ■'■ Votes of February .3cl, 1775. Gordon, p. 158. 50 394 COERCIVE MEASURES OF ENGLAND. bring' tlio papers rclalinir to America to the notice of the House. ^^ Upon the assembling of Parliament, on the 20th of January, Lord Dartmouth, the Secretary for the Colonies, produced in the House of Lords, the papers from America. A motion was immediately made by the Earl of Chatham, for an address to his Majes- ty, to remove the forces from the town of Boston. He urged the necessity of this step as preparatory to the settlement of the dangerous troubles in America. The Americans, he said, would never be in a temper or state to be reconciled, they oughi not, until the troops were withdrawn. " The door of reconcilia- tion," he said, " should be opened immediately : it will soon be too late. Whoever has counselled the King to the present measures ought to answer for it at his utmost peril, and if his Majesty shall continue to listen to such counsels he will be undone ; he may wear his crown, but the American jewel out of it, it will not be worth the wearing. The Americans say, that we have no right to tax them without their consent, and they say truly ; representation and iaxation must go together, they are inseperable. The Americans he said do not hold the language of slaves, they speak out; tliey do not ask a repeal of our laws as ^. favor, they claim it as a right ; they demand it, they say they will not submit to them, and I tell you the acts must be repealed ; you cannot enforce them." But the motion of Lord Chatham, though urged by him with such eloquence as has seldom been heard, and though supported by Lords Camden, Shelburne, and others, who were among the wisest and ablest statesmen of the realm, was yet rejected by a large majority. ^s Almost at the opening of business in the Commons, numerous ** Notwithstanding the apparent hesitation of the Ministry, there is reason lo believe that forcible measures had then been resolved on, in case the colonics persisted in their course. Lord North declared to Mr. Quincy (who was then in England as Special Agent from Massachusetts,) that "we must try what \vr can do to support our autliority. If wc are defective in power, we must sit down contented and make the best terms we can, and nobody can blame us after wc have done our utmost." In a letter to Keed, of Piiiladclpiiia. dated December 17th, Quincy declared, "I look to my countPinien with li»e Icelinijs of one who verily believes that tlicy must yet seal their faith ami constancy lo their liliertics with blood." *' 'J'licrc wore but 18 Loids for the motion, .iwd 77 against it. COERCIVE MEASURES OF ENGLAXn. 395 petitions were presented relating to American affairs. The prin- cipal trading and manufacturing towns in England, presented addresses, showing the injurious effects of the disputes with America upon the commercial interests of the country. A motion was made to refer these petitions to the committee on American papers, but an amendment was moved on the Ministerial side, that they should be referred to a separate committee, to meet on the tM'enty-seventh, the ilay folloiving that appointed for the consi- deration of American papers. This amendment was carried by a decided vote, and thus all the petitions were virtually rejected, being given to the body which was called by Burke, "the commit- tee of oblivion." The petition from the American Congress to the King which his Majesty had referred to the House, was directly rejected. All measures tending toward an accommoda- tion being thus disposed of, the Minister proceeded to unfold his plan by moving a joint address to the King on American affairs. This address declared that Massachusetts was in « stole of rebellion, and that this colony had been supported by unlawful combina- tions and engagements entered into by other colonies, to the great injury and oppression of his Majesty's subjects in Great Britain. It assured his Majesty of their determination never to relinquish the sovereign authority of the King and Parliament over the colonies, and requested him to take the most effectual means to enforce their obedience, and promising that Parliament would support him at the hazard of their lives and property. The motion was carried in the Commons by a large majority. In the House of Lords very animated debates occurred, but the motion for concurrence was finally carried by a very decisive vote. 30 By the adoption of this address it has been said, and truly, " The Lords Richmond, Craven, Archer, Abergaveny, Rockingham, Wy- combe, Courtenay, Torrington, Posonby, Chalmondely, Abingdon, Rutland, Camden, ElTingham, Stanhope, Scarborough, Fitswilliam, and Tankerviile, protested against the address "as founded on no proper Parliamentary informa- tion being introduced by rcfiising to suffer the presentation of petitions against it (thougli it be the uiidoul)tcd ric;lit of the suiject to present the same; as fol- lowing the rejection of every mode of concihation ; as holding out no substantial offer of redress of grievances ; and aa promising support to those Ministers who had inflamed America, and grossly misconducted the affairs of Great Britain, 390 COERCIVE MEASURES OF ENGLAND. that Parliament "passed the Rubicon." The answer from the Throne gave assurances, that the most speedy measures should be taken for enforcing obedience to the laws and authority of Parliament. A message was also sent to the Commons inform- ing them that an augmentation of the forces would be required. Soon afterwards additional measures were proposed by the Min- ister. On the 10th of February he moved for leave to bring in a bill to restrain the trade of the colonies of Massachusetts, Con- necticut, New Hampshire, and Rhode Island, to Great Britain, Ireland, and the British West India Islands, and prohibiting these colonies from fishing on the banks of Newfoundland. In support of this measure it was said, that as the Americans had refused to trade with the mother country, they ought not to be permitted to trade with any other, and it was subsequently proposed that the restrictions should be extended to all the colonies, excepting New York, North Carolina, and Georgia. These exceptions were probably made with the view of producing disunion among the colonies. But if such was the design, it signally failed. 3' During the pendency of this proposal in Parliament, Lord North surprised liis political friends, as well as opponents, by coming forward with a "conciliatory plan" which he ofl'ered on the 20th of Feb- ruary to the House of Commons. This project was represented by him as an "infallible touch stone" to try the Americans; he said that if their opposition to the measures of Parliament was really founded on the principles advanced, they must agree to the present proposal, and that its rejection would be proof tliat their " The particular reasons for the selection of these colonics as objects of favor arc not entirely clear. IJut the tardy ai)i)earanccs of Ihc ilcputios from IS'orih Carolina, in Congress, and the entire lack of any representation from Cicorgi;i. may have possibly been considered. In the case of New York, the former ri fusal of the traders of her principal city to adhere to the non-importation agree- ments, could hardly have been forirotten. Beside this. New York refused, in regard to certain particulars, to accede to the recommendations of Congress. If this refusal which was made in Juuviary, was known to the Minister at the time of making his proposal, (March 12,) it was probably the principal ground of the exception in favor of tiiis colony. But New York eventually concurred in the measures of Congress, and none of the excepted colonies were at all disposed to avail themselves of the proflerod advantages; on the contrary, they rather regarded the olTcr as an injury. COERCIVE MEASURES OF ENfiLANO. 397 purposes were not such as had been openly avowed. To this plan no party at first was favorably disposed, but upon further reflection or explanation, the friends of the Minister agreed to its support.22 It was finally adopted by a large majority. Other concdi- atory proposals which were offered, were rejected ; the "restrain- ing bills" were passed, and the determination of the colonists between the pacific proposal of the Minister, and the threatened coercive measures, was awaited. But it was thought important that means should be used for the prevention of union and concert of action in the colonies. Early in January a circular had been directed by Lord Dartmouth to the Governors of the several colo- nies, in which his Majesty's pleasure was signified, that every endeavour should be used to prevent the appointment of deputies to the Congress which was proposed to be held on the 10th of May. It was supposed or hoped that a defection of some of the colonies would take place. But this was not the case. In New Jersey the Assembly had been in advance of the Minister; dele- gates were appointed before the circular was received,'''' and similar "The conciliatory plan provided "that when any colony should propose to make provision according to its condition and circumstances, for contributing its proportion for the common defence, to be raised under the authority of the General Court, or Assembly of such co\owy , and dispo.sahh hy Parliament, vlwA shall engage to make provision also for the support of civil government, and the administration of justice in such province or colony; it will be proper, if mch proposal shall he approved hy his Majesty in Parliament, and for so long as such provision shall be made accordingly, to forhcar in respect to such colony to levy any duty, lax, or assessment, except only such duties as it may be ex- pedient to levy or impose, for the regulation of commerce; the nett proceedings of the duties last mentioned, to be carried to the account of such colony respec- tively." The spcciousness of this plan Jed many to suppose that important concessions were to be oflbrcd to America, and hence the liigh prerogative party hiudly condemned it, and thought ihemsolveH betrayed by the Minister. But this opposition was quieted by closer examination, and by the cx| lunations that were made. It was represented by T-ord North, or his coiifulants, that the plan would probably be rejected by most of the colonics, but would teml to disunite them; and the offer of such terms would also satisfy the peo[>lc of JJnglatid in regard to the course of the government. ™ The circular was written on the 4lh of January, and on the Slth, as befure stated, the former delegates were re-appointed. 398 COERCIVE MEASIRES OF EXOLAXD. appointmoiUs were made formally in each of the colonies. The grievances which had been complained of were not redressed, and before the time for the meeting- arrived, others had been added. England had attempted to assert her claims by other means than her declarations and laws. The sword had been drawn at Lexington, and war, one of the greatest of earthly calamities, was brought upon the country. Under these circumstances the second General Congress convened. I CHAPTER .W. THE SKCOND CONTINENTAL CONGRESS. THE I'lJOVINCIAL t'ONt;KESS OF NEW JERSEY. CONSTITUTION OE NEW JERSEV. The second General Congress convened on the 10th of May, 1775. They immediately entered upon decided action. A reso- lution was passed prohibiting all exportations to the neighbouring British colonies, or the fisheries on the coast. Another followed, that the colonies should directly be put in a state of defence. This was considered necessary in consequence of the actual commence- ment of hostilities in Massachusetts. That province was also advised, to consider the offices of Governor and Lieutenant Go- vernor as vacant, and that a Council should be chosen by the Assembly to direct the government, until his Majesty should appoint a Governor to conduct affairs according to the charter. New York, where a body of troops was shortly expected, was advised to acton the defensive, so long as such a course could be safely maintained, but that they should not permit the erection of fortified works by the British, or the communication between town and country to be cut off. It was still resolved, that an humble and dutiful petition should be addressed to the King, asking that measures might be taken to accommodate the present unhappy disputes. The propriety of this step was much doubted by many, considering the direct rejection of previous petitions, but it was finally agreed to, as well as addresses to the people of England, of Ireland, and of the province of Quebec. In these, the attacks that had been made upon the colonies were repelled, their desire of peace upon just and constitutional grounds, was asserted, as well as their attachment to England, her laws, her people, and her King. But there was also a bold declaration of rights, and a strong vindication of former proceedings and designs. Their final appeal was now made, and Congress proceeded to perfect the measures for the defence of the country, by making 400 SECOND CONTINENTAL CONGRESS. provision for raising and organizing an army. On the 15th of June, George Washington was appointed General-in-Chief of the armies raised, or to be raised, for the defence of American liberty. To defray the necessary expenses, it was resolved that the sum of three millions of dollars should be issued in bills of credit, which sum was to be apportioned for sinking, among the several colonies, in the proportion of inhabitants, but the faith of the "Twelve United Colonies" was to be pledged for its redemption.' On the 15th of May, 1775, the Assembly of New Jersey was convened by the Governor, for the purpose of considering the conciliatory plan of Lord North, which had been sent by a circu- lar to the several colonies. It was recommended by the Governor in a long and elaborate address. lie believed that the olTers it contained were all that the colonists could justly demand or desire, and said that a happy opportunity was presented of getting rid of an unnatural contest, by only complying with an acknowledged duty. But the previous course of the Governor, had not been such as to favor his influence and argument.^ Under no circum- stances, however, could these have prevailed Avith the House on llie present occasion. It was perceived that the plan submitted to them, fell far short of the demands and rights of the people. In entering upon the subject, regret was expressed by the House, that as the Continental Congress was then silting to consider tlie situation of alfairs in America, the present meeting had not been deferred until ihe sense of that body should be known, as they supposed that no one would suspect them of an intention to aban- ' Georgia had not yet become associated, but her accession took place in July, and the "Thirteen" then became united. ^Beside the general course of the Governor, the attention of tiie House was called at this time to statements puqiorting to come from his Exccllenry, in re- lation to llic previous action of the House. A cojiy of the "Parliamentary Itogister" was produced, containing a letter from thn Governor to J.ord Dart- mouth, in which the i'urmcr represented the Assemlily as having hern ihvidcd ill their approhatioii of tiie proceedings of the late Congress. The Assemlily rc(juested to know of the Governor whether the extract contained a true rcj)ie- seiitiition of the substunce of the letter written by him. His Excellency com- |)lnined of the course of the House in placing the extract on their minutes, and seeking to inculpate him, but denied the correctness of the extract. \nlp,\, vol. 4, p 15. Gordon, p. 162. SECOND COXTINf:NTAL COXCiRESS. 401 (!o)i the cause of their coimtry.