-/ J (J
THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
IN MEMORY OF
EDWIN CORLE
PRESENTED BY
JEAN CORLE
" ~
CIVIL AND POLITICAL
HISTORY OF NEW JERSEY:
EMBRACING A COMPENDIOUS HISTORY OF THE STATE,
FROM ITS EARLY DISCOVERY AND SETTLEMENT
BY EUROPEANS, BROUGHT DOWN TO
THE PRESENT TIME.
BY ISAAC S. MULFORD, M. D.
PHILADELPHIA:
C. A. BROWN & CO.
NORTHWEST CORNER OF FOURTH AND ARCH
1851.
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.
.: A i at Jat.o ;. j i n T
.A
StacR
5
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CONTENTS.
CHAPTER I.
Pae
The English Discoveries, .....-•«-*9
CHAPTER II.
Possession by the English, -..*»»* 21
CHAPTER III.
The Dutch Claim, 33
CHAFFER IV.
New Netherland, - - 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 of a
part of the country, - - 115
CHAPTER VIII.
NEW JERSEY. — The establishment of Government, - 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 Byllinge — Partition between Fenwick
and Byllinge — Settlement of Fenwick— Quntipartite Divi-
sion— Provisional Government — Proprietary Government, 164
CHAPTER XI.
Proceedings in West New Jersey, - - - - * - 180
2039023
CONTENTS.
Page.
CHAPTER XII.
Government in East New Jersey— Release of the Duke of York —
Government after the release — Sale of the Province — Go-
vernment under the new Proprietors, - - - - 193
CHAPTER XHI.
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 XVII.
Morris', Hamilton's, and Belcher's Administrations — The French
War— Change of Governors, 335
CHAPTER XVIII.
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 Colonies
— 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 XXI.
Proposals for accommodation by the English — First Legislature
of the State of New Jersey, 427
CHAPTER XXII.
Second Legislature — Articles of Confederation — Financial Mea-
sures, 444
CHAPTER XXIII.
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 intro-
duction to the present volume. A fondness for historical pursuits,
especially such as relate to our own country, was the motive that
originally prompted the author to enter upon the undertaking. A
part of the material was collected and arranged, with scarcely
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 render 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
VI 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 faults 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 be 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., 5th month, 1848.
ERRATA.
VARIATIONS IK ORTHOGRAPHY. — Privilege has sometimes been printed
privilege — enterprise, enterprize — and maintenance, maintenance.
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.
M 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 £8, 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 de vested.
" 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 Aderman.
Page 215, line 18, for administrated read administered.
" 218, line 12 from bottom, for been met, read seen meet
Nole 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 inhabitants 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.
THE ENGLISH DISCOVERIES
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 different 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. He projected
a voyage of discoveryand made application to Henry Vli. 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. Jt 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.1 Some time elapsed
before the difficulties incident to such an attempt could be wholly
1 Rymer's Foedera Anglioe,
2
10 TIIE 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'clock in the morning.''2 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.3 CXJiers 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.4 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. — Tytler's View.
It was also " to be scene in her Majesty's privie gallerie at Westminster, and
in many other ancient merchants houses." — Hakluyt.
3 Tytler's Historical View. ••
' Holme's Annals, Proud's History, Grahame's Colonial History.
THE ENGLISH DISCOVERIES. 11
covcries were made in the course of the second one. Upon the
first, the one now under notice, little more was effected 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.6 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 acolmt 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 fifty-six degrees
under the pole, and seeing that here the coast tended toward the
east, I despaired of finding any passage and so turned back."7
'Memoir of Sebastian Cabot. • Viaggi del Rnmusio.
1 Ramusio, lom. 1st.
12 THE ENGLISH DISCOVERIES.
Yet in another part of his work this author declares, that it was
Written to him by Sebastian Cabot, that he sailed to the latitude
of sixty-seven and-a-half degrees under the north pole.8 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 concluded 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.9
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.10 This narration is not perfectly determinate and clear,
8 Ramusio, torn. 2d.
9 According to some authorities, Cabot arrived upon the coast in this voyage
in the latitude of fifty-eight degrees, but it may be doubted whether this was not
in the later voyage performed in the next reign.
10 Peter Martyr de Orbe Novo. A single glance at the North American conti-
nent will serve to illustrate the meaning of a part of the passage here cited. The
"bending of the land" is southward to the thirty-fifth degree, which is almost the
latitude of the straits of Herculus or Gibralter,from that point it tends westwardly.
THE ENGLISH DISCOVERIES. 13
but it imports, that the navigator had arrived near the Island of
Cuba, and it is obvious, that with this Island on the left hand, the
nearest part of the continent, almost in the same longitude, on his
right hand, would be that portion of country to which the name
Florida has now 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 was 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."11 In its inception the claim
of the English nation to land in America was considered as origi-
nal in its character; in other words, 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 now, 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 capable of confer-
11 Grot i us.
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 unknown, 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.
A long 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.12 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.13
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 1508T 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.
13 Almost the only account of the voyage of Cortercal is contained in a letter
from Pietro Pasqualigo, Venetian Embassador in Portugal, to his brother, dated
October 19th, 1501.
16 THE ENGLISH DISCOVERIES.
be 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 fiftieth 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 were then made.
It is certain at least, that within the limits of twenty-five and fifty-
six degrees of latitude, (and it js not necesssr jr ju$t now tcr inquire
feeyond 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^ritish 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 efforts 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 the country and establish a
settlement. Accordingly, after exploring the coast, and discover-
THE ENGLISH DISCOVERIES. 17
ing tho mouth of a river which he called the St. Lawrence, he
ascended the stream, look 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 settled 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 title, even
to the territory actually occupied.14
Beside the nations already mentioned, the discoverers of South-
ern Amei'ica, 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 territory 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
14 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 DISCOVERIES.
right from possession had not become established, and hence in
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.15 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 the 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
under circumstances like these. 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 already been mentioned, were made at a
comparatively eai'ly period, and subsequent to these, nothing was
done in Northern America, until the advqnt 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
advances 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
title, by use and possession.
t ; "-»/-. «fc
.-:
.. - : •
. - ' . .
CHAPTER '-II.
POSSESSION BY THE ENGLISH.
AT length a period arrived when the English people resolved
lo 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 was projected to establish a settlement, and the course
of procedure adopted at the time, was such as brought at once
into view, some of the most important principles of British
colonial policy. Application was made? to the Queen 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, 157ft
This instrument gave to Sir Humphrey, the full right to certain
portions of lands, and also, full authority for the establishment
and maintainance 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
which 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 within
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 nv THE ENGLISH.
of the people, provided, however, that "the said. statues, laws,
ahd 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 parts of the realm.
The territory in America could only be regarded as a part of
the dominion subject to the crown, and subject as were other parts,
to the powers that belonged to the crown. Hence, .to inquire
whether the sovereign could make such a grant as that conferred
upon 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 subject to dispute what the king
may do, in the height of his power." " Good Christians," he says,
"will be content with God's will revealed in his word, and good
subjects will rest in the king's will revealed in the laws." But
notwithstanding these pretentious, the royal prerogative was really
restricted within determined bounds, and some of these restrictions
had existed from the earliest period. Ina, the great Saxon king,
distinctly acknowledged, that there was no great man nor any
other in the whole kingdom, that could abolish written laws. It
was a part of the oath administered to the Saxon kings at their
entrance upon the government, that they should "maintain and
rule according to the laws of the nation." In the year 1215,
King John had been compelled to sign the Charter which from
its importance, has ever since been denominated Magna . Chartu.
In this charter the limitations of the royal prerogative were dis-
tinctly laid down, and at subsequent periods other restrictions had
been added, and assente'd to. And at the very time that King
POSSESSION BY THE ENGLISH. 23
James put forth his arrogant pretensions, his people and their
representatives in Parliament were far from assenting to his prin-
ciples and his course.1 But it does not appear that in the act of
Elizabeth in which she gave a title to land, and granted authority
to rule, the rightful authority 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."2 That the holder of the crown
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 by 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 the 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 the
statute of Queen Anne, in the year 1701. In consequence of this
statute, the power of the sovreign over the 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, the power to
establish government, was based upon similar grounds. It did
not belong to the king, as a part of his prerogative, to determine
the form of government, throughout his entire dominions ; but the
laws and customs of the country allowed a different exercise of
power, in different parts of the kingdom. Counties Palatine had
1 " The king thought that the lavish tongues of men pryed too narrowly inlo
Ihe secrets of his prerogative which were mysteries too high for them, being
arcana imperil, fitted to be admired rather than questioned. But the Parliament
wcro apprehensive enough that these hidden mysteries made many dark steps
into the people's liberties; and they were willing by the light of law and reason
to discover what was the king's, and what was theirs." — Parl. Hist.
* Blackstone.
24 POSSESSION BY THE ENGLISH.
their own rulers and laws ; some places were not affected by acts
of Parliament, unless specially named therein, and where posses-
sion was taken of vacant territories, the king, jure coronoa had
the power of instituting government therein, provided that such
government was consonant to English usages and laws.
The patent now granted by the 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,8 "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
derogate from the sovereignty of the mother country."
In its general scope then, the grant to Sir 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, he was compelled to return without
effecting a settlement. 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.4 He proceeded at once to exercise his
authority, and enacted three principal laws for the government of
his colony. By the first of these, public worship was established
according to the Church of England, by the second, the attempt-
ing of any thing prejudicial to her majesty's title, was declared to
be treason according to the laws of England; by the third, the
uttering of words to the dishonor of her majesty, was to be
punished with loss of ears, and the confiscation of property.
These were the first laws ever made and promulgated in the
3 Blackstone.
4 Gilbert says, " On the 5th day of August I entered here, in. the right of the
Crown of England, and have engraven the arms of England."
Letter to George Peckliam.
POSSESSION BY THE ENGLISH. 25
country. 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, but also as an exhibition of the temper of go-
vernment, at that time. They show the measure of liberty in
thought, and word, 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 title of " Letters Patents graunted
by the 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 yeers and no more." Dated
March 25th, 1584.
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 within the time mentioned.6 Raleigh
was a man of vigorous and ardent mind, and he immediately
prepared to make use of the advantages given in his patent. He
s 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 for the continuance
of this possession, and government begun."
* It is asserted by Stith, (Stith's Virginia,) that " on the 14th 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 the "proviso" might have been added by the Queen, by the
same power that enabled her to make the original grant. But whatever may have
been the cause of the application, it affords the first example of the action of
Parliament in the affairs of America.
4
26 POSSESSION BY THE ENGLISH.
equipped and sent out two ships under the 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 frequent 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.
Raleigh engaged in several attempts to colonize Virginia. Act-
ing either 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 maintained 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 the 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 back
to England.7
It was the error of Raleigh and his associates that they failed
in a proper concentration of means. Their resources and their
efforts were great, but they were expended in repeated and
distant attempts. No one of the bodies sent into the country
was possessed of sufficient strength to ensure success, yet they
were not sustained by timely assistance. Of consequence, these
bodies fell by successive disasters, and each time the ruin was
so complete, as to destroy not only the labors of the past,
but also all hope for the future ; so far as these bodies were con-
cerned, all expectation was extinguished.
1 1t is commonly stated that Raleigh's Patent was afterwards forfeited in
consequence of his attainder. But before the final dissolution of the colonies es-
tablished by him, he had made an assignment of his privileges and rights, (wiih
some reservations,) to Thomas Smith, and other merchants and adventurers.
This assignment was made on the 7th of January, 1589. The assignees attempted
or effected but little, and at length either . relinquished their claims, or became
parties in the companies subsequently formed.
I'OSSESSION BY THE ENGLISH. 27
About this period the pretentious of the French were again
advanced. In November, 1603, Henry IV. of France made a
grant of territory upon the American continent to the Sieur De
Monts, a gentleman of the Bedchamber. This grant extended
from the fortieth to the forty-sixth degrees of latitude. De Monts
was constituted Lieutenant General, with power to colonize
and rule the country, and to subdue and christianize the native
inhabitants. De Monts himself was a Calvinest, but he
agreed to establish the Catholic religion within the new lands.
He made a voyage to America with a company of adventurers,
and effected a settlement which however was soon afterwards
abandoned.
The re-appearance of the French at this time, manifested a
disposition to persist in their claims upon the American con-
tinent, and the attempt just noticed, together with others that
succeeded, eventually led to a disbute between England and
France which was finally determined by an appeal to the sword.
For some years subsequent to the issue of Raleigh's attempts,
Virginia was almost entirely neglected. Different navigators
visited the country, among whom Bartholomew Gosnold deserves
to be particularly noticed; but no new settlements were made,
and finally, at the close of the reign of Queen Elizabeth, it is
doubtful whether a single Englishman remained within the limits
of Virginia, or indeed in any part of Northern America. Yet
the efforts that had been made were not without fruit. The
country had been brought into notice, a period of actual pos-
session had given additional strength to the English title, the
settlers had examined the lands, and the difficulties to be encoun-
tered had become known from actual trial. The first adventurers
had suffered, and many of them had perished; they had not been
able to secure the country for themselves, but they had rendered
the way to possession more easy and safe to others.
The beginning of a new reign was also the beginning of a new
era in colonial history, an era of much vicissitude but marked by
ultimate success.
In the year 1606, application was made to James the First, by
divers persons, for authority to engage in a new attempt to colo-
28 POSSESSION BY THE UNCiLlSH.
nize Virginia. The king "greatly commended and graciously
accepted their desires, for so noble a work." A patent was soon
afterwards issued by which Virginia was divided into two nearly
equal parts, and each portion was assigned to a separate company.
The "First," or southern division which extended from the thirty-
fourth to the forty-first degree, was granted to a body called the
London Company. The " Second," or northern division extended
from the thirty-eighth to the forty-fifth degree, and was assigned
to an association designated by the name of the Plymouth Com-
pany. It is evident that these grants were conflicting, as they
both extended, in part, over the same portion of territory. The
portion so situated was that between the thirty-eighth and forty-
first degrees of latitude, and included the present States of
Maryland, Delaware, Pennsylvania, and the, whole of New
Jersey, except a triangular portion at its northern point.9 But
a direct collision between the companies was prevented by a con-
dition, that one should not form a settlement within one hundred
miles of a colony planted by the other, and after a period, their
limits were reduced to entire accordance, as will hereafter be
noticed.
The patent gave to these companies the full right of property in
the soil extending fifty miles on each side of the place of settle-
ment, and reaching one hundred miles into the interior country.
The companies were authorized to transport to their respective
territories as many English subjects as should be willing to
adventure. They were also allowed to export from England
whatever was necessary for the defence or sustenance of the
colonies, without paying duties, for the space of seven years.
The government that was established was distinct in name and
form, from the companies, and was of a character not a little
singular. It was a sort of Vice Royalty but composed of different
bodies, and embracing a large number of members. One body
having general authority, was to be established in England, and
• It is to be observed, however, that the patent did not define the limits of the
grants toward the west. Those portions only that were specifically given to the
companies, were defined in that direction.
POSSESSION BY THE ENGLISH. 29
two others, one in each of the provinces, with subordinate juris-
diction. These bodies, called councils, were to consist severally
of thirteen members, all to be appointed by the king. The
councils were to administer the 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. By
this code of instruction, the provincial councils were empowered
to make all necessary regulations for the provinces, provided that
they should be consonant to the laws of England, and subject to
revision by the king or the supreme council in England. 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 be
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
only, and not in capite. 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 rnay 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 objects 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.
Some 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 rights and franchises of English
subjects were also fully conceded, a grant however which it was
scarcely necessary to make.
The liberties and franchises of Englishmen were not to be given
30 POSSESSION BV THE ENGLISH.
or withheld at the pleasure of the king; they were set-nivd to
every one by the laws of the realm, and the claim to them was
neither lessened or lost, in the remotest parts of the kingdom. In
conferring them, the king did but give, what the subject had a
right to enjoy, either with, or without his grant. Yet, notwith-
standing this, and notwithstanding the royal concession itself, the
patent, in some of its provisions, was a virtual denial of the rights
and immunities of Englishmen. It established a rule in which
the people had no participation, either direct or remote. The
whole government was in the hands of bodies appointed by the
king, and holding and using their authority at his discretion ; the
royal element in the English government would therefore exist
in the province to the 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. But these limits were not observed. New
powers were assumed, and hence the colonists were reduced
to absolute dependence upon the clemency or discretion of the
king, except in a few particulars.
But these objections to the charter granted at this time, were
but little regarded, and it was under the authority of this instru-
ment that the first permanent settlement within the limits of the
British possessions was made.
This enterprize was carried on by the South Virginia, or
London Company. Three ships were sent out under the com-
mand of Christopher Newport, carrying a body of emigrants, one
hundred in number. The expedition arrived in the bay of
Chesapeake on the 26th of April, 1607.
Presently after landing, a situation for a settlement was sought
out, and the place selected was called Jamestown, in honor of the
king. The colony here planted was the first to take firm root in
the country. The history of its early struggles cannot here be
pursued, but it would be unjust to pass on without some notice of
one individual. John Smith, one of the members of the Colonial
Council, was a man who from nature and from previous habits,
seemed to be* fitted for the time, and the place. He had great
POSSESSION BY THE ENGLISH. 31
energy and determination, and was accustomed to strenuous effort.
He shrunk from no trial or danger, and amidst the difficulties and
perils of this period bore up the spirits of the people, 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 23d of May, 1609, a new charter
containing a grant of additional priviledges 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 hundred
miles to the north, and the same distance to the south, and reach-
ing westwardly from sea to sea.
This grant differed from the former one in several particulars.
The whole of the lands included within the limits just mentioned,
were given absolutely to the company as property; before, a
small portion only was thus granted. The limits also were
enlarged in some directions, but were reduced toward the north ;
two hundred miles from Point Comfort northwardly, would only
reach to the fortieth degree of latitude, whereas the former grant
extended to the forty-first degree.
The territory between the fortieth and forty-first degrees, in
which more than one half of the State of New Jersey was
included, fell from the time of this grant, under the sole author-
ity of the Northern Virginia, or Plymouth Company. Before
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 here to be particularly
noticed, belonged, in part to one company, and in part to the
32 POSSESSION BY THE ENGLISH.
other, the fortieth degrees of latitude being the line of division be-
tween them.8
Such was the situation of affairs when a new company of
explorers made their appearance, as will be noticed in the ensuing
chapter.
9 The extensive 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 mentioned.
CHAPTER III.
T HE 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 with 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 the 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 August he entered "a great Bay," the
same to which the name Delaware was afterwards given.1 But
he did not explore the stream to any extent, finding it to promise
but little 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 farther
north, the Bay of New York, and discovered the river which still
bears 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.2
1 The next year after the voyage of Hudson, Lord Delaware touched at this
bay on his passage to Virginia. It is probable that either he or some of his com-
pany gave his name to the bay at that time, for about two years afterwards, in
May, 1612, it was mentioned by the nam,p of Delaware Bay, in a letter written
by Captain Argal, from Virginia. The letter is given in Purchas.
1 It is to be observed that Hudson proceeded at first, from north to south, he
afterwards changed his course and ran in an opposite direction. In the first part
of his voyage — he made the laud first in the latitude of fourty-four degrees, fifteen
5
34 THE DUTCH CLAIM.
Very different statements are given by writers as to the par-
ticular circumstances connected 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 subject, 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, calle.d the East India Company, and it was during his engage-
ment with that body that the voyage now under notice was made.
But another difficulty has here been started. Hudson, as
already stated, was a native of England, and it has been con-
tended by some, that he could not transfer his allegiance as a
subject so far as to give an important claim, to a foreign people.
But this objection is not well founded ; 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 benefit has been claimed by the principal, without the least
regard to the nativity, or the previous obligations, of the agent
employed. Columbus was not a native of Spain; Cabot was not
minutes, and there went on shore. The next land he discovered was Cape Cod,
which he supposed to be an island, and called it New Holland. After that he
reached " Dry Cape," or Cape Charles, not far from which the English had settled
three years before. On his return he examined Delaware Bay, afterwards the
Bay of New York, and Hudson River.
THE DUTCH CLAIM. . 35
an Englishman, and Verrazano 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.3
But, whilst 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.4
3 The only peculiarity in the present case is this, Hudson was not acting under
ihe 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.
4 There is reason to believe that Hudson was not really the first to visit the
country within the limits of New York. These (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 Discourse.
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
Queen Elizabeth, one hundred and ninety-five years afterwards, in 1797, 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 tl;e spot. — Yates and Moulton.
In reference to the South River and the country 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 and nine, and for many years afterwards by Christians
under the dominion of the States General of Holland." — Bill in Chancery by the
Penns, against Ijord Baltimore, 1735.
It is also said that this place was visited before the advent of Hudson, by Sir
Walter 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 probable
that Verrazano had touched upon the northern part of the shore of New Jersey.
36 THE DUTCH CLAIM.
The territory in question formed but a part of the country
originally discovered and claimed by Cabot on behalf of the
British crown.. No country can be twice discovered, unless
history 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, but the
fact, if fact it be, is only sustained by a faint tradition which
modern nations have ceased to regard.
But such was not the case with the British discovery; it 'con-
tinued to be known, and it was fully known to the Dutch 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 mouth 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, and the country connected with the
stream have before been unknown.5 It cannot be supposed that
the discovery of the outlet of a stream would give a right to the
territory along its entire extent, although such territory had been
known and claimed before. This would be unjust and indeed
absurd. The regulations of European law give no support to
such a pretence.
But another point is still to be noticed. It may be supposed
that so 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
• See p. 14.
THE DUTCH CLAIM. 37
should not be allowed, they yet might come in and acquire a right
from occupation and use.
The duration of a claim from discovery 'Jias already been
sufficiently considered.6
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 different 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 denned 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,7 a second grant
had been 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.8 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 the 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."9 Portions of territory not really occu-
6 See p. 18.
1 The second patent was given to the South Virginia Company on the 23d of
May, 1609.
8 The Bay of the South River, (or Delaware,) was the first place of which the
Men of the Half Moon took possession, before any Christian had been there. —
Vander Doncl).
"Grotius.
d» THE DUTCH CLAIM.
pied, will thus be subject to the right of ownership as well as the
particular parts that are actually possessed; the same right will
exist throughout the whole extent. 10 In the instance under notice
the right of possession extended over the whole of the 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 Company, 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 which they had waged a successful war with one of
the oldest kingdoms of Europe. They 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 enterprize of Hudson was supposed to have
opened a field 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 obtained 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 traffic might be opened with the
native tribes.
The 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 proceeded to the Bay of New York."
10 But under a claim from possession a vague demand may not be made extend-
ing over territory not defined by ascertained limits. In the absence of a positive
grant from a superior, it will be confined within such bounds as the actual
knowledge and efforts of the possessors themselves have enabled them to lay
down within these limits, it will be good in so far as it is good at all.
11 O'Callaghan, New Netherland, p. 68.
THE DUTCH CLAIM. 39
The prospect of advantage that was opened led to the 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, 1614, an edict was issued by
"The States General of the United Netherlands,*" by which 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 by this ordinance, a number of
merchants fitted out and despatched five ships, which were under
the direction of Adriaen Block, Hendrick Corstiaensen, and Cor-
nelis 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 Holland 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 for the
priviledges allowed in the late edict of the State, to all discoverers.
Accordingly, on the llth of October, 1614, a special grant was
made in favor of the company.12 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
1Q The persons belonging to this company were particularly named.
O'Calaghan, p. 71.
40 THE DUTCH CLAIM.
which lie between the fortieth and the forty -fifth degrees of lati-
tude, and which are now named NEW NETHERLAND."13 But the
privilege thus given was limited to four voyages, to be performed
within the space of three years. The company to whom this
grant was made assumed the name of " The United New
Netherland Company."
Commander Corstiaensen, who with his people, had remained
in the country,'4 proceeded to make the arrangements that 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 farther improvements. Here a fort was
erected, and this place became the principal point of business and
intercourse. The work here erected was called Fort Amsterdam.
13 The limits as here given are not correct, probably the points of latitude had
not been fully determined, or the precise extent to be secured, or that was
afterwards claimed; had not been fully examined. It is elsewhere said that this
country, the New Netherlands, begins north of the Equinoctial line thirty-eight
degrees fifty-three minutes, and extends north-easterly along the sea coast to the
latitude of forty-two degrees. We may safely say that we do not know how
deep or how far we extend inward. — Van der Donck.
" The statements here given as to the return of Block and Mey and the stay of
their associate, is founded entirely upon a comparison of the several circum-
stances attending the enterprize. No distinct authority can be referred to. Cor-
sliaensen was in the country at a period which almost forbids the supposition that
he had returned to Holland, and again come back. During this period, no men-
tion is made of either Block or Mey and the presence of the former and the
absence of the two latter are hence inferred.
THE DUTCH CLAIM. 41
In the following year, as it is stated, a small redoubt was thrown
up on the opposite bank of the Hudson, within the limits of the
present State of New Jersey.15
The immediate object in view in the undertaking directed by
Corstiaensen, was the prosecution of traffic with the 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.18
The New Netherland Company continued to forward ships to
the Island of Manhattan, and the settlement at that place gradually
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, worthily 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.17
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 neighborhood of the Esopus Indians, and also
at Schenectady.18 These early advantages and advances seemed
to open the way to future success.
" Gordon, p. G. . '6 Moulton. " Gordon, p. 7. " Gordon, p. 7.
42 THE DUTCH CLAIM.
But there were other circumstances of a different, and some of
a threatening character ; 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 Dutch become seated at Manhattan, before
they were visited by a company of English. This- body was
under the direction of Captain Argal, of Virginia; he had been on
a voyage to the north, and in his progress; had attacked and dis-
persed a company of French, who had settled at Port Royal, in
Acadia. Argal was p'robably prepared for a similar attempt upon
the Dutch, had any resistance been offered. He told the "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 the 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.19 . Opposition to the claims of the Dutch was also
manifested on other occasions, though not in a manner so decisive
as that exhibited in the movements of Argal. •
At this time the Northern Virginia or Plymouth Company
appeared, to revive their claim. To this company the greater part
of the country embraced in New Netherland had belonged, before.
19 Plantagenet's New Albion, Heylin's Cosmography, O'Callaghan's New
Netherland.
Scarcely any event in our early history -has given rise to more discussion
than the visit of Captain Argal to the Dutch settlement. The occurrence
itself has been questioned, by some, on the ground that nothing appears concern-
ing it in the records of the Virginia colony, whilst the attack upon the French is
repeatedly mentioned. But this negative circumstance cannot be 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 1613. It
is certain that from 1610 to 1613, the country was frequently visited by Dutch
navigators, and there is reason to suppose that the principal trading station was
on the Island of Manhattan. But there is nothing to show that there was any
thing like a permanent establishment, and still less that there was any officer who •
could with any propriety, be called a "Dutch Governor," prior to 1014, when
Corstiaensen established himself, and erected Fort Amsterdam.
THE DUTCH CLAIM* 43
the coming of the Dutch, and this claim had never been relin-
quished. The 'Plymouth Company had been less successful than
its Southern rival ; different attempts had been made to establish
settlements in the country granted in their charter, but all had
finally failed. But at this time ah entirely new patent was
granted by the king.20 It was given to the Duke of Lennox, Sir
Ferdinando Gorges, and others, forming an association under the
name of "The Council 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 northernly latitude." This grant was
made without the least regard to the presence of the Dutch, al-
though it included the whole 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 20th of December, 1620, they began to erect dwellings at a
1 Dated in November, 1620.
44 THE DUTCH CLAIM*
place they called Plymouth. Fortunately for 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.21
Nor was this questioning of tide the only circumstance that
occurred, unfavorable to the advancement of New Netherland.