^ Rut ihcy said tlicy had eonsiderod the proposal that had been oflered, and ihoujrh tliey wisliod to avoid a hasty conclusion, they could form no other opinion than that it was essentially the same tliat had Iierctofore been made ; that it did not appear to be materially difl'erenl from that which was presented before the passage of the stamp act ; they said that America did not comply with it then, and that thoiitrh they were sincerely disposed to use all proper means in order to be- come reconciled to his Majesty, and the Parliament of England, yet they could not comply with a proposition which they believed to be inconsistent with the privileges of freemen ; nor did they want any time to consider, whether they should submit to that which in their apprehension would reduce them to a state but little better than slavery. That they might, according to the pre- sent proposal be fully and etfcctually taxed by their fellow sub- jects of Great Britain, and that perhaps to a much greater degree than before ; as it seemed to require that they should raise such a proportion as Parliament should think proper, and it was im- possible to tell how far the people of the colony might be involvetl by a'ssent to so undeterminate a provision. " Upon the whole," they said, "though sincerely desirous to give every mark of duly and attachment to the King, and to show all due deference to the Parliament, we cannot, consistent with our real senlimcnts, anil the trust reposed in us, assent to a proposal big with consequences destructive to the public welfare; and hope that the justice of our parent country will not permit us to be driven into a situation, the prospect of which fills us with anxiety and horror. We heartily pray that the supreme disposer of events, in whose hands are tlu; hearts of all men, may avert the calamities impending over us, aiul ialluence our Sovereign, his Ministry, and Parliament, so as to induce them to put a stop to the efl'usiou of ihe blood of the colo- nists, who wish always to look upon their fellow suljjccts of (ueat Britain as their brethren." ^The concil atory plan was afterwards brouj^lil forward in Congress, and was referred to Franklin, .TctVerson, Adanis, and Lee, and on the report of this comniilleo, on the Slst of July, Congress rejected tlie terms as unreasonable, insidious, and unsatisfactory. 51 402 PROVINCIAL CONORESS, The Governor replied, and declared that he had done his duty in the case, and soon afterwards prorouged the House. It has been stated that the convention of delegates which was held in New Brunswick in July, 1774, appointed a number of their members to serve as a general committee of coiTCspondence. The latter body met at the sarne place on the 2d of May, 1775. Taking into consideration the alarming condition of public aflairs, especially the commenccmentof hostilities in one of the colonies, the committee resolved that a second Convention would be necessary, and directed that a meeting should be called by the Chairman, on the 2',id of May, to consider upon such matters as should be then brought to their notice. In accordance with the notice, delegates were again elected in the counties, and met at the time and place appointed. Eighty-seven representatives appeared, delegates be- ing present from all the counties. ^ The Provincial Congress (as this body was constantly styled,) proceeded, the day after their meeting, to effect an organization by the appointment of officers. Hendrick Fisher was chosen President, Jonathan D. Sergeant Secretary, and William Patcrson and Frederick Frelinghuysen Assistant Secretaries. The business of the Congress was opened with a full acknowledgement of the importance and solemnity of the engagement; that it might effect the lives and properties, the religion and liberties of their constituents, and their posterity; and hence that it became them, as the representative body of a cluisiian people, to look up to that All-Powerful Being by M'hom all human events were guided, and to implore his favor, and direction.* * There were five from Bergen, thirteen from Essex, eleven from Middlesex, seven from Morris, eight from 8onicrsct, four from Sussex, seven from Mon- mouth, fifteen from Hunterdon, five from Burhngton, three from Gloucester, three from Cumberland, five from Salem, and one from Cape May. [^Jmirual of Proceedings.'] The meetings and proceedings of this body (as well as previ- ous nicetings of a similar character,) arc to be carefully noticed. The people hud been driven by the rcfiisal of the Governor to call the Assembly, to an in- dependent procedure, and this course of procedure was now continued, and thus the I'rovincidl Coiigrtsu came, in a great degiee, to take the place of the Assem- bly, and the latter, as will be seen, was soon afterwards entirely suspended. » It was therefore ordered that during the session the business of each day should l)C opened vvilli prayer. PROVINCIAL CONGRESS. 403 The Congress then determined that the existing contest with Croat Britain was of such a nature, and liad arrived at such u crisis, that the present meeting had become ahsohitely necessary in order to provide ways and means lor the security of the pro- vince; tliough at tlie same time, they dechired their veneration for the person and family of liis Majesty George 111. They declared their approval of die acts of the late Assembly of the province in appointing delegates to the General Congress, and expressed their thanks to the House for their regard and attention to the rights and liberties of the people. But they unanimously agreed that when a Continental Congress should again become necessary, it would be most proper that the delegates thereto, should be chosen by a Provincial Congress. ^ It was then resolved, that in the pro- ceedinffs of the Congress, each countv should have one vote. At an early period, a written message Avas directed to the Continental Congress then sitting, expressing a willingness to co-operate in any undertakings or acts for the good of the country, and asking advice and assistance. The reply of the Congress imported, that the body was not prepared at the time, to give any specific directions, but that a correspondence would be willingly maintained, and that advice would be given, as occasion might arise. The previous resolution of the General Congress for withholding exportations for the supply of the British fisheries on the coast, was adopted. A communication was opened with Connecticut and New York ; an individual,^ a part of a committee appointed by the former State, being then in attendance, and a letter being received from the latter; assurances were given by the Congress that they would heartily concur with the other colonies in all such measures as were adopted for the defence of the rights of America. . The final determination of America to maintain her position by forcible resistance was foreseen, and provided for. The Congress declared, that taking into consideration the cruel and arbitrary measures of the British Parliament and Ministry for the purpose "■ 'I'lie indci>cnclcnt mpa.snrcH that hail formerly been resorted to, were heo expressly a[iproved, ami a similar course of action was resolved upon (or tlie future. ' Pierpoiit Edwards. lot I'UUVINCIAL CONCiUESS. ol' suhjiisraliii^f the Ainori(?an colonics, ami 1)cing apprehensive tliat all pacilic measures lor the redress of grievances would prove in- eflectual, they thought it necessary that the inhabitants of the province should I'orlhwith be properly armed and disciplined, for defending the cause of American freedom. A plan for regulating the militia was therefore agreed to, and an ordinance was passed for raising the necessary funds. The sum of ten thousand pounds was to be raised, l)y a levy within tlie several counties, the appor- tionment and collection of which was to be made according to a rate and manner prescribed.^ A General 'Jommittee of Correspondence, consisting of fourteen persons, was then appointed, to whom power was given, or any three of them, acting in conjunction with the President or Vice President, to call a meeting of the Congress. After a session of eleven days, the Congress adjourned. Notwithstanding the decided measures that were adopted by the Continental Congress, and in the several colonies, for resisting the demands of Great Britain, a final separation from that country • In order to cngaiic tlic people generally in support of the measures agreed upon, a form of association was prepared. It provided, that the subscribers, freeholders and inhabitants of the township of , in the county of , and province of New Jersey, having long viewed with concern the avowed design of the Ministry of Great Britain to raise a revenue in America; being deeply affected with the cruel hostiUtics already commenced in Massachusetts Bay for carrying that design into execution; convinced thattlic preservation of the rights and privileges of America depends under God, on the firm union of its inhabi- tants; do with hearts abhorring slavery, and ardently wishing for a reconcilia- tion with our parent Slate on constitutional principles, solomnly associate and resolve, under the sacred ties of virtue, honor, and love to our country, that we will personally, as far as our influence extends, endeavour to supiwrt and carry into execution whatever measures may be recommended by the Continental and our Provincial Congress, for defending our constitHtion and prcscr\-ing the same inviolate. We do also associate and agree as far as shall be consistent with the measures adopted for the preservation of American freedom; to sup- port the Magistrates and other civil olhcers in the execution of their duty agree- able to the laws of this colony; and to observe the directions of our committer, acting according to the resolutions of the aforesaid Continental and Provincial Congress; firmly determined by all means in our power, to guard ngainsi those disorders and lonl'iisions to which the p.^mliMi rinimisiuM-. s nf ihe times may expose us. lourual, p. 12. PROTINCIAL COUCRE8S. 405 •vas not yel in view, -llicr American" vtctp rei^oUf 'tieir rights by every means at their command; yet ; was not contemplated as their nliimate object. But their imme- •ge was proropiiy . Even dunne .of" the General ' ry operations were commenced. Early in May, 1775, an enterprise was planned in Connecticut, to take the fort at T! ' ^ ' ' the niililary stores at that place, for the b- ihis plan was carried into execution under the direction oi Colonels Alien and Arnold. Near the last of May, Generals How^. ' - -. and Borgoyne arrived at Boston with new forces, to c submission of the colonists, but the battle of Bunker Hiii, wuicn look place on the 17ih of June, gave evidence thai "subrr --'•'" was not to be easily enforced. The Provincial Congress of New Jersey again met on iii« 5Ui of Auffusu Nearly the same mmiber, and with a few exceptions, the same individuals were present as before. Regulations were MOW ado 'roper emplo^inent or ihe fu:. - c-d, and also for the fuller organization iishment of the military force. Fifty- four companies, c ' . ' - 'i, were to be raised, and the pr od by each of the counties was determined. Two Brigadier Generals were also rippointed.* Pena'' - - ' " .-_.. .i .- i :i, :he service, or ; but it was resolved that **as tnere arc a number oi this' province whose peculiar k-' / - ' -■ — '"'' = them in any case to bear ?»rms. • lo conscience, an'' such persons to c :. . ... w,.._ .. ^.^... ... ...... :.,...- ... universal calamity. ;o the rf-li<.-f of their distressed brethren in the s'^.-r : ppresscd <:-j^Jiirv, - - - - - - . : - A most important measure of the Congress was that • ' •- - • .- ■ - - -.- T^r^r~^r-r.. -x-i --rjointri at fir?*, "-r* — •■ - 406 PROVINCIAL CONGRESS. ing the continuance and action of the body. It was declared to be expedient, at a time when tlie province was likely to be involved in all the horrors of a civil war, and when a consequent necessity would exist to increase the burdens of the people by taxes, that the inhabitants should have frequent opportunities to renew their choice and approbation of their representatives. It Avas therefore resolved, that the inhabitants iu each county qualified to vote for Representatives in the General Assembly, should meet (at places directed,) on the 21st of September next ensuing-, and there elect by plurality of voices, any number of persons not exceeding five who were to be substantial freeholders, and who should be em- powered to represent the county in Provincial Congress, which Congress should convene on the 3d of the succeeding October. It was also resolved, that during the continuance of the disputes between Great Britain and America, there should be a new choice of deputies yearly, in each county, on the third Thursday in September, and tJiat at the same time the inhabitants as aforesaid, should elect a number of freeholders to constitute a county com- mittee of observation and correspondence, with full power as well to superintend the necessary business of the county, as to carry into execution the resolutions and orders of the Continental and Provincial Congress; and also that similar action should be taken in each of the townships within the county. A Provincial Treasurer was then appointed," and a Committee of Safety was chosen, to act as an executive body during the continuance of the recess of Congress.'- The Congress then adjourned to the 20th of the ensuing September. The proceedings of the meeting in September have not been preserved, but the members elected in that month in accordance Avith previous resolutions, assembled on the 3d of October, pursuant to appointment. The number of members Avas reduced, agreeably to the regulations upon the subject already noticed. Samuel Tucker Avas chosen President, Ilendrick Fisher, Vice President, and John Mehelm, upon general " Jonathan D. Sergeant. "The Conimittco of Safety were Ilemlriok Fisher, Samuel Tucker, Isaac Pearson, Jolin Hart, Jonathan D. Scrjicaiit, Azariuh Dunham, Peter Schenck, Enos Kelsey, Josepli Roiden, Frederick Frelinghnysen. and Jolin Scliureman. Jonrntif, p. 2-1. i PROVINCIAL CONGRKSS, 407 request, consented to act as Secretary, until another sliould be chosen. '3 This new body, like the former one, resolved, that its daily proceedings should be opened with an act of religious ser- vice ; that supplication should be made to Almighty God that he would be pleased, so to influence and direct the counsels of America and Great Britain, that peace, unanimity, and harmony might be re-established between them, upon a permanent founda- tion. At this session the attention of Congress was principally directed to the regulation of military aflairs. A communication was received from the Continental Congress, which was then in session, (having convened on the 5th of September,) which stated, that it had become absolutely necessary to raise several new battalions, and recommended that two should be raised in New Jersey, and blank commissions were forwarded for captains and subaltern officers. The recommendation was complied with, though some difficulty occurred in relation to one particular. ^' The mode of raising funds to defray the increasing expenses of the colony was a ditticult but an important part of the business of the Congress. The amount already ordered had not been fully received, and petitions were presented from difierent places urging that means might be adopted to ensure its collection. During the pendency of this subject, application was made to the Continental Congress for information, whether it would be con- sistent with the measures adopted by that body, to allow the " Afterwards William Paterson was appointed Secretary, but be acquainted the Congress that his business and circumstances would not admit of his serving, and John Carey, a member from Salem, was appointed. " The Provincial Congress declared that they were animated with equal affection to the common cause of America, but they were desirous to know whether the right of nominating field officers was not in them, according to the privileges granted to other colonies, and they said that the previous appointment of field officers would tend to expedite the service. The Continental Congress replied, that it was necessary the batallions should be raised with all expedition, and they were not then prepared to decide upon the question of the appoint- ment of field officers. At a subsequent time, (Soptcmbcr Ifith, 1776,) this point was decided. The General Congress determined that the appointment of all officers, and tilling up vacancies, except general ajjiccrs, should be left with the colonies. 408 PROVINCIAL CONGRESS. provinces the use of such sums of the continental money as they might require, upon the faith of the province, and if so, upon what terms. The General Congress decided, that the public exigencies did not admit of loans from the Continental Treasury, to any of the colonies. It was then resolved, that the sum of thirty thousand pounds proclamation money should be emitted in bills of credit, and an ordinance was passed directing the mode of issuing and of sinking the amount. An ordinance was also passed for compelling the payment of the ten thousand pound tax. A question touching an extension of the right of suffrage was also brought to the notice of the Congress. Petitions were pre- sented from diflerent parts of the province, praying that house- liolders and others, not freeholders, who should pay their propor- tion of tax, should be admitted to vote for deputies to the Provincial Congress. After some consideration and discussion, it was determined, that a final decision should be deferred until the next meeting of the Congress, in order that the sense of the peo- ple might be more generally known upon the subject. A com- mittee of safety, consisting of the President, Vice President, and eleven others, were appointed to act during the recess, and the Congress then adjourned to meet at New IJrunswick on the 1st of April, 1770, unless sooner convened by a call of the commit- tee. The committee above mentioned continued to be actively engaged during the period of the recess. Upon information communicated to them from diflerent quarters, proceedings were entered upon against individuals who were charged with the commission of acts opposed to the liberties of the country. The General Congress had advised in respect "to those unworthy Americans who were so regardless of their duty to their Creator, their country, and their posterity, as to take part with our oppressors, and, influenced by the hope or possession of rewards, should strive to recommend themselves to the bounty of administra- tion by traducing the principles and conduct of the friends ol American liberty, and opposing every measure for its preserva- tion ; that the different assembles, conventions, and committees t»r councils of safety in the colonies, should take the most speedy and ell'eclual measures to restrain the wirkeil pruclices of lliesc ine»>." In accordance willi \\n^ rcconiuaiululiou, thi; cumniitUc I PUOVINCIAI, CONliRESS 409 of safety in New Jersey, caused several individuals to be brought before them ; some were disarmed, fined, and ordered to give security for their behaviour in future, and others were ordered to be kept in confinement until suitable contrition should be mani- fested for their offences.'^ Whilst these proceedings were carried on by the people and their immediate representatives, the Governor of New Jersey continued to exert himself in opposition : this Mas done both in his intercourse with public bodies, and also M'ith individuals.'' On the 16lh of November, 1775, he convened die General Assem- bly. The principal legislative authority of the province was yet with this body in name, although in fact the power had nearly passed into other hands. At the opening of the session the Gover- nor remarked to the House, that he had lately said so much concern- ing the present unhappy state of ailairs, and the destructive measures which had been adopted, that he should not endanger the peace of the session by a farther discussion of the subject. But he thought it necessary that they should be informed " that his Majesty laments to find his subjects in America so lost to their own true interest as to have rejected the late overture (the conciliatory plan ;) but that as they have preferred engag- ing in rebellion, it had become his Majesty's duty, and was his firm resolution, to pursue the most vigorous efforts to bring them to obedience." Ilis Excellency said, that he was conscious of having the true interest of the people at heart, and that he had resolved, contrary to the advice of his friends, to remain in the province, as his departure would probably subject the colony to the charge of open rebellion. But he desired the Assembly, in case thev were not able or disposed to answer for the safety of himself and the other officers of the Crown, that plain information of their danger might be given. " Sentiments of independence," he said, "■ are openly avowed, and essays are appearing to ridicule the people's fears of that horrid measure ; it is high time that every '"Journal of Proceedings, pp. 13.5-6. '« A correspondence of some warmth was carried on between the Governor and Lord Sterlhig in reference to the appointment of the latter to the command of a regiment of militia. L'lJ'e of Lard Htcrlhia:, p. 114. 410 PROVINCIAI, CONGRESS. man should know what he has to expect." The House replied, that they truly lamented the situation of public affairs, and that .there was so little prospect of a removal of the grievances under which the country was laboring. That they desired nothing with greater anxiety than a reconciliation with the parent state on constitutional principles, but that they were greatly mistaken if the proposal lately offered, could have been accepted by them without a violation of the duty they owed to their constiuents. They assured his Excellency that they could not imagine that there was any reason to fear insult or injury, or that he or other officers need be apprehensive of danger. That they knew of no sentiments of independency that were openly avowed, and that they approved of no essays urging to such a measure, and considered it their duty to promote peace, order and good govern- ment.''' The Assembly proceeded to transact the ordinary business that presented, and continued in session until the 6th of December. The House was then prorogued by the Governor, to the 3d of January next ensuing. But the Assembly never again convened. A new order of things was now taking place, and the institutions which had been established under royal authority, were soon to be entirely and forever abolished. '^ " Two days before, (November 28th,) the House had resolved, upon petitions presented on the subject, "that reports of independency, in the apprehension of this House, are groundless. That it be recommended to the delegates of the colony to use their utmost endeavours for obtaining a redress of American grievances, and for restoring the union between the colonies and Great Britain upon constitutional pruiciples. That the said delegates be directed not to give their assent to, but utterly to reject any proposition, if such should be made, that may separate this colony from the Mother Country, or change the form of go- vernment thereof. Vule.i, vol. 4, p. 18. '* Duriiit; the i)criod of agitation that has been noticed, some concessions had been made through the legislature in favor of the privileges and interests of the people in Ncv\ Jersey. In the year 1768, an extension ofrepresentution was gained by the confirmation of an act for giving representatives to tlie counties of Morris, Cumberland, and Sussex. By this measure the number of members in the Provincial Assembly was increased from 24 to 30. At the last silting of the Assembly, the Governor communicated the royal approbation of an act for the issue, by loan, of bills of credit to the amount of one hundred thousand pounds. This grant had been long solicited; but the laws i)assed by the Assembly had been i PROVINCIAL CONGRESS. 4 1 I In consequence of communications from the Continental Con- gress, the committee of safety summoned the Provincial Congress of New Jersey, which accordingly met on the 31st of January, 177G. A principal part of the object of the meeting was to make provision to meet the requisitions for additional troops. The (xeneral Congress having been informed of the design of the British Ministry to make an attack upon the colonics by way of Canada, had i-esolved upon an attempt to anticipate the design, by taking possession of the strong posts in that province. The attempt was made, but was not fully successful, and it became necessary that additional forces should be raised, of which New .Tersey was required to furnish a part.'" The Provincial Con- gress accordingly ordered that enlistments should be made, and individuals were recommended as suitable persons to serve as field officers, and the other officers were at once appointed. The extension of military preparations involved a necessity for addi- tional means of support : hence the ordinance formerly passed for the issue of thirty thousand pounds in bills of credit, (which bills were not yet printed,) was re-considered and modified ; and constantly rejected. The Assemblies were not willing to establish a fund that would render the officers of government independent of the legislature, but tliis had been desired by his Majesty, and hence a disagreement on this point had been one of the causes of the frequent rejection of the loan bills. In com- municating the royal assent at this time, Lord Dartmouth informed the Gover- nor, that he was directed by his Majesty to say, that it would have been more agreeable to him, if the Assembly, instead of a general appropriation of the in- terest of the loan to the support of government in such manner as should be directed b}' future acts, had thought proper to make a settlement during the ex- istence of that loan, upon the ofi'icers of government, of salaries more suited to their respective offices than they then received ; and if a specific portion had been appropriated to the building houses for the Governors; and the Assembly were required in his Majesty's name to make provision accordingly. The As- sembly replied, that though they entertained the most grateful sense of the at- tention shewn to their wishes in the assent to the loan act, and were sincerely disposed to grant his Majesty's requisitions, yet they did not think it prudent, at the time, to go into any increase of the salaries of the officers; nor did they ap- prehend that it would be beneficial to settle them for a longer period than usual, or that it would then be expedient to erect buildings for the Governor and Assembly. " New Jersey was requirel their own resolution, an order was issued to Colonel Nathaniel Heard, of thf Middlesex battalion, directing him to wait on Governor Franklin and requirr his parole not to depart from certain places mentioned (the choice of which w:i- to be left to himself,) and in case he should refuse to sign the parole, he was to be put under strong guard and kept in custody until the further orders of Con- gress. A communication was received from Colonel Heard on the 17lh of June, informing the Congress that he had waited on the Governor and requested him to sign the parole, which he absolutely refused to do, and forbade the ofllcer at his peril to carry the order into effect. A guard of sixty men was then placed around the house and the further orders of Congress awaited. The Congress ordered that he should forthwith be brought before them. At the same lime, a communication was addressed to the CJeneral Congress, informing that bout tlio " exi- gency of aflairs," antl the hinitotl period of its iliiratioii, couKl have justiliod tlie grant. " There were bills not yot reileeincil. lliat had been issaed by tlie Legishitiire of tlie rolony, and also by the I'roviiicial Congress. These were recognized as State currency ; were commonly termed " Old Money." FIRST LECilSLATVRE OF THE STATE OF NEW JERSEY. 439 in New Jersey. This subject received the attention of the legis- lative botlies at the present sitting, anil they resolvetl, " that for want of a proper niotio of paying the militia that have been called out in the Continental service, many inconveniences have arisen, and are daily increasing, and thai the Governor "he directed to apply to the Honorable the Continental Congress and desire that ihey will be pleased to give directions for payment, and to establish some mode for regular payment in future." But the difllculty was not removed, and clamorous demands were afterwards made upon the Slate authorities. It was therefore again resolved, that the Governor should be requested to apply to Congress on the subject, and to urge that some expedient should be adopted for meeting the demands of the soldiery. But with a view to the speedy relief of the applicants, the delegates of the State in Congress were instructed to obtain from that body the sum of one hundred thousand pounds, to be used according to a mode directed, for the payment of the troops.'^ The increased demands upon the treasury were also met in part by a difl'erent expedient. A bill was passed for delayin"" the sinking of the respective quotas of the sinking fund tax for the years 1776 and 1777, and applying the same towards furnishing magazines of arms and stores. The next sitting of the legislature (which was also held at Ilnd- donfield,) began after a short recess, on the 7lh of I\Iay, 1777. Measures were then adopted for the belter protection of the well affected citizens of the Stale, against the designs of the enemy, and for the punishment of those who should be guilty of defection. The British still lingered at some points within the State, and were in '2 At a subsequent perioJ, the depreciation of the Continental money rendered it impossible for Congress fully to meet their engagements. But at this time, (the beginning of the year 1777,) but about twenty millions had been issued, and the bills were mostly received at par. The embarrassment that began to occur in their circulation, did not excite alarm, as it was attributed to causes which it was supposed might be controlled by legislation, and Congress enacted a law declaring that whoever in any purchase or sale, should rate gold or silver coin higher than the Continental bills, ought to be deemed an enemy to the country. And at this sitting, the Legislature of Xew Jersey passed an act " for preventing disaflcctcd and evil minded persons from destroying the credit and reputation of the Continental bills of credit." 440 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. force ill New York, and they pursued a course of irritating hostility, suited rather to the arts of banditti, llian to tlie movements of regu- larly appointed military forces. Their adherents in the State were incited to watch for individuals, and several persons of distinction were kidnapped and carried ofl", and rewards were set upon the heads of particular officers. Governor Livingston remarked, thai "they were resolved to contaminate the British name by every species of infamy, rather than abandon their purpose of enslaving a free and unoffending people." To arrest this practice, a bill was prepared in the legislature empowering the Governor and Council of safely to apprehend and imprison such and so many persons known to be disaffected to tlie State, as might be thought sufficient to induce the enemy to release such of the citizens as had been kidnapped and carried off. Other measures of a vigorous character •were adopted in reference to " traitors and disaffected persons." The Governor and Council of Safety were authorized to arrest and imprison all suspicious or suspected individuals, and an act was passed confiscating the personal estates of such as had deserted to tiie British, giving them, however, a period of grace in which they might return, and claim and take possession of their property, and receive full pardon, upon renewing their allegiance to the State. By this measure, many who had become sensible of their error, or were disappointed in the reception they had received, were reclaimed, and restored to citizenship. Events of much importance to the country at large were oc- curring at this period. The Americans had been greatly in- spirited by the successes in New Jersey, and the hopes that arose in consequence, together with the indignation excited by the outrages of the English, had brought an important augmenta- tion to tlie forces of Washinston.'"' But a movement from which '3 The conduct of the British in New Jersey tended, in a crreat degree, to ex- cite and confirm opposition. The peaceful and unresisting were plundered and abused, and the most wanton and cruel injuries were inflicted ; and with a strange disregard to good policy, as well as good lailh, no favor was shown even to those who had received written protection from the British. '' 'i'he Hessians," Bays Gordon, " would not understand, and llie British soldiers deemed it a foul disgrace that the Hessians should be the only plunderers." Universal indigna- tion was thus aroused. FIRST LEGTSLATFRK OF THK STATE OF NEW JEUSEY. 