The charter of exclusive privileges that 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 with
the colony was thus kept up ; but without the prospect of perma-
nent benefit there was little to induce to farther improvement.
The benefits 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 which might be apprehended from the
several causes that have just been mentioned, may have hastened
a project which at this time was meditated in Holland for forming
a new and more extended company. At this period the general
interests of the country were in jeopardy. The twelve years
truce which had been concluded with Spain was near its termina-
tion, and hostilities might be expected to ensue. Trade 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 to escape their grasp. Hence, a concentration of mercantile
* O'Callaghan, p 84. It is stated that.Argall, with a number "of planters,
were preparing to settle on the Hudson at this time. — Mason's Letter.
THE DUTCH CLAIM. 45
energy and wealth was proposed, as a means of aiding the country
and defending commerce, and also of extending colonial interests.
The plan being finally 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
46 THE DUTCH CLADT.
settlement of their possessions, encourage^ population, and do every
thing that might promote the interest of those fertile countries and
the increase of trade. They were a'ls.o empowered for the pur-
pose of protecting their trade and possessions, to erect and garrison
forts and fortifications. They might distribute justice, preserve
order, maintain police, and administer the general, civil, and
military government of their transmarine affairs. They might
appoint a governor in chief, or director general, commanders, and
all officers, civil, military, judicial, and executive, who should take
an oath of allegiance to the States, as well as to the company.
But having 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
officer appointed by the joint consent of the company and the
States. But the company were required to furnish unconditionally
sixteen ships, and fourteen yatchs, which were designed "for
the defence of trade and all exploits of war." The States Gene-
ral contributed one million of guilders to the funds.22
The government of the West India Company itself, was vested
in a number of Directors, who were distributed into several
separate Chambers 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 with the superintendance of all the general
interests and movements of the company.
Considered as a means of strengthening the government, and of
protecting and advancing commerce, the charter of the West India
Company may have been properly devised. But nothing could
be more defective as an instrument for the promotion of colonial
33 Hazard's Collections — Moulton's New York.
THE DUTCH CLAIM. ,.' ">v -if, 47
interests. It gave no security whatever to settlers. The whole
authority of government wjis e.ntrusted to "the "company without
any restrictions ; and the government of mercantile companies is
seldom either liberal in character, or liberally administered.
Suc.li 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, arid a report was spread that
preparations were making for sending a number of vessels to
New Netherland. These circumstances .excited the jealousy of
the New England Company anew-. 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 unto .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, he,jureprim3e occupationis,
having a good and sufficient title to those parts, and that those
ships should not be allowed to proceed, er any 'further attempts
be made for the settlement of colonies;
In obedience to ordei's, the Embassador. demanded an audience
of the States General,- and presented a memorial -upon the subject.
The Dutch Government .professed not to be in possession of the
48 THE DUTCH CLAIM.
farts of the case, and upon being again applied to, a direction was
givfcn, that application should be made. for information to those
who were concerned in the trade to New Netherlands3 .
Finally, as it is stated by most authorities, the Dutch Embas-
sador in England, disavowed on ' the part of his government, all
concern in the acts that had been complained of.24
23 O'Callaghari, p. 97.
24 See Captain Mason's letter relative to the Dutch in New Netherland, dated
April 2d, 1032.
CHAPTER IV.
NEW NETHERLAND.
ONE 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 province to be
known and distinguished by certain armorial insignia.1 The
management of its affairs was assigned to the Chamber of Am-
sterdam, this department having the direction of four-ninth parts
of the whole stock of the company.2 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 touched at the post upon the Island of Manhattan, but
soon afterwards proceeded onward to the South, or Delaware
River, where 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, which afterwards came to be known by the names of
Gloucester River, and Timber Creek.3 A work was erected here,
which received the name of Fort Nassau, and the erection of this
fort was the primary effort of civilized man upon the shores of the
Delaware, with any view to actual occupation.4
1 O'Callaghan, p. 99.
3 Agreement between the managers and principal adventurers of the West
India Company.
3 Mickle's Reminiscences, p. 3.
4 About the year 1616. Capt. Hendrickson had sailed up the Delaware as far as
to the mouth of the Schuylkill, but no attempt was made to effect a settlement by
him or by any others, prior to the present visit of Mey.
50 NEW NETHERLAND.
The prosecution of trade with the natives was the immediate aim
of the present undertaking, and for this purpose a body of men
remained at the post; but history is almost silent as to their further
proceedings, and also as to the subsequent 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 office
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 that the authority of Corstiaensen, the
first commandant in the country, had ceased with the dissolution
of the company under which he had acted, but Elckens, his
lieutenant, had continued in office under the direction of the West
India Company ; this latter officer however, was superseded upon
the appointment and arrival of the new Director. The coming of
the Governor, and the accession to the number of settlers which
then occurred, gave an appearance of stability and strength to the
settlement.*
In the government of the province, the general course of affairs
was carried on in accordance with instructions given to the officers
by the Amsterdam Department. The Governor, with the other
officers, forming a council, constituted the executive and legislative
* There arrived wiib Director Minuet, a number of persons known by the name
of Walloons. They were natives of the country which formed the frontier
between Belgium and France, and had formerly applied to Sir Dudley Carleton,
the English Embassador at the Hague, for leave to settle in Virginia. The ap-
plication was referred to the Virginia Company, but the conditions that were
offered by this company not being approved, the attention of the applicants was
turned to New Netherland. Of those who came with Director Minuet, a number
settled on Staten Island, but afterwards removed to Long Island, and to a place
called the Wahle-Botch, since corrupted into Wallaboat. O'Callaghan, p. 101.
NEW NETHERLAND. 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 affairs, 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
had 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.6
He performed the duties of principal Commissary, and also of
Book-Keeper 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 behaviour."7
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, which before
had been held through favor, was obtained by purchase for the
sum of sixty guilders.8 The works at this place were extended,
the 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. The 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. T Bradford's Correspondence.
« Twenty-four dollars.
52 NEW NETHERLAND.
Only a single occurrence of an adverse or disturbing character
took place at this period. Upon the passage of 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 their 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 Plymouth. These settlers were the same that
have already been mentioned as having passed over from Holland,
and became established at Plymouth, under a charter which had
been finally obtained 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 both.
A more direct communication was now attempted by the people
of New Netherland. Letters were sent to the Governor of New
Plymouth, written by Isaac de Easier, from Manhattas, in Fort
Amsterdam.9 The writer, on behalf of the authorities of the
province, congratulated the English colonists on account of their
settlement in the country, and their prosperous condition, made a
proposal for the maintainance of friendly intercourse, and an offer
to engage to trade.
To this overture the English soon afterwards returned a lengthy
reply. It was made in the name of "the Governor and Council
of Plymouth, in New England," and was expressed in terms
sufficiently courteous. They professed a desire to live in amity,
and a willingness to engage in traffic, but they took occasion
to intimate, and that with some plainness, that they did not
9 Dated March 12th, 1627, N. S.
NKW NETHERLAND.
consider the claim of their neighbors to the country of New
Netherland, to be entirely valid and sound.10 They also re-
quired that the Dutch should refrain from trading with the natives,
10 The answer of Governor Bradford and his Council. Dated March 19th, 1627.
" 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 prosperity 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 over high titles, and more than belongs to
us, or than is meet for us to receive ; but for your good will and congratulation
of our prosperity in this small beginning of our poor colony, we are much bound
unto you, and with many thanks do acknowledge the same, taking it both 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 (as you say) and we likewise have been in-
formed, strengthened the same with a new union, the better to resist the pride of
that common enemy, the Spaniards, from whose cruelty the Lord keep us both,
and our native countries. Now for us, this is sufficient to unite us together in
love and good neighbourhood in all our dealings, yet many of us are tied by the
good and courteous entreaty which we have found in your country, having lived
there many years, with freedom and good content, as many of our friends do to
this day, for which we are bound to be thankful, and our children after us, and
shall never forget the same, but shall heartily desire your good and prosperity as
our own, forever. Likewise, for your friendly proposition and offer to accom-
modate and help us with any commodities or merchandize which you have, and
we want, either for beaver, otter, or other wares, it is very acceptable to us, and
we do not doubt but in a short time, we may have profitable trade and commerce
together. But you will please to understand that we are but one particular colony
or plantation in this land, there being divers others besides unto whom it hath
pleased those Honorable Lords of his Majesty's Council for New England, to
grant the like commission and ample privileges to them (as to us) for their better
profit and subsistence, namely, to expidse or make prize of any, either strangers
or other English, which shall attempt either to trade or plant within their limits
(without their special license and commission) which extends to forty degrees.
Yet for our parts we shall not go about to molest or trouble you in any thing, but
continue all good neighbourhood and correspondence as far as we may; only we
desire that you would forbear to trade with the natives in this Bay and River of
Naraganselt, and Sowames, which is, as it were, at our doors The which if you
do [if you do this forbear] we think, also, no other English will go about any way
to trouble or hinder you which otherwise are resolved to solicit his majesty for
redress, if otherwise they cannot help thrmselves."
54 NEW NETHERLAXD.
within certain specified bounds. The Dutch made a firm though
moderate reply; they insisted upon their rights to the country, and
to perfect freedom of trade therein, and declared that they would
maintain their claim.
Some time afterwards, De Easier, the principal Merchant and
Clerk, was sent from the New Netherlands to the English settle-
ment, for the purpose of securing a better understanding, and
concluding a more perfect agreement. He was honorably received
and entertained at Plymouth, and a letter was written acknowledg-
ing his visit, and expressing satisfaction with his course and
demeanour. This letter was similar in its general tenor to the
former communication sent by the English; they repeated the
same friendly expressions, but also adverted again to the subject
of title. "We desire," they say to the Dutch, "that ye would
take into your wise and honorable considerations that which we
conceive may be a means of much future evil, if not prevented,
namely, that you clear the title of your planting in these parts,
which his majesty hath by patent granted to divers of his nobles
and subjects of quality; lest it be a bone of division in these stir-
ring evil times, which God forbid. We persuade ourselves that
now may be easily and seasonably done, which will be harder
and with more diificulty obtained hereafter, and perhaps not with-
out blows."
This correspondence exhibits fully the relative position and
claims of the English and the Dutch ; both insisted upon a right to
the same portion of country, and to freedom of trade therein. Such
a condition of things distinctly foreshowed a collision in future,
though for the present, peace was preserved. By a sort of tacit
agreement, the discussion of the respective rights of the parties,
was dropped for the time, they deeming the determination of the
matter in question, to be of less importance to their present pros-
perity, than the maintenance of peace, and harmonious intercourse.
It was a part of the business of the West India Company to
advance the settlement and population of the countries which they
should come to possess. But nothing of consequence had yet been
done in New Netherland for the attainment of such a purpose. The
spirit of trade and commerce had directed the operations of the
company, and little had been attempted that did not promise to give
NEW NETHERLAM). 55
a return in actual profit. No efforts had been made for the pur-
pose of extending the sphere of enjoyment or action. Lands had
not been granted to settlers, or any encouragement given to in-
dividual effort. Most of the colonists were engaged in the ser-
vice, and were under the entire control of the company. The
country was still a wilderness.
These considerations had been brought at different times to the
notice and attention of the company, and it was finally resolved
that measures should be adopted for the planting of colonies. In
pursuance of this purpose, a system of operations was projected
embracing provisions for peopling and planting the lands within the
New Netherlands, and securing the liberties and privileges of
settlers.
The Assembly of Nineteen granted an instrument prescribing
and explaining the particular course of proceeding. This instru-
ment was termed "A Charter of Liberties and Exemptions for
Patroons, Masters, and private individuals, who should plant
colonies in New Netherlands, or import thither any neat cattle.11
It provided that members of the company inclined to settle any
colony, might send out persons in the ships of the company, to
inspect the state of the province, and to select lands or settlements
upon compliance with certain prescribed conditions and terms.
Members first applying were to be preferred. All persons were
to be acknowledged Patroons of New Netherland, who should,
within four years after giving notice to any of the Chambers, or
to the Governor and Council in the province, undertake to settle
a colony of fifty souls, upwards of fifteen years old. From the
time any persons should make known the situation of places
chosen, they should be allowed a title, in preference to all others,
but afterwards might make a different selection, by consent of
the Governor and Council.
The Patroons might take up for each settlement, an extent of
four miles (sixteen English miles) along a shore, or half that
distance on each side of a river, and extending inland as far as
they might need, and they might enlarge their limits upon engag-
ing to settle a proportionate number of colonists.
11 Given on the 7th of June, in the year 1629.
56 NEW NETHERLAND.
They should forever possess and enjoy all the lands within
their limits, which were to be holden from the company as an
"eternal inheritage."
They were to furnish the persons sent over to settle, with
suitable instructions, in order that they might be ruled and
governed conformably to the rules of government established in
the province.
The colonists were to be free from customs, taxes, excise im-
posts, or other contributions, for the space of ten years, and then
no higher custom to be charged by the company than was paid
at home.
The company engaged not to take or receive from the service
of the Patroons, any of the colonists ; " either man or woman, son
or daughter, man servant or maid servant;" unless on consent
obtained ; but on the contrary, every thing should be done to ap-
prehend and deliver fugitives into the hands of their Patroon, or
his agent.
Private individuals (not enjoying the same privileges as the
Patroons) who should be minded to go and settle, should with
the approbation of the Director and Council, of the province, be
at liberty to take up as much land, and take possession thereof, as
they should have ability properly to improve.
The colonists might navigate and trade along the whole coast,
from Florida to Newfoundland, provided they brought their mer-
chandize to the Manhattans, and paid a duty of five per cent, to
the company.
The company engaged to take all the colonists, as well free as
those that were in service, under their protection, and to defend
them against all "outlandish and inlandish wars and powers."
The Patroons and colonists were required, in particular, and in
the speediest manner, to endeavour to find out ways and means
whereby they might support a minister and schoolmaster, that
thus the service of God and zeal for religion might not grow cool
and be neglected among them, and they were also required, "for
the first to procure a comforter of the sick there."
The colonists were forbidden to make any woollen, linen, or
cotton cloth, or to weave any other stuffs there, on pain of being
banished, and as perjurers, to be arbitrarily punished.
NEW NETHERLAND. 57
The company engaged to use their endeavours to supply the
colonists with as many blacks as they conveniently could, on
conditions to be afterwards made.
This charter formed the principal basis upon which the civil
institutions of New Netherland came to be placed. It exhibits a
singular mixture of principles and views ; some of its provisions
were liberal, whilst others were extremely rigid. Neither the
interests of the company or those of the settlers were fully secured.
The concessions that were made by the company fell short of
their object, turning in a great degree to the special benefit of cer-
tain individuals. The principal directors of the plan were ready
to seize for themselves .the advantages offered ; in the character of
Patroons, they secured acquisitions in the province which almost
gave them a monopoly in land, and thus they were able to retain,
in their own hands, some of the most important privileges yielded
in the charter. To the mass of actual settlers nothing whatever was
given. The charter contemplated or allowed, the establishment of
a kind of feudal or manorial rule, by which the colonists would
be held in a state of complete dependence. No provision was
made for the division of lands, either present or prospective.
The people to be sent by the Patroons, were regarded, and were
to be controlled by the owners of the soil, as a servile class.
They were to become American serfs. No plan cpuld have been
devised, less calculated either to benefit adventurers, or to promote
the interests of the province, and by this mistaken policy, the
foundation was laid for social and civil distinctions, which have
not been fully effaced to the present hour, and which have always
continued to act as a cause of irritation, and a bar to general im-
provement.
By a wiser provision, the charter gave liberty to private adven-
turers, to make a selection of lands, and to enjoy the same by
personal right. Yet these individuals were subjected to many
disadvantages when acting by the side of the great proprietors,
who, from their special privileges, were enabled to exert a con-
trolling influence.
By the strict prohibition of manufacturing employments, the
settlers under the charter were reduced to actual subjection.
Articles of indispensable necessity must be taken from the com-
8
58 NEW NBTHERLAND.
pany, or if elsewhere procured, must be brought in a certain
channel, and duty be paid upon them " for recognition," to the
company.
The engagement to supply the colonists with "blacks," may
have proceeded from a willingness to benefit the settlers, or from
a desire to engage in a profitable trade. But whatever may have
been the motive, no other effect could be produced, than to place
an element of evil at the very basis of the social structure.
The full protection given to settlers, the exemption from taxes,
and the regulations in relation to literary and religious instruc-
tion, were provisions liberal in spirit, and proper in their ulti-
mate object.
The Chamber of Amsterdam having had the control of affairs
in New Netherland, the directors of that body became the earliest
actors under the Charter of Liberties and Exemptions. This
charter had not yet received the sanction of the Assembly of
Nineteen, or of the States General, when these persons entered
upon measures to secure a share of the proposed advantages. In
the ships that were sent to the province, were persons having
authority to treat with the natives for land, and upon their arrival
in the country, these agents visited an Indian village on the south-
west corner of Delaware Bay, and purchased a tract of land from
three resident chiefs of that vicinity. This tract extended from
Cape Hindlopen, thirty -two miles in length, and was two miles in
breadth; it was taken in the name and on behalf of Samuel Godyn,
and Samuel Bloemmaert.12 The next year another tract was
purchased for the same individuals, on the opposite side of the
Bay, at Cape Mey ; this purchase was made from nine resident
chiefs, and was sixteen miles in length and the same in breadth,
making a square of sixty-four miles.13 Other portions of lands
were acquired in different parts of the province in a similar man-
M This purchase was made some days before the final ratification of the charter
of Liberties and Exemptions.
13 This tract was purchased by Peter Heyser, Skipper of the ship Whale, and
Giles Coster, Commissary. It was probably the first purchase from the natives
within the limits of New Jersey, at least, it is the first upon record. It was made
on the 5th of May, 1630.
NEW NETHERLAND. 59
ner. Staten Island was taken up for the Director Pauuw, and a
large extent in the vicinity of Fort Orange, was acquired for De
Heer Kiliaen Renselaer. The territory of Godyn and Bloem-
maert, on the western side of Delaware Bay, was called Zwanen-
dal, that of Pauuw, Pavonia, and Renselaer named his Rensalaer-
wyck. In most of these instances, the tracts exceeded in extent
the limits allowed in the charter, yet they were afterwards con-
firmed to the purchasers, by the Governor and Council of the
province. The clause providing for an extension of limits in
certain cases, may have been resorted to, and have been con-
sidered sufficient to warrant the confirmation.
A course of proceeding was soon devised for the purpose of
establishing colonies upon the lands that had thus been obtained.
The first attempt was made by a company of several of the large
proprietors, who were willing, by such an union, to concentrate
their means, and to promote the interests that were common to all.
On the 16th of October, 1630, they entered into an agreement, in a
formal manner, in an article of association and contract. Their pur-
pose was to establish a colony at the South or Delaware River, and
they offered the direction of the enterprize to David Pieterszen
De Vries, an experienced commander. He was willing to engage
therein upon certain conditions, which were acceded to, and an
expedition was at once fitted out.14 De Vries departed from the
Texel on the 12th of December, 1630, and arrived safely at the
place of destination. A company of emigrants, thirty-four in
number, were landed, with their implements of husbandry, on the
western shore of Delaware Bay, near to the entrance of a stream
called the Hoar-Kill. It was within the territory of Zwanendal,
belonging to Godyn and Bloemmaert. After such arrangements
had been completed as he supposed to be necessary, De Vries,
" De Vries's account is as follows, "After my arrival from the East Indies, I
met with a merchant of Amsterdam, named Samuel Godyn ; he offered me a
Commandership in the New Netherland. They had a mind to form a colony there,
and they would employ me as Second Patroon, as was granted by the States, and
by the West India Company's Charter. 1 answered him that I was willing to
accept the offer, upon condition that I should be a Patroon, equal in every thing
to the others. This was agreed to. and in consequence we have formed a Patroon-
ship, viz : Samuel Godyn, Killian Van Renselaer, Samuel Bloemmaert, Jan De
Laet. and I, David Pieterszen De Vries."
60 NEW NETHERLAXD.
full of hope for the success of the undertaking, departed for Hol-
land, leaving Gillis Hoossett in charge of the colony, during his
absence.
Besides the association with which De Vries was connected,
others resembling it in character had been formed, and they also
engaged in efforts similar to those which had been made for the
settlement of Zwanendal. On the 9th of January, 1631, com-
plete lists of the several Patroonships were delivered to the West
India Company, and the grants, with the proceedings that had
been taken thereon, Were approved by the Assembly of the
Nineteen.
But, at an early period the operations of the Patroons brought
them into opposition to the interests, or the claims, of the West
India Company. They considered themselves entitled by the
charter under which they were acting, not only to trade upon the
coasts in the manner prescribed, but. also to traffic with the
natives of the country, at least in those places where no establish-
ment had been formed by the company, when the charter of
Liberties and Exemptions was given. This was strongly resisted
by the company. It was also contended by some, that an undue
advantage had been gained by the Patroons, in the great extent,
or the fortunate situation, of some of their tracts. The acquisi-
tions that had been made by Pauuw, and by Godyn and Bloem-
maert, were particularly objected to. Serious difficulties ensued,
and at length, the " whole of the Exemptions were questioned,
and called into doubt." The matters in dispute were thought of
sufficient importance to claim the notice of the Government, and
the States General issued an order, that a report should be made
of the names of all those persons to whom colonies had been
granted ; but no decisive result was produced. These differences
were finally allayed by admitting a number of the members of the
company, into the associations that had been formed by the
Patroons ; a measure which may have served for the removal of
jealousy, and may also have been considered as giving a degree
of security against future encroachments.15
" The Directors received as partners with the Patroons, were Mathias Van
Ceulen, Hendrick Hatnel, Johan Van Harinehkouck, and Nicholas Van Settorigh.
NEW NETIIERLAND. 61
At this period, and it may be in part, in consequence of these
occurrences, a change took place in the administration of Govern-
ment. Director Minuet had been in office for several years, and
had managed the affairs of the colony with apparent fidelity, and
with good success. But, as it is stated, he fell at this time "into
disputes with the company," and the difficulty terminated in his
displacement and recal. The precise nature of the charges against
him, or indeed, whether any definite charges were made, are mat-
ters not fully determined, but it may be supposed that he was
suspected, at least, of favoring the movements and claims of the
Patroons. Isaac De Easier shared the fortune of his superior,
and after the recal of these officers, the government was adminis-
tered, for a period, by the Council alone.
The return of Governor Minuet was attended by a circumstance
little in favor of the interests of New Netherland. The 'ship in
which he was returning, was compelled by stress of weather, to put
into the Port of Plymouth, in England. She was immediately
seized at the suit of the New England Company, on a charge
advanced by Mason, one of the company, of having traded to, and
obtained a cargo in countries subject to his Britannic Majesty.
A petition was addressed to the Secretary of State, complaining
of the Dutch, they having settled, as it was said, "as inter-
lopers," between the plantations of Virginia and New England.
The arrest above mentioned, led to a discussion between the
parties immediately concerned, and finally, between the Govern-
ments of England and Holland, in which the respective claims of
the countries to the territory occupied by the Dutch, were fully
set forth and examined. In the conclusion, a positive assertion
was made by the English, of a title to the whole of New Nether-
land, to which the opposite party forbore to make a reply, but
they continued to urge that their vessel and people should not be
detained. This demand was at length acceeded to ; the Lord
High Treasurer of England, ordering their release, but still, with
a condition, "saving and without any prejudice to His Majesty's
rights."16
O'Callaghan, p. 137.
62 NEW NETHERLAND.
In 1633, Wouter Van Twiller received the appointment of
Director General of New Netherland.17 He had been a Clerk
in the employ of the West India Company, and his elevation was
probably owing to the influence of a delative.18 A cotemporary
speaks of his coming into office "from a Clerkship," as "an
amusing case."19 It would scarcely seem just to pronounce an
opinion merely from his former pursuit, but there was nothing in
the Governor's subsequent course to show a remarkable fitness
for the duties of any exalted place.
The same number of officers continued in the Council as in the
time of the former administration ; Jan Van Remund occupied the
place left vacant by the removal of De Rasier. Hans Jorissen
Houten was Governor or Commissary of Fort Orange, and Arent
Corssen of Fort Nassau. Attempts were made by the Governor
for the improvement of the several settlements. Orders were
issued that Fort Amsterdam should be rebuilt and strengthened, a
church erected "for general worship," and a mansion raised for
the Director General himself. "A large house with balustrades,"
with smaller dwellings for the people, were to be constructed at
Fort Orange, and "one large house" at Fort Nassau, on the South
River. The establishment at the latter place had not been pros-
perous, the garrison had been greatly reduced, and perhaps at
times entirely dispersed ; yet the post had never been finally aban-
doned, and the Director resolved that it should now be strengthened
anew. The other settlement on the Delaware, that which had
been established in Zwanendael, was not in the charge of the
West India Company, but was under the Patroons. At this time,
it had been wholly destroyed by the Indians ; upon the return of
De Vries, its founder, all was totally lost, he found nothing left of
the settlement except the remains of his murdered companions.
Director Van Twiller entered upon office at a time not favorable
11 It is asserted by many writers, that Van Twiller had been in the country be-
fore, in an official capacity, and that the removal of Minuet was owing to state-
ments made by Van Twiller, upon his return to Holland. But no one circum-
stance has been referred to, giving evidence of the agency of this person, either in
the case of Minuet or in any occurrence in the province, prior to the time of his
present appointment.
•' The Patroon Van Renselaer. » De Vries.
NEW NETHERLAND. 63
for the enjoyment of ease and tranquility. At an early period
after his arrival, the relations between the Dutch, and their neigh-
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.20 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 procedure, but the English commander only
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."
M The Indians here mentioned, were of the Pequod tribe, they had quarrelled
with the Dutch at the " House of Good Hope," and in revenge, resolved upon
favoring the English.
64 NEW NETHERLANDS
The advantage which was thus secured by the English, they were
watchful to maintain, and the command of the shores 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 by the Dutch,
and sent back as prisoners, to the authorities at Manhattan.21
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.22 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.23
21 O'Callaghan, p. 170.
53 In the statement-made byKeift,the successor of Van Twiller, it is distinctly
asserted that the latter had undertaken different 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 office, he was active in opposition to the company,
whilst serving as agent at Renselaerwyck.
• » See this statement in New York Historical Collections, vol. 1, p. 27-1.
CHAPTER V.
NEW NETHERLAND, NEW ALBION, AND NEW SWEDEN.
WILLIAM KEIFT was appointed as the successor of Van T wilier
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 affairs 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 King. 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,
9
66 NEW NETHERLAND.
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 possession, 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 both sides of the river. The prosecution of this
purpose is to be presently noticed.
The new grant from the English King which 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 in favor of
Sir Edmund Ploy den, 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 EngHsh title to the country. The patent held by the
great New England 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 Company. But a portion of the country that had be-
longed to the Virginia Campany, had now been re-granted, having
been given in the year 1632, to George Calvert, Lord Baltimore,
and this portion was erected 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 that direction, came into contact with New England. But,
toward the east, Maryland did not extend to the Atlantic coast,
but ran, for a part of the distance, along the course of an inland
stream, and of consequence, a portion of territory was left, below
the fortieth degree, and between Maryland and the Ocean, that
NEW ALBION. 07
was still ungranted.1 It may have been the intention of the
English Sovereign (but this is only conjecture) to make a con-
veyance of this remainder, in the grant to Sir Edmund Ployden,
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 em-
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 western limit forty leagues northwardly, then, by a
right line inclining toward the east, forty leagues, to the river, and
aftenvards descending, touching and including the top of Sandheey,
(Sandy Hook,) to the promontory of Cape May aforesaid. Though
there is here a want of precision, it is still sufficiently evident that
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,3 and it is
explained and defended on the ground that the older grants
•From 1624, when the South Virginia Company was dissolved by King
James, until the grant was made to Earl Ployden, the portion of territory above
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.
3 That the intent in the present case, was such as is here suggested, receives
some support from the fact, that in the description of places, the Isle of Ployden
or Long Island is said, (though erroneously,) to lie "near or between the thirty-
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
ungranted.
3 Plantagcnct's History of New Albion.
68 NEW ALBION.
had been unfairly obtained, or as it is expressed, "were gotten
on false suggestions." But 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.4
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 their 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 Albion, 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 utility of individuals, with the counsel,
approbation, and assents of the free tenants of the province or the
major part of them who should be called together. But, it was
further provided, that as it might 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 wholesome ardinations, as well for keeping the peace as
for the better government of the people, provided however, that
such ordinations should 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 that portion of country which for a time had remained ungranted,
continued in the interval to be subject to the British Crown. .
NEW ALBION. 69
It was also provided that all persons should be allowed to
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, subsidy or custom, only with a license
from the King's Treasurer; so also, all goods and merchandize
whatsoever, from the province might be taken to any part of the
kingdom, and disposed of without the payment of any tax, sub-
sidy, 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.5
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 settle them upon the Palatine's domain.
In the year 1641, the Earl made an attempt to carry out
the projected plan, and for its better success, attended the en-
terprize 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 Memoirs of the Pennsylvania Historical Society, vol. 4,
has attempted to discredit this instrument, representing it as spurious, or at least
as open to doubt and suspicion. But this writer exhibits, on most occasions, a
singularly sceptical temper; he resolutely disputes what most other authorities '
readily admit The instrument in question is vague, and sometimes incorrect,
in description, and it seems to have suffered from a most faulty translation, but it
contains such evidences of authenticity, and is supported by so much collateral
proof, that it cannot be wholly rejected.
70 NEW ALBION.
emallness of his forco, or from eomo 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 well chosen names, served to give titles to
each member of the Earl Palatine's family.6
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 families, 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.7 The English Com-
9 Plantagenet's New Albion, Barclay's Sketches, Mickle's Reminiscences.
' [Protest] " I, William Keift, Director General, in behalf of the High and
Mighty Lords of the States General of the United Provinces, of his Highness
of Orange, and the Nobl e Lords Directors of the Privileged West India Com-
pany, residing in New Netherland, make known to you, Robert Cogswell and
your associates, not to build nor plant on the South River, lying within the
limits of New Netherland, nor on the 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 purchased and paid for by us, unless you will settle under the
Lords, the States and the noble West 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
desire to be holden innocent threof."
NEW ALBION. 71
mander 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.*
Whether these settlers 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.9
But the company had not long been settled 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
Ilpcndam, 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 the 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.10
6 Otherwise called Hog Creek, now Salem Creek.
9 Plantagenet's New Albion, Barclay's Sketches, Mickle's Reminiscences.
10 The English account of these proceedings is as folio ,vs : " 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 River, to
which neither the Dutch or the Swedes had any just title, yet without any legal
protest or warning Mumcre Keift, the Dutch Governor, sent armed men in 1642,
and by force and in an hostile way burnt their trading houses, seized and for
some lime detained the goods in it, not suffering their servant* so much as to
72 . NEW ALBION.
After a period, an attempt was made from another direc-
tion, for the purpose of establishing a colony within the province
of New Albion.
The storm of political agitation was 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 disposed to seek tranquillity and peace, rather than to
share in the danger, the glory, 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 chose one of their company to visit the English
plantations 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, finally fixed upon the province of New
Albion. He made application to the Lord Governor then in the
country, and obtained under the seal of the 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 England for aid and supplies.11 Upon their
take a just inventory of them; he also seized their boat, and for a while kept
their men prisoners. That the said Dutch Governor compelled Mr. Lamberton,
their agent, to give in at the Manhattans, an account of what beavers he had
traded within New Haven limits at Delaware, and to pay recognition for the
same. That John Johnson, (Jan Janssen Van Ilpendam,) the Dutch agent,
with the Swedes Governor at the Delaware, charged Mr. Lamberton, as if he
had plotted with the Indians, to cut them off. A capital crime, for which they
imprisoned and tried him, but could bring no proof to satisfy themselves who
both accused, and sat as judges, yet they set a fine upon him, for trading within
New Haven limits there." Hazard's Register, vol. 1, p. 17.
This statement is hardly correct in regard to the want of any protest against
the proceedings, the protest has been given.
11 In Winthrop's History it is stated, that in 1648 Sir Edmund Ployden
arrived at Boston, on his way to England, and that he had been in Virginia
seven years. It is possible that the Earl may really have been in Virginia
during his visit, though a considerable part of the period of his sojourn was
spent in his own province. See upon this point, and also for general remarks re-
specting New Albion, King's Discourse before the New Jersey Historical Society.
NEW ALBION. 73
arrival in Europe, the Earl Palatine and Plantagenet again met,
and they then exerted themselves to revive the energies of the
New Albion Company. For this purpose Plantagenet wrote and
published "A Description of the Province of New Albion,"
dedicating it to the officers and members of, the company ; the
writer himself having become a member of the body. To excite
the greater interest, a sort of order of Knighthood was instituted,
with a view to enlist pessons to go -to the province and engage in
efforts for the conversion of the natives, to the Christian fiaith.
Those who should devote themselves to this service, were to be
associated under the name and title of " The Albion Knights of
the Conversion of the Twenty-Three Kings.'' This title had
reference to the number of -Indian 'Kings supposed to be living
and ruling within the province. But all these efforts fell short of
thftf object. The "three thousand able trained men" were never
enlisted, and no one of the Albion Knights of the Conversion
ever arrived at the field of labor. Nor did the Earl Palatine
himself, or his coadjutor, Plantagenet, find a fit opportunity again
to visit the province.
What number of persons ever resided in New Albion under
the Palatine's rule, or what was their condition, is but imperfectly
known. A fort called Eriwoneck was erected upon the Delaware
near the mouth of the Pensaukin, and this post was held during
the greater part of the Earls sojourn, by a small body of men.
The New Haven colony was said to consist of near fifty families,
and there were also a few traders from Virginia residing at different
places. These companies, together with the people on the Isle
of Plowden, or Long Island, made up the population of the
Palatine's province. One of the manors called Watcessit, was
selected as the principal residence of the Earl, and this, it may
be supposed, was the seat of authority. A plan of government
was also fully devised ; as described by Plantagenet, it was dif-
ferent in some respects from that laid down in the patent. A
particular notice of its provisions may not be necessary, as it was
never brought into actual operation, but its general character is
worthy of notice. It was mild and liberal in temper.
In religious matters the most entire freedom was given. Some
fundamental doctrines, as well as certain forms, were to be settled
10
74 KEVV ALBION.
- . I • •••./ •".
by' acts' of Parliament; yet dissent was not to be punished ; indeed, '
all railing against any one on account of religidn, was deemed an
offence. For, it was said "this argument or persuasion in religion,
ceremonies, or Church dicipline, should be actqd in mildness, lovcf
charity,- and gentle, Jangu^ge." This noble sentiment carried oui.,
as it was to have been into actual practice, gives one of the finest,
. aslyell as earliest' examples of religious -toleration, known to the
world. In regard to this particular, full justice hag not been done"
to the lawgiver of New Albion. Williams and Calvert have been
lauded, and justly lauded, as being, the first to remove the shackles
.. of religious intolerance," and give full. -liberty io the inind of man
jn -the communion it holds with its Great Creator. Williams was
doubtless the first to proclaihf.the-'pwnci^le' "that the civil magis-
trate has no right to restrain' br djrect the consciences, of men."
Calvert followed closely in his track. To these men lot honor be
given. But they have' beefl* represented as standing entirely alone
until the appearance of Pehn. Tfiis is not just or truel Ployden
may not have advanced to the same point ; he retained the shadow
of a State religion ; but he offered the fullest freedom, and the
fullest protection to all, and gave his voice in favor of mildness,
charity, and love. Though his designs were not successful,
though the work he projected fell short of completion, yet he
deserves to be ranked Avith the benefactors of our race, and New
Albion is entitled to a higher place in the history of human pro-
gress, than is often allotted to older, and greater, and more fortu-
nate States.
No collision, nor indeed any intercourse is known to have
occurred between the authorities of New Albion and New Neth-
erland. The attack of the Dutch upon the settlement at Varckens
Kill, led to no further hostilities.
After that occurrence, and the retirement of the forces that had
been sent from Manhattan, Van Ilpendam the Commandant of
Fort Nassau, continued at his post, and he was directed by Keift
"lo take care and preserve dominion, and to defend the honor of
the High and Mighty States, and of the Honorable West India
Company."12 But however necessary this vigilence may have
13 Acrclius.
NEW SWEDEN. 75
T>een, to prevent the advancement of others, it was scarcely re-
quired toward the Earl Palatine of Albion. If possessed of any
ability, he was little disposed to a hostile movement in opposition
to the Dutch. In their late aggression the blow, had T?een aimed
nt 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 would have no misunderstanding with the Dutch, though he
was much offended with, and bore a grudge against the Swedes."13
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 the 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
Usselinx, 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
either 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.14 His suggestions were favorably
13 Hartgcr's Bes^hrijvinge Van Virginia and Niew Nederland.
" Usselinx urged in support of the measure that " the Christian religion
would by that means be planted amongst the heathens, — that his Majesty's
dominions would be enlarged, his treasury enriched, and the people's 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
means for carrying it on to advantage." Clay's Annals, p. 14.
76 NEW SWEDEN.
received by the Sovereign, and measures for the prosecution of
the plan were immediately adopted. But the occurrence of war,
and the subsequent death of the King, together with other un-
favorable events,, prevented the pursuance of the design, at the
time, or in the manner proposed.15 Yet it was not forgotten, and
after a period it was again brought 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 by the King on the 2d of July, 1626. Harte in his life of
Gostavus says, that the scheme for the establishment of colonies in the West
Indies greatly delighted the senators, and that many persons subscribed liberal-
ly and readily, in conformity to the example of the King, and Campanius
mentions a number of persons including princes, nobles and principal officers,
who were subscribers to the plan.
Rudman further states, that ships and all necessaries were provided, and
Harte asserts that "a little Swedish squadron" actually sailed for America, but
that " the Spanairds contrived dextrously enough to make themselves masters
of it." Campanius also makes a similar statement, and adds, that the ships
had been stopped by the Spaniards, in order to favor the Poles and the Empe-
ror of Germany, then engaged in a war with the Swedes. To what precise
point the undertaking was carried, h is not easy to determine, but it seems to
be decided that it was not then brought to final completion. Campanius indeed
narrates, that America was visited and settled by the Swedes in the reign of
Gustavus, and several authorities have followed him in the statement But the
best authorities agree in the conclusion, that no settlement was made until the
following reign, and that if any Swedes were in America at an earlier period
it could only have been a few individuals, who had adventured with the Dutch.
See Clay's Annals, O'Callaghen's New Netherland, Gordon's New Jersey,
Mickle's Reminiscences, Whitehead's East Jersey, and Ferris's Settlements on
the Delaware.
r>EN. 77
from a lack of other 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. w 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 with all the necessary
stores and with articles of merchandize, intended for traffic with
the Indian tribes. A company of settlers was also carried out.
The expedition arrived in the Delaware early in the season, in
the year 1638, and the emigrants landed at Inlopen, (otherwise
called Hindlopen,) 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.17 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
an 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.
"JRudman states, from information given by an ancicnt*Swede, that Minuet
" profiting by his knowledge of the country, went to Sweden, and informed the
principal persons that the Dutch had settled on the east side of the Delaware,
but that the whole of the western side was unoccupied, except by the Indians.
He urged a settlement there, and offered to conduct the enterprise." Clay's
A.mrals, p. 16.
" O'Callaghen, p. 189.
-o
79 . .;•- XE-
The Swedes had thus succeeded in effecting a settlement in the
country, yet their situation was such as to expose them to no little
difficulty. They had placed themselves upon lands that were sub-
ject to o"ther, 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 unknown 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 was 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 fully 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.19 *»-;*'"
But the declaration 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 clear, that some time
previous to the coming of the Swedes, the country upon which
they entered, had been conveyed by the English King, in the
fullest manner, to some of his own subjects. According to the
best authorities, the arrival of the Swedes was in 1638, and in
1632 Maryland hadjbeen granted to Lord Baltimore, and in 1634
New Albion was. given to Sir Edmund 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, unless it could^ be shown that
they were in possession of an earlier grant from the English King,
and this as already remarked, has not been shown. It has not
18 The date of the transaction is differently given. Acrelius says that it was
in 1634; Campanius states, that it was "in or about the year 1631."
NL'W SWEDEN. -J , ? 79
been shown that any conveyance whatever was made to them by
Charles I., and if made, it was, even according to Swedish history,
later in date than that to Lord Baltimore.19
.But the claims of the Dutch7'- tyere also in the ..wley of the
"Swedish adventurers, and an- important. .advantage '\*a$ hekl by •" .
_- the Dutch in. their - aetua]^ possession of the, ctiiiritry.30^ "But-it-is "
' ^asserted- that the Swedes KatT.aiso acquired tlie rights oftheJDuteh *•
•* jaJfoes^parts, by .actual pui;«h^s"e, and a'.wrrier declares tl.iaf 'M,he .
«*tHfa.ty *which cenfirnie4* "tkap-Jtpm'chase wa* sh<jwii,..jij/^ byj-the ^«. .
Honorable Mr.^Se«^<hK,.JElias^Palmskoild^'21. 'But tfifc-'tetate'-""-
incuts ojp,his writer dre frequently, loose aiid inaccurate, and s,i}eh
•* Is-" treaty" could not. ha,ve been readily 'g>nchided. The ciaim of «.* 2
* the' Dutch' yras aven more .eo"nrplicate<jl than fliat $f "tKe-. English V 7C«*
it Jay with the States General, the "West-India, Company, a«$t 'tfee • •*.«, *
different bodies of Patrooris. •• Whether;* the treaty between 4he
Swedes and ^he Dutch, -If. teally* concluded at all, had^ been so
Jformed.as to erabraee the, claims of these*>«eVJgral parties, i* BM- .. »
tirely -unknown.22 v-'/T-
But it-is certain, that the course of the Dutch w.as. 'not such as
accorded .with the idea of an entire surrender 'of their rights and
claims. So soon as it was known that the Swedes had remained
in the Delaware, and were preparing to establish a settlement,
19 Acrelius who is usually much more correct than Campanius states, that
the grant from Charles to the Swedes was in 1634, which was two years sub-
sequent to the Maryland grant. Maryland extended to the fortieth degree of
latitude, and therefore included the greater part of the Swedish purchase, and
the place of their earliest settlement.
20 Some writers assert that the whole of the settlements made by the Dutch,
had been destroyed by the Indians before the coming of the Swedes. But the
settlement at Zwaendel was the only one that had thus been destroyed. Fort
Nassua had never been attacked by the Indians and it had now been enlarged;
whether the party that visited the Swedes upon their arrival, had been detached
from this post, is uncertain, but it is clear that they were residing in the coun-
try. It is also stated by Huddle in a formal report upon the state of the country,
that at the time when the Swedes first came, there was a sufficient garrison on
the Delaware " with men and ammunitions of war."
81 Campanius.
23 At this time the West India Company had acquired the control of Zwaeii-
del. The Palroons had sold their rights to the Company in the year 1635.
O'Callaghcn, p. 365.
80 NEW SWEDEN.
they were visited by an officer from Fort Nassau, who waited on
the Swedish Commandant and requested him to "produce his
commission." Minuet refused, and furthermore asserted, that his
Queen had an equal right with the Dutch, and that in virtue of such
right he should proceed, without delay, to establish a settlement.
Information of these -proceedings was forwarded to Fort Amster-
dam, and Governor Keift immediately despatched a messenger,
bearing a formal protest against the- movements of the Swedes.23
The -Protest was received, but it. was productive of no* effect.
Whether the Swedes were in possession of ft sufficient claim to
the country, or not,, th'ey .were resolved to "remain, and* .to prose-
cute their plans. , ^Minuet entrenched himself at Fort Christiana,
and prepared to defend his-.colony against every -aggressor.24
33 [Protest.] " Thursday, 6th May, 1683.
" I "William Keift, Director General- of the New Netherlands, residing on the
Ifeland of Manhattenx iu Fort Amsterdam, under the government that appertains
to the high and mighty States General, of the United Netherlands, and to the
West India Company, privileged by the Senate Chamber in Amsterdam, make
known to thee Peter Minuet who stylest thyself commander in the service of
her Majesty the Queen of Sweden, that the whole South River of the New Ne-
therlands, both the upper and the lower, has been our property for many years,
occupied with forts, and sealed by our blood, which also was done when thou
wast in the service of the New Netherlands, and is therefore well known to
thee. But as thou hast come between our forts, to erect a fort to our damage
and injury, which we never will permit; as we also believe that her Swedish
majesty has not empowered thee to erect fortifications on our coasts and rivers,
or to settle people on the lands adjoining, or to trade in peltries, or to undertake
any other thing to our prejudice. Now therefore, we protest against all such
encroachments, and all the evil consequences from the same, as bloodshed, sedi-
tion, and whatever injury our trading company may suffer ; and declare that
we shall protect our rights in a manner that shall appear most advisable."
*• The Rev. J. C. Clay, the author of the Annals, whose connexion with the
Swedish people and entire acquaintance with their history, together with his
general intelligence, entitle his opinions to the greatest weight, thus speaks of
the Swedish claim "I have seen nothing to confirm the' statements of Campa-
nius, that the Swedes had acquired a claim to the country on the Delaware
through grants from the English, and the Dutch. We know that Campanius
erred in saying that the Swedes commenced their settlement in 1631, and in
like manner does he appear to have erred in the other particular. Most writers
represent the rights of the Swedes as being acquired by purchase from the na-
tives of the 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 whole 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, were
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.25 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.26
25 It is not certain whether the Navigation Company became possessed of a
title to the whole of the land in New Sweden, or only to certain portions.
26 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 with their previous
activity and promptitude, made no opposition to these movements
of the SXvedes ; 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 pf 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.*7
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 1641, the English colony detached from New Haven, arrived
on the Delaware and effected a settlement at Varcken'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
47 The character and position of this officer is somewhat uncertain. He has
sometimes been represented merely as the " Director of all the Hollanders who
had settled in New Sweden." That he had a special relation to these settlers,
is certain, but he appears to have been charged with other duties. He was re-
quired, and had engaged " to aid by his counsel and actions, the persons who
are at Fort Christina and those who may afterwards be sent there from Sweden,
and to procure as occasion may present, whatever will be most advantageous to
her Majesty and the Crown of Sweden, and moreover, was to let no opportunity
pass of sending information to Sweden which may be useful to her Majesty and
the Crown.
NEW SWEDEN. 83
by the English colonists had already been obtained by them, from
the natives of the country, and the Swedes insisted in regard to
themselves, that a purchase from the Indians "the owners of the
soil," gave all the right that was needed.28 But unless they were
ignorant of the English purchase, the conclusion must be drawn,
that the Indian right was only admitted by the Swedes, when it
turned to their own advantage. They resolved to secure a title to
the country possessed by the English ; agents were despatched by
whom an extent of land was acquired, reaching from the mouth of
the Delaware, to a point above the settlement at Varcken's Kill,
and thus the English colony was completely environed.29 This
was the time, and the occasion of the extension of the Swedish
claim to the eastern side of the Delaware River and Bay.
Nearly at this time, Minuet died at Fort Christina. He had,
says an early author,30 " done great service to the Swedish colony.
During three years, he protected his small fort which the Dutch
never attempted."31
Peter Hollandare, who had been for some time residing in the
38 Authorities agree in stating that lands on both sides of the Delaware had
been purchased by agents of the New Haven colony, and it is supposed that the
settlement on Salem Creek was within the limits of this purchase.
39 The portion of country now purchased by the Swedes, extended from Cape
May to the Narriticon, or Raccoon Creek. The purchase was made by the
agents of the Navigation Company, yet the act may be considered as a part of
the policy of the government.
30 Acrelius.
31 A late writer remarks in reference to the course of the Dutch at this period,
" that Director Keift found it much easier and more economical to issue a paper
protest than to equip a squadron or send an army. Beside this, by the charter of
the West India Company, it had not the power to declare war or to commence
hostilities, either against a foreign State or the native Indians, without the con-
sent of the States General, and in case war should be waged against the com-
pany or settlements, the States were only bound to furnish one half the means
of equipping and manning a squadron for the occasion; after it went into
service, the expenses of maintaining the armament were to be paid wholly by
the company. This wise regulation of the money loving legislators of Holland
had, perhaps, more to do in the preservation of peace, than any supposed phlegm
or obtusity of feeling in the Dutch character." Ferris's Settlement on the
Delaware.
84 NEW SWEDEN.
province, entered upon office as the successor of Minuet, but his
term of service was but brief, as he returned to Sweden in the
following year. He was a soldier by profession, and was after-
wards appointed Commander of the Naval Asylum at Stockholm.
It has been observed that his career was not marked by any act,
either of injury or benefit to the colony.32
But there is reason to believe that an occurrence of some im-
portance in the history of the period took place during the time of
the administration of Hollandare. The purchase which had been
made on the eastern side of the Delaware, for the purpose of
bringing the English under the control of New Sweden, had been
followed by no immediate effects. But a circumstance soon oc-
curred which afforded an opportunity for the adoption of more
prompt and decisive measures. The settlement of the English
had excited no less uneasiness in New Netherland, than in New
Sweden, and Governor Keift had resolved upon a more summary
mode of proceeding. As has already been mentioned, a force
was despatched from Fort Amsterdam, with orders to disperse the
English on the Delaware, and the Schuylkill ; a small body having
also settled on the latter stream.33 The Swedes resolved to aid
and assist in the enterprize, and the result has already been seen.
The English settlement was entirely destroyed. The fortunes of
the colony at Varcken's Kill were no less singular than disastrous.
The parent colony was too far distant to give them support and
assistance, the Governor of New Albion, to whom they had
acknowledged allegiance, was destitute of power, and two other
States, who were jealous of each other, agreed in an attack upon
the defenceless post.34
"Ferris.
33 The settlers on the Schuylkill are represented by some authorities as being
a part of the colony from New Haven ; by others, as a company who had seated
themselves there, under a Patent or other authority, from Lord Baltimore. The
latter is the statement generally received.
34 The statement that tbe attack upon the English was made in the time of
Hollandare, is made upon the authority of dates. It is generally admitted that
the attack was made in 1642, and the successor of Hollandare did not arrive in
the province, according to the best authorities, until the beginning of the fol-
lowing year.
;. ..;<i - _- .:.-< - ;
NEW SWEDEN. 85
But the temporary junction between the Dutch and the Swedes
though it resulted in the attainment of their immediate purpose,
was followed by no union either of feeling or of action, between
themselves. On the contrary, by directly involving their interests,
it led to more decided opposition in their future course.
Preparations had now been made by the government of Sweden
for the fuller establishment and maintainance of government, with-
in the limits of their province in America. The Queen issued a
decree assigning a fund for defraying the expenses of government,
and supporting the garrisons, and the several persons employed in
the country. For these purposes there was appropriated the sum
of two millions six hundred and nineteen Rix Dollars, which was
to be raised each year, in Sweden, from an excise on tobacco.35
In the same year Colonel John Printz was appointed Governor,
and he immediately departed for the province with a colony of
settlers. His commission which was dated the 16th of August,
1642, authorized him to assume the name or style of the GOVERN-
OR OF NEW SWEDEN. 36
31 It was afterwards found that the amount raised in this manner was not
more than half the sum mentioned, and also that a great part of the amount
actually obtained, had been used for other purposes of the crown, particularly
for the construction of the Chateau of Stockholm. During this period the ex-
penses of the colonial government were defrayed from the revenues of the com-
pany, it was therefore decreed by the Queen that the company should be re-
funded, and in case the excise should not yield a sufficient revenue, the deficit
was to be made up from other resources of the crown. Hazard's Register.
36 [By the Queen.] "Aug. 20th, 1642.
" To the liege subjeects and respective members of the Kingdom and the
Chamber of Finance, greeting, as we have appointed Lieutenant Colonel John
Printz, Governor of New Sweden, and have judged proper to give him soldiers
and officers to assist him in discharging fully the duties of his station, and as
we have arranged a certain appropriation for the support of his troops and their
annual pay, as you will perceive by the copy hereunto annexed, we therefore
desire and command, that you will follow exactly our said resolution and regu-
lations, and observe that each person employed in New Sweden shall receive
his support according to the foregoing appropriation." By this regulation the
Governor received the sum of Twelve Hundred Rix Dollars; a Lieutenant
Governor, Sixteen Dollars a month; a Sergeant Major, ten; a Corporal, six;
a gunner, eight; trumpeter, six; drummer five; to twenty-four soldiers, four,
each; to a paymaster, ten; a secretary, eight; a barber, ten, aud a provost,
six. Swedish Documents.
86 NEW SWEDEN.
The Governor was furnished with ample instructions in which
the course to be pursued in the administration of government was
fully set forth. - ^ •
He was directed to take care concerning the limits of the pro-
vince, and to see that the full extent of territory was secured, both
on the eastern, and the western side of the river. The contract
made for lands on the eastern side was to be fully maintained, in
order that the English people thereon might be attracted under
the authority and power of her Majesty. Yet the Governor
might endeavour to cause their removal, and for this purpose, " to
work underhand as much as possible with good manners, and
with success."
In relation to police, government and justice were to be admin-
istered in the name of her Majesty, and the Crown of Sweden.
The Governor must decide all controversies according to the
laws, customs and usages of Sweden, and be governed by these
also, in all other things. He was empowered to bring to obedience
and order, all mutinous and disorderly persons who would not live
in peace, and to punish great offenders, not only by imprisonment
and other punishment, but even with death, yet not otherwise than
according to the ordinances and legal forms, and after having con-
sidered and examined the case, and consulted with the most noted
and prudent persons he could find in the country.
He was to direct the operations of the settlers, according to his
best discretion, so as to secure a good cultivation of the country,
and to promote the advantage and profit of those interested therein.
He might choose a place for his own residence, and also a situa-
tion for building a fortress, but must pay particular attention that
by such fortress the South River might be shut, or commanded.
He was not to interfere with the Dutch in their possessions, and
was to represent to them, that her Majesty had no other than rea-
sonable and just intentions, seeking only to occupy and use the
lands they had purchased from the legitimate proprietors. But if
the Dutch should show hostile intentions, her Majesty (not being
able to judge on the spot,) gave authority to the Governor to remove
all disputes by friendly negotiation, and this not succeeding, " he
might think of the means of repelling force by force."