411 much was expected by the British, was in process ; the plan already noticed for dividing- the States by establishing; a line from Canada to New York, had partially succeeded, and its final comple- tion was earnestly souirht. The principal direction of this scheme was committed to General Buro;oyne; he was now advancing from the north, and had succeeded in taking Ticonderoga, and forcing his way to the Hudson. But he had arrived in the midst of a hostile country, where it was difilcult to retreat or to advance, and where supplies could only be obtained by difficult and hazardous operations, and a detachment of his armv which had been sent out to seize upon a quantity of provisions at Bennington, was met and defeated by a body of American troops under General Stark. This event, which took place on the 15th of August, (1777,) together with others that quickly followed, rendered the situation of the British Commander extremely critical, and the at- tention of all parties was earnestly directed toward the movements at that point. At this juncture, the Legislature of New Jersey again convened after a recess extending from the 7th of June to the 3d of September.'^ On the 8th, the Governor addressed the houses; he congratulated them on the success of the American arms at Bennington, which he said reflected the brightest lustre on the officers and men, and gave the greatest encouragement to a con- tinuance in strenuous elTorts. Several matters of pressing im- portance were recommended to the notice of the houses; his Excellency advised that measures sfiould be taken to meet the debts of the State, which he said wnuhl be severely felt, unless seasonably discharged, and that an enactment for sinking a portion by tax, should directly be passed. He again brought forward the subject of the militia laws, and strongly insisted upon a change in their provisions ; he also recommended that a modification should be made in the law prescribing the punishment for high treason.'^ " They again convened at IlaJdonficIil, but on the 24th adjourned to meet on the 29th at Princeton. '^ Under the constitution, the crime in question could oidy be committed against the colony, and not against the State, and hence the State courts could not consistently pronounce a judt;ment in proper form. Beside this, the exist- ing law allowed, or required the disnieuiberment of the criminal, which was 5f» 442 FIRST LKGISLATURE OF THE STATE OF N^W JERSEY. A renewal of the acts constitutitijO: the Council of Safety was also recommended, the period for their continuance being nearly ex- pired. These several particulars received the attention of the legislative bodies. But the recommendation of the Governor in regard to provisions lor the State debt, was not fully acceded to. Resolutions were adopted by both houses, directing the Governor to call in the arrearages due from the counties on account of the sinking fund tax, and that the sinking of the bills should be de- ferred, and the amount be applied to meet the present demands. A bill was also prepared to raise a fund by general taxation for defraying the necessary expenses of the State, but after protracted consideration, it was deferred to the ensuing session of the As- sembly. An enactment was passed for continuing the Council of Safety, and in addition to their other duties and powers, they were authorized to give relief to such officers and privates of the militia as had been disabled in the service of the State, and to the widows of such as had fallen ; this was to be done in such manner as the Council should deem equitable and necessary, and they were to draw upon the treasury for the amount so expended. A law was also passed to ascertain the punishment for high treason. It pre- scribed that when any one should be convicted, the sentence awarded, so far as respected the corporeal punishment of the offender, should be the same as in cases of murder ; and that all commissions and writs which by the constitution were required to run in the name of the colony, should run in the name of the State.'® An act was passed explaining and amending the militia law,''' and provision was made for bringing the forces of the State into effective service. The houses then rose and the session was closed. Thus terminated the action of the first Legislature of the State. It had existed during a period of the greatest difficulty and danger; for a great portion of the tiuK^ the State was o\erriin by a hostile represented liy tlic Governor as "so shocking and sanquiiiary, as the humanity of an American legislature cannot be presumed to have intended." "• I'ttterson's Laws, p. 38. By lliis act the provisions of I lie coi^lilution were attain iinavoidahly contravened. 'The general leaturea of the law do not appear to have been changed. FraST LEGISLATI'RK OV THE STATE OF NEW JERSEY.' 1 13 force ; the oroveniment was new and untried ; and many of the citizens, and some of the public functionaries, proved fearful or unfaithful, and made their peace with the enemy. With a few exceptions, the members of the legislative bodies stood firm; they continued, notwithstanding frequent interruptions, in the discharge of their duties, and by their steadiness, together with the energy and determination of the Governor, order was preserved in the State, and its means and strength were directed in maintaining the cause of die country. CHAPTER XXII. SECOND LEGISLATURE. ARTICLES OF CONFEDERATION'. FINANCIAL MEASURES. The new Leg-islaturc which was chosen on the 14th of October, met according to law, on the 28th of the same month, 1777. The houses were organized by the appointment of the former officers, John Stevens being chosen Vice President of Council, and John Hart, Speaker of the Assembly. On the 1st of November, William Livingston was unanimously re-elected, in joint meeting, to the office of Governor.' Events of an important but varied character were now taking place. The critical situation of Gen. Burgoyne, has already been noticed. This officer had found it impossible to extricate himself from the situation in which he was placed, and on the 18th of October, his entire army was surrendered. Soon afterwards, the garrison at Ticondoroga returned to Canada, and not a foe remained in the northern portion of the union. But oc- currences less favorable were passing in another direction. Whilst the movements in the north were in progress. Admiral and Lord Howe had entered upon an attempt against Philadelphia, the cap- ture of which place, together with the expected success of Bur- goyne's expedition, would, as was supposed, ensure the subjection of the country. The Commanders approached their object by a circuitous course; the forces leaving New York were conducted by sea, advancing up the Chesapeake and landing at the head of the ' On the 20th, the joint meeting elected five ileleg^tcs to the Continental Congress, viz: John Wilherspoon. Abraham Clark, Jonathan Elmer, Nathaniel Scudder, and Elias Boudinot. It was said that the representation was made to consist of five, in order to give some relief to the members in their attendance, and that the State might not bo put to unnecessary expense but tluco were to attend at the same lime. SECOND LEOISLATTRE. 445 River Elk.'' Their progress was resisted by Washins^ton, at Bran- dywine, Imt without ellbct, and on tlie 20th ol" t^epteniber, a dotach- ment of the British army, under Cornwallis, entered the American Capital. Congress retired to Lancaster, whilst Washington con- tinued to hover in the vicinity of the enemy. In the Capital, as on the banks of the Hudson, the British found themselves strait- ened for want of supplies ; hence their necessities, as well as iheir enmities, led them to frequent incursions into the neighboring country, and New Jersey being most exposed, was thus rendered, once more, the theatre of hostile movements.* Such was the state of affairs at the time of the meeting of the legislative bodies. Be- side the presence of an enemy in the country, an evil of a different kind began to appear, and to be felt. The "sinews of war" began to be weakened. The money issued by the Continental Congress had hitherto served to enable the General, and the State authorities to carry on their operations ; but the process of depreciation had now commenced, and quickly became a source of most serious difliculty. The bills had already declined in value nearly one- "The undertaking against Philadelphia would probably have been made through New Jersey, but the strong position of Washington, and the general movement of the militia of the State in his support, prevented the attempt. ' Washington being established in Pennsylvania, near Philadelphia, inter- cepted supplies from that direction, and Congress also declared the penalty of death against any who should furnish provisions to the cnem^'. They were thus obliged to depend upon a communication with their fleet by the Delaware, and the eflbrts of strong detachments in directions that were least protected. New Jersey, praticularly its lower portion, as being in the vicinity of Phiiadel- pliia, as the seat of some of the works obstructing the Delaware, and as being destitute of a commanding force for its defence, was particularly exposed to at- tack, and suffered accordingly. On the 22d of October, a body of Hessians un- der Count Donop, marched down the Jersey shore and advanced asjainnt Fort Mercer, situated at Red Bank, on the Delaware. But the attempt entirely failed, and the Commander was mortally wounded. During the succeding months, several detachments were sent into the lower counties, where the greatest in- juries and outrages were committed ; the fidelity of the people and of the militia was tested by offers of pardon and protection, as well as by proposals of full payment for cattle and forage, and bj^ tlireats of vengeance against those who should resist, Qf incite to resistance. The temptations, however, except in a few instances, were offered in vain, and the attempts at punishment wore met by vigorous opposition. 446 SECOND LBGISLATURE. half. At an early period, Governor Livingston directed the atten- tion of the legislative bodies to this subject. He stated that the Continental money had fallen in value below the bills of the State, and of the neighboring >i>tates, and that the former were frequently exchanged at a loss for the latter. He was inclined to attribute this depreciation to the evil offices of the" enemies of the country, and characterized the exchange above mentioned as an "inAimous traffic." He recommended for the purpose of checking it, that the State bills should be called in and exchanged for Continental money, and that the passage of the former should be entirely pro- hibited after a specified time, or if this expedient should not be approved, that a heavy fine should be imposed upon those who should be concerned in such exchanges. A similar recommenda- tion was soon afterwards made by Congress. But no penal re- gulations could long suffice to maintain the circulation of money that had been issued without any such provision as would ensure its redemption. Congress had no means of sinking the amount; tliey had made engagements by the issue of bills, relying upon the States to redeem the amount apportioned to them respectively; but as yet, little evidence had been given that the States would be ready, or able to meet the obligation. At the same time that the resources of the country Avere becoming doubtful, its necessities were increasing. The army was in the most destitute condition. Governor Livingston represented to the legislature that the Jersey troops in the Continental service were in want of clothing of every kind, and that unless some steps should directly be taken to sup- ply them, they would be unable to keep the field. That the Clothier General found it impossible to procure supplies, and it was incumbent upon the different States to contribute to their aid.^ ' The situation of the troops at this time, and during the subsequent winter, whilst they lay at Valley Forge, was truly deplorable. By their resolute en- duranrc they were enabled to keep up the appearance of threatening the enemy, who fortunately were ignorant of their real condition, but large numbers were totally vnifitted for active service. The Ijcgislature of Now Jersey made as early and as full provision as was possible for the relief of their troops. A law was passed for procuring articles of clothing and furnis^hing them lothe regiments. Such supplies were afterwards continued according to the uigent recommenda- tions of Congress, and a special arrangement was made for the [lurpose. SECOND LEOISLATUUK. 447 "A man of sensibility," he said, "cannot but feel for brave men, fighting for their country at an inclement season, many of them without shoes, stockings, warm clothing, or even blankets to lie on." Further provision was also required for the increasing numbers of the soldiery who were sick and disabled, and for as- sisting their families. Aid was likewise demanded for a class of sufferers of a diflerent description; numbers of the citizens of the State had been carried off by the enemy, and were thrown into prisons in New York, or elsewhere, and left in a state of the greatest destitution, and such persons not being considered as prisoners of war, did not come within the immediate notice of the Commissary General of Prisoners. It was regarded as the duty of the State, as well as demanded by humanity, that some provi- sion should be mride for persons so unfortunately circumstanced. A special commissioner was therefore appointed'' to furnish flour and fuel for their use, to be appropriated to the ol)jects under the care and direction of the Commissary General of Prisoners. The measures of the legislature were directed to provide the means for supplying these various demands. Notwithstanding the depreciation of the Continental money, the confidence, or the hopes of legislators as to the soundness of this currency, together with the necessities of the times, led to a continued resort to its use, and it was hence resolved, that application should again be made to Congress for a sum sufficient to discharge the amount due to the military, in the Continental service. An enactnlent, better calcu- lated to give permanent relief, was also agreed to ; the bill of the former session, to raise a fund by taxation for discharging the debts and defraying the expenses of the Stale, was again taken up, and after some delay, was finally passed. For the jjurpose of improving the finances, (as well as a measure of public justice,) a law was passed for taking possession of the property, both real and personal, of such individuals as should leave the State and join themselves to the enemy. Congress had recommended that the estates of all persons who had forfeited their right to protec- tion, should be confiscated and sold ; but the legislature i>ursued a more lenient course; the law now passed made provision f(u- taking ' Abraliam \'aii Xcste. Es»j. 449 SECOXP urotsuiToa:. pos!ses!?ion of. and Ieasiii«^ the real estate^ and that the personal propeitv only should be forfeited,* Whaterer diffimlty inisht be experienced by the States, or by any State, in their vtin g gl e. no rhanse was made in the temper of the people : they were stin resolred to persist in their course. For the better prosemtion of their purposes, a more perfect nnion anions' the States was considered desirable, and wiih this riew a plan was derised and adopted by Gonwress ; it was agreed to on the 15th of November. 