The Dutch colonists who had settled in the province under
NEW SWEDEN. 87
allegiance to the Crown of Sweden, were to retain the privileges
that had been granted them, but they were to be removed to a greater
distance from Fort Christina, if this could be done without actual
compulsion. He was to treat the natives with humanity and
mildness, to see that neither injustice or violence was done them,
but on the contrary, to labor that these people be instructed in the
Christian religion and the divine service.
He was required, above all, to labor and watch that he might
render in all things to Almighty God, the true worship that is his
due, and the glory, praise and homage which belong to him, and
to take good measures that divine service should be performed
according to the true confession of Augsberg, the council of Upsal,
and the ceremonies of the Swedish Church; having care that all
men, and especially the youth, be well instructed in all the parts
of Christianity, and that a good ecclesiastical discipline be observed
and maintained. The Dutch settlers might be indulged in the
exercise of the Reformed religion.
The Governor was exhorted in general terms, to comport him-
self in a manner becoming a faithful patriot.
From these instructions an opinion may be formed, not only
as to the nature of the government that was to be established, but
also, as to the claim of the Swedes, to the country they occupied.
No mention is here made of a treaty with the English, or a
purchase from the Dutch; the claim as now presented, is only to.
lands that had been purchased from the Indians who are called
"the legitimate proprietors." But such a claim, whether just in
itself, or not, could scarcely "be urged to much effect, by the
Swedish settlers. No European people, not even the Swedes
themselves, had paid any regard at their first appearance in the
country, to the rights of the natives ; lands were entered upon
and possessed, without the least attention to their wishes or will,
or if their claim was considered at all, it was merely as an inci-
dent that would follow the superior right. According to a principle
which had become incorporated into the code of international law,
the claim of the natives could not be taken as a foundation of title.
But had the ease been otherwise, had the rights of the natives been
acknowledged as distinct and independent, or even superior, still
the Swedes would have gained but little from such a concession.
88 NEW SWEDEN.
These rights had already been acquired by others. Such at least
was the case in regard to a portion of the territory included in
New Sweden. Godyn and Bloemmaert had purchased lands on
both sides of the Delaware Bay, and the New Haven colony had
obtained a similar claim. The natives, it would seem, were dis-
posed to sell, as often as a purchaser appeared.
The Government of New Sweden as set forth in the instruc-
tions of Governor Printz, was perfectly simple in character. The
laws and customs of the mother country were to be extended to
the province, but the whole administration of law, both executive
and judicial, was placed in the hands of a single individual, the
Governor, only that in certain cases he was to act with a council
selected by himself, from the "most noted and prudent persons"
in the province. With these limitations, property, liberty, and
life, were entirely at his disposal.
The Governor selected for his residence a small Island on the
Delaware which the natives called Tennacong, (the name has since
degenerated into Tinnicum,) which Island was afterwards given to
the Governor in fee. At this place the Governor erected a number
of dwellings, and a fort, which he called Fort Gottenberg; here
was the Capitol of New Sweden.
Governor Printz exhibited activity and vigor in the discharge
of his duties. He was relieved from the necessity of carrying out
his instructions in regard to the English colony, by the occur-
rences that had taken place before his arrival, but he assumed im-
mediate control, in this portion of the province. In order to
provide against further encroachment, as well as for the more
perfect fulfilment of the direction to " shut up the Delaware," a
fort was erected on this border of the Delaware, not far from the
mouth of the Varcken's Kill.37 Three forts were thus erected
upon the river, and were sufficiently armed and garrisoned,38 and
31 This Fort was erected by Printe soon after his arrival ; it was on the south
side of Salem Creek, (otherwise called Varcken's Kill,) near its junction with
the Delaware. The Fort was called Elfsborg, afterwards, from the number of
musquitoes that infested the place, it came to be called Myggenborg. The
name of the Fort is still preserved in the name Elsingborg or Elsingborough
which now belongs to a township in the vicinity.
' M Christina, Fort Gottenborg, and Elfsborg.
NEW SWEDEN. • 8«
under the management of Governor Printz the means at com-
mand would be used to the greatest effect. He had no reluctance
to oppose "force to force." All vessels passing the Swedish
posts were compelled to cast their anchors, or lower their flags,
not excepting, as it is said, those of the "noble West India. Com-
pany," and some of their vessels were injured by cannon balls,
and were in eminent danger of losing their crews.39
The internal administration of Governor Printz was positive and
rigid, and in some of his acts he not only exceeded the authority
given in his instructions, but assumed an independence of the Swed-
ish government itself. Yet some reason may be urged in extenua-
tion of his course, at least in regard to certain particulars. A design
was entertained by the government, to use New Sweden as a penal
settlement, and a number of convicts and other offenders were
sent to the province, to be employed in various ways.40 Go-
vernor Printz forbade a party of these emigrants to land, and
compelled the commander of the ships to carry them back to
Sweden. This assumption of power, however unwarranted, was
probably the means of arresting a policy which must have proved
inimical to order and government, and pernicious to the interests
of the province. Had it been fully pursued, the mother country
would have been freed from a number of vicious inhabitants, but
New Sweden might have been rendered a reproach to the parent
State, and a disgrace to the New World.41
It was not to be supposed that the authorities of New Nether-
39 Hudde's Report.
10 «The people who went or were sent from Sweden to America were of two
kinds ; the principal part of them consisted of the company's servants, who were
employed by them in various ways ; the others were those who went to the
country to better their fortunes; they enjoyed several privileges, they were at
liberty to build and settle where they thought proper, and to return home when
they pleased. There was a third class consisting of malefactors and vagabonds.
These were to remain in slavery, and were employed in digging the earth,
throwing up trenches, and erecting walls and other fortifications ; the others had
no intercourse with them, but a particular spot was chosen for them to reside
upon." Campanius.
41 For some years the Government continued to send convicts to New Sweden,
but not in great numbers.
12
90 NEW SWEDEN.
land would finally submit, and allow the country they had claimed
and held, entirely to pass from under their control. They had not
attacked the English upon the Delaware and the Schuylkill, in
order that the advantages obtained, might be held by the Swedes ;
and the positive and forcible measures of Printz, though causing
delay, were not such as to secure submission.
In 1646, Van Ilpendam, the Commandant of Fort Nassau, fell
under the suspicion of want of fidelity, and in consequence, was re-
moved from his place ; but not long afterwards Andreas Hudde was
ordered to the Delaware, and directed to assume the principal com-
mand. Hudde was active and vigilant, and speedily adopted mea-
sures for regaining possession of the country, and for the recovery
of trade. A principal means by which the Swedes and the Dutch
conducted their opposition, was the agreements they made with the
Indian tribes ; by these, new claims were acquired to portions of
land, and also to certain privileges in traffic. In the pursuance of this
singular strife, the Dutch became possessed of portions of territory
near to the seat of Swedish authority, and the arms and insignia
of the West India Company were erected thereon.42 This pro-
ceeding excited immediate opposition on the part of the Swedes ;
the offensive ensign was torn to the ground, and Governor Printz
declared, that he would have done the same had it been the colors
of their High Mightineses, the States General of Holland. He
also addressed a protest to Hudde, warning him "to discontinue
the injuries of which he had been guilty against the Royal Majes-
ty of Sweden, my most gracious Queen; not showing the least
respect to her Royal Majesty's magnificence, reputation, and
dignity." Hudde disclaimed all intention of encroaching on the
rights of the Swedes. "The place we .possess," he said, "we
held in just deed, perhaps before the name of the South River was
heard of in Sweden." Angry contention only short of actual
violence ensued. Printz was imperious and passionate, and
43 In pursuance of special direction, Hudde had purchased of the natives a
tract of land on the western shore, "about a mile distant from Fort Nassau, to
the north." It is supposed to have been the site on which the city of Phila-
delphia now stands. See Ferris's Settlement on the Delaware, p. 74.
NEW SWEDEN. 91
Hudde unyielding and positive. But the crisis which seemed to
be threatened was deferred for a time.
The situation of affairs in New Netherland at this juncture, was
not favorable to a vigorous prosecution of its claims, and the repre-
sentations and demands of the Commandant on the Delaware, call-
ing for assistance and support, did not meet with a ready response.
Director Keift had become involved in difficulties which for the
time, diverted attention from the encroachments of the Swedes;
the resources of his province were consumed by the long con-
tinuance of the Indian war ; much dissatisfaction with his measures
was felt and expressed by his own people, and the English upon
his northern possessions continued to strengthen their settlements,
and to urge their claims.
The people at New Haven had been greatly excited on ac-
count of the destruction of their colony on the Delaware, by the
Dutch and the Swedes, and measures had been immediately
adopted for obtaining redress. A statement setting forth the in-
juries they had sustained, was introduced to the notice of the
Commissioners of the United Colonies of New England, and the
subject was presently taken up in that body.43 Upon full con-
sideration, it was resolved, that letters should be directed to the
offending parties, reciting the facts, and demanding satisfaction.44
Accordingly, in September, 1643, letters were written both to
Governor Keift, and Governor Printz; these letters were signed
by John Winthrop, Governor of Massachusetts colony, and Pre-
sident of the Commissioners for the United Colonies of New
43 The union between the several colonies of New England was formed in
1643. It was designed for mutual defence against the Savages, and for protec-
tion and security against the claims and encroachments of the Dutch. The
parties to the confederacy were Massachusetts, New Plymouth, Connecticut and
New Haven. By the articles of confederation, the colonies entered into "a
firm and perpetual league of friendship and amity for offence and defence, mutual
advice and succour upon all just occasions, both for preserving and propogating
the truth and liberties of the Gospel, and for their own defence and welfare."
The aflairs of the United Colonies were to be managed by a legislature to con-
sist of two persons, to be styled Commissioners, to be chosen by each colony.
It was to this legislature that the application from New Haven was made.
44 For the recital, see note, p. 71.
92 NEW SWEDEN.
England. Some months afterwards answers were received from
each of these parties, but they were evasive, and gave little satis-
faction, and the New Haven colonists were obliged to await a
more favorable opportunity for the pursuance of their claims in
this particular case. But in 1646 they made a new acquisition,
purchasing lands not far from the Hudson River, and erecting a
fort ; by this movement a long altercation was brought on, be-
tween Director Keift, and Eaton, the Governor of New Haven.
The former declared "that we are forced again to protest and by
these presents we do protest, against you as breakers of the peace,
and disturbers of the public quiet," and he also threatened, that
unless the New Haven people should restore the places they had
taken, and repair the losses the Dutch had experienced, the latter
people would manfully recover them by such means as were
within their power, and would hold the English responsible for
all the evils that should ensue. In his answer, Governor Eaton
denied that he had entered upon lands to which the Dutch had
any known title, he alluded to the injuries and outrages done to
the people of New Haven, both at the Manhattans and on the
Delaware, and concluded with an offer to refer all difficulties
between his people, and the Dutch, to the decision of any compe-
tent authority, either in America or in Europe. Not long after-
wards the correspondence between these parties was laid before
~the Commissioners of the New England Colonies, at a meeting
held at New Haven, and the matter at issue, together with other
differences between the English, and the Dutch, became subjects
of earnest attention. The Commissioners afterwards addressed
a letter to Director Keift, mentioning the difficulties that had oc-
curred on the Connecticut River, and also the recent proceedings
of their confederates of New Haven, and expressed an opinion that
the answer of Governor Eaton, was fair and just. The final
reply of Director Keift was expressed in terms of far more vehe-
mance, than strength, yet it seemed to proceed from a real convic-
tion that there was justice in his claim.45
But the administration of Director Keift was drawing to its
" O'Callaghen, p. 385.
NEW SWEDEN. 93
close. Strong complaints had been made against him, and trans-
mitted to the Directors of the West India Company; he was
charged not only with mismanagement, but also with the greatest
abuse of his powers. It is certain that the course he pursued
brought serious misfortunes upon the province. In the war with the
Indians the population was reduced, and debt was incurred, and in
consequence the colonists were subjected to numerous and heavy
exactions. His own people became enfeebled, whilst the neigh-
boring colonies were waxing in strength. The Governor was
active, but his activity frequently ran into rashness, and his zeal
was of a kind that often wore the appearance of passionate impulse.
Keift was removed from office in 1646, and in the following
year departed from the province to return to Holland; but the ship
with all on board were lost on the voyage.
CHAPTER VI.
NEW NETHERLAND, NEW SWEDEN, AND NEW ENGLAND.
PETER STUYVESANT was next appointed as Director in Chief in
New Netherland. His commission was dated on the 26th of July,
1646, and included the province of New Netherland, and the
Islands of Curacoa, Bonaire and Aruba, on the Spanish Main.
He arrived in the country in May, 1647. He had long been
employed as a military officer in the service of Holland, and was
reputed to be courageous, prudent and firm.
. At an early period the new Director applied himself to a re-
moval of the difficulties and dangers with which the province was
surrounded, from the hostile dispositions of the Indians, and the
doubtful attitude of the English, and the Swedes. He concluded
a treaty of peace with the natives which continued unbroken
during the whole of his administration.1 But the differences with
the English were not of a nature to be readily terminated ; at this
time, the principal matters in dispute related to the claims of New
Haven and Connecticut, to the ownership, and exclusive posses-
sion of lands.
The New Haven people were not disposed to relinquish the
claims they had advanced to lands upon the Delaware, and in
1649, Governor Eaton, on behalf of the colony, made a new ap-
plication to the New England Commissioners. He proposed that
effectual measures should be immediately adopted for securing the
rights of New Haven, by taking possession of the territory in
question, and planting colonies thereon. The Commissioners did
not agree at the time, to engage in any attempt for the purpose
proposed, but they recognized the rights of the people of New
1 Frost's History, vol. 2,, p. 47.
NEW NETHERLAND. 95
Haven to lands on the Delaware, and left the owners at liberty to
cultivate their interests therein, in such manner as they should
deem proper.2
The Director of New Netherland did not fail to perceive that
the aspect of affairs was threatening, and he endeavored to pro-
vide for the danger. Application was made to the West India
Company, for the necessary authority and aid, but the corporation
refused to give sanction to any measures of violence or force.
"War," they said, "cannot in any event be to our advantage; the
New England people are too powerful for us."3
Negotiation was therefore resorted to, and Stuyvesant himself,
repaired to Hartford in order to effect an adjustment of the points
in dispute. A conference with the Commissioners led to a resolve
that Delegates should be appointed who were to represent the in-
terests of their respective parties, and to devise some plan of agree-
ment. After long discussions, articles of agreement were con-
cluded upon by the delegates, on the 19th of September, 1650.
2 Extract from the proceedings of an extraordinary meeting of the Commis-
sioners for the United Colonies, held at Boston, July 23d., 1649.
'From New Haven general court, it was propounded to the Commissioners
what course might be taken for the speedy planting of Delaware Bay. The
title some merchants at New Haven have by purchase from the Indians, to con-
siderable tracts of lands on both sides of the river, was opened; and the Com-
missioners did read and consider what had passed at a former meeting of theirs, in
Anno Domini 1643. A writing delivered into New Haven Court, by Mr. Leech,
concerning the healthfulness of the place, the goodness of the land, conveniency
of the lesser rivers, with the advantage of a well ordered trade there, was also
perused. The Commissioners with the premisses considering the present state
of the colonies, the English in most plantations already wanting hands to carry
on their necessary occasions, thought fit not to send forth men to possess and
plant Delaware, nor by any public act or consent, to encourage, or allow the
planting thereof; and if any shall voluntarily go from any of the colonies to
Delaware, and shall without leave and consent of New Haven, sit down upon
any part or parts thereof, or in any other respect shall be injurious to them in
their title and interests there, the colonies will neither protect nor own them
therein. The New Haven merchants being notwithstanding left to their just
liberty, to dispose, improve, or plant the land they have purchased in those parts
or any part thereof as they shall see cause. Hazard's Register, voL 1., p. 17.
3 Bancroft's History, vol. 2., p. 295.
yb NEW NETHERLAND.
This agreement was in the nature of a provisional treaty, to be
confirmed by the respective governments in Europe. It gave to
the English the whole of the territory on the Connecticut River,
except such portions as were actually possessed by the Dutch.
Long Island was also divided between the two nations.4
In regard to the interests of the New Haven claimants, the
agreement was quite indecisive ; it left the matters in issue nearly
in their original condition. It was stated that for the time, the
parties were left at liberty to improve their interests for planting
and trading as they should see cause.5
4 Frost's History, vol. 2., p. 47, Bancroft's History, vol 2., p. 295.
1 Articles of agreement made and concluded at Hartford upon Connecticut,
September 19th, 1650, betwixt the delegates of the honored Commissioners of
the United English Colonies, and the delegates of Peter Stuyvesant, Governor
General of New Netherland.
1. Upon serious consideration of the difference and grievances propounded by
the two English colonies of Connecticut and New Haven, and the answer made
by the honored Dutch Governor, Peter Stuyvesant, Esq. According to the trust
and power committed unto us as Arbitrators or Delegates betwixt the said parties,
we find that most of the offences or grievances were things done in the time and
by the order and command of Monsieur William Keift, the former Governor, and
that the present honored Governor, is not duly prepared to make answer to them ;
we therefore think meet to respite the full consideration and judgment concerning
them, till the present Governor may acquaint the High and Mighty States and
West India Company, with the particulars, that so due reparation may accord-
ingly be made.
2. The Commissioners of New Haven complained of several high and hostile
injuries which they and others of that jurisdiction have received from and by
order of the aforesaid Monsieur Keift, in Delaware Bay and River, and in their
return thence as by their former propositions and complaints may more fully
appear; and beside the English right claimed by a patent, presented and showed
several purchases they have made on both sides the River and Bay of Delaware
of several large tracts of land unto and somewhat above the Dutch house or fort
there, with a consideration given to the said Sachems and their companies, for
the same acknowledged and cleared by the hands of the Indians, whom they
affirmed were the true proprietors, testified by many witnesses ; they also affirmed
that according to their apprehensions, they have sustained £1000 damages,
partly by the Swedish Governor but chiefly by order from Monsieur Keift, and
therefore required due satisfaction and a peaceable possession of the aforesaid
lands to enjoy and improve according to their just right. The Dutch Governor
NEW NETHERLAND. 97
Under these circumstances, the New Haven colony resolved
that another attempt should be made to establish themselves upon
their territory, and early on the following year a company departed
for the Delaware. They had received a commission from Governor
Eaton, who also wrote an amicable letter to the Governor of New
Netherland, giving him information of the object in view, and also
stating, that in accordance with the agreement at Hartford, the set-
tlers would occupy their own lands, and give no disturbance to
others. But Director Stuyvesant was resolved that no advantage
should be drawn by his opponents from the treaty that had been
made, and when the English presented themselves at the Manhat-
tans, he immediately caused them to be arrested, and their vessel
secured. He also compelled them to enter into an engagement not
to proceed to the Delaware, and threatened, that if any English
should be found there, they should be seized, and sent prisoners
to Holland. The company were without the means of resistance,
and were obliged to return to New Haven.
Directly upon their return, a petition was prepared and addressed
to the Commissioners of the United Colonies, setting forth the in-
jury that had been done by the Dutch, and asking that some course
should be adopted, for defending the. property and persons of the
petitioners, and for maintaining "the honor of the English nation."6
by way of answer, affirmed and asserted the right and title to Delaware or the
South River, as they call it, and to the lands there as belonging to the High
and Mighty States and the West India Company, and professed that he must
protest against any other claim; but is not provided to make any such proofs as
in such a treaty might be expected, nor had he commission to treat or conclude
any thing therein ; upon consideration whereof, we the said Arbitrators or Dele-
gates wanting sufficient light to issue or determine any thing on the premises,
are necessitated to leave both parties in statu quo prius to plead and improve
their just interests at Delaware for planting and trading as they shall see cause;
only we desire that all proceedings there as in other places, may be carried on
in love and peace, till the right may be further considered and justly issued
either in Europe or here, by the two States of England and Holland."
The agreement made by the colonies was never ratified. It was assented to
by the Government of Holland, but was not confirmed in England. — Bancroft.
' " To The Honored Commissioners for the United Colonies now assembled at
New Haven:
" The Honorable Petition of Jasper Graine, William Tuttill and many
13
NEW NETHERLAN0.
After considering the matters presented in the petition, the Com-
missioners resolved, that a letter should be directed in their name,
to the Director of New Netherland. In this communication they
stated, that the conduct of Stuyvesant was regarded by all the
colonies as directly contrary to the agreement he had made ; that
the New Haven settlers had only designed to improve their just
rights, and that the terms of the treaty expressly allowed of plant-
ing and trading upon lands, as the parties might choose. They
also demanded that satisfaction should be made to their friends
and confederates, for the damage that had been done. But the
Commissioners informed the people of New Haven, that they did
not think meet at the time, to enter into any engagement against
other inhabitants of New Haven and Sotocket." After some preface the Petition
proceeds, " and whereas your petitioners streightened in the respective planta-
tions, and finding this part of the country full, or affording little encouragement
to begin any new plantations for their own comfort and convenience of posterity,
did upon a serious consideration of the premises and upon encouragement of the
treaty between the honorable Commissioners and the Dutch Governor, the last
year at Connecticut by agreement and with consent of the said merchants and
others, resolve upon a more difficult remove to Delaware ; hoping that our aims
and endeavours would be acceptable to God and to his people in these colonies,
being assured our title to the place was just ; and resolving (through the help of
God) in all our carriages and proceeding, to hold and maintain a neighborly cor-
respondence both with the Dutch and Swedes, as was assured them both by the
tenor of the Commissioners, and by letters of the honored Governor of this
jurisdiction; to these ends, and with these purposes preparations were made,
in the winter, a vessel was hired, and at least fifty of us set forward in the spring
and expecting the fruit of that wholesome advice given at Hartford the last
year in the case by the Manhattoes, which we might have avoided, and from
our honored governor presented a letter to the Dutch Governor, upon perusal
whereof, (without further provocation) he arrested the two messengers and
committed them to a private house, prisoners under a guard, that done, he sent
for the master of the vessel to come on shore to speak with him, and committed
him also, after which two more of the company coming on shore and desiring
to speak with their neighbors under restraint, he committed them as the rest,
then desiring to see our commissions and copy them out, promising to return
them the next day, though the copies were taken, and the commissions demanded,
he refused to deliver them, and kept them, and the men imprisoned till they
were forced to engage under their hands not to proceed on their voyage to the
Delaware, but with loss of time and charge, to return to New Haven." &c.
NEW NETHERLAND. » 99
the Dutch, choosing rather "to suffer affronts for a while than 1o
seem to be too quick;" yet if the petitioners should think proper
to attempt the improvement of their lands at any time within
twelve months, and for that purpose, should, at their own charge
transport together one hundred and fifty, or at least one hundred
able men, armed in a proper manner, that in case they should
meet with any opposition from the Dutch, or the Swedes, the
Commissioners would assist them with such a number of men as
should be thought meet.
But the Director of New Netherland stood firm to his purpose.
He insisted that according to the terms of agreement, affairs were
to remain in their former state, and that no improvement should
be made which would change, in any respect, the rights of the
claimants ; and he declared in a letter to Governor Eaton, that he
would resist, even to the last extremity, any attempt to settle or
plant upon the lands in dispute.
The people of New Haven made various attempts to strengthen
their interests, and to maintain their claims, they applied to their
confederates both singly, and in union, but no decisive result was
obtained; the opposition between New England, and New Neth-
erland was constantly increasing in strength, but the period of
crisis had not yet arrived.
The attention of Governor Stuyvesant was now directed to
making provision for the vindication of the claims of the Dutch,
against the demands and advances of the Swedes. The latter
people continued to hold possession upon the Delaware ; they had
secured a great portion of the trade of the country, and had com-
pelled the Dutch to submit to numerous indignities. But Stuyvesant
was little disposed to passive submission, or further forbearance.
By his direction, a tract of land was purchased from the Indians, in
the name of the States General and the West India Company, lying
between Christina Creek and Bomptie's Hook, and by this move-
ment an opportunity was given to the Dutch, to penetrate nearly
to the heart of the Swedish settlements.7 Preparations were also
made for erecting a fort.
' This purchase was made on the 19th of July,
100 NEW NETHERLAND.
These vigorous proceedings gave much alarm to the Swedish
authorities ; and Governor Printz immediately protested against
them ; the lands, he said, were the property of the Swedes, by
rightful purchase. But no more regard was paid to the Swedish
protest, than a similar instrument had formerly received, from the
Swedes themselves ; the Dutch persisted in their course, and soon
completed their fort; it was placed but a few miles from the
primitive seat of Swedish authority. It was called Fort Casimer.
Governor Printz had sufficient discernment to perceive, that his
authority would be wholly and quickly subverted, unless the
movements of the Dutch could be checked; he therefore des-
patched some agents to Sweden, with orders that full information
should be given to the government, of his perilous condition.8
But before the support he required, could be expected to arrive, the
Governor, who was hasty and impatient, became wearied with
delay, and resolved to depart from the province. He had formerly
intimated a desire to relinquish the government, and his present
departure was probably in pursuance of his previous design, yet
the abandonment of his post at the present conjuncture, was not
calculated to confirm the opinion which his superiors seem to
have held, in favor of his character and conduct. He had rendered
himself unpopular in the province by his rigorous exercise of
power. He departed in 1653, and deputed his authority to his
son-in-law, John Pappegoia.9
In the mean time, before it was known in Sweden, that Printz
had surrendered the government, measures were adopted for the
releif of the province, and an assistant to the Governor appointed.
The individual who was chosen for this situation was John
Rysing.10 He received his commission in 1653, and ample in-
* Ferris' Settlements, p. 79. ' Clay's Annals, p. 25.
""Upsul, Dec. 12///, 1653.
" We Christina, &c. make known that having elected our very faithful sub-
ject John Rysing, formerly Secretary of the General College of Commerce, to
make a voyage to New Sweden, in order there to aid for a certain period our
present Governor of the said country, agreeably to the orders and instructions
which he has received from the said College, and being willing that in conse-
quence of the hazard and fatigue he will experience during so long a voyage —
NEW NETHERDAND. 101
structions were also given, directing the course to be pursued by
the government.
The Governor was directed to be careful that the South River
should be fortified, protected and defended, as far as practicable.
He was to extend the limits of the country, if this could be done
with prudence and propriety, without hostility, or any risk to
what was already possessed. With respect to the fortress that
the Dutch, had built upon the coast, (Fort Casimer,) if he could
not induce them to abandon it by argument, and serious remon-
strances, and without resorting to hostilities, he should avoid the
latter, and confine himself solely to protestations; suffering the
Dutch to occupy the fortress, rather than it should fall into the
hands of the English, who it was said were more powerful,
and therefore more to be dreaded in the country. But it would
be proper to construct a fortress nearer the mouth of the river,
below that of the Dutch,.in order to defend the passage, and render
theirs useless. But the mildest measures only, were to be em-
ployed.
To encourage the cultivation of land in New Sweden, her
Majesty resolved and ordained, and the Governor on the part of
her Majesty, was to give assurance, that all who should wish to
purchase either from the company, or the savages, as her subjects,
recognizing the jurisdiction of the Crown of Sweden, should enjoy
in respect to the lands thus purchased, all franchises and allodial
privileges, both themselves and their descendants, forever; being
assured that they should be admitted into the company, or other-
wise secured in the franchises aforesaid. Nevertheless, no one
should enter into possession of land without the sanction of the
Governor, in order that no one should be deprived improperly,
of what he already possessed.
that his pay and support be there rendered therein, we command that the
Sieur John Rysing, in virtue of this letter patent, and in the capacity of Com-
missary of the said General College of Commerce, shall receive annually the
sum of Twelve Humdred Dollars in silver, in addition to the special appoint-
ments which he may receive from the Company of the South." Rysing also
received the sum of One Hundred Rix Dollars for his equipment and voyage.
Hazard's Register.
102 NEW NETHERLAND.
Some changes were also made in the Constitution of the Go-
vernment. The military, was separated from the civil department,
and provision was made for a permanent Council, to act with the
Governor.
It was ordered, that before the present Governor should leave
the country, he should render to the Commissary Rysing, an exact
account of all the affairs of justice and police, and of the revenues
of the company, and all similar matters. That he should in the
mean time, and until new orders were received, resign into the
hands of John Amundson, (who went out at the same time with
Rysing,) all that relates to the military, and to the defence of the
country; establishing also a Council formed of the best instructed
and most noble officers in the country, of which Rysing should
be Director, in such manner however, that neither he in his
charge, or John Amundson, as governor of militia, in his, should
decide or approve any thing without reciprocally consulting each
other. The Governor, in case of his leaving the country, should
give written instructions to the subordinate officers, in order, that
the government might be duly administered. But if the Governor
should remain longer in the province, he should accept as Com-
missary, and Assistant Counsellor, the aforesaid John Rysing,
and for the Council those whom he should judge the most proper;
and that all affairs should be decided after due deliberation, and
with unanimous agreement.
Upon the arrival of Rysing, it was found that the Governor had
already departed, and had left authority in the hands of Pappegoia.
The latter was superseded upon the arrival of Rysing, and after
remaining for a time in a subordinate situation, departed from the
province.
Rysing, who was now the principal in command, assumed the
title of Governor, or Director General, and with it, a degree of
authority not warranted by the instructions that had been given.
The direction of military affairs, and all that related thereto, had
been expressly assigned to another individual, but Rysing retained
the entire control; he also proceeded to exercise his powers in a
prohibited case. The instructions he had brought to the province,
directly forbade that any hostile attempt should be made to effect
the removal of the Dutch, from their fort on the coast. But Rysing
NEW NETHERLAND. 103
resolved upon a different course, and an attack upon Fort Casimer
was one of his earliest acts.11 He landed a company of thirty
men, advanced to the fort, and gaining admittance either by false-
hood or force, demanded an immediate surrender.12 The Com-
mander was not in possession of the means of resistance, and was
compelled to yield up the post ; all persons in the fort were allowed
to depart, but if any should choose to remain, they were promised
that full protection should be given them, upon taking an oath of
allegiance to the Crown of Sweden. The reduction of Fort
Casimer having been effected on Trinity Sunday, the captors
gave to the works the name of Trinity Fort.
After this conquest, Commander Rysing applied himself to
strengthen and secure the Swedish authority, in the province.
Fort Casimer, or Trinity Fort, was rebuilt and extended, and
measures were adopted for placing the people in friendly relations
with the Indian tribes. To these transactions a period of calm
succeeded, which some historians have interpreted as a proof, that
an agreement had been entered into between the Dutch, and the
Swedes, in which the several matters in dispute were fully ad-
justed.13 But the calm was only the precursor of storm.
The Governor of New Netherland had been deeply moved by
the injury which he conceived to have been done, in the attack
upon Fort Casimer, and he only awaited the reception of the
proper authority, and the completion of the needful preparations,
" Acrelius and other authorities represent, that the attack on Fort Casimer
was made by Rysing at his first appearance in the Delaware. But then, he
could not have been ignorant of the tenor of the instructions that had been
given, and if such a step was ventured upon before he had become properly
invested witty authority, or had entered upon office, the act was only the more im-
prudent and improper.
»a By some it is said, that the place was taken by storm, others assert, by
stratagem.
,13 Campanius says that the differences between Rysing and Stuy vesant in the
year 1654, appear to have been amicably settled; and this view is also adopted
by Clay, who remarks in reference to subsequent movements, " that there seems
to have been a want of good faith, or at least the practice of some deception, on
the part of the Dutch." Nothing is known to warrant the imputation of
treachery, except the apparent quietude 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."14
Stuy vesant 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 Delaware. 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.15
The Island of Tennekong was next approached, and Gottenberg
the fort, with the 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.16 But this declaration was productive of
no effect. The province was lost.
11 Bancroft, vol. 2, p. 297.
" For the terms of surrender, see Acrelius. They are also given in full in
Ferris's Settlements, p. 94.
1C [Protest] " The underwritten resident of Sweden doth find himself obliged
by ex press 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 unexpectedly assault by force of
arms the Swedish colony there, taking from them their forts, and drove away
the inhabitants, and wholly dispossesed the Swedish Company of their district.
It is true and without dispute, that the Swedish Company did acquire optima
titulo juris that part which they possessed, and did buy it of the natives, and
consequently had possession of it for several years; without that the West India
Company of these countries did ever pretend any thing. Wherefore the said
resident doth not doubt but these hostilities will very much displease their High
and Mighty Lordships, and doth desire in the name of his most Gracious King
NEW NETHERLAND. 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.17
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 Hudde, the former Commissary at
Fort Nassau, was appointed his Counsellor.18
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 Lord, that their High and Mighty 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 undemnified. H. APPLEBOOM.
"Done at the Hague the 22d March, 1656, (N. S.)"
11 Ferris's Settlements. a Acrelius.
14
NEW NETHERLAND.
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 different 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 unsettled, 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 the 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, and 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, should 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 ar special meet-
ing of the United Colonies was called, which accordingly con-
vened at Boston, in May, 1653.
After examining the evidence in regard to the designs of the
Dutch, a majority of the Commissioners declared themselves in
favor of war. But Massachusetts, the strongest, but most remote
of the colonies, either in the exercise of a sounder judgment, or
from a feeling of greater security against the menaced attack, re-
fused to resort to hostile proceedings. At the suggestion of her
deputies, a person was despatched to the Governor of New Neth-
erland, to demand from him an explanation of his conduct and
course.
Upon the reception of the messenger, Stuyvesant expressed
NEW NETHERLAND.
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 sought, 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 was 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
their 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 different 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.19 Falling in with his present designs, the application
19 [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
which 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 effected, 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 this bearer was one,) concerning the undertaking of a war against the
Dutch, hath after several agitations and discussions of the point, occasioned the
Bay to desert us, (a colony near equal in greatness to the other three,) and to
break the brotherly covenant, refusing to join in a military expedition against
the Dutch, and lately against the Indians also, from whom we have received
much injury and contempt. The truth is, the decliners fear their own swords
more than the Dutch or natives, or the displeasure of the State of England,
concerning that if the 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 hi yours, and so the magistrates in the general court in the Bay,
fear that they shall bear the sword hi 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 are willing to shake off all yokes, and utterly averse to pay the vast charge
of the late long fruitless Commissioners. 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 the great changes hastening upon us
whereof Mr. Cotton spoke on his death bed, upon occasions of the comet, which
shined 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, behind 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 himself 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 knoweth how to supply my defects, and
is indeed a fit man to be employed hi service against the Dutch, if we come not
too late, and if also yoixr Lordship would be pleased to procure two or three
frigates, to be sent for the clearing of the coast from a nation, with which the
English cannot either mingle or easily sit under their government, nor so much
as live by, without danger of our lives and our comforts in this world. And if
these men might be dislodged, it would contribute much to the cure of our in-
testine discontents, which arise principally from our not enterprizing against
these earthly minded men. Yet if withal, your Lordship, by your letters, or the
parliamentary power interposing by their authority, or both, shall command
quietness among ourselves and subjection in the people to the highest powers
throughout the several colonies, and also command assistance te 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 f 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.20 With these views the colonists resolved to pursue their
to live again, wherein you shall do a singular service to many churches of
Christ, and be (through grace) an instrument in God's hand, of effecting great
things in these four colonies, as God hath used you to accomplish great matters
in three kingdoms, &c. Your Lordship's in most observance,
" WILLIAM HOOKE.
" To His Excellency OLIVER CBOMWELL,
"Lord General of all the forces of the Commonwealth of England.
"New Haven, the 3d of November, 1653." Tfiurbe's State Papers.
M At an early period of the colonies it had been understood that they were not
bound by a statute unless they were specially named ; whether the case was the
same with a treaty is uncertain. But the entire course of the colonies at this
time was such as to evince but little dependence upon the parent country. They
had not considered themselves involved in the war in Europe, only as they be-
came so by their own acts. They had themselves declared war against the
Dutch, without any authority from England, and had only applied to that
country for aid, though afterwards an order had been received from Parliament
requiring that the Dutch should be treated in all respects as the enemies of
England. Under these circumstances the treaty in Europe might not be re-
garded as conclusive, as to the separate action that had been commenced or
110 NEW NETHERLAND.
designs in relation to the Dutch. Application was again made to
the English government, and Richard Cromwell, the Second Pro-
tector, manifested a willingness to accede to the wishes of the ap-
plicants. He issued orders to prepare a squadron, and gave
instructions to the commanders for an invasion of New Netherland;
he also caused letters to be written to the provincial assemblies, de-
siring their co-operation in the proposed attempt.21 But the reins
of authority soon fell from the grasp of the feeble Richard, and his
designs and directions were not carried on to completion. A fur-
ther respite was secured to New Netherland.
But the resolves and claims of the English continued the same,
or rather seemed constantly to rise ; the colonists no longer con-
fined their views to the recovery or defence of a particular portion
of territory, but looked to an entire subjugation of the Dutch, and
the possession of the whole of the country they occupied or
claimed. The people of New Haven openly declared that no
New Netherland was known to them, that they considered the
possession of the West India Company entirely unlawful, as not
supported by a grant from the King of England, and therefore
that they were resolved to extend their plantations as far as they
pleased.
Whilst New England was thus advancing on the one hand, the
Governor of New Netherland retained with difficulty the hold he
had lately obtained, on the other. New Sweden seemed ready to
pass from his grasp.
The Dutch had rejoiced in the establishment of their power
upon the borders of the Delaware, and had counted upon a firm
and peaceful possession. The West India Company shared the
government of the country with the principal city of Holland, and
officers representing their authority were placed in the respective
divisions.22 The rule of these persons was rigorous. Stuyvesant
contemplated in the colonies. Such was the position taken by the colonists, and
this, in addition to the claim which they urged to the country held by the Dutch,
was considered as sufficient to warrant the prosecution of hostilities, notwith-
standing the conclusion of the peace in Europe.
* Thurloe's Collections.
K The country on the western side of the Delaware was divided by the Dutch
into two Colonies. One extended from Fort Christina to Bambo-Hook, and was
NEW NETHERLAND. 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!" He
afterwards transmitted an order that they should 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, were brought into jeopardy. Nearly th^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 to require them to depart; but he might propose to
the people there seated, to place themselves under his Lordships
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 Beekman, and Alrich, who acted on behalf of the Dutch.
The latter officers proposed, that the 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.
In the former of these, Jacquet was first appointed as Governor. He was suc-
ceeded by William Beekman. 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 7th
of February, 1663, the company ceded all its rights to the Colony of the City,
and after that time, Hinoyosa was Governor of the united colonies. — See Acrelius.
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 Dela^jpre, 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.23 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. Stuyvesant 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
23 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 have followed him, declare, that the company gave directions to the
colonial officers 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 occupied 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
clanger, and of the necessity of caution in his course. New
England had become greatly 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 which 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-
grants 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 effect. 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 wishes 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 laws should not be
revived. But Governor Stuyvesant 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 way, 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."24
94 Bancroft, vol. 2, p. 308.
CHAPTER VII.
SUBJUGATION OF NEW NETHERLAND, 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 which 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 w^as 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.1 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. *
tween the parties was wholly avoided; the English had -never
conceded the 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, 1663-4, it gave
the lands lying between the western side of Connecticut River,
and the eastern side of Delaware Bay, including Long Island,
Nantucket, Marthas Vineyard, and the Islands in th'Sir 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 Duke 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 w^re 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 affairs 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 destined to New Netherland, "and would shortly set
sail. Information of similar import was received in New England,
and also, that a commission had been appointed to investigate the
state of the colonies, and to settle and determine the policy of the
3 Whitehead's History of East Jersey, p. 23.
SUBJUGATION OF NEW NETHERLAND. 117
country. The visit of the officers of the King to his English sub-
jects, was far more dreaded than desired. It was apprehended
that the feelings entertained by the Sovereign toward the Puritan
sectaries 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 little was attempted, and nothing could be
effected to ward off t*he danger. Stuy vesant 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 became known in
the neighboring province, and the knowledge excited a glimmering
hope in the mind of Stuy vesant; he conceived the idea that an
ufikm might be formed with his ancient opponents, or at le^^, that
they might be prevailed upon to observe neutrality. Tio^secure
this object, he made a voyage, to Boston, .and was received by
Endicott, the Governor of Massachusetts, with entire civility, and
even with an appearance of respect.3
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 whi«h might favor
the Dutch. The proposals of Stuyvesant were rejected both in
Massachusetts and Connecticut, and he returned from his**fruitless
visit only in time to. meet, the invasion of the province of New
-Netherland. - ' * h^Jnts'Hvi
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 Nieholls, 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 Endieott,
'Grahamea' Colonial History, vol. 2, p. 179.
• 118 SUBJUGATION OF NEW NETHERLAND.
the Governor of Massachusetts, 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.4
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 might be informed concerning the
meaning and intent of tKe approach of the ships, and their con-
tinuance in the harbor, which it w.as said, "hath caused admira-
tion in us, not having received any timely knowledge of the same."
Colonel Nicholls 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 any 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 "Manhattoes," with all the forts belonging
thereto, should be surrendered into his hands, and declared that
every man who should submit, should be secure of life, liberty,
and estate, but that all who should make opposition, would bring
upon themselves the calamities of war. Governor Winthrop, who
was known to the Governor and people of New Netherland, also
4 A regiment of two hundred men was afterwards raised and equipped under
the direction of the 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 means 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 would 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
Stuyvesant 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.5
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.
5 The Commissioners on the part of the English were Sir Robert Carre,
Colonel George Cartwright, John Winthrop, Samuel Willison, Thomas Clarke,
and John Pinchon. On behalf of the Dutch, were John De Decker, Nicholas
Varlett, Samuel Megapolensis, Cornelius Steenwick, Stephen Van Courtland,
and James Coussea. Smith's New Jersey.
120 SUBJUGATION" OF NEW NETHERL^ND.
The provisions were most favorable to the Dutch. It was agreed
that the States Generator the West India Company should freely
enjoy all farms and houses, except such as were in the forts, and
should have liberty for six months to remove all arms and ammu-
nition belonging to them, or else they should be paid for them.
That all people should continue free denizens, and enjoy their
lands, houses, goods, and ships, wheresoever they were, and dis-
pose of them, as they should think proper. Any inhabitant wish-
ing to remove, should have a year and six weeks from that date
to remove his family, and dispose of his lands. All persons might
freely come from the Netherlands and plant in the country, and
Dutch vessels might freely come to the country, and any of the
people return home. The Dutch should enjoy full liberty of con-
science in Divine worship, and the Dutch discipline. No Dutch-
man or Dutch ship should be pressed to serve in any war. The
people were to enjoy their own customs concerning property, and
all public writings and records were to remain undisturbed, and
such writings as concerned the States General might be sent to
them. No legal process should be interrupted, or called in ques-
tion. All inferior civil officers might continue in office if they
chose, until the customary time of new elections, but new officers
should take the oath of allegiance to his Majesty of England.
Military officers and soldiers were to be allowed to depart with
their arms and colours, and if any of them would remain as set-
tlers, they should have fifty acres of land assigned to them.
These conditions, with others, formed as favorable an agreement
as was ever granted to any people, in a similar case. „
The satisfaction of the colonists was the natural effect of this
liberal arrangement ; but few availed themselves of the privileges
allowing them to depart from the country ; even Stuy vesant him-
self remained, and continued in the province the remainder of his
days.
The capitulation of New York was soon afterwards followed
by the surrender of other places; Colonel Nicholls advanced to
the vicinity of Fort Orange, which submitted without resistance,
and measures were directly adopted for taking possession of the
country upon the Delaware. For the latter purpose special au-
thority was given by the Commissioners to one of their associates,
SUBJUGATION OF NEW NETHERLAND. 121
Sir Robert Carre.6 He was also furnished with particular instruc-
tions for directing the enterprize. He was to summons the
Governor and inhabitants to yield obedience to his Majesty as the
rightful Sovereign of that tract of land, and to inform them that all
planters should enjoy their farms, houses, goods- and chattels, with
the same privileges and upon the same terms as they do now
possess them ; both the people of the West India Company, and
of the city of Amsterdam.7 They were to know no alteration
"only that they change their masters." He was to represent to
the Swedes the advantages of "their happy return under a mon-
archical government," and to set forth his Majesty's good inclina-
tions to that nation, as well as to all men who should comply with
his Majesty's rights and titles in the country, without force of
arms. In case assistance should be found necessary, messengers
were to be sent to the Governor of Maryland, asking for aid.
To my Lord Baltimore's son and others of the English that were
concerned in Maryland, the Commissioner or Commander was to
state, that his Majesty at great expense had sent ships and soldiers
to reduce all foreigners in these parts to obedience, and for that
6 " Whereas we are informed that the Dutch have seated themselves in
Delaware Bay, on his Majesty of Great Britain's territories, without his
knowledge and consent, and that they have fortified themselves there and
drawn a great trade thither, and being assured that if they be permitted to go
on, the gaining of this place will be of small advantage to his Majesty ; we, his
Majesty's Commissioners, by virtue of his Majesty's commission and instructions
to us given, have advised and determined to endeavor to bring that place and
all strangers there, in obedience to his Majesty, and by these do order and ap-
point that his Majesty's frigates, the Guinea, and the William and Nicholas,
and all the soldiery which are not in the fort, shall with what speed they con-
veniently can, go thither, under the command of Sir Robert Carre, to reduce the
same, willing and commanding all officers at sea and all soldiers to obey the
said Sir Robert Carre during this expedition.
" Given under our hands and seals, at the Fort at New York, upon the Isle
of Manhattoes, September 3d, 1664. "RICHARD NICHOLLS,
"GEORGE CAHTWRIGHT,
"SAMUEL MAVERICK."
1 The whole of the territory claimed by the Dutch on the western side of the
Delaware, was at this time under the government of the city of Amsterdam.
The colony of the company had been ceded to the city the preceding year, and
Hinoyosa had been appointed Governor of the whole country. '"'« '•
16
122 SUBJUGATION OF NEW NETHERDAND.
purpose only ; but the reduction of the place being at his Majesty's
expense, the- country would be held for his Majesty's own behoof
and right, yet, that if Lord Baltimore held claim there by his
patent, (which it was said was a doubtful case,) he might be in-
formed, that possession would only be continued until his Majesty
should become informed and satisfied in the case.8
Sir Robert Carre was entirely successful; upon his arrival in
the Delaware, the different forts were surrendered, and the people
submitted with scarcely an appearance of resistance. Articles of
agreement were concluded which purported to be "between the
Honorable Sir Robert Carre, Knight, on the behalf of his Majesty
of Great Britain, and the Burgomasters on behalf of themselves,
and all the Dutch and Swedes, inhabiting on Delaware Bay, and
Delaware River."9 The burgesses and planters were to submit
themselves to his Majesty without opposition, all persons what-
ever thus submitting, being promised the fullest protection in their
persons and estates. All civil offices, and officers, were to be
continued until his Majesty's pleasure should be farther known ;
all persons were to enjoy full liberty of conscience, in church
discipline as formerly. Any person who might wish to leave the
country, should be permitted to depart with his goods, within six
months from the date of the treaty ; all who should remain, were
to take the oath of allegiance, and whoever should take the oath,
should, from that time, be considered a free denizen, and entitled
to the privileges of trading into all parts of his Majesty's do-
minions, as freely as any Englishman.
This agreement was concluded on the 1st of October, 1664.10
"That was the day on which the whole of New Netherland be-
came subject to the English Crown."11
Thus, in the mutations of human affairs, the fate of New Sweden
now fell in turn, to the lot of New Netherland.
8 From the representations here made, it would appear that the people of
Maryland had partial possession on the Delaware at the time, the Dutch en-
joying no more the divided authority.
8 These Burgomasters were Garret Saunders, Vautiell, Hans Block, Lucas
Peterson, and Henry Cousterier. Gordon's New Jersey, p. 21.
10 Smith's New Jersey, p. 50. " Smith's New York.
SUBJUGATION OF NEW KETHERLAND. 123
One of the circumstances incident to the change that had occur-
red, was an alteration 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 Albany, from one
of the titles of his Royal Highness.
The subjugation of New Netherland by Charles the Second,
has been represented by historians as an act of flagrant injustice
and usurpation.12 The charge contained in this representation
is a subject requiring attention, not for the purpose of defending
the King, but in order to determine important questions of right.
Charles the Second was a profligate, both as a man, and as a
monarch, and no extenuation of his general course, will here be
attempted. As already remarked, the considerations which led to
the act in question were various in origin and character, and they
were probably different also, as to the degree of their influence :
and in such a mind as the King's, the strongest and best, may not
have exerted the greatest force. It may not be safe to affirm that
witli him the most powerful motive was a firm conviction that the
country he resolved to subdue, belonged to his people. But it
can scarcely be necessary in such a case to enter into any analysis
of motives, no more is required than fairly to determine the real
character of the act itself. If the country held by the Dutch, be-
longed of right to the English nation, it is not important to
inquire, what were the particular views which 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 owners, then
the procedure of the King may truly be characterized as
an act of " usurpation," whatsoever his professions or motives
might be. In defending their position, the Dutch professed to have
derived their rights 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. 13 On
this ground the Dutch were entirely precluded. The entire extent
of coast -had been discovered by the English, a fact which was
' Graharac and Gordon. u See page 36.
124 StrBJTTOATION OF NEW NETHERLAND.
known to the Dutch, and to every civilized nation. And this
claim had been 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 determined by 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 unbroken Waste.
To civilized men it appeared indeed as a new world, and for all
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 such a people in relation to the
rights of property, were crude and unsettled. No other possession
was held by individuals than the few implements they used, and
the materials needed in the construction of their rude habitations.
Property in land was not known. Such being the condition of
the country and of the people, no attempt was made by the
Europeans to derive a title from the natives ; they based their
claims upon the ground of original acquisition. Such a claim, in
its principle, was no more than an assertion of the superiority of
civilized to savage society and modes of life, and that the latter
must give place to the former; a principle which 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 country, this claim did not
operate to the immediate extinction of the Indian right from actual
occupancy, it only took the country subject to this right. It took
and held the country subject to this incumbrance. But this in
cumbrance could only be removed by the holders of the principal
title, or if others should do or attempt this, 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 NETHERLAND. 125
That discovery gave the primary or principal right to a country,
was admitted by all European nations; it was acknowledged in all
their negotiations, and wars, and treaties ; whether equitable or not,
the principle was universally acknowledged, and acted upon. It
became national law.
If then, the people of Holland were not the discoverers of the
country they occupied, or had not otherwise come into possession
of the principal claim ; a purchase from the princes and natives of
the land, would 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 whether any, were clothed with sufficient authority to
enable them to make a perfect conveyance of their rights or claims;
but whether the agreements that were made, were concluded in
such form, or by such authority as was generally acknowledged,
or otherwise, it is certain that the contracts made were not con-
sidered of binding force. Lands that had been sold were sold
again without any appearance of scruple; successive agreements
were made with the different people that appeared, or with the
same people, as occasion might offer, and after all, the lands thus
sold, continued to be occupied, as before.14 And even the right to
be acquired by such conveyances as these, slight as it was, was
only partly obtained by the Dutch ; they purchased but a small
part of the territory of New Netherland, having concluded agree-
ments with only a few of the numerous tribes that occupied the
country.15
14 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 was done in the agreements with the Dutch, there is nothing to show.
15 There was yet another difficulty 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
a treaty of peace with the great Five Nation Confederacy, and that the Lenape
tribes were then present. According to the traditions of the latter nations, they
were then prevailed on by the urgent representations of the other tribes, (hi
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 as were in accordance
126 SUBJUGATION OF NEW NETHERLAND.
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 abandonment and loss, if a second
party should enter a country and take possession, and should con-
tinue in enjoyment without interruption, for a sufficient period of
time, 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 these conditions
did not exist. Previously to the coming of the Dutch, the English,
the original claimants, had entered the country themselves, 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 not permitted to do. They had scarcely
entered and seated themselves on the territory when they were
visited by an English officer who asserted the rights of his nation,
and compelled the settlers to acknowledge the authority of his
Sovereign, and to agree to the payment of an annual tribute.
Other measures were afterwards taken; grants were made by the
with the character and offices they had assumed. In the figurative language
of the race, they became "women," and were thus reduced to a state of de-
pendance. The enemies of the Lenape people assert that this change in their
condition was the result of a series of hostile contests; that they were subdued
by force of arms, and compelled to yield, as a conquered people. Whether force
or fraud were the means, the subjection of these tribes is admitted, and as a
consequence they lost dominion over their country. The other nations insisted
that the Lenape people had no right to make treaties, or to dispose of their
lands in any manner. At a subsequent period, Canassatago, a Chief of the
Six Nations, was called on to settle a dispute between the English and the
Indians, in relation to land on the Forks of the Delaware. The Chief addressed
himself to the Delaware tribes, and declared that the lands they now claimed
had already been sold, to his own knowledge, and therefore their present demand
was intended as a fraud. But said he to them, "how came you to take upon
you to sell lands at all ; we conquered you ; we made women of you ; you know
you are women, and can no more sell land than women."
SUBJUGATION OF NEW NETHERLAND. 127
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 the 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 efforts were successful, in others they failed,
but in either case, the claim was maintained. The Dutch were
not allowed 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 embraced 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.16
If these conclusions are well founded, they will serve, if not
completely to justify the conduct of Charles, the English King,
yet 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
prepared 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
16 The principal circumstances that may be urged in support of the 'Dutch
claim, are the implied acknowledgment in their favor, contained in the colonial
arrangement respecting boundaries, made in 1650; and the tieaty 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 colonies, be fairly construed
as determining any questions of title.
128 SUBJUGATION OF NEW NETHERLAND.
one that many of the colonists themselves desired, and which was
probably beneficial 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 affairs 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 country under the Duke, assumed the
direction of affairs.
But, previous 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.17 The conveyance
to Berkely and Carteret was made by an instrument in form as
follows :
" This Indenture, made the three-and-twentieth day of June, in
the sixteenth year of the Raigne of our Sovreign Lord Charles the
Second, by the Grace of God of England, Scotland, France, and
Ireland, King, Defender of the Faith — Anno Domine 1664. Be-
tween his Royal Highness James Duke of York and Albany, Earl
of Ulster, Lord High Admiral of England and Ireland, Constable
of Dover Castle, Lord Warden of the Cinque Ports, and Governor
" Sec Nicholls' letter to the Duke of York. The statements there made in
reference to the causes of the grant to Berkely and Cartcret, wear but a doubt-
ful appearance. *
SUBJUGATION OF NEW NETHERLAND. 129
of Portsmouth, of the one part, John Lord Berkeley, Baron of
Stratton, and one of his Majestie's most honorable 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 northermost 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
River — which said tract of land is hereafter to be called by the
name, or names of NOVA C^ESAREA, or NEW JERSEY."
The name was given in honor of Carteret, on account of his
spirited defence of the Island of Jersey, at the time he was
Governor of that Island.