1777. By this system, the thirteen States ' f the United States in Conirress 452 ARTICLES OF CONFEDERATION. assembled, shall be deemed requisite to garrison the forts neces- sary for the defence of such State. We think it ought also to be provided and clearly expressed, that, no body of troops be kept up by the United States in time of peace, except such number only as shall be assented to by nine of the States. A standing army, a military establishment, and every appendage thereof, in time of peace, is totally abhorrent from the ideas and principles of this State. In the memorable act of Congress, declaring the United Colonies free and independent States, it is emphatically mentioned as one of the causes of separation from Great Britain, that the Sovereign thereof had 'kept up among us, in time of peace, standing armies, without the consent of the legislatures.' It is to be wished the liberties and happiness of the people may, by the confederation, be carefully and explicitly guarded in this respect. "4. In the eighth article, we observe, that as the frequent set- tlements of the quotas for supplies and aids to be furnished by the several States in support of the general treasury will be requisite, so they ought to be secured. It cannot be thought improper or unnecessary to have them struck once at least in every five years, and oftener if circumstances will allow. The quantity or value of real estate in some States, may increase much more rapidly than in others, and therefore the quotas which arc at one time just, will at another be disproportionate. "5. The boundaries and limits of each State ought to be fully fixed and made known. This we apprehend, would be attended with very salutary effects, by preventing jealousies as well as con- troversies, and promoting harmony and confidence among the States. If the circumstances of the times would not admit of this, previous to the proposal of the confederation to the several States, the establishment of the principles upon which, and the rule and mode by which the determination may be conducted, at a time more convenient and favorable, and a provision for despatching the same at an early period, not exceeding five years from the final ratification of the confederation, would be satisfactory. "0. The ninth article provides, that no State shall be deprived of territory for tlio benefit of the United States. Whether wc are to uudcuslaiul ihat I)v territorv is iutendod anv lands, ihe properlv ARTICLES OF CONFKDERATIOV. 453 of which was heretofore vested in tlie Crown of Great Britain, or that no mention of such hinds is made in the confederation, we are constrainied to observe that the present war, as we always ap- prehended, was undertaken for the general defence and interest of the confederating colonies, now the United States. It was ever the confident expectation of this State, that the benefits arising from a successful contest were to be general and proportionate, and that the property of the common enemy, falling in conse- quence of a prosperous issue of the war, would belong to the United States, and be appropriated to their use. We are there- fore greatly disappointed in finding no provision made in the con- federation for empowering the Congress to dispose of such pro- perty, but especially of the vacant and unpatented lands, commonly called the Crown lands, for defraying the expenses of the war, and for other such public and general purposes. The jurisdiction ought, in every instance, to belong to the respective States, within the charter or determined limits of which such lands may be seated; but reason and justice must decide, that the property which existed in the Crown of Great Britain previous to the present revolution, ought now to belong to the Congress, in trust, for the use and benefit of the United States. They have fought and bled for it in proportion to their respective abilities, and there- fore the reward ought not to be predilcctionally distributed. Shall such States as are shut out by situation from availing themselves of the least advantage from this quarter, be left to sink under an enormous debt, whilst others ai'e enabled, in a short period, to re- place all their expenditures from the hard earnings of the whole confederacy. "7. The ninth article also provides that the requisitions for land forces to be furnished by the several States, be proportioned to the number of white inhabitants in each. In the act of inde- pendence we find the following declaration, 'we hold these truths to be self-evident, that all men are created equal ; that they are endowed by their Creator with certain inalienable rights, among which are life, liberty, and the pursuit of happiness.' Of this doctrine, it is not a very remote consequence, that all the inhabi- tants of every society, be their color or complexion what it may, are bound to promote the interests thereof, according to their re- 454 ARTICLES OF CONFEDERATION. spective abilities. 'I'hey ought therefore to be brought into the account on this occasion. But admitting necessity or expediency 10 justify the refusal of liberty in certain circumstanc*es, to persons of a particular color, we think it unequal to reckon nothing upon such, in this case. Should it be improper, for special local reasons to admit them in arms for the defence of the nation, yet we con- ceive that the proportion of the forces to be embodied ought to be fixed according to the whole number of inhabitants in a State, from whatever class they may be raised. If the M'hole number of inhabitants in a State, whose inhabitants are all white, both those who are called into the field and those who remain to till the ground and labor in the mechanic arts, and otherwise, are reckoned in the estimate for striking the proportion of forces to be furnished by that State, ought even a part of the latter description to be left out in another? As it is of indispensable necessity in every war that a part of the inhabitants be employed for the uses of husbandry and otherwise at home, while others are called into the field, there must be the same propriety that persons of a dif- ferent color who are employed for the same purpose in another, should be reckoned in the amount of the inhabitants in the present instance. " 8. In order that the quota of troops to be furnished in each State on occasion of war, may be equitably ascertained; we are of opinion that the inhabitants of the several States ought to be numbered as frequently as the nature of the case will admit, and at least once every five years. The disproportionate increase in the population of different States, may render such provision absolutely necessary. "9. It is further provided in the ninth article, that the assent of nine States, out of the thirteen, shall be necessary to determine in sundry cases of the highest concern. If this proportion be proper and just, it ouglit to lie kept up should the States increase in number, and a declaration thereof made for the satisfaction of the Union."" * This report was signed hy order of the joint coniniitlce, by Stephen Crane, of the ('ouncil, nnd Peter Tallman, of the House of Assembly. Vntcs, vol. ."i, p- li'i. ARTICLES OF CONFEDERATION. 455 After the reading of the report, new committees were appointed to draw up a representation to Congress on the sul)ject, and on the 16th of June a draught of such representation was presented; embracing w'ith slight alterations the report of the former com- mittee; it was adopted by the houses, and was ordered to be im- mediately forwarded to Congress. The representative bodies stated that "we think it our indispensable duty to solicit the at- tention of Congress to these considerations and remarks, and to request that the purport and meaning of them be adopted as a part of the general confederation ; by which means we apprehend the mutual interests of all the States will be better secured and pro- moted, and that the legislature of this State will then be justified in ratifying the same." The question was taken in Congress whether the purport and meaning of the several amendments pro- posed by New Jersey should be admitted as a part of the confed- eration, and was decided in the negative, three States in the affir- mative, six in the negative, and one divided. The amendments proposed by other States were also negatived. In July (1778,) a form of ratification was adopted in Congress, and the articles were signed by the delegates of all the States except New Jersey, Dela- ware, and Maryland. A letter was sent to these States urging their attention to the subject. On the 14th of September this letter was laid before the legislature of New Jersey by the Governor. His Excellency remarked that it was of the highest importance, that the confederation should be ratified by all the States with all convenient despatch, and he was happy that no obstruction had been given on the part of this State, except that which arises from certain objections to some of its articles, of which that against the unequal appropriation of the lands lately called Crown lands, ap- pears of too great moment to the interest of the people of tlic Stale to give up. He could not conceive that the "patriotism and good sense" of the State required the legislature to instruct the dele- gates to ratify the confederation, trusting to future deliberations to make such alterations and amendments as experience may show to be expedient and just, while the patriotism and integrity of the present Congress deferred that justice, which it was in their power instantly to grant, to a future Assembly, concerning whose alterations and amendments no certain conclusion could be formed. 156 FINANCIAL MEASURES. Committees were again appointed in the two houses to take into consideration the propriety of instructing the delegates in Congress to sign and ratify the articles as they stood, and on the 25th of September they reported that, in their opinion, it was not expe- dient under existing circumstances to give such authority or in- struction, which report was agreed to. Before further action was taken upon the subject the houses rose and the session terminated. A new legislature was elected at the time prescribed by law, and convened at Trenton on the 27th of October, 1778. The organiza- tion of the houses was effected by the appointment of the former officers, and William Livingston was chosen again to the office of Governor. The subject of the articles of confederation was taken up by the new bodies, a letter having been written by Congress urging renewed attention thereto. The houses resolved themselves into committees of the whole and acted jointly upon the subject, and the joint committee finally resolved and reported "that not- withstanding this committee veiw with co'ncern the terms of the articles of confederation between the several States ; and notwith- standing the objections lately stated and sent to Congress on the part of this State, are founded in justice and equity, and several of them of the most essential moment to the interest thereof; yet, maturely considering the urgent necessity of acceding to the con- federacy; that every separate and detached State interest ought to be postponed to the public good; and firmly relying that the can- dor and justice of the several States will, in due time, remove the inequality which now subsists; it is therefore the opinion of tiiis committee that the delegates representing this State in Congress be immediately instructed to subscribe the said articles, that the same may become conclusive on the part of this State, and obli- gatory thereon." This report was agreed to ])y the houses on the 14th of November, and instructions were given to the dclegatis in Congress in accordance therewith. '■' In the midst of the various circumstances that had occurred of '' Beside funiislving instructions to the delcgaUb, a .spcciul act on the sulijccl was passed, entitled "an act to authorize and emj)o\ver the delegates of Ihe State of New Jersey in Congress, to subscribe and ratify the articles of conred- rration and |)er)iclual uiiinn bclwecn the several States." Fi\AN( i.vi. .>ii:asukls. l")? uii encouraging character, much and increasing dilhculty was ex- perienced by the States in regard to their financial concerns, on which account their operations were greatly impeded. To this subject the attention of the legislature of New Jersey was particu- larly turned. At their first sitting, an act was passed for raising the sum of one hundred thousaud pounds, by taxation, for dis- charging the debts and defraying the expenses of the State. Bui during the next sitting, iu April, 1779, it was perceived that far more ampl^ provision' was required to meet the demands of the time. The troops 'of the State con-tinued to be in a most desliiuic condition; a representaition and reiiioiistrance from the olTjcers was presented, setting forth dicir grievances with respect to their pay, subsistence, and clothing, and asking redress.'" In the case of one individual (Gen._ Maxwell,) who presented a separate appeal, a tone of complaint almost reaching to j'eproof and reproach was assumed." As already noticed, the legislature had been anxious that some general provision for the payment of the "trpops in the Continental service, should be madej^y Congress, under the belief that this was the mpst^.proper aad advantageous fttgde. To the applications just noticed, it was therefore replied, tl/at provision, had been made as far as was consistent previous to an applica- tion to Congr6Ss, but tlrat if no provision should be made by that body after a proper rej)rescntation to them, it would then be the duty of the State to provide for their quota of the troops, in the '" During the reces* of the Lci^islature^^ the necessities of the troops were so urgent that certain individuals were induced to interpose. William Livingston, the Governor, John Cooper, Andrew Sinnickson, Joseph Holmes. Rohcrt Morris, Peter Tallman, Abraham Van Nestc, Silas Condict, and William C. Houston, requested the Treasurer of the Stale to furnish to the Commissioner of Clothing any sum not exceeding seven thousand pounds, to be used for purchasing cloth- ing, and became responsible for its restoration to the treasury in case no pro- vision for the purpose should be made by the Legislature. The Legislature afterwards approved the appropriation. ^ " A resolution was olTered in the Assembly, that the letter of Gen. Maxwell contained indecent and undeserved rellections upon the House, and that llie same be transmitted to Congress with a [jroper expression of the disapprobation and displeasure of the Legislature. But the lesolulion was not ciirried. .5ft 458 FINANCIAL MF.ASTTRES. best mannrr thoy were :ihle to devise. A full representation to Congress wus accordingly made upon the subject.'^ " "The representation and petition of the State of New Jersey sheweth, That we are fully convinced the circumstances of the times render a further provision for the subsistence and comfort of the army of the United States indispensatily necessary, but are of opinion the mode adopted to effect this purpose, is very improper, and will be productive of injurious consequences. The several States are each formiufj a separate plan of supplying their own troops with such neces- saries as they think most advisable; nearly at the prices current when the army was established ; and stipulating in their favor such other privileges and advan- tages as may, in a considerable degree, make good the contract under which they entered the service at the commencement of the war. These regulations, various, unequally advantageous, and formed upon different principles, must, in their practice and operation, produce discontents, murmurings, and perhaps still worse effects. ' Further, whilst each State thus supports a system of its own, the whole expense is greatly and unnecessarily increased; for although it be paid by the States separately, and not out of the Continental treasury, it is still a general expense, and the wages which each State must pay in purchasing for, and issuing to their respective troops would be double or treble their j)roportion of the sum whidi would procure the whole purchased and issued to the ormy at large, if provision were made by Cojigress; we would also suggest the ex- ceeding difficulty under which this State must labor in carrying their part of this divided mode of sui)ply into execution. The means of importation are not in our power, and purchases on the Continent must be made «t a distaticp, and under every disadvantage. To the Congress these things would be more prac- ticable. In many cases only a greater quantity of the same articles would be necessary, and they might be procured in the same line, in which the army is now supplied. Every expense v. hich may be necessary for the comfort and supply of those who devote themselves to the public service, we are willing, to the utmost of our proportion to defray, but mean not to recommend, or even approve in the slightest degree, any kind of establishment, or particular emolu- ments for life. Tiicse, to say nothing more, were no part of the original con- tract and cannot be demanded on any equitable principles. IJy a resolution of Congress of the 15th of March last, a certain description of olliccrs and bodies mentioned, are to be reckoned as parts of the quotas of the States to which they belonged, and to be credited accordingly. Witliin this description arc troops who were commissioned or enlisted in this State who arc now at different and distant places. If we are credited with these, it will by tliem be expected that we provide for them; and if this be not done, the olHiers will resign and the privates desert; but to do this seems impracticable upon any particular Nlato svslciu; and il possible, the expenditure occurring in the transportation ofsepa- KINANCTAT, MEASURES. 