17
CHAPTER VIII.
NEW JERSEY
THE ESTABLISHMENT OF GOVERNMENT.
IT has been seen that the territory now recovered by the
English, 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
descent; the possession of the country by the Dutch at the time
of the grant, was in no wise 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 these 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 entirely
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 perpetuation of government by the
acts of the people, according to such forms as were prescribed in
the charter, or as they should adopt. In other instances power was
jiven in connexion with property; portions of territory were granted,
given ineo
THE ESTABLISHMENT OF GOVERNMENT. 131
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 farther 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
assigns, 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
132 THE ESTABLISHMENT 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 unsafe to refuse. James, her succes-
sor, though 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 efforts
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 him 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 enlightened principles of government, they still, so far
as is apparent, had no design or desire to use it improperly. On
the contrary, there was exhibited in their measures a degree 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 affairs existing at the time. In a severe
judgment indeed, a doubt might be started, whether the course of
policy pursued by the proprietors, was not adopted from necessity,
rather than inclination ; but even such a doubt, if it abated some-
what from a claim to liberality, would entitle them to higher
praise, for discernment.
THE ESTABLISHMENT OF GOVERNMENT. 133
The institution of government at that period, required a cautious
and a skilful hand. There had been a long period of agitation,
during which the civil and political institutions of the realm of
England had been shaken to their centre, and although the action
had now subsided, the consequences were still apparent. It had
been 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 been 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 be
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
been the fuller enjoyment of liberty, civil and religious. The 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 offer, their object would
be most effectually promoted by making provision for securing to
the people the full enjoyment of civil and religious privileges and
rights. This, the proprietors of New Jersey appeared to perceive,
and to understand.
Not long after the reception of their patent, measures were
devised for peopling and governing the country. The proprietors
published an instrument which may not improperly be termed, a
Constitution, being a fundamental law, according to which the
government of the province was to be established and conducted.
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, 1664.1
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 difference 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.2
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
» Grants and Concessions compiled by Learning and Spicer, p. 12.
a And that the right of advowson granted in the patent to the proprietors,
might not be exercised by their heirs or assigns so as to infringe upon liberty of
conscience, the General Assembly of the province was empowered to appoint
such, and so many ministers as they might think fit, and establish their main-
tainance, giving liberty besides to any person or persons, to keep and maintain
what preacher or ministers they should choose.
THE ESTABLISHMENT OF GOVERNMENT. 135
might make choice of six Councillors 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 first 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 laws 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 time they were
to be presented to the Proprietors for approval, and when con-
firmed, were to be in force until repealed, or until they should
expire by their own limitation. The General Assembly had
power to constitute all courts, and to determine the limits, powers
and jurisdictions of the same, and also the offices, and the number
of officers belonging to each court, with their respective salaries,
fees and perquisites, with their appellations and dignities and the
136 THE ESTABLISHMENT OF GOVERNMENT.
penalties that should "be 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, as 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 the 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 apportionment of land to settlers, in accordance with
the directions given by the Proprietors. Acts were to be passed
providing for the maintainance and support of the Governor, and
for defraying all the necessary charges of the government.
The Executive department of the government was committed
to the Governor and Council. The 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 should 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 officers, 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 by the laws
of the Assembly) but freeholders only were to be appointed to
these offices, except with the special assent of the General Assem-
bly. In like manner they were also to nominate and commis-
sionate all 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 suffer 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.3
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 property, 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.
3 See Grants and Concessions from p. 12 to 26.
18
138 THE ESTABLISHMENT OF GOVERNMENT.
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 finally 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 which they gave the name of Elizabeth, in
honor of the lady of Sir George Carteret.5
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
Nicholls, 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.
Nicholls 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 settlement
of the country, he published "conditions for new plantations,"
* Although the number of deputies was limited at first, yet an increase of
numbers must have occurred from the erection of new divisions in the province,
and as the Assembly, according to the obvious intent of the scheme, would
have formed but a single house, the numerical strength of the popular branch
would have given it virtual control in the body.
s Whitehead's History of East Jersey, p. 3G.
THE ESTABLISHMENT OF GOVERNMENT. 139
which conditions were supposed to be applicable to the entire
extent of his province.' The terms that 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 Nicholls held this portion of
territory in high estimation, and had conferred upon it the name
of "Albania," from one of the titles of the Duke. of York. He
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.7
6 The terms proposed by Nicholls 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. All 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 no man to refuse his proportion, the minister being elected by the major
part of the householders inhabitants of the town. Every township should 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 the same without due process of law. Grants and Concessions, p. 667.
1 [A portion of a letter from Colonel Nicholls to the Duke of York.~]
"I must now descend to the particular occasion of giving your Royal High-
140 THE ESTABLISHMENT Or GOVERNMENT.
But if the Duke had any disposition to comply with such a
proposal, he could not fail to perceive, that the season had passed ;
Nicholls 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 me, 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 Royal Highness to them 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 your Royal Highness'
patent, and capable to receive twenty times more people than Long 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 Royal 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 injury done him by your Royal Highness ; whereupon he contrived and
betrayed my Lord Berkely and Sir George Carteret into a design (contrary to
their knowledge,) of ruining all the hopes of increase in this territory, which 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 comprehend all the titles of your Royal
Highness. Far be it from me to aggravate any thing beyond the bounds of a
faithful servant; for, when it may conduce most for your Royal Highness'
sen-ice, I shall as freely surrender up all parts to your Royal Highness' pleasure
as it becomes me 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 part of Delaware River which is reduced from the Dutch,
if it is not already disposed; if so, then that my Lord Berkely and Sir George
Carteret may have a hundred thousand acres along the sea coast, which is a
moat noble tract of land ; but this will cost them £20,000 before it will yield them
a penny, and their children's children may reap the benefit."
Some time afterwards in a letter to Lord Arlington, Nicholls farther remarks :
THE ESTABLISHMENT OF GOVERNMENT. 141
authority and to surrender New Jersey into the hands of Carteret.
But in the action already taken, the foundation was laid for no
little difficulty in future.8
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
situation Captain Nicholas Verlett, Daniel Pierce, Robert Bond,
Samuel Edsall, Robert Vanquellen and William Pardon. James
Bollen was appointed Secretary of the province.9
One of the first 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 instructions 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 east,
that the present inhabitants cannot possibly subsist in so narrow a compass."
He therefore suggests " 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 WhiteheatTs East Jersey, p. 181.
8 Large grants had already been obtained in accordance with the " Condi-
tions" proposed by Nicholls. On the 30th of September, 1664, John Bailey, Daniel
Denton, and Luke Watson, under permission from Governor Nicholls, had
obtained from the Indians a deed for land which afterwards came to be known
as the Elizabethtown tract. On the 8th of April, 1665, Nicholls confirmed
another purchase to several individuals. This grant which is sometimes called
the Monmouth patent, was the foundation of the settlement of Middletown and
Shrewsbury. See Grants and Concessions, p. 669.
9 The precise date of the appointment of these officers is not determined.
143 THE ESTABLISHMENT OF GOVERNMENT.
that the general divisions of land should be made by the Governor
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 neirs 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 ffom 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 risrht 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 Nicholls
10 The grants that had been confirmed by Nicholls were the foundation of
the settlements of Elizabeth town, and Middletown and Shrewsbury.
THE ESTABLISHMENT OF GOVERNMENT. 143
would probably have stood, had the country at the time been
within his jurisdiction, but 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.11 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
11 Governor Carteret himself became concerned in a purchase from some of
the holders of the Elizabethtown tract. He may have designed by the measure
to lessen the difficulty from conflicting claims, .but it was afterwards used as an
argument against him, it being represented as an acknowledgment of the 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.12
An association which was formed in 1666, received a charter
from Governor Carteret, in which 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 when 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 by the
provincial government, together with other particulars agreeing
with the provisions of the proprietary concessions.13
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
12 Grants and Concessions, p. 664.
13 The settlers under this charter were to settle one or two townships, con-
sisting of from forty to one hundred families, between Rahway and Raritan
rivers. See note in Whitthead'a East Jersey, p. 183.
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 affairs, according to God
and a godly government.14
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 were not sup-
posed to be such as to require, that a general representative body
shouid be chosen. -t
14 These settlers were from several different towns* in Connecticut They
established themselves at Newark. Whilehead, p. 45.
19
146 THE ESTABLISHMENT OF GOVERNMENT.
But on the 7th of April, 1668, Governor Carteret issued a pro-
clamation requiring 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 Elizabethtown, on the 25th of May.15
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.
•••;.. •-,'•'•- '• \' { . -:~: V ?*«fjflb-:
" Whitehead, 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.1 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 that 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
1 The following Burgesses appeared, for Bergen, Gasper Steenmetts and
Balthazar Bayard ; for Newark upon Pishawack River, Captain Robert Treat
and Samuel Swarne; for Elizabethtown, 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.
Grants and Concessions, p. 77.
148 FIRST LEGISLATIVE 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 the 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 the General Assembly
was fully defined, 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 difficult. The two branches of which
the Assembly was composed, were entirely different 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 the deputies. But in this particular
a change would have gradually occurred from the increase of
population, and the consequent addition to the representative body.2
a The number of representatives in this Assembly was increased by the ad-
dition of two deputies from Delaware River, they were Peter Jegon and Fa-
brus Outout The whole number elected at this time, was fourteen, but the
representatives from Middletown and Shrewsbury being dismissed, the number
sitting was the same as at the former session.
FIRST LEGISLATIVE PROCEEDINGS 149
But this advantage to the popular interest was entirely prevented
by the separate meeting of the branches, a mode of procedure
which would render numerical force of no effect; in separate
chambers, the smaller body might 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. What 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 finding so many and great inconveniences by our not sit-
ting, together, and your apprehensions so different from ours, and
your expectations that tilings 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."3
3 Grants and Concessions, p. 90. According to a fair interpretation of the
terms of the concessions, the two branches were not only to sit together in one
chamber, 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 GOVERNMENT.
The next day the Assembly adjourned sine die, and seven
years elapsed 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
Nicholls, 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 the General Assembly would save them harm-
less. The commissioners were also authorized to demand " the
positive resolution of the inhabitants" as to their 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 affairs.
OPPOSITION OF THE PEOPLE TO THE GOVERNMENT. 151
The action of the Middletown settlers 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 likely to test the dis-
positions of the people, and thus to afford an occasion for increased
activity on the part of those who were not well affected. This
occasion was the 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 Nicholls,
and among these persons the people of Elizabethtown became
somewhat conspicuous. They asserted that they had already
paid for their lands, and that their rights had been recognized by
an officer who was believed to be properly qualified, and 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 who 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 the 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 state 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 Elizabethtown on the 14th of May, 1672,
claiming to be the 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 had
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 which 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.4
4 The disturbances that occurred in other parts of the province seem not to
have extended to the settlements on the Delaware. The people there did not
participate in the resistance to Governor Carteret's authority. The exact situa-
tion of this part of the province however, during this first period of Carteret's
administration, is not fully determined. It has been seen that upon the recovery
of the country upon the Delaware from the Dutch, an agreement was made, with
the people securing them in the enjoyment of certain privileges and rights, under
the authority of the King. The claim of Maryland on the western side of the river,
being put back by the superior authority of the Sovereign, the government was
administered by Nicholls or officers appointed by him, until the further pleasure
of the King should be known. The conveyance from the Duke of York to
OPPOSITION OF THE PEOPLE TO THE GOVERNMENT. 153
Finding that all power to enforce the laws of the province was
lost, the Governor's Council advised 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 Bollen, 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
which instructions were given in relation to the disturbances that
Berkely and Carteret placed the territory on the eastern side of the river, under
the proprietary rule, and in 1668, 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 difficulty 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 inhabitants on both sides of the Delaware. 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 New 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
164 OPPOSITION OF THE~PEOPtE f & THE GOVERNMENT,.
Jiad occurred in New Jersey, Lovelace was directed to take notice
himself, and when occasion should offer, to make known to the per-
sons concerned, and to all others, that the Duke woujd countenance
nothing which wouldjlerogate 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 o"rder-and quiet. The "pretended
grants" from Colonel Nicholls were also expressly mentioned, and
were declared by the Duke to be entirely void.5 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 authoirity. They issued "A Declaration of the true
intent and meaning of us the Lords Proprietors and explanation of
their Concessions." This explanation however was in fact a real
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,6 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, subject to the nomination by the several cor-
porations. The 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 Council were to sit by themselves, and the Deputies or
Representatives to form a separate chamber. These changes
gave almost a new character to the concessions.
* Grants and Concessions, p. 32.
6 It was ordered that no more corporations should be established without the
special order of the Lords Proprietors.
OPPOSITION OF 'THE PEOPLE TO THE -GOVERNMENT. ' 155
•** * t • •
A general declaration was made at the same time, directed to
the people of the province ; imwhich, 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 whi<jh 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 Lofrti 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 more 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 RETURN OF THE DUTCH.
their ability to take care of themselves."7 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 agreement 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 different parts of the coast, it ap-
peared before New York, the ancient seat of the Dutch dominion.
The arrival occurred at a most favorable 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 officer gave sufficient 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 ; and
full possession was taken by the Dutch on the 30th of July,
' Bancroft. The remarks of this author however, in relation to this point were
afterwards materially changed. See Whitehead, p. 56.
RETURN OF THE DUTCH. 157
1673. The fall of New York was immediately followed by
the subjection of the surrounding country, including the pro-
vince of New Jersey; the Dutch had recovered their former
possession.
At an early period a proclamation was issued setting forth 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.8
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 the
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.9 These assurances seem to have
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 the acquiescence of the people, it was thought neces-
8 The Commanders were Benckes and Evertzen, the Captains were Colve,
Boes and Van Tyle.
• Whitehead, p. 60.
158 RESTORATION OF ENGLISH AUTHORITY. ..
sary to appoint Commissioners to 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 oath of allegiance ; and this was done in most of the towns.
Provisional instructions were also given to the magistrates and
officers in different 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 of care, as the regulation of civil privileges and rights.
The government thus established 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.10 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."11
But all the 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, 1674, a treaty of peace was concluded between England
10 Private property was not respected in all instances. Colve directed that
the arms and other goods of the late Governor Carteret should be transmitted
to William Hendrick, and afterwards, directions were given that certain
persons who were said to have obstructed the execution of this order, should
be apprehended and carried before the Governor.
See note in Whitehead, p. 62.
" Acrelius.
RESTORATION OF ENGLISH AUTHORITY. 159
and Holland^ By the sixth article of this treaty it was provided
" That whatever lands, towns, or forts had been reciprocally taken
since the beginning of the war, shall be restored to their former
possessors." In-consequence of this agreement, the whole of the
territory that had been taken possession of by the Dutch, includ-
ing "Achter Kol" or New Jersey, was delivered back to the
English, and the latter nation afterwards continued in possession
until the time of the war which gave independence to the American
colonies.
But the occupation of New Jersey by the Dutch, and its restora-
tion to the English, gave rise to a new difficulty in regard to the
proprietary interests and claims. It became a subject of doubt,
whether, during these mutations the claims of the Proprietors had
been merely suspended, or whether they had not been entirely
extinguished and lost. It was supposed or apprehended, that in
the course of such changes, the country might have been put back
in regard to its political condition into the same state that had existed
before the grants to the Duke of York, and to Berkely and Car-
teret, had been made. Being restored by the treaty to the English
Sovereign, he, upon the supposition just mentioned, would be
reinstated in his rights, and all after claimants be completely
divested.12 The question was one of too much intricacy to be
easily determined, and yet of too much importance to be left open
to doubt. As the only mode of cutting off objection and curing
any defect that might exist, or be supposed to exist, it was re-
solved that an entirely new conveyance should be made. Accord-
ingly on the 29th of June, 1674, his Majesty's Letters Patents
were issued giving to his Royal Highness, James the Duke of
York, the same portion of country that had been conveyed to him
in the former grant. The conveyance was made nearly in the
same terms as the original one.13
*a The situation of the country when restored to the King might be consid-
ered as somewhat different from its state at the time the original grants were
made. At that time it was held by right of descent, it might now be claimed
from conquest, and the power of the King over conquered territory was re-
garded as greater than that in his inherited dominions.
11 See Grants and Concessions, p. 41.
160 RESTORATION OF ENGLISH AUTHORITY.
The course of conduct pursued by the Duke upon the renewal
of his patent, was such as to justify the belief that he was inclined
to retain in his own hands the entire advantages given by the
grant, or at the least, that he was desirous to retain the authority
it conferred. Only two days after his patent was received, he
gave a commission to Edmund Andross as Governor, and includ-
ed within his jurisdiction the whole of the country from "the
west side of Connecticut River to the east side of Delaware Bay,"
and thus the territory which had formerly been granted by the
Duke to Berkely and Carteret was now subjected to a rule of his
own appointment.14
But whatever were the wishes or intentions of the Duke, a re-
newal of his grant to- the proprietary of New Jersey was made.
It is possible that a sense of justice, or his regard to the persons
concerned, may have overcome, in part, his early reluctance, or if
these motives were not of sufficient force, the wishes and acts of
his brother the King, could hardly be disregarded.
On the 13th of June, 1674, the King had caused a letter to be
written in which he had recognized and confirmed the interest and
authority of Sir George Carteret (the remaining original Proprie-
tor) in the province of New Jersey. The King commanded all
persons to yield obedience to the laws and government which
were or which should be established by Sir George, " he being
seized of the province and of the jurisdiction thereof, and having
the sole power, under us, to settle and dispose of the said country
upon such terms and conditions as he shall think fit."15 This
letter was issued even before the grant from the King, to the Duke
of York had been made. Under these circumstances a second
conveyance of the province was hardly left to the Duke as a matter
of choice, and the conveyance was made without long delay. On the
29th of July, 1674, just one month after the reception of his own
patent, he executed a new conveyance to Sir George Carteret; it
"The mere latitude of the commission given to Andross might not be con-
sidered-as sufficient evidence that the Duke was desirous to establish and exer-
cise authority in New Jersey, but his subsequent conduct gives ample confirma-
tion upon the point.
" Grants and Concessions, p. 49.
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 severally, and included only a part of the territory of
New Jersey. As before related, Lord 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 Cartere.t, 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 $Iay; 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-rone degrees of latitude." Within these limits
-much more tha'n 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 conveyances 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 w.as conveyed
by the Duke as before, " in as full an ample a manner as it had
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 the reins of
authority which he had been compelled for a time, to relinquish.
At an early period a General Assembly of the province was
summoned, and the session began on the 5th of November, 1675.
Eight members of Council including the Governor, were present,
and" fourteen Representatives appeared from the towns. The
members of both bodies look the oath of allegiance to the King
'•Grants and Concessions, p. 55.
-'• •'':•• ••'•••'
RESTORATION OF ENGLISH AUTHORITY. - 163
and fidelity to the Lord Proprietor, except -that the oath was re-
fused" by -one of the Representatives from Shrewsbury. He "was.
dismissed.
Laws were enacted at "tikis session for the defence of ..the pro-
vince, ag-ainst "any enemies or dangers that may accrue," by pro-
viding for the establishment and arming of military bodies^ an<! the
erection of places of security in the sewj^Sa&owns'* Provision was
also made for the iristitutio'n of regular 'courts to go under the deno-
"minatiqn of Coiu»ty Courts. 17 Two of these courts -were to t>e 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 ta-xes throughout the
province", aft'd a *' Country Treasurer*' was appointed.18 A code
<Tf- capital laws was also adopted, very similar in its provisions, to
that which had been- passed in 1668. ....^^^iv A
. ^n act of amnesty .concluded the proceedings of the session.
By this- last mentione'd act it was prescribed, that .all inhabitants
and members of the province should be freely pardoned of all
offences, whether capital or other, committed between the year
1670 and the 1st of J*une 1673, ajid 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 ^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.
17 Previous to this time there had been no other courts than those established
by particular corporations.
18 Samuel Moore, of Woodbridge, was appointed to this office, who was to
have nine pence per pound for his care and pains.
--•;;- .... - "K -: ,- --v>-
-*££•$ >-S*V •.$£*>•>:;#
.-£*..:. v ..CHAPTER.?/:- T ^
;'?£v*v-*0i.^'fe ^£ ':./:;• .-:••'
PURCHASE BY FENWICK AND BYLUNGE. PARTITION -BETWEEN FEN-
WICK AND BYLLINGE. SETTLEMENT OF^FENWIClt.'— QUINTIPAR-
Tl^^Sl^WK.-r^HiiyiSlO^t' GQVEn^MTSKT^—^giOPRl^TAKY GOc
VERNSUENT..; -.'.
I' - "V ..'^ "1-iV^:-".- ^>'--v • 'v^jr ^ f* ^v*" •• s * '.* *?v '>
IT has 'been;^lated..|h4t-jpfl the i%th of March, '1673, Lord
• * * Berkely, one of Ine.ptiginal proprietors of New: Jersey, disrxjsfcllj* ,
of'lfe^- whole of his right and interest in the pr»viQce. The pifr-
cnas^vas made by Jdhn Fenwick and Edward Byllirtge.1 These
•• ._• persons were member-s^pf the.JSbciety of 'Quakers or Frien^4 a
"- ".. -religious *peOple' who had. e^p^^encejd mich opposition a^id'^f-" '
secution, and there is reason to believe that .% principal object "prof '
posed by Fenwick' arid Byllinge in. making tkeir purchase, was to
secure a place of retreat. for .themselves-and their religious asso-
ciates/ The Society of Frie«ds 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 affe\rs 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 Kings 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
They gave the sum of one thousand pounds.
* *;- ^V > ,-"/ jftr. *
PURCHASE BY FENWICK AND BYLLINGB^ 165^. *>.-']
5"- wnich he stood to the m^ker and preserver of all. -The Quakers or
Friends became somewhat distinguishe'd for the bjoldness.w'klf which
they pursued their inquiries, and TOT 'the position thePy a*ssoirhed in
religious concerns. -They went further than others i» 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" that8 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 visitetJ inconsequence* •'•*.'
• ' with most rigorous persecution. A Royal proclamation wife issued •'**
•\ including them with persons known to be disturbers, and forbids
ding them to... meet undSr the "pretence *of religious worship,
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 take the oaths of allegiance
were subject, and were subjected, to the penalties set forth, and this
too, though it was constantly asserted by the sufferers, 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
that this right should only be enjoyed within its own particular
.166 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 a"s offenders. The Quakers were summoned to the ~
ecclesiastical- colirts, and prbsecuted and -condemned upon various
preteftcjeg ; many were bufied in prisons, and suffered 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-
pdrt of their testimonies. they shrank not from suffering, and a few
it may^be,*wlth*.'questionabre zeal, were even disposed to invite it.
', ^But.'thir-sebeYer views of the body led to the belief, that suffering in
itself, was not to be esteemed as a merit, «.nd" 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. New
Jersey had been in the 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
r,£turn, but a pecuniary return from the labor of others, was nol
the object which the friends proposed, but rathej^ security and
peace for themselves. Hence the offer 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. §ome difficulty was afterwards ex-
perienced in determining the respective interests of these parties
in the "property they had purchased. The particular nature or
cause of the embarrassment, is rather surmised than known, but
it was necessary to effect a settlement. 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 remainder of the territory was adjudged to be
the property of Byllinge.
No long time had elapsed before a new difficulty arose. Byl-
linge was a merchant, and was overtaken by a change of fortune,
in consequence of which he was obliged to make a conveyance
of his rights and interests in the province, for the use and benefit
SETTLEMENT OF FENWICK. 167
of others. The property in the province, having been acquired,
at least in part, with a view to the advantage it might afford 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 the 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 th'is was also the
design of Fenwick himself. But before his departure from
England he procured a sum of money from two individuals, John
Eldridge 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 najtives, and purchased from
them an extensive portion of country.? He proceeded to divide
2 He purchased all the lands included in the present counties of Salem and
Cumberland. See Johnson's Salem fyr particulars in relation to these- purchases.-
<**
168 SETTLEMENT OF FENWICK.
the lands and make grants 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 which
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,
Andrass had published a proclamation promising that all former
grants, privileges or concessions heretofore granted, and all estates
legafiy 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 Oantwell to take command at New
Castle, and to superintend the collection of the customs at Hoarkill.
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, 1675.3 At a subsequent
period (November 8th, 1676,) a communication was transmitted
from Andross, to the Commander at, New Castle 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 closed his house against the officers, and declared that he
did not know that the Goyernor of New York had any concern
with him, and that he was resolved not to leave his house unless •
5 New Castle Records, cited by Johnson."
SETTLEMENT OF FENWICK.
he should be carried away by force. But force was soon resorted
to; on the 8th of December, 1676, a special meeting of the Com-
mander and Justices was held at New Castle to take order for
"the apprehending of Major Fenwick,"4 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
purpose. The order was executed; Fenwick was taken to New
Castle and afterwards sent to New York.5 Upon his arrival at
that place, he produced to Governor Andross the King's letters
patent, the Duke's gfant to Lord 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 River, 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. This was the
business of the original proprietors, such a settlement being
implied in their agreement with purchasers. It was supposed
4 Fenwick had formerly been a military officer.
' A circumstantial account of these proceedings is to be found among the
New Castle Records. But every thing of importance is given by Johnson in
the proceedings of the Historical Society of New Jersey, vol. 11.
22
170 aUIXTIPARTITE 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, they
already having the control of nine, in ten parts. For this purpose
Eldridge 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 Pcnn, Lawrie, 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 beeri known to him, or to the Duke,
at that time. Whether so or not, a desire was expressed by the
Duke that the question of boundary should be opened anew, and
an opportunity be given for the concurrence of the several parties
that were now concerned, a course to which Carteret acceded.6
In pursuance of this design, a new boundary was agreed to, and
the agreement was ratified and confirmed by an instrument which
was called "An Indenture Quintipartite," taking its name from
the number of persons engaged therein. These individuals were
Sir George Carteret of the one part, and William 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, 1676, the line of division
was 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 together under a Royal
government.
After the division above mentioned had been effected, Byl-
linge and his trustees reconveyed the share that had belonged to
Fenwick, giving it to Eldridge and Warner in fee, and they were
6 Whitehead, p. 67,
PROVISIONAL GOVERNMENT. 171
thus admitted into the number of proprietors.7 The proceedings
of his lessees were complained of by Fenwick, and he afterwards
directly accused them, as well as Penn and his associates, of
having concerted a plan to deprive him of his property and rights.8
This charge can hardly be sustained, yet it must be confessed that
the appearances were such as to expose the parties to unfavorable
imputations. Eldridge and Warner -undoubtedly obtained an ad-
vantage which however, they may never have designed to use,
and may not have used, to the injury of Fenwick.9
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 East 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.10 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.11 They were to get a meeting with him
and his people, show the 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 be divided according to the original agreement between
' Mickle's Reminesc.ences, p. 30.
8 See Fenwick's Remonstrance and Declaration in Johnson's Salem, p. 38.
9 The acts of Eldridge and Warner are hardly accounted for by the ostensi-
ble reason; the re-conveyance to them, in fee, completely cut off the reversiona-
ry claim of Fenwick; but on the other hand the proceedings of Fenwick in
entering the territory and selling lands as his own, after his conveyance, is not
easily explained. The intentions of all these parties were probably just, but.
their business transactions became strangely confused. There must have been
an equitable intent in their agreemen tthat is not apparent in its general aspect
10 Smith's New Jersey, p. 83.
11 At this time Fenwick was still in the province, the order of Governor An-
dross for his arrest, not being given for some months afterwards.
172 PROPRIETARY GOVERNMENT.
Fenwick and Byllinge. But if the proffer 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.
The Commissioners were authorized to purchase and take up
lands, ninety parts for the use of William Penn, Gawen Lawrie,
and Nicholas Lucas, and ten parts for John Eldridge and Edmund
Warner.12
The efforts 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 government. The declaration which the Commissioners were
authorized to make was therefore published in the province, and an
attempt 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.1 But 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 larfd, 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 tof the holders in regard to its use. The exercise of
government indeed, had been a principal aim, but they had
desired it, as means of security, and not of injustice; it had
been sought for the purpose of shielding themselves and others,
from oppression and wrong. It was not to be used as an
instrument for their own elevation, but, as they declared, 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
12 This was the proportion originally agreed upon between Fenwick and
Byllinge. Nine parts to the latter, and one to the former.
13 Johnson's Salem, p. 39.
PROPRIETARY GOVERNMENT. 173
was devised by Penn and his immediate co-adjutors, but it was
afterwards submitted to others as they became concerned in the
province, and received their approval and sanction. It was first
promulgated on the 3d of March, 1676. It was 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
should be deprived or condemned of life, limb, liberty, or estate,
or hurt in his privileges, freedoms, or franchises, without due trial
and judgment passed by twelve good and lawful men of his
neighbourhood.
That no person should be arrested or imprisoned (except in
criminal and treasonable cases,) until personal summons setting
forth the cause, should have been given, and sufficient time allowed
174 PROPRIETARY GOVERNMENT.
to make answer, and after trial, if any person condemned to im-
prisonment should solemnly declare and aver that he hath not
any further goods or estate^ and should bring three other persons
"of honest reputation," who should declare in open court, that
they believed the person condemned to have nothing wherewith
to pay, he should be discharged from imprisonment.
That in all public courts of justice for the trial of causes, civil
and criminal, all the inhabitants of the province might freely come
into, and attend courts, and hear and be present, "that justice may
not be done in a corner, nor in any covert manner, being intended
and resolved, by the help of the Lord, and by. these concessions
and fundamentalsr that all and every person and persons inhabit-
ing this province, shall, as far as in us lies, be free from oppres-
sion and slavery."
The principles set forth in these declarations and provisions,
were of the utmost importance ; and their promulgation as funda-
mental conditions manifested a high and just sense of the value
of civil and religious liberty, and true wisdom in securing it to
every individual.
The executive authority of the government as established by
the concessions, was to be lodged in the hands of Commissioners.
These were to be appointed at first by the proprietors or a major
part of them. They were to have power for the time, to purchase
and direct the division of all lands heretofore purchased, or that
should be hereafter purchased, according to the terms, and in the
manner prescribed. The territories were to be divided into one
hundred parts, or proprieties, and these subdivided into tenths,
each one containing ten proprieties.
But upon further settlement of the province the Commissioners
were to be chosen by the resident proprietors, freeholders, and
inhabitants; they were to assemble on the 25th of March, 1680,
and upon the same day of each year afterwards, at some public
place, and elect by ballot, ten " honest and able men fit for govern-
ment," who were to officiate as Commissioners for the year
ensuing, and until others should be elected and appointed. The
Commissioners so chosen were empowered to govern and order
the affairs of the province according to the concessions, until a
General Assembly should be chosen ; after that time, the choice
PROPRIETARY GOVERNMENT. 175
and appointment of Commissioners devolved upon the General
Assembly, but the number should continue the same.
The Commissioners were to superintend the execution of the
laws, to see that the officers of the several courts established by
law, performed their respective duties, and in case of delinquency,
or an abuse of power, they might displace or punish the offender,
as the nature of the offence might require. They might suspend
the execution of any sentence passed by the courts, until the next
meeting of the General Assembly.14 They were to see that all
lands that had been surveyed, and held and possessed for seven
years, should not be subject to any re-survey, or alterations of
bounds. They were to do all other things that might conduce to the
safety, peace and well government of the province. But they were
not to impose or suffer to be imposed, any tax, custom, subsidy,
tollage, or assessment, upon any colour or pretence, other than such
as should be imposed by the authority and consent of the General
Assembly.
The legislative authority of the province was extremely simple
in its constitution. So soon as the contemplated divisions in the
province should be made, the proprietors, freeholders and inhabi-
tants in each, were to meet on the 1st day of October in each and
every year, and choose one proprietor or freeholder for each re-
spective propriety in the province, the whole number of proprie-
ties being one hundred, which body of deputies consisting of one
hundred persons so chosen, should constitute the supreme Assem-
bly, for one year. They were to meet in one house, were em-
powered to appoint their own times of meetings and adjournments
from time to time, within the year, as they might think fit. They
might determine the number of their own quorum, so that it be
not less than one-half of the whole number. The votes of two-
thirds of the members, either of the quorum or of the same pro-
portion, if a larger number than a quorum were present, were to
determine in all eases coming before the body.
The Assembly had power to enact all laws necessary to the
well government of the province, provided that such enactments
1 To power of final power was lodged in the General Assembly.
176 PROPRIETARY GOVERNMENT.
should be, as near as might be, agreeable to the laws and customs
of England. To order and prescribe as to the establishment of
the several proprietary divisions, and to .give names to each. To
lay equal taxes and assessments, and to raise monies upon all
lands or persons within the province for the support of govern-
ment, apportioning the amount among the several divisions, in
such a manner as should seem equal and just. It was also the
province of the Assembly to constitute all courts, to prescribe the
powers and jurisdictions of the same, as also the several officers
belonging to each court, and their term of office, (which term how-
ever should not exceed one year, or two at the most,) with the
salaries, fees and perquisites attached to each. But it was pre-
scribed that in the courts, all civil and criminal causes should be
decided by the verdict of twelve men of the neighbourhood, and
that in every court, there should be three Justices or Commis-
sioners Avho should sit with the twelve men of the neighbourhood,
to assist them in point of law, but that the Justices should pro-
nounce such judgement as they should receive from the said twelve
men, in whom only it was said "the judgement resides." No
person should be compelled to fee any attorney or counsellor to
plead his cause, but every one should be at liberty to plead his
own cause, if he should choose.
Chief Justices, embassadors, and all commissioners of the
public seals and treasury, were to be chosen by the Assembly,
but justices and constables, by the people.
But the Legislature was liable to several restrictions ; beside the
restraints that were contained in the fundamental conditions, there
were others, to be applied to the several members. The electors
were to give to their respective deputies or trustees, their instructions
at large setting forth their grievances or wishes, and the deputies
were to enter into a covenant under hand and seal, to engage to do
nothing but what should tend to the service and behoof of the peo-
ple, and in case of a breach of the covenant, the members might be
questioned in that or the next Assembly, by any of the electors.
The compensation of the deputies was not to be determined by
themselves when met in Assembly, but was prescribed in advance.
Each one was to be allowed one shilling per day during the time
of sitting, that thereby, it was said " he might be known as a ser-
PROPRIETARY GOVERNMENT. 177
vant of the people;" and this allowance of one shilling per day
was to be paid to each member by the proprietary division that
had elected him.
Besides these general provisions, there were others, directing
the course of proceeding in particular cases. One of these applied
to the manner of freeing the lands from the Indian claims. When
any land was to be taken up, before it should be surveyed, the
Commissioners, or a major part of them were to appoint persons
to visit the natives, acquaint them with the design and agree upon
some compensation, and this agreement was to be taken in writing
under their hands or seals, or in some other public manner. But
no person should take up lands but by order from the Commis-
sioners. It was also provided that in case any injury should be
done to the natives in their persons or property, the Commis-
sioners should take care that justice should be done, and plenary
satisfaction be given, according to the nature of the case ; and in
all trials wherein the natives were concerned, the trial should be
by six of the inhabitants and the same number of natives. Very
full regulations were made in relation to registering deeds and
other conveyances.
The purchasers of land were to pay one penny and a half an
acre, to the Proprietors for what should be laid out in towns, and
one penny the acre for what should be laid out elsewhere.
To these "concessions and agreements," one hundred and fifty-
one names were subscribed.
In many respects the system of government just noticed is en-
titled to special attention. It was the first commencement of
Quaker legislation, and may be truly considered as exhibiting
something of the character and temper of the people from whom
it proceeded. The most searching and critical inquirer cannot
but confess, that with some defects, it yet possessed in its general
features much that all must approve and commend. It was marked
by the greatest liberality. The framers, as a proprietary body,
retained no authority for themselves. "We put the power in the
people," they said, and such was truly the case. No authority
was to exist except such as was established by popular action
and even this authority was to be cautiously given. No further
restraints were imposed or allowed than were necessary for the
23
178 PROPRIETARY GOVERNMENT.
maintainance of order, and it may be, that at some points the
boundary of government was so far extended, or lowered, as
almost to jeopardize its safety. But the situation of the framers at
the time rendered them more alive to the evils of oppression, than
to the dangers of. disorder. The great division of the executive
power has been made a ground of objection; it has been imagined
that a body composed of so large a number of members, and hold-
ing office for so short a period, would be incapable of harmonious
and vigorous action.15 In a general view, such an opinion may be
perfectly just. But it may yet be considered that in this particu-
lar case, the duties assigned to the executive body were not such
as were calculated to create disunion, or to call for much prompti-
tude or energy in action.
In the constitution of the legislative authority, the popular princi-
ple was carried to as great an extent as was possible under a
government of the representative form. Perhaps it was carried
to a greater extent than, under ordinary circumstances, would be
considered necessary, or even advisable, but the experience of the
projectors had impressed upon them the importance of making the
fullest provision against an excess or abuse of power.
The provisions in relation to the judicial department were pro-
bably most liable to question ; the term allowed for a continuance
in office was scarcely sufficient to admit of a perfect acquaintance
with the duties to be performed; with inexperienced judges, with
juries authorized to determine the law as well as the facts, and
without a permanent bar, the administration of justice could hardly
be steadily and firmly conducted.
But notwithstanding the imperfections which it certainly con-
tained, this instrument of government was in advance of any
existing at the time; and in fact, in many particulars, was equal to
any that has ever been framed. If somewhat lacking in vigor, it
gave the fullest security to freedom; it gave free room and scope
for individual effort and action, and the mind of man was com-
pletely enfranchised. The person of every citizen was made safe
and property was placed entirely beyond the reach of arbitrary
Gordon's New Jersey, p. 37.
PROPRIETARY GOVERNMENT. 179
The differences between the West Jersey government and that
existing at the same time in the eastern portion of the province,
were important and obvious. In the latter 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 different. 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
reflect 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.
PROCEEDINGS IN WEST NEW JERSEY.
IN accordance with the design of the concessions, Commission-
ers were appointed by the 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.1
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.2 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.3 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 willing
to pay respect to the Duke's commission.4 But it soon became ap-
parent that something more than "respect" was demanded. So
soon as the Commissioners had presented themselves and made
1 There were nine commissioners now appointed — Thomas Olive, Robert Stacy,
Benjamin Scott, Daniel Wills, John Kinsey, John Penford, Richard Guy, Jo-
seph Helmsley, and Thomas Foulke.
2 This was one of the ancient Swedish settlements on the Delaware, it was
near the site of the present town of Swedesborough.
1 At this time Fenwick was detained as a prisoner in New York.
* Smith's New 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 length the claims of the proprietors, showing that
a conveyance had been made to them by Lord Berkely, one of
the grantees of the Duke, and that this 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.5 These proceedings, together
with the measures that had been previously taken in reference to
Fen wick, 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 Andross. •
Smith's New Jersey, p. 93.
182 PROCEEDINGS IN WEST NEW JERSEY.
several portions of lands upon the Delaware, the whole reach-
ing from the Assunpink on the north, to Oldman's Creek on the
south,; at the latter boundary 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 officers, 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 individuals
who 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 this portion
was accordingly assigned to them by the Commissioners as the
first tenth. The agents of the London Company, Penford, Olive,
Wills and Scott, chose a portion of territory lower down the
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 settling 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 particulars in relation to the several purchases from the natives at
this time, see Smith's New Jersey, p. 95, and Mickle's Reminiscences, p. 33.
PROCEEDINGS IN WEST NEW JERSEY. 183
soon increased by the coming of several companies from England.7
The general ordering of all affairs in the province was in the
hands of the Commissioners ; they were authorized to lay out the
lands included in the different tenths, into. ten proprieties and to
allot them to particular purchasers.
They were to appoint a Surveyor (in case no such appointment
had been made by the Proprietors,) and in like manner a Register
or Recorder, and were 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, were to be governed in all
affairs by the laws of the concessions. No authority was en-
trusted to any which could in any wise conflict with the powers
that were to be exercised by the General Assembly of the province.8
The powers and duties assigned to the several officers, were
simply of an administrative character. By the settlers in the first
and second tenths, the prescribed conditions appear to have 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."9 •
1 Smith's New Jersey, p. 102.
8 In East Jersey the privileges of the special charters had been insisted upon
in opposition to the authority of the General Assembly.
9 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, who
had settled themselves within 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.10 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's Salem, 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 still more urgent direction to the same effect 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, that 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.11 Thus another outrage was
committed within the limits of New Jersey, by direction of the
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 Hoarkill ; 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 opposerd 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
11 New Castle Records.
24
186 PROCEEDINGS IN WEST ftEW JERSEY. '
question involved in such a dffmand 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 demands of
justice, the Duke was induced to appoint Commissioners to hear
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.12
The case was one that admitted of some scope of argumentation,
as it properly included the extent of the royal prerogative, as well
as the particular exercise of power which was the subject of
present complaint.
The general power of regulating duties and imposts had never
been granted to the English King, on the contrary it had been
expressly and repeatedly denied. By one of the ancient statutes
of the realm it was prescribed, that no tax or impost should be
levied without the consent of the Lords and Commons. And in
a later statute it was declared, that the King promises to take no
customs from merchants without the assent of the realm, saving
the customs on wool, skins, and leather, formerly granted. The
continued attempts of Charles the First to take the property of his
people without the authority and assent of Parliament, had been
one of the principal causes that led to the loss of his throne. It had
become a settled principle of English law that the King had no right
of himself, within his hereditary domains, to impose any tax or cus-
tom whatever. Hence there is no other point to be considered in
connexion with the present case than whether this limitation upon
the King's prerogative extended into colonies, as well as through the
ancient portion of the British realm. Lord Holt declared that the
11 The argument of the Proprietors was addressed "to those of the Duke's
Commissioners whom he has ordered to hear and make report to him concern-
ing the customs demanded in West New Jersey, in America, by his Governor
of New York."
'•' "-' " ' ''"' t '••
PROCEEDINGS IN WEST NE.W. JERSEY. 187
law of England did not extend t<) Virginia; '^er'few is what the.
King pleases.13 But this doctrine has not been sustained, and is in
" direct opposition to the general spirit of the Ettglish 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 right to impose taxes or imposts in any part
of his dominions, neither could any other, in virtue of a grant
from him, come 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
right, not having lost any part of their liberty by leaving the
country, and furthermore, that in the King's grant to the Duke ef
York, the power of the latter was expressly restricted, it being
declared that the laws and ordinances he might establish, were not
to be contrary to the laws, s'tatutes, 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. 666. Particular statutes were not supposed to extend to the colo-
nies, unless they were named, but general rights were common to both countries.
188 PROCEEDINGS 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 sold 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 that 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
the goods they carried. This they declared was a great grievance,
for which they asked 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 officers, 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 other 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, though by all governments custom is laid upon trade,
this upon planting, is unprecedented. Had they brought commo-
dities to the province to sell, made a profit out of them, and re-
PROCEEDINGS IN WEST NEW JERSEY. 189
turned to the advantage of the trader, there might be some color
or pretence for the exaction, but to require and force customs
from persons coming to their property, " their own terra firma,
their habitations, in short, for coming home," was without a par-
rallel. And furthermore, there could be no end to this, for since
they were by this precedent assessed without any law, and there-
by excluded from their 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 will, 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 we.re 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?"1*
".This part of the argument of the remonstrants, involves a point of English
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 alter 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 conquered islandj-the King had a right to levy taxes upon the in-
habitants, but if it was to be considered in the same light aS other colonies,
no tax could be imposed on the inhabitants but by an Assembly of the inland,
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 afterwards be
precluded from the exercise of his peculiar prerogative. To apply these
principles to the case under notice. If it be conceded that after the second
subjugation of the Dutch, the country was to be considered merely as con-
quered territory (a point however not determined) it would folio* , according
to principle just stated, that the King had a right to impose laws at his own
pleasure, and even upon natives of England who might reside there. The King
190 PROCEEDINGS IN 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 broughtwto view. If the Duke
should insist upon the demand that had been made, it might be
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 ?8th, 1680. It set forth
"that, having heard what hath been insisted on for his Royal
Highness, to make good the legality of the demand of five per
cent, from the inhabitants of New Jersey, lam not satisfied (by
anything 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 High-
then, under these circumstances, might have imposed the tax in question. But
subsequent to the conquest from the .Dutch he had made a grant containing
certain conditions. . He had conveyed the country to the Duke of York, with
powers of government, but the condition was annexed that the regulations and
ordinances to be made, should not be contrary to, but as near as conveniently
might be, agreeable to the laws, statutes, and government of the realm of
England, By this conveyance the general laws of the kingdom were brought
into force in the country in question, and of consequence the people were en-
titled to the same immunities as other subjecis of England.
PROCEEDINGS. IN -WEST I4BW JERSEY. 191
ness to the Lord Berkely and Sir George Carteret, in which grant
there Is no reservation of any profit, or so much as jurisdiction."
It.required a strong, just, and courag'eous mind to pronounce a
judgement so directly opposed to the views and claims of the prin-
cipal persons of the British court, but the decision was sustained,
and was assented to by the Duke himself, and shortly afterwards he
entirely relinquished his claim. On the 6th of August, 1680, his
Royal Highness gave a' direction to Sir John Werden,his Secretary,
to bring in a deed of confirmation or release, in order the more for-
mally to convey the province of West New Jersey to Byllinge
and the rest of the Proprietors. Accordingly, on the day above
mentioned, a deed was executed in which a conveyance was made
from his Royal Highness the Duke of York, to Edward Byllinge,
William Penn, Gawen Lawrie, Nicholas Lucas, John Eldridge,
and Edmund Warner. In this instrument the Duke transferred
to the persons above mentioned, all the territory of the province
of West New Jersey, " and all the estate, right, title, interest, rever-
sion, remainder, claim and demand whatever, as well in law as in
equity, of him the said James the Duke of York, of, into, and out
of the same, or any part or parcel of the same."
Yet this conveyance was made in such form as afforded a sort
of cover to the claim which the Duke had formerly made to a right
of jurisdiction. His pretension had been based upon the principle
that jurisdiction and ownership in the province were not only
separable, but had been actually separated, he retaining the former
in his own hands. This view or pretence was maintained even
in the execution of the present grant, for though both property and
jurisdiction were entirely resigned, they were not surrendered to
the same individuals. The deed gave the property to the persons
just named, but it assigned the powers of government to Edward
Byllinge alone. It was said that "his Royal Highness doth by
these presents, give, grant, assign, and transfer over unto the said
Edward Byllinge, all and every such the same powers, authorities,
jurisdictions, governments and other matters and things what-
ever, which by the said recited latters patent (from the King) or
either of them, are and were granted or intended to be granted, to
be exercised by his said Royal Highness, his heirs, assigns,
deputies, officers, or agents, in, upon or in relation unto the said
192 PROCEEDINGS IN WEST NEW JERSEY.
premises hereby confirmed, or intended to be confirmed, and every
of them, in case the same were now in the actual seizen of his
said Royal Highness; to be held, enjoyed, exercised and executed
by him, the said Edward By Hinge, his heirs and assigns, and
by his deputy officers, agents and commissioners, as fully and
amply to all intents, constructions, and purposes as his said
Royal Highness, or his heirs might, could, or ought to hold, enjoy,
use, or exercise the same.15
Whether this special conveyance to Byllinge was made in com-
pliance with the wishes of the Duke, in order that the grant which
he could no longer withhold, might be made to accord in some
measure with his former pretensions and acts, or whether Byllinge
himself had desired and secured it as a personal advantage, can^
not with any certainty now be determined. But Byllinge was put
thereby in a strange position, in regard to the other proprietors, and
the people of the province. He had been a party to the conces-
sions in which he, with others, had granted to the people at large
the right of choosing their officers, both legislative and executive,
yet now, in so far as the new grant was operative, he alone be-
come possessed of the powers of government. It was in effect
a recal of his previous agreement or grant. This difficulty or
inconsistency indeed, he might have wholly removed by confirm-
ing the concessions anew. But this was not done, and in conse-
quence, the government of West New Jersey assumed from this
period a different form, though, as will be seen, the spirit of the
concessions was essentially preserved.
Before proceeding further, it may be proper to recur to East
New Jersey, and trace the progress of events in that province.
"Grants and Concessions, p. 418.
CHAPTER XII.
GOVERNMENT IN EAST NEW JERSEY RELEASE OF THE DUKE OF
YORK GOVERNMENT AFTER THE RELEASE SALE OF THE PRO-
VINCE GOVERNMENT UNDER THE NEW PROPRIETORS.
IT has already been stated that on the 1st of July, 1676, the
province of New Jersey was divided into two portions, to be
called respectively, East and West New Jersey.
At that time, as before noticed, Governor Carteret had returned
and had entered upon the discharge of his duties, and a General
Assembly having been convened, a number of enactments had
been made suited to the conditions of affairs at the time.
Early in 1676, the General Assembly again met, and several
acts, but most of them having a relation to individual interests,
were passed. One enactment was designed to secure the atten-
dance of those who had been elected as Deputies, it being set forth
" that the country is damnified that the Deputies have not attended
the writs whereby they were summoned to appear, at the time and
place appointed." It was therefore provided that whosoever
should not appear, should pay as a fine, ten shillings for each day
of his absence ; and to facilitate the attendance of the Deputies, it
was directed, that they should have power to press "any vessel,
horses or men" in aid of their passage. An enactment was made
providing for the Governor's salary, directing that an assessment
should be made of two shillings per head for every male within
the province from fourteen years old and upwards. At an ad-
journed session which was held at Woodbridge, the compensation
for the members of Assembly was determined ; during the time of
their assembling together, sitting, and returning home, the Gover-
nor was to receive four shillings a day, each member of the
Council three shillings, and the Representatives also three shill-
ings each.
25
194 GOVERNMENT IN EAST NEW JERSEY.
Government in East Jersey seemed now to be established, the
heats and discontents that had formerly prevailed, if not entirely
removed were not openly manifested. But at an early period a
difficulty arose from another quarter.
The arrival of Edmund Andross as Governor under the Duke
of York, together with the nature and extent of his commission,
have already been noticed. The interference of Andross in East
Jersey was carried even further than in the western portion of the
province, and was attended with circumstances of no less aggrava-
tion.
Early attempts were made for the collection of those customs
which his Royal Highness had thought proper to establish
throughout his territory, and William Dyre, the collector of the
Duke's revenues in New York, was appointed to collect the cus-
toms in New Jersey. These attempts were made in the directest
manner. In West Jersey the collection had been actually made
within the limits of territory that was clearly and exclusively
within the jurisdiction of Andross, but a further advance was
made in the other part "of the province.1 The province was en-
tered upon and the regulations that were established by its proper
authorities, were opposed or disregarded.
Governor Carteret being desirous to awaken a spirit of com-
mercial enterprise, had adopted measures for opening a port with-
in his province, and some vessels had been entered and cleared
at Elizabethtown. But this proceeding Avas opposed by Andross;
he -insisted that it was in direct opposition to the powers that had
been given to him, and to the rights and interests of the Duke of
York, and his superior authority enabled him to carry out his
designs, and to frustrate the efforts that were made in the neigh-
boring province. In these pretensions and measures Andross
was fully supported by the Duke, his master. Express authority
was given by the latter, approving and confirming the acts of his
subordinate. The Duke was desirous to avoid a direct collision
with Sir George Carteret, the proprietor of the province, (whom
1 On the Delaware the collections had been made at Hoar-Kill, or at New
Castle, though all vessels entering the river were compelled to submit to the
demand.
GOVERNMENT IN EAST NEW JERSEY. 195
Ot/
f> ' :•:•' '• ••.
Q h^J^d in especial favor) but still was in no wise disposed to re-
linquish his claims.2 - „
7y The^growing hostility between Carteret and Andross was al-
mye(rfor\iYtirne, by the departure of the latte^for England-.- '*'• ft ...
befwfejie embarked from New Y&rk "he went to
leave of CJovenior Cnrleret. in llie Jerseys." a visit which it
be suppose! w^entirely prompted by a feeling of
amity; a desire to inform himself of the state of affairs in the pro-
ving by .personal remark, was probably considered an object of
more importance by him, than an observance of the forms of
Cfcourtesy.3
Instructions were given to Andross, in England, by which the
period for the demand of customs was limited ; it was only to
continue -for three years more. But as the exaction had never
been submitted to, even in New York, but with the greatest reluc-
tance, the present concession gave little satisfaction, and the con-
tinuance of the demand in New Jersey, was productive of much
irritation.
In 1679, Governor Carteret issued a proclamation declaring
Amboy to be a free port to all vessels trading to East Jersey, and
in consequence of this permission, a trader from Barbadoes en-
3 In a despatch from Sir John Werdcn, the Duke's Secretary, to Governor
Andross, dated August 31st, 1676, the following appears: — "I add thus much
further in relation to Sir George Carteret's colony of New Jersey, it is that I
have acquainted his Royal Highness with what Mr. Dyre wrote to me about
his little bickerings with Captain Carteret for not letting a present pass, &c.
And though small matters are hardly worth notice, especially where Sir George
Carteret himself is concerned, (for whom the Duke hath much esteem and re-
gard,) I do not find that the Duke is at all inclined to let go any part of his
prerogative which you and your predecessors have all along constantly asserted
on his behalf; and so, though at present in regard to Sir George Carteret we
soften things all we may, not to disturb his choler (for in truth the passion of
his inferior officers so far affects him as to put him on demands which he hath
no color or right to,) I verily believe that should his foot chance to slip, those
who succeed him must be content with less civility than we choose to show
him on this point, since that we should exercise that just authority, his Royal
Highness hath without such reserves, as though but intended as favors now
may if confirmed, redound too much to the prejudice of your colony."
1 Whitehead's New Jersey, p. 70.
196 GOVERNMENT IN EAST NEW JERSEY.
tered his vessel soon afterwards, at that place. But information
of the fact being given to Andross, he despatched his messengers
with orders to take possession of the vessel and bring her to New
York, which being done, he compelled the master to pay duties
at that place. Not long subsequent to this proceeding, and pro-
bably in consequence thereof, the Assembly of East Jersey en-
acted a law that the sum of one hundred and fifty pounds should
be raised for the encouragement of any vessel to come into the
province to trade and traffic, and that if any vessel should come,
and after entering and clearing in a proper manner, should be
arrested and detained by the Government of New York, for the
cause of trading in New Jersey, that the above mentioned sum
should be used for the reparation of the loss and injury sustained
by such arrest and detention.4 This measure, though it might
tend to the encouragement of trade, was little calculated to secure
the province from the injurious demands and acts of the neighbor-
ing government, and on this account, as may be supposed, the
law itself was soon afterwards repealed. But in fact, the demands
of Governor Andross had now become such, that nothing could
be expected from any expedients of a temporary kind; the very
existence of the government was threatened.