1 .')U Bill in addition to measures for sni)))lyinof the immediate de- maiuls of the period, it was necessary also that somethiiifr shoidd be done to sustain and restore the credit of the general currency. Althouirh the first issues had not been redeemed, Confjress had been compelled to resort to new emissions, and at this lime ihe amount exceeded one hundred millions; the depreciation of ihe bills in consequence, was rapidly increasing; thev now woidd scarcely pass for one-fourth of their nominal value. ^Vhelher an earlier resort to measures for the redemption of these bills by tax-" ation, would have prevented the decline, and maintained their value, is doubtful, unlesg there could also have been a limitation of issue; but it had became apparent that some measure must be speedily adopted, with a view to redemption, to prevent complete and immediate failure. In November, 1777, Congress had recom- mended to the several States to raise by taxes the sum of five millions of dollars for the succeeding year, the sums raised by each to be placed to the credit of the States on account of the whole amount of public debt apportioned to the States respectively, and a still larger requisition was made in January, 1779. These re- quisitions were considered by the legislature of New Jersey, in committee of the whole on the state of the commonwealth, and on the 3d of May the committee reported a resolution that the sum of one million of pounds should be levied by tax within the Stale, and paid into the treasury by the first of December next ensuing. Of this amount, the sum of one hundred and one thousand two hundred and fifty pounds was required under the first requisition of Congress, and the sum of three hundred thousand pounds under the second ; the remainder was reserved for other appropriations," rate supplies to so many tliflercnt posts, would be out of all proportion to the value of the articles supplied. For these reasons, with many oliiers, with which we think it unnecessary to detain Congress, we earnestly entreat that they would adopt a mode of making such further provision for the army us they may think just and adequate; a mode wliich hy comprehending the whole, will re- move all danger of partial distinctions; which will lie less dill'icult and less ex- pensive than the one excepted against; and which wMl produce tliat satisfaclioti without which the service can never he genernlly agreeable to those engaged in it, or fully beneficial to the nation." Voles, vol. 5. -On the :HsI of Mav a communication was received containing a fuvilur 400 FINANCIAL MtA-slRES. The resolution was agreed to by the houses, and an enactment directing the mode of levying, and collecting the amount, was passed. A resolution was also reported to the houses, and which was likewise confirmed by an enactment, that all bills of credit omitted by the State whilst the same was a colony, should l)e called out of circulation by the 1st of January next ensuing, in tlie payment of taxes, or in cxcha°ngc for Continental money. By the recall of these bills, an appearance of a kind of opposition in interest and action between the General and State government was I'omovcd, and the exchange for Continental money, tended to sus- tain the credit of the latter, and to enlarge its sphere of circulation. With the same view, (to sustain the credit of the currency,) an at- tempt was made to effect a regulation and limitation of prices. It was supposed that extortionate demands were made for the neces- sary articles of life, and that the evil might, and should be re- strained by direct legislative interference. An act liad been passed by the legislature for regulating and limiting the price of labor, and of s.undry articles of produce, manufacture, and trade, and to prevent forestalling and engressing; but as this act could only ap- ply throughout the State, it had failed in its effect, and its opera- tion was therefore suspended by the legislature. But an opinion prevailed that such regulations were re(|uired, and that if exteiuled and ])roperly observed, they would aid materially in relieving the existing dillicully and distress. Petitions were presented to the legislature, praying that means might be used to procure a regula- tion of prices throughout the country. On the 10th 0( .Tune,- a resolution was agreed to in the Assembly, that as the depreciation of the- Continental liills appeared to threaten -the most alarming evils, a representation should be made to Congress ujion the subject, and on the ("Xpedienry o( adopting a general regnlatioji and limi- tation of prices throughout the United States. .Council not con- (Mirring at the lime, this measure was not inimcdiately carried out, luit at the next sitting of the legislature* the movement was renewed, ;iii(l (»n the '20lli of September it was resolved that application rrquisilii'ii of Con)i;ress k> the Stale, for the sum of two millions fotir Inintlreil liioiiHiiMil dollars, for the servire of the year. Htil il was resolved thai no larger sum sli.Milil lie liuscci l!i;in liail heloro hren proposed. FINANCIAL MEASURES. 461 sliuiilil be made to Congress rei|iiestinff and uri^inff them to adopt and recommend to the States some general jdan for limiting and determining prices; and that a circidar upon the same sul)ject should also be directed to the legislatures of the several States.'* ■* In the address to Congress, it was said, "that amidst the promising pros- pects of an happy issue of tlie present war, and of the estabHshment of the glorious freedom and independence of these United States, we feel the most painful anxiety from the state of the Continental linances, which threatens not only embarrassment, but ruin to the iniblic measures, that in a crisis so alarm- ing, it becomes us not to consume time in useless murmurings, but to engage in devising means to remedy the evil and avert the mischief. If we cnlcidate for a year to come, from the events of a few months past, the increase of prices, and public debts, must appear alarming; the latter perhaps will exceed the reach of common computation, and the former rise to the utter destruction of our paper currency. To prevent evils so truly dt-ploiable, we conceive that every possible exertion ought to be made; and that nothing short of a regulation of prices generally adopted and ellectually carried out, will prove sudicicnt. The im- practability of such a measure has been strongly represented by interested per- soHs, but if practicable in one State, it is also in another, and throughout the Union, and that it is practicable in one State has been tested and proved in this. If other States had come into this regulation, and had pei-severed therein, affairs would probably have worn a different aspect. If your honorable body take the matter up, and form a general system or plan of regulation, and recommend it to the several Sbites, in terms as forcible as the necessity of the case will bear, we apprehend that it will, without delay, take place in the fullest and ani|)Iest manner. Multitudes in the several States Ibrmcrly opposed to the measures arc now anxious to see it take place ; they are convinced that taxation without a rogulation of prices will be more likely to increase than to diminish .the disease. Every vender, they say, will raise upon the articles he has. for sale, in qrder the better to enable him to pay his tax, and thus prices will go on rising, our money depreciating, and oiir debt increasing, until we become a ruined people. With regard to the mode of regulating, we vvonKl oI)serve, that if prices be fixed at any certain standard not to descend, .we fear it will an§\\ er no valuable purpose. Those who wish to break through the regulation have o"nly to withhold what they have for sale, and the business will be done; the scarcity will soon compel the jmblic to yield to their avarice; nor will they run any risk in withholding, the chance will be altogether in their firvor. IJut if prices arc reduced liy mode- rate and regular graduations, and at certain and short periods, the ejisc will ho different; this will operate like a falling market, it will induce the people to ex- hibit what they have to spare, in order to avoiil the loss that miuhl be incurred b^ delay." The ciiculai lo ihc oilier States represented (he urgent danger iVom the de- 462 FINANCIAL MEASURES. The several measures tliat were adopted miffht have served for a time to sustain the credit of tht; currency, could further emissions have been avoided, but this was not found practicable, and in the month of September the amount had risen to one hundred and sixty millions. At that time Congress thought it necessary to declare, that tlie issues in no account, should exceed two hundred millions. But even this resolution could not long be maintained, and the year 1779 drew towards its close, presenting nothing de- cisive in th(; military fortunes of the country, but with the prospect of det;p enitjarrassment in its financial concerns. By the legislature which was elected at tlie usual time, and which convened on the 27th of October, 1779, the ol)jects which had occupied the former body were further pursued. During tlie prer.iation of the Continental bills, and that of the many schemes of relief, a general regulation and limitation of prices, was thought most likely to have tlic desired elfect; that loans could only prove useful as a temporary expedient, and taxation was slow, and its ctFccts would require time to be sufficiently felt. That many and great struggles had been made to arrest the evil that was threatened, all which had iallcn short of their object, because of their partial operation. A general api)lication to Congress was recommended, but that if such an application did not appear eligible, or if when made it shouM not be pro- ductive of the desired eflect, the State was ready to join with others in any other measure that might be thought suited to the end proposed. Nearly at the same time, and probably quite independent of the movement in New Jersey, a meet- ing upon the same subject was held at Hartford, composed of delegates from the eastern States as liir as New York, and they recounnended that another meeting should be held at Philadelfihia, consisting of delegates from all the Stales as far south as Virginia, in the ensuing January. But in November Congress recom- mended a general limitation of prices throughout the States, by their own action. The legislature of New Jersey still resolved upon the appointment of delegates to the meeting in Philadelphia, and Silas Condict and Thomas Fennimorc were appointed. These Commissioners afterwards reported that they had attended the Convention, and after wailing near three weeks and no Conuuissioners ap- jiearing from Massachusetts, Hhoile Island, or Virginia, and a majority present being of opinion that they could not pro])erly act unless all the States mentioned in the recommendation were re|)resented, they were obliged to return without doing any thing to answer the object of their appointment, but that afterwariis, as ihev were informed, Commissioners Ironi Massachusetts and Ithotle Island liMcl allended, and that seven Stales luirit; represented they hud adjourned to mtri ill l'liiladil|ilii;i in April. What liiriher action took place is not known. FINANCIAL MEASURES. 463 pciuloncy of the measures tliat liaealed. In December, 1783, a resolution was adopted to take them out of circulation. FINANCIAL CRISIS. 471 deemed, or that tlicy might be received in exchange for State bills, or used in tlie purchase of supplies for the army, not having been successful, they were made receivable into the State treasury in payment of taxes, and mucli relief was thus given to the jicople. An arrangement was made willi the troops in the Continental service, agreeing upon the amount of tlieir (hies according to a scale of depreciation which corresponded with the value of the currency at the several periods, and an enactment was made for securing the payment of the amount agreed upon. To ensure the enlistment of the forces required of the State, an act was passed to raise a fund by loan for discliarging the bounty to be paid to the troops. Provision was also made designed to secure the more pro- fitable use of confiscated estates.^ By these several measures, the State was enabled to maintain its position. The efforts made by the Continental government were also successful in bringing relief; upon the failure of the general currency. Congress was obliged to resort to other expedi- ents. As the means of the country were so far exhausted that adequate and seasonable returns, from any mode of demand upon the States, were not to be expected, recourse was had to loans from abroad. For this purpose application was made to the King of France. In November, 1780, a letter was addressed to his Majesty by Congress, in which they represented the embarrassed situation of affairs ; and Franklin, the American Minister, was in- structed to use his utmost endeavours to procure the necessary aid. In December, Congress were induced by the pressing neces- sities of the period, to send a special Minister to France, and Col. John Laurens, one of the aids of General Washington, was ap- pointed. Before his arrival, /jro^nises of assistance had been given, but the earnestness of the new envoy excited to movements more answerable to the urgency of the occasion. A subt^idy of six millions of livres was furnished by his Majesty, and an additional 5 The sales of the confiscated estates had been numerous, and the nominal amount of the proceeds large, yet as the receipts had mostly been in Continental money, wiiich was constantly depreciating, the benefit to the State was much reduced. Tlic present enactment provided for a temporary suspension of sales and for a special appropriation of the issues from the estates. 472 FINANCIAL CRISIS. sum by way of loan. Applications of a similar kind were made in Holland, and through the exertions of Adams, a loan of teu^ millions of livres was obtained in that country, the French King generously engaging to become responsible for the amount. Ap- plications for aid from Spain were not successful.'' For the better administration of public affairs, Congress also resolved upon the establishment of distinct departments. The department of Foreign Affairs was assigned to a particular officer, as were also those of AVar and the Marine, and an office was established for the general direction of the finances of the country. The latter place was given to Robert Morris, an eminent merchant and financier, who applied himself with the greatest diligence and energy to the dis- charge of his duties, and was thus enabled, together with an un- sparing use of his personal credit, to contribute in a great degree toward relieving the pressure of the time. Beside the aid received from abroad, the regulations that were made by Congress for reaching their domestic resources, were not wholly unavailing ; the demands for specific supplies were mostly complied with, as were also the requisitions for money, in such kinds and amounts as the States were able to command. A resolution was also passed by Congress, recommending that authority should be given to that body to lay a duty of five per cent, ad valorem on goods imported. ^ By these measures the government was enabled to conduct the country through the threatening crisis in its affairs, although the relief obtained was not in time to prevent the occurrence of much distress, and also of some disorder. In the course of the year 1780, great distress was experienced in the army from the want of proper supplies, and toward the close of the season the impatience <' Spain would only grant assistance upon conJition that the Americans would rchnquish all claim to the navigation ot' the Mississippi, a demand whicli was positively refused. ' This movement is mentioned, not that it proved an availing measure of revenue at the time, but as marking the origin of a course of policy atU-rwards fully pursued. The resolution was adopted by Congress on the 3d of February, 1781, and on the 2d of June the Assembly of New Jersey passed an act " to enable the Congress of the United States to levy duties of five per cent, ad val- orem, on certain goods and merchandize imported into this State, and on prizes ami prize goods, and for appropriating the same." SUCCKSSKS OF THE AMURICANS. 173 of some of the troops broke out into actual revolt.^ Yet tliis evil was soon arrested, and the result of the exertions that have hrcni noticed, was the eventful campaign of 1781. The opening of tliis year presented a prospect by no means favorable to the American cause. The measures adopted by Con- gress and the States, for the removal of existing difhculties, were either in progress, or had not yet been productive of their full effects. The number of troops in the field was greatly below the demands that had been made, and those that had actually engaged were but very scantily and poorly provided for. The clothing and other articles of supplies that had been purchased abroad had not arrived, and the articles procured by levies in the States were not readily collected. But a gradual improvement in affairs took place. AVashington, in conjunction with the forces from France, was enabled to threaten the army commanded by Clinton in New York, whilst Cornwallis was successfully resisted in the south. Somewhat apprehensive of an attack upon himself, and perhaps despairing of further successes at the south, the British Comman- der was desirous of a greater concentration of his forces, and ac- " It required a high feeling of patriotism to sustain the army amidst the priva- tions they were obhged to undergo, and at this time when the pay and the sujt- plies of the troops had so nearly failed, it is not surprising that some discoritt-nt should have been shown. In addition to the general causes of dissatisfiietion, the troops of the Pennsylvania line had an especial cause of complaint. They had been enlisted for "three years, or during the war," and they conceived that their engagement was fultillcd at the close of the three years, which terminated in 1780, whilst the officers insisted that they might still be detained, as the war yet continued. On the night of the 1st of January, a general revolt of this line took place, the soldiers declaring that they would march in a body to Congress and demand relief; but during their march, an accommodation was eflected by which a number of the troops were allowed to depart, and the arrearages of pay secured to them. On the 20ih of January a small part of the Jersey line (among whom however were many foreigners) attempted a similar movement, but such measures were taken as brought them to speedy and full submission. These occurrences served not only to make known the difficulties that existeiU\nts, of every age, sex and condition, including those bound to servitude for a number of years, and three-fifths of all other persons not comprehended in the foregoing description, except Indians, not paying taxes; that if such requisitions be not complied with in the time to be specified therein, to direct the collection thereof in the non-complying States; and for that purpose to devise and pass acU directing and authorizing the same ; provided that none of the powers hereby vested in Congress shall be exercised without the consent of at least States, and in that proportion, if the confederated States should be hercat\or 486 THE FEDERAL GOVERNMENT. the old form of government was not susceptible of such alleralion and amendment as would render it suflicient for the purposes designed. But the new plan was so framed as to preserve in a de- gree the feature had in view by the representatives of New Jersey. increased or diminished. 4th. That the United States, in Congress, be authorized to elect a federal executive, to consist of persons — to continue in office for the term of years — to receive punctually, at stated times, a fixed compen- sation for the services by them rendered, in which no increase or diminution shall be made, so as to affect the person holding the executive office at the time Buch alteration is made, to be paid out of the federal treasury — to be incapable of holding any other office or appointment during their term of service, and for years thereafter; to be ineligible a second time, and removable on im- peachment and conviction for malpractices, or neglect of duty, by Congress, on application by a majority of the executives of the several States; that the ex- ecutive, besides a general authority to execute the federal acts, ought to appoint all federal officers not otherwise provided for, and to direct all military opera- tions ; provided that none of the persons composing the federal executive, shall, on occasion, take command of any troops, so as personally to conduct any military enterprise, as general, or in any other capacity. 5th. That the federal judiciary be established to consist of a supreme tribunal, the judges of which to be appointed by the executive, and to hold their office during good behaviour — to receive punctually, at stated times, a fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons in office at the time of such change; that the judiciary so established, shall have power to hear and determine, in the first instance, on all impeachments of federal officers, and by way of appeal, in the dernier resort, in all cases touch- ing the rights and privileges of ambassadors — in all cases of captures from an enemy — in all cases of piracies and felonies on the high seas — in all cases in which foreigners may be interested in the construction of treaties, or which may arise on any act or ordinance of Congress for the regulation of trade, or the collection of the federal revenue; that none of the judiciary officers shall be capable, during the time they remain in office, of receiving or holding any other office or appointment during their term of service, or for years there- after. Gth. That tlie legislative, executive, and judiciary powers within the several States, ought to be bound by oath to support the articles of union. 7th. l^hat all acts of the United States, in Congress assembled, made by virtue and in pursu- ance of the powers hereby vested in them, and I))' the articles of confederation, and all treaties made and ratified under the authority of the United States, shall bo the supreme law of the respective States, as far as those acts and treaties shall relate to the said States or their citizens — and that the judiciaries of the several States shall be bound thereby in their decisions, anything in the respective laws of the individual States to the contrary notwithstanding ; and if any State, or THE FEDERAL G0\ ERNMKNT. 487 The government was consli luted so as to be partly lederal and partly national; it was not to be composed of a mere aggregation of separate parts, but these parts at ccrfain points were fused into one body ; yet except at these points distinctness was preserved. A positive rule was established which was to operate upon all, and which within its sphere of operation was wholly to supersede the discretion or will of the States ; yet beyond this sphere, the integrity and authority of the States were maintained. IJy this means a government Avas formed which whilst it pervaded the whole Union with such force as to ensure successful action, left all that was local in character to be controlled by the local authorities. The instrument being completed, it was signed in September, 1787, by the members of the Convention, and submitted for ap- proval and adoption.'^ The Convention resolved that the Con- stitution should be laid before the United States in Congress assembled, and that in the opinion of the Convention it should afterwards be submitted to a Convention of delegates chosen in each Stale by the people thereof, under a recommendation of its legislature, for their assent and ratification. It was also resolved, that in the opinion of the Convention, as soon as nine States shall have ratified the Constitution, the United States in Congress as- any body of men in any State, shall oppose or prevent the carryiniT into execu- tion such acts or treaties, the federal executive sliall be autliorized to call Ibrth the powers of the confederated State?, or so much thereof as be necessary to enforce and compel obedience to such acts, or an observance of such treaties. 8th. That provision ought to be made for the admission of new States into the Union. 9th. That provision ought to be made for hearing and deciding all disputes arising between the United States and an individual State, respecting territory. 10th. That the rule for naturalization ought to be the same in every State. 11th. That a citizen of one State, committing an offence in another State, shall be deemed guilty of the same offence as if it had been committed by a citizen of the State in which the offence was committed." '3 Thirty-nine of the fil\y-fivc members who attended the Convention, signed the Constitution. Of the remaining sixteen, some were in favor of it, but were obliged to leave the Convention before the instrument was ready for sign- ing. It was signed by all the members from New Jersey, except Abraham Clark. The list of names, however, varies in difl'erent places. In that given in the report of the delegates to the Legislature, besides the one just mentioned, the name of William C Houston is also omitted. 488 THE FEDERAL GOVERNMENT. sembled should take measures for the election of a President, and appoint the time and place for commencing proceedings under the new Constitution. In accordance with the resolution of the Convention, the Con- stitution was laid before Congress, and that body unanimously agreed that the instrument should be transmitted to the several States for their action thereon. On the 2Gth of October, 1787, the delegates to the Convention from New Jersey reported the proceedings of tlie body to the legislature, with a copy of the Constitution and the accompanying resolutions. On the 27th the legislature resolved, that it should be recommended to such of the inhabitants of the State as were entitled to vote for Representatives in the General Assembly, to meet in their respective counties at the places fixed by law for holding elections, on the fourth Tuesday in November next ensuing, to choose three persons to serve as delegates from each county in a State Convention ; that the dele- gates so chosen should meet in Convention on the second Tuesday in December, to consider and decide upon the Constitution, and that the Sheriffs of the respective counties should give timely notice to the people, of the time, place, and purpose of holding the elections. These resolutions were embodied in an act authorizing the people of the State to meet and act in Convention, which act was passed on the 30ih of October.'" In pursuance of these pro- visions, elections were held in each of the counties, and the dele- gates chosen met in Convention at the time and place appointed, and on the 18th of December, 1787, the Constitution was unani- mously accepted and ratified. ^^ New Jersey was the third State 20 Votes, vol. 7, p. 585. 2' John Stevens was chosen President of the Convention, and Samuel W. Stockton, Secretary. It was agreed that the Constitution should be road and considered by sections ; but scarcely any debate took place, and no amendment was proposed. The whole having been read, the general question was taken, "whether this Convention, in the name and in behalf of the people of tliis State, do ratify and confirm the said Constitution ?" it was determined in the affirmative unanimously. The Convention also resolved that "it is the opinion of this Convention that the State of New Jersey should offer a cession to Con- gress of a district not excecditip: ten miles square, for the scat of government of the United States, over which they may exercise exclusive jurisdiction." Minutes of Convention, THE FEDERAL GOVERNMENT. 189 to adopt the Constitution, being only preceded by Delaware and Pennsylvania. The proceedings of the State Convention were communicated to the legislature at a special meeting, on the 28ih of August, 1788, by a letter from the Secretary of the Convention, with a co|)y of the minutes. A communication on the subject was also received from the Governor. His Excellency said, " I most heartily con- gratulate you on the adoption of the Constitution proposed for the government of the United States, by the Federal Convention, and it gives me inexpressible pleasure that New Jersey has the honor of so early and so unanimously agreeing to that form of National Government which has since been so generally applauded and ap- proved of by the other Stales. We are now arrived to that auspicious period which, I confess, I have often wished that it might please Heaven to protract my life to see. Thanks to God that I have lived to see it." According to the Constitution, the National Legislature was to consist of Senators and Representatives. Two Senators were to be chosen in each State by the legislature thereof for six years.'" The Representatives in each State were to be chosen by the peo- ple, the number to be in proportion to the population, but until an enumeration should be made, and the respective numbers thus determined, a specific apportionment was made. New Jersey was to have four. Electors of President were to be appointed in such manner as the legislature should direct, and to be equal in number to the whole of the Senators and Representatives. The ratification of the Constitution by the necessary number of States having been communicated to Congress, an act was passed on the 13th of September, 1788, for carrying the system into effect; by this act the Electors of President were to be appointed on the first Wednesday in January, 1789, and to give their votes on tiie first Wednesday of the succeeding February, and the legislative bodies were to meet at New York on the first Wednesday in March, 1789. The several measures contemplated, were taken in — Upon their meeting, the Senators were to be classified — the seats of the first chiss to be vacated in two years, the second in four years, and tlie tlurJ in six years. 62 490 THE FEDERAL GOVERNMENT. New Jersey. On the 25th of November, 1788, William Paterson and Jonathan Elmer were chosen by the legislature in joint meet- ing, to represent and vote on behalf of the State in the Senate of the United States, and Representatives in Congress, and Electors of President were chosen according to the provisions made in the case.^^ At the time appointed, Senators and Representatives appeared from eleven of the States, but a quorum of both houses did not attend until the 6lh of April. Upon counting the Electoral votes, it appeared that George Washington was unanimously chosen President, and that John Adams was elected Vice President. Upon being informed of his election, the President immediately repaired to the seat of government and entered upon the duties of his elevated office. Soon after their meeting, the legislature of New Jersey prepared an address to the President, congratulating' him upon his appointment, and assuring him of their willingness to support him in the due execution of the laws, and in the preserva- tion of public tranquillity. Among other important matters, the subject of amendments to the Constitution was brought before Congress at their first sitting by petitions from Virginia and New York, asking that another Convention might be held for a fuller consideration of several par- ticulars, and for preparing amendments. The States just men- tioned were opposed to the Constitution without some alteration. But according to previous agreement, the instrument had already come into force, and Congress had no authority to call another Convention ; but amendments might be made and proposed to the States for their adoption. This was now done. After full con- sideration and discussion, twelve articles were agreed to by Con- gress as amendments. These articles were brought before the legislature of New Jersey by a message from the Governor, on ^ At the same time that the Senators were appointed, Abraham Clark, Jona- than Elmer, and Jonathan Dayton were appointed Representatives in Congress, to serve until the 4th of March ensuing, (at which time the new government was to go into ctlcct,) unless others should l>c appointed in the mean time. On the 28lh, an act was passed providing for the election of Representatives in Congress by the people. THE FEDERAL GOVERNMENT. 491 the 29th of Oclober, 1789, and the subject was acted upon by- agreeing to all the articles except the second. ^^ During its session the Congress agreed upon measures for the establishment of a revenue to support the government and dis- charge the public debts ; duties were laid for these purposes upon imports, and on the tonnage of vessels. The several departments of government were arranged and established, a national judiciary was erected, and the salaries of the several officers of government determined. The houses adjourned on the 29th of September, to ir.ejt on the 6th of January, 1790. A most important as well as difficult subject of consideration of die second session, was tliat relating to the public debt, and especially as to the assumption of the debts of the Slates incurred in the prosecution of the war. After animated debate, a law was passed on the 4ih of August making provision for the debt of the United States, by which act a specific amount (twenty-one millions,) of State debts was as- sumed. This sum was apportioned among the States with regard to the amount of the debts of each. Eight hundred thousand dollars was apportioned to New Jersey.^* Tlie sum thus assumed Was to be loaned to the United States at determined rates of in- terest by individuals holding certain evidences of States debts. During the session of the legislature of New Jersey in 1790, further enactments were made in order to complete and perpetuate the relations between the State and the Federal Union. On the "'Ten of the articles submitted to the States were confirmed by two -thirds of the States, as required by the Constitution. The first and second articles, which related to the number of the House of Representatives, and to the com- pensation of the members of the houses, were rejected. Another amendment of the Constitution, relating to the manner of electing the President and Vice President, which was recommended by Congress to the States, was ratified in New Jersey, by an act of the 27th of February, 1804. 25 By message from the Governor, on the 25th of November, 1791, it ap- peared that the commissioner of taxes for New Jersey had completed his esti- mate of the debt of the State, subscribed to the loan proposed by the United States, and that it then did not quite amount to six hundred thousand dollars, but as it was supposed that many persons had been prevented from conjing in to subscribe, a resolution was adopted by the Legislature, tliat an application should be made to Congress for an extension of llic lime prescribed for Uic sub- scription. 492 THE FEDERAL GOVERNMENT. 12lh of November an act was passed directing particularly the manner of appointing Senators, and Electors of President and Vice President.^'' An additional enactment was also made regulating the jnode of electing Representatives in Congress. The place for the permanent establishment of the government was also selected ; by act of the 25lh of November, it was pro- vided that Trenton, in the county of Hunterdon, should henceforth be considered as the seat of the government of the State. At this period a change took place in the administration of government. Governor Livingston had remained in oihce from the time of the first establishment of the government; he had continued steadily at his post during the difhcult and perilous season of the war; he had assisted in framing the general government, and used his in- fluence in favor of its adoption, and at length, as the fulfilment of his hopes, and the reward of his services, witnessed the complete establishment of the independence, and the Union of the States. He died on the 25th of July, 1790. He was succeeded by William Paterson, who was elected on the 29lh of October, and who con- tinued in ofTjce until March, 1793, when he resigned in conse- quence of his appointment to the place of Associate Judge of the Supreme Court of the United States. He was succeeded by Richard Howell. The civil and political history of the State of New Jersey, though merged from this period to a greater degree than before in that of the United Slates, is still of interest and importance. Yet the merest summary only can here be given. ^^ Governor Howell continued in service until October, 1801, when Joseph Hloomfield was appointed, wlio then served but for a single term. In 1802, there being no choice of Governor, Jolm Lambert, the Vice President of Council, performed the duties of the olllce for that year, but, in the following year, 1803, Governor Bloomfield was re-elected, and remained in olUce unlil 1812. He 28 See Paterson's Laws, p. 102. In December, 1807, an act was paFsed pro- viding for the choice of Electors of President and Vice President, by popular election, and also further providing for the election of Representatives in Congress. -■'The limits allotted for the present work being already much exceeded, the author is compelled to refrain from all details, and give only a few of the loud- inj occurrences of the remaining period. NEW STATE CONSTITVTION FORMKI). 403 was then succeeded by Aaron Ogdcn, who in the followinir vcar •rave phice to William S. Penninfrton. Governor Pennington was followed in 1815 by Mahlon Dicknrson, and tlie latter in turn was succeeded in 1817 by Isaac II. Williamson, Governor William- son remained in office until 1829, when Garret D. Wall was ap- pointed ; but he declining to serve, a new election look place a lew days afterwards, and Peter D. Vroom was chosen. By an- nual re-election. Governor Vroom was continued in the place until 1832, and was then followed by Samuel L. Southard. In Feb- ruary, Governor Southard being chosen to the United States Senate, on the 27th Elias P. Seely was elected Governor; but in tiie following year Governor Vroom was again chosen, and re- mained in ofiice until 1830, when he was succeeded by Philemon Dickerson. The next year William Pennington was chosen, and was continued in office until 1813, and was then followed bj' Daniel Haines. At the close of the Revolutionary war, there were thirteen counties in New Jersey.^ The subsequent advance in population and business, rendered it necessary to establish new divisions, and six other counties have been added. The county of Warren was erected in 1824, Passaick and Atlantic in 1837, ISIerccr in 1838, Hudson in 1840, and Camtlcn in 1814. All these were clothed at once with the same privileges and powers that were possessed by the older counties. The government of the State, although established in haste, and at a period but little favorable to deliberation and care, was found so far suited to the wishes and wants of the people that no earnest exertions were made for any alteration. So early as 1790, indeed, a proposition was considered in the legislature to choose a Con- vention for the purpose of revising the Constitution, and at subse- quent periods similar movements were made. But these measures were not pursued at the time, and a decided manifestation of sen- timent did not occur until llie year 1843. At that time meetings were held in various places within the Slate, to consider the subject and to make a proper expression of opinion in relation to it ; and 2" Bergen, Essex, Middlesex, Monmouth, Somerset, Ihirltngton, Gloucester, Salem, Cape May, Hunterdon, Morris, Cumberland and Sussex. 494 NEW STATE CONSTITUTION FORMED. Avith similar objects, publications were put forth and circulated among the people. The mark of colonial dependence which was yet retained in the provision for a return to a connexion with Great Britain, although it could now have no possible practical bearing, and therefore could hardly be made a matter of serious objection, was yet offensive to the feelings, and tluis probably gave strength to the desire for a revision or complete abrogation of the existing instrument. But the undue amount of authority given to the legislature ; the improper union of powers in the per- son of the executive; the imperfect organization of the judiciary, and the restrictions upon the electors, and the elected, in the pro- perty qualifications required of them, were especially objected to, and urged as reasons for a change. Some of these objections in- deed, were somewhat more formidable in appearance than in fact, and others had been removed in part by legislative provision. But it was urged that defects should be removed if practicable, even if not productive of serious injury ; and the relief that was obtained by legislative interference, whilst it was readily accepted, was yet considered as strengthening the objections against the in- strument itself. If the provisions of the Constitution, it was said, were such that it had become necessary to violate them, it was full time that an alteration should be made. At the session of the legislature commencing in October, 1843, numerous petitions were presented asking that an enactment might be made to call a Con- vention of the people to revise and alter the Constitution. By a number of persons the idea was held, that the object proposed might be fully and properly attained by the immediate action of the legislative bodies ; whilst others were of opinion that the ques- tion as to calling a Convention of the people should first be sub- mitted to a popular vote. The subject was adverted to by Gover- nor Haines, (who had been elected to office soon after the mcetin"- of the legislature,) in a message of the 10th of January, 1844. lie said, "you will allow me to remind you that the formation or alteration of the fundamental law of a State, is the province of the people in their highest sovereign capacity, and not the duty of the legislature, who are delegated to act in obedience to that funda- mental law. The same voice that asks a change of the Constitu- tion, asks that change through the medium of a Convention ; and NEW STATE CONSTITUTION FORMED. 495 instructs us to fix by law, ihe time, place, ami inaMiicr of foriniiiir it. A law, therefore, calling a Convention ol" a siiilablc number of delegates, at as short a time and little expense as the importanre of the measure will justify, I believe to be both proper and necrs- sary. If the will of the people has been misunderstood, they can so express it by instructions to their delejrates. I commend the sub- ject to your early consideration and prompt and ellicient action." The matter was held under consideration by the legislature until the 23d of February, 1844, when a bill was passed by the Assembly entitled "An act to provide for the calling of a Conven- tion to frame a Constitution of the State, to be submitted to the people thereof for ratification or rejection."'^ The law provided that an election for delegates to meet in Con- vention should be held in the counties on the 18th of March ; the number chosen to be equal to the number of members of the General Assembly, and they were to meet on the 14th of May next ensuing. The instrument formed in Convention was to be submitted to the people for their final decision on the 2d Tuesday in August. Before the close of llie session, the members of the legislative bodies, acting extra officially, (together with other indi- viduals of influence in the State,) came to a resolution recommend- ing to the people of the counties to hold preparatory meetings, and to nominate by common agreement and assent, persons from the different political parties, as delegates to the Convention 4 and an arrangement was proposed which would secure the election of an equal number from each of the parties. The recommendation thus made, proceeded from an elevated sense of public duty, and a willingness to forego all considerations arising from the interests or views of party, in order to secure harmonious action in an eff"ort for the general good. This measure, so honorable to the actors, and to the State, was acceded to (with a single exception) and carried out by the people. The delegates were selected and chosen in the manner proposed, and the Convention met accord- ing to appointment on the 14th of May, 1844. Fifty-eight mem- bers were in attendance. 29 The bill passed, had come from the Council, and liad been amended by the House, and the amendments were afterwards agreed to by the Council. 496 NEW STATE CONSTITUTION FORMED. On entering upon ilie business of the Convention, some differ- ence of opinion was found to exist in regard to tlie particular mode of procedure. Some of the members were disposed to limit tlieir action to an amendment of the existing Constitution, making oidy such changes therein, as public opinion appeared to demand, or full examination might suggest ; but others were inclined to a consideration of general principles, and the creation of distinct departments of government, with but little reference to any exist- ing provisions. The latter mode was finally adopted. Hence a new instrument was formed. In this plan, the operation of govern- ment was more closely restricted by a fuller declaration of the rights and privileges that were retained by the people.'"' A par- ticipation in civil and political privileges was secured to a larger number, by a guaranty under constitutional provision of the right of suffrage to those who had formerly only enjoyed it by legisla- tive enactment. The diflerent departments of government were entirely separated. The legislative department was made to con- sist as before, of two bodies, their numbers to continue the same until the next census should be taken ; but the Council to take the name of Senate, and the members to be elected for three years. The property qualitication of the members of the legislative houses required by the former Constitution, was wholly removed. The executive authority was vested in a Governor, to be elected by tiie people of the State, and to hold office for three years. He was to perform no legislative duties, but to have a qualified veto power upon the action of the legislative bodies. Except as a single mem- ber of a body with powers of a mixed character, no judicial authority was allowed to the Executive. The judicial department was fully establislied, both in rcsipcct to the cliaracter and number of courts, and the appointment and duties of ollicers. A Court of Errors and Appeals in the last resort, was provided for ; a Court of Impeachment; a Court of Chancery; a Prerogative Court; a Supreme Court ; Circuit Courts, and such inferior courts as were existing at the time. All these were to be permanent, except the ^Tlic enumeration of ricfhts and priviIro ^o •^^ ^Ov "°. « o <^. -^ -0 ^, ■A (; v^ - ' • C" .Vv?^7. .•^' o. <^. . V , • c . %fk . ^^o'' \^ .. '^ - ♦" ,0 V. V