In March, 1679, Andross directed a communication to Gover-
nor Carteret declaring that the acts of the latter being performed
without legal authority, tended to the disturbance of his Majesty's
subjects, and that he was therefore required to cease from the
exercise of any authority, until his powers should be properly
acknowledged at New York.5 Such a communication rendered
it necessary that some vigorous measures should at once be taken.
Governor Carteret called a meeting of his Council, and also "of the
most eminent part of the country," and after full consultation, re-
plied to the demand that had been made. He asserted that his
authority in the province was not founded upon any presumption
or pretence, but upon a grant from his Royal Highness, and the
commands of his Majesty, as well as long and peaceable posses-
sion, and that he, and his Council and the people felt bound to
the government of Sir George Carteret, and were resolved to
* Gr-iuU an.l Concessions, p. 131. ; Grants and Concessions, p. 673.
GOVERNMENT IN EAST NEW JERSEY. 197
maintain it, and that if force should be resorted to, they would defend
themselves and their families to the best of their 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.6 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 affairs 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.7 Andross entered at once upon the business in
hand; he produced and displayed the letters patent from the King,
the grant to the Duke of York, and the commission of the latter
to himself. A similar display of authority was made by Carteret.
6 Grants and Concessions, p. 675. ' Grants and Concessions, p. 677.
198 GOVERNMENT IN EAST NEW JERSEY.
Nothing could be gained by an exhibition of claims that were
already perfectly 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 30th 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 aggravation. 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, within 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 was withdrawn and 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 commissioned 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 the King. He also submitted documentary evidence
to substantiate his declarations. The defence was considered suf-
ficient, and a verdict of acquittal was rendered. But, although An-
dross had caused a court to be convened and a jury empanneled,
he was resolved that his own decision should-be given. He refused
to receive the verdict, and ordered the jury again to retire ; once
and again was this repeated, .the jury remaining 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
opinion and gave judgement, that if Carteret should go 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 punishment, 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 that 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 Royal 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, privilege, and safety of every free born English-
man. They said that what they had formerly done had been in
obedience to the authority then 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.8
s By "a confirmation of former judicial proceedings," Andross seems to have
had particularly 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, where 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.9 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, 1680, 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 up, for' that his Royal Highness the
Duke of York, upon being informed of the acts of his deputy, had
denied that he ever had authority from him to perform such acts,10
on the contrary, that his Royal Highness would not derogate in the
least from what he had formerly granted to Sir George Carteret.
Lady Elizabeth 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 that the proprietors and people of West New
Jersey had made a successful defence against the claims of the
9 Grants and Concessions, p. 683.
10 Such a declaration from the Duke was in direct contradiction to others he
had made, but his course in relation to New Jersey was full of inconsistencies.
RELEASE BY THE DUKE OF YORK. 201
Duke in that province, and that a deed was executed by which
all the rights and powers of his Royal 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 province, and hence a gsant of one" was necessarily followed
by a similar release of the other. "Accordingly on the 6th of
September, 1 680, the Duke gave an order to Sir John Churchill,
his Attorney General, and Sir George Jeffrys, his Solicitor Gene-
*> ral,^ directing them to prepare an instrument similar to that which
bad-been executed to Edward Byllinge and others, in order that
he might release and confirm the moiety of New Jersey, called
Eas*t New Jersey, unto Sir Qeorge Carteret, the heir of Sir George
Carteret (lately deceased.)11 The fact that this release had been
' made, w*as, communicated tQ-<Governor Andross by Sir John Wer-
deri, the Duke's Secretary-, in a letter bearing date the 6th of
November, 1680.*
Governor Andross himself was now placed in a situation of
difficulty. His proceedings in New -Jersey had been disavowed
by the Duke, and his' 'course, not only in this province, but also in
New York, had bee.n such as to occasion much dissatisfaction.
Some distrust too, seems to have been excited in the mind of the
Duke as to the faithfulness 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 province, 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 fotmer 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
Brockholst, the President of the Council, and this officer seems
to have partaken in a large degree of the spirit of his principal.
To him Governor Carteret, who had now resumed his place and
" Whitehead, note, p. 192.
26
202 RELEASE BY THE DUKE OF YOKK.
authority, directed some of the 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 which he acknowledged the receipt
of the papers. But he observed at>the time, that he did not find
in them any thing to authorize the assumption of authority in
New Jersey, and he required that Carteret should desist from
acting in any public capacity until he should show 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 wa^ under no more obligation to
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, th£t 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 different 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 which he might exercise authority within the limits of
the province. But the question of. right in the case, is contained
in so narrow a compass, and is so plain and open to view, that it
seems scarcely possible that any individual of common capacity
in judging, 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 basis, would carry with
it the 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
conveyed 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. The 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 ihe 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 * GOVERNMENT AFTER THE DUKfi's RELEASE.
all estates legally possessed by any under his Royal Highness,
before the late 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 Duke. 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 Andrbss. 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. The 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 to the people!
In October, 1681, the Assembly convened at Elizabeth town,
and an exciting discussion immediately arose between the Gover-
nor and Council, and the Representatives of the people. The
latter denied that the proprietors had any right to change the conr
cessions, and that the change was contrary to express stipulations
and giants, whilst the Governor and Council insisted, that the
alterations had become necessary, and were warranted by the cir-
cumstances existing at the time. It is certain that the conduct
and course of the people had not been consistent with the terms
of the concessions ; in fact, the government established by the
proprietors had been almost entirely subverted, and under these
circumstances the proprietors may have thought themselves ab-
solved from their original obligation. But it may yet be doubted
whether entirely new conditions could be made binding upon the
people, without their assent, and the only assent that had yet been
given was such as might be inferred from continued acquiescence
GOVERNMENT AFTER THIS DUKE's RELEASE. 205
and an active opposition to foreign aggression.12 The case was
one that presented a question in politics which seemed to be open
to discussion, and which was warmly discussed. The Represen-
tatives declared that the original 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 truth, a breach of the concessions, and had been 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 of, should
be specified, 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
allcdged 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
publication against the said "Declaration." They also denied
that any right of alteration was reserved by the proprietors. The
altercation was continued until it seemed vain to look for a final
agreement, and at length James Bollen, (the Secretary of the pro-
vince,) Captain Henry Greenland and Samuel Edsall, presented
themselves 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 Bollen, 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-
"The Representatives in the General Assembly had* after the change, taken
the oaths of allegiance to the King and fidelity to the Lord Proprietor, an act
that might possibly be construed as an acceptance of the modified government.
206 SALE OF THE PROVINCE.
bers, and objecting to the name or stile which they had assumed.
This was the first time that 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.13 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 off
from the province the disgrace and injury that might have been
apprehended, and that might have occurred, from such a procedure.
Purchasers appeared whose character and aims gave sufficient
security against an unworthy or improper use of property or
power.
The Quakers of West New Jersey had been prosperous in
their attempt. They -had acquired a territory of ample extent .
and had established a liberal government; they had also vindi-
cated their rights even against the pretensions of the heir to the
throne, and had placed their civil and religious liberties upcm a
foundation that promised to stand. The^ success of their experi-
ment gave encouragement to others of the same profession to
venture upon a similar trial, and they resolved with this view, to
" Whitehoad, p. 81 and 193.
BALK OF THE PROVINCE. 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.14
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-
prietors was doubled.15 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 would
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.16
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 of4he object in view.17
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 twenty-four, by his
Royal Highness the Duke of York. This was done, as was said,
" for 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
14 They gave the sum of 3,400 pounds.
" The original proprietors were William Penn, Kobert West, Thomas Rud-
yard, Samuel Groome, Thomas Hart, Richard Mew, Ambrose Riggs, John
Hay wood, Hugh Hartshome, Clement Plumstead, 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, Arent Somnans, Gawen Lawrie, Edward Byllinge, James Braine,
William Gibson, Thomas Barker, Robert Turner, and Thomas Warne.
16 It had been objected that a province governed by Quakers must be left un-
provided of the means of military defence.
11 Some of the new proprietors were of Scotland and others of Ireland.
208 GOVERNMENT UNDER THE NEW PROPRIETARY.
aforesaid persons the Duke also granted " all and every such and
the same powers, authorities, jurisdictions, government, and all
other matters and things whatsoever, that ever were, or were in-
tended to be granted unto his .Royal Higlmess, his heirs and
assigns."18 In addition to this, on the 3d 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
his 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.19
The new body of Proprietors did not immediately devise or
"digest a system of laws, bu't they adopted measures for the main-
tenance of government within the'p'rovince. They proceeded at
once to appoint a Governor, and' their choice for this office fell
upon Robert Barclay, of Urie, fix Scotland. He was one of the
number of proprietors/and at this time had become much distin-
guished both in his own religious society^, and also in the world of
letters, ' 'An eatrly 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',^nd his good name as a "Friend,"
all pointed him out as the person best fitted for the principal situa-
18 It is not easy to cohceive*what " claims and demands" his Royal Highness
could have had upon the province, at this time. He had already maSe two con-
veyances including both property and jurisdiction. It has been presumed that the
grant resulted from an application to the Duke by one of the proprietors^ This
person represented (in a letter to Sir John Werden, the Duke'« Secretary) that
the proprietors of East New Jersey desired " to have our grant rather holden
by charter of his Royal Highness, than as it is at present by transmission from'
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 East
Jersey to New York, or whether they wished to remain distinct, only with the '
Duke's confirmation of their rights and possessions, as formerly held by Sir
George Carteret See Whitehead, p. 195.
"Grants and Concessions, p. 151.
GOVERNMENT UNDER THE NEW PROPRIETORS. 209
tion in the government. An additional 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."20 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 different 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 time, either from interest, or con-
30 Grahame. — This author, however, attempted to soften his assertion by at-
tributing the compliance of the Quakers less to want of integrity, than a lack
in penetration.
27
210 GOVERNMENT UNDER THE NEW PROPRIETORS
viction, were maintained by the Duke. These were the points
of union between the leaders of the Society of Friends, and the
court, and these were the only points.
The appointment of Robert Barclay as Governor, was made
with a condition, that he should 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 Groome were of the
number of proprietors.21 They 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 them, 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 were 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 the province.22
The "suitable instructions" given by the proprietors have not
been preserved, but their import may be gathered from the subse-
quent proceedings. The former concessions were to continue in
21 They had been appointed to their respective offices on the same day, Sep-
tember 16th, 1682, and arrived in the province November 13th, of the same
year. White/iead, p. 95.
33 The Council were Lewis Morris, John Berry, John Palmer, William Sand-
ford, Lawrence Andross and Benjamin Price.
GOVERNMENT UNDER THE NEW PROPRIETORS. 211
force, including the provisions in relation to government, and also
for the disposition of lands and the collection of rents.23
On the 1st of March, 1682, an Assembly of the province was
called, which convened at Elizabethtown, and two subsequent
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, Middlesex, and Monmouth. In each of the counties a
High Sheriff was to be commissioned.24 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.25 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
33 In a letter written some 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 differs from others a little. I'll
(God permitting) begin with him first of all about his rent, and either have
money or land. Smith's New Jersey, p. 174.
w 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 comes, the Count of the Franks; that is, the Earl or Aderman
(as the Saxons called him,) of the Shire, this office was usually exercised by
deputy, still called in Latin vice-comes- Blackstone.
™ 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 1681, to the prejudice of the public busi-
ness of the province, and they were declared incapable of holding any office or
trust in the province. Grants and Concessions, 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 or 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 cpurts should not entrench upon the
powers or privileges of any grant or charter then existing.26
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 punishment 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 the province. The amount
* Bergen, Middlelown, Shrewsbury, Woodbridge and Piscataway, each had
charters giving them special privileges.
GOVERNMENT UNDER THE NEW PROPRIETORS. 213
required, was apportioned to be raised within the counties by
taxation upon improved lands and stocks.27
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 which he believed would
be contrary to the interests of the proprietors. Rudyard 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.28
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
31 The 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.
29 It is probable that Rudyard 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
accommo(lati?ig them with lands, or others at their desire, to our general
prejudice." Grants and Concessions, p. 182.
214 GOVERNMENT UNDER THE NEW PROPRIETORS.
for the well governing 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.29 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 the 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 West
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 Governor 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 influences 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.30 He was to maintain a good and friendly corres-
pondence with the Governor and colony of New York, as well as
39 It is supposed that his former commission had not been for life — Grants
and Concessions, p. 166.
30 The acts of navigation had excited much dissatisfaction, and in some of
the colonies, open opposition. In 1679, Massachusetts declared that they were
an invasion of the rights and privileges of the subjects, yet as his Majesty had
given orders that they should be observed, a law of the province was made re-
quiring that they should be strictly enforced. The instructions of the Governor
of East Jersey are probably to be understood in a similar way, not as an ap-
proval of the act, but for the purpose of avoiding contention to provide for the
observance of these laws under the authority of the province.
GOVERNMENT UNDER THE NEW PROPRIETORS. 215
with the other neighboring colonies. He was to conduct himself
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 patents 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 Assembly, 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.31
Lawrie did not arrive in the province until the 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.32
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 unu-
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
31 The laws above mentioned were afterwards confirmed, excepting only a
few particulars. Grants and Concessions, p. 279 and 281.
33 Afterwards, in November, 1684, a change was made in the Council, Lewis
Morris, Richard Hartshorne, Major Berry, Major Sandford, Isaac Kinglands,
Thomas Codrington, Benjamin Price, Henry Lyons and Samuel Dennis were
appointed. Wiiitthead, p. 100.
216 GOVERNMENT UNDER THE NEW PROPRIETORS.
**
three years, and that if any one should, within 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.33
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 de novo, excepting the fundamental
articles or concessions which were not to be repealed, but to re-
main forever in force.
33 In this body, although the two branches were to meet in one house, 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 there, as
has been seen, the branches became distinct at the very commencement of their
proceedings, not merely in voting, but also in sitting, so as fully to constitute
two houses, and this separation was afterwards confirmed by the proprietors.
GOVERNMENT UNDER THE NEW PROPRIETORS. 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.34
The execu ive body appointed the public officers of the province,
as the Secretary, Register, Treasurer, and Surveyor General, as
also all Sheriffs, Judges and Justices of the Peace.
It was provided that no person within 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 by 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 public 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.35
" 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.
M But it was said that it was not intended that any under the notion of liberty
" shall allow themselves to avow atheism, irreligiousness, 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 that they should not force each other against their
respective judgements and consciences, and that no iv.an 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
other 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. The 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 in 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, that they had been met "for good and
weighty considerations, and as a further signification and expla-
nation of our intentions therein," to declare, that tins 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 inhabi-
tants and planters, upon compliance with certain conditions. The
grants and patents by which these persons claimed to hold land,
should first be viewed and examined by the Deputy Governor
and the major part of the proprietors who should be present at
the place appointed for such examination, and all legal titles should
swearing, drunkenness, profaneness, whoring, adultery, murdering, or any kind
of violences, or indulging themselves in stage plays, masks, 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.36
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.3?
36 Grants and Concessions, p. 179.
31 Beside the provisions relating to military affairs,(and these, though just, would
only be acceptable to a part of the settlers,) the principal 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 been seen, yet still, it was probably supposed
to be at least as advantageous as the one now offered.
220 GOVERNMENT 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 different systems or forms of government, either of which
might be 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 titles 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 ofland, would then have
been resisted by a portion of the settlers. The old leaven of opposi-
tion which had heretofore 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 planters
and inhabitants," in the name of Barclay, the Governor, and the
other proprietors.38 Its language was strong and explicit, " We
are not a little 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 title, could not be esteemed friends, either to the proprietors,
or to the true interest of their honest and well meaning neighbors
in the country, since that was the way to expose the whole to be
" Dated February 39th, 1683-4.
GOVERNMENT UNDER THE NEW PROPRIETORS. 221
a prey to others, as it formerly has 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 therein, may rest in full assur-
ance of being protected in their rights, and receive all due en-
couragement from the proprietors. We find, it was further said,
that you lay that stress upon your purchase from the Indians,
that it will never bear, for we would have 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 subject your all to
a just forfeiture."
Whether the Deputy Governor supposed that 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
this 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.39 But beside the advantages
39 Particular efforts were made to induce emigration from Scotland. For this
purpose Governor Barclay and the other proprietors in Scotland exerted their
influence, and the situation of affairs at the time disposed a number of persons
to accede to the proposals that were made. Governor Lawrie expressed his
•atisfaction at their arrival in the province. At a subsequent period a publica-
222
r ~j
• »'- ' .^- r '. -• t "* '
GOVERNMENT UNDER THE NEW PROPRIETORS.
which were expected from the introduction of a new population,
other expedients were resorted to. To obviate further difficulty
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 then to proceed according to them;
tion 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 Pitlochie. 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 effectual 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 teithei to comply with the government by going what length
is required by law in conforming, or to retreat where by law 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 River 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 UNDER THE NEW PROPRIETORS. 223
they were also to direct the improvement of the town of Perth,
and have the superintendence in other particulars. In conse-
quence of information received by the proprietors, fuller instruc-
tions were soon afterwards given to the commissioners just men-
tioned.40 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 be an affront 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 affairs connected with the proprietary titles
and claims. In regard to the 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.41 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.42
"By letter dated the 13th of November, 1684. — Grants and Concessions,
p. 202.
41 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 with Lawrie's administration, to the cause here mentioned. But there
were others, that were probably considered of more importance.
Whitehead, p. 108.
•>. -J* **i
224 GOVERNMENT UNDER THE NEW PROPRIETORS.
.
At this period, the external relations of the province again 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. He sought to fulfil his
instructions to keep a good and friendly correspondence with the
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
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-
sion, that though very desirable on other accounts, it might tend
to give rise to suspicion and jealousy. But the authorities of
New York were by no means so scrupulous. Dongan, who was
then the Governor of that province, was a true successor of An-
dross, as well in character as in place, except that he had duplicity
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
number,43 (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 them, and also
from a regard to the honor of the Duke, his master, from whom
their province had been received. They mentioned that they had
seen the Duke's Commissioners in London, concerning the pro-
posal which Dongan 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 they had waited upon the Duke himself,
" Perth, McKensie, and Drummond.
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 doing any thing to the disadvantage of the province ; on
the contrary, he had advised the settlers to what he considered the
best, both for the proprietors and themselves. He had written to
his Royal Highness and his Commisioners, as he was obliged' to
do, and had given his opinion as to what was for the interest of
his province and had represented to them the great inconveniences
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.44 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 though under /ormer 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 orders from
his Royal Highness.45
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, though not in the man-
ner .he might have preferred.
It has been seen that the proprietors of East Jersey had given
44 Chalmers, p. 661. Whitehead, p. 214.
46 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, may be allowed.
226 GOVERNMENT UNDER THE NEW PROPRIETORS.
directions to Governor Lawrie for the observance of the acts of
navigation, and that nothing should be done* in opposition thereto.
In obedience to this direction, an officer was admitted into the
province as Collector of the Customs. This officer was William
D-yre, the same person who had formerly been appointed to. a
similar service under the authority of the Duke of York.46 No.
obstruction was offered to his entering upon the business of his '
.office. But his authority .was exercised.in a manner-that inflicted
an additional injury upon the province, beside that which .resulted
fr<Jm..the nature of the laws under which he was acting. Orders
were given that vessels belonging ta. Ea'st Jersey should be en-
tered at New York, and that the duties on their cargoes should be .
p^aid to the Collector at that place. These regulations were ex-
tremely incenVenient and injurious, and excited much dissatisfac-
tion. Dyre, who was more desirous fo ensure his authority, than
to exercise it aright, transmitted complaints to the Commissioners
of Customs, that resistance was made to his authority; he stated
that when" he attempted to prosecute vessels for avoiding the
laws*. the* juries gave verdicts againsf him, contrary fo. obvious
facts; and that he -was thus prevented from -enforcing the payment
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 York to the proprietors of East Jersey, thai 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 had
* He had been appointed by the Commissioners of Customs, to be Collector
both for Pennsylvania and New Jersey, receiving his commission on the 4th of
January, 1682. He entered upon office in East Jersey in April, 1685.
Whitehead, p. 109.
GOVERNMENT UNDER THE NEW PROPRIETORS. ' 227
been raised to the throne, and in his high elevation as King, the
grants and engagements he had made in a lower situation, were
but little regarded. Three different times had he granted to- the
proprietors of 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 confirmed in
a formal manner, by the 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 Warranto 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, ki a country which ought to be more dependent
on his Majesty."
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.47
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, that persons
summoned as jurors, and who were scrupulous of taking an oath,
*"' By the former Assembly the compensation was settled at four shillings a
day, it was now reduced to three shillings, the Assembly "being desirous to
ease the charges of the country in paying great salaries." The payment might
be 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.48 Such a view, however, can hardly
be considered as just. Lawrie had probably .exercised jhis 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
48 It has been suggested by some writers that the interest of Lawrie in West
Jersey had rendered him less attentive to the discharges of his duties in the
other province. For this, however, there seems little foundation.
Oldmixon and Wynne.
GOVERNMENT UNDER THE NEW PROPRIETORS. 229
by any regulation, was yet supposed to be injurious to the general
proprietary interest.49 These several reasons led to a new ap-
pointment. In the selection of a successor, there is reason to
believe that Governor Barclay and some of his associates, were
governed rather by the character and views of the colonists, than
by their own particular preferences. A considerable number of
Scottish emigrants were now in the province ; they were 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 June, 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 public offenders.50 Lord Campbell
49 Rudyard and Lawrie had taken up lands which were supposed to be of
especial value, ami with a particular regard to their own advantage. Hence, in
168-5, 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, eithei 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 smallness of it, or any other reason, cannot be so or-
dered, it shall not be meddled with until the plurality of the proprietors are
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
motit to the rest for it ; or w here they u 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 Rudyard, 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 them, go otherwise.
Grants and Concessions, p. 212.
40 The Earl of Argyle entered Scotland in 1685, for the avowed purpose of
230 GOVERNMENT UNDER THE NEW PROPRIETORS.
apprehending the necessity of leaving his country, had purchased
a portion of a proprietary right in East Jersey, which had been held
by Viscount Tarbet, and sent over a large number of settlers. He •
was appointed to serve as Deputy Governor for two years, and
directly departed for the province.
Whatever may have been the aims of the proprietors in the
appointment of Campbell, it seems clear that the principal object
with him in coming to the country, was to secure a retirement
from the difficulties 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.51 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 was 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 countrymen, but the undertaking terminated in failure
and the death of the Duke. Whether there was any sympathy with Arglye
and his brother, among the proprietors of East Jersey, is unknown, but one of
the principal of them, the Earl of Perth, had been an active opposer of Arglye's
proceedings. This circumstance renders it probable that the appointment of
Campbell was made merely with a view to the supposed interests of the province.
61 Grants and Concessions, p. 301.
GOVERNMENT UNDER THE NEW PROPRIETORS. 231
sixteen years of age. The amount thus raised was to be held
subject to the directions of the Governor of New York, who had
been authorized by the 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 Warranto 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 which they re-
minded him, that the province had -not been .conferred upon them
as a favor, but had been acquired by thx 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 peoples 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 affairs, 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.
Theylbesought 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
bo'th of East and of West New Jersey as one jurisdiction.52 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-
B West New Jersey does not seem to have been involved in the Quo War-
rantu 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
Jersey had on the western portion, may be supposed to have led to the proposal
above mentioned. See note in Wkitehead, 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 binding agreements, were now to be annulled. The
hand of unscrupulous authority was to sweep the land "from St.
Croix to Maryland." The 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 authority 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.53 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, and thus the property of the province
be retained. as before. The terms were accepted by the King,
and in consequence, the proceedings under the Quo Warranto
were suspended. West New Jersey acceded to this arrangement.
The surrender of the government of both provinces was made
in April, 1688.
A new and enlarged commission was issued to Andross, annex-
ing to his government both New Jersey and New York. Francis
Grahame, vol. 2, p. 299.
GOVERNMENT UNDER THE NEW PROPRIETORS. 233
Nicholson was appointed his Lieutenant. Not long after the
reception of his commission, Andross arrived in New York and
received the government from Dongan, the former Governor, and
presently afterwards paid a visit both to East and West New
Jersey.54
In the present situation of the country 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 ambitious
of particular display; he at any rate, exhibited at this time a degree
of moderation that had not been witnessed in his previous course.
He continued most of the officers of the province in their places,
and made but little alteration in the conduct of business. This
forbearance indeed was in no wise greater than the state of affairs
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 stipulated 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 was finally
and forever lost. In the revolution which occurred soon after-
wards, James the Second was driven from his throne, and ever
afterwards continued in exile.
64 In a letter from New York, dated October 4th, 1688, Andross states that
he arrived on the llth of August, and that his Majesty's letters patent being
published, he immediately received that place, and East New Jersey on the 15th,
and West New Jersey on the 18th following. See note in Whitehead, p. 113.
30
CHAPTER XIII.
?EST NEW 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, and 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.1 The particular conditions of his
1 The election of Byllinge as Governor could only have been made in de-
ference to his claim to authority under the grant from the Duke, unless some
new conditions had been made, and none such appear. The former conces-
sions provided for no such office as Governor. There was an apparent design
to effect an union of different 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 implied that a right of
choice existed in the party electing. It is singular that no apprehension in re-
gard to the effect 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 customs 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." (Smith's New Jersey, p. 125.) But although the release from
customs was a most important advantage obtained by the province, the grant
in relation to government was somewhat doubtful, and did not prove in the end
to be entirely " acceptable."
GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 235
election are no where given ; but he presently proceeded to the
appointment of a deputy. This office was given to Samuel Jen-
ings, a man of some distinction already in the province. At an
early period the Deputy Governor summoned an Assembly,
which met at Burlington on the 21st of November, 1681, being
the first Assembly that convened in West New Jersey.2 The
body entered at once upon the consideration of the state of affairs
and adopted such measures as the altered condition of things ap-
peared to demand ; reasserting the rights that had formerly been
held, and laying down positive limitations upon the action of the
new authorities. A deep sense of the importance of their work
appears to have been felt by the members. "Forasmuch," they
say, "as it hath pleased God to bring us into this province of
West New Jersey, and settle us here in safety, that we may be
a people to the praise and honor of his name who hath so dealt
with us, and for the good and welfare of our posterity to come:
We the Governor and Proprietors, freeholders and inhabitants of
West New Jersey, by mutual consent and agreement, for the
prevention of innovation and oppression either upon us or our
posterity, and for the preservation of the peace and tranquility of
the same, and that all may be encouraged to go on cheerfully in
their several places ; do make and constitute these our agreements,
to be as fundamentals to us and our posterity, to be held inviola-
ble, and that no person or persons whatever, shall or may make
void or disannul the same, upon any pretence whatever."
It was provided that there should be a General Free Assem-
bly, yearly and every year, to be chosen by the free people
of the province, to consider of the affairs of the province, and to
make and ordain such acts and laws as might be required, and
the Governor, with the consent of his Council, might, if neces-
sary, convene the Assembly at intermediate times.3 That the
General Free Assembly chosen as aforesaid should not be pro-
' The number of the members in this Assembly is not determined.
* The Council was a feature of government now first introduced. Under the
former concessions the executive authority was wholly in the body called Com-
missioners. This latter body however was still continued, but with restricted
duties and powers.
V.
236 GOVERNMENT AFTER THE RELEASE OF THE DTJKE OF YORK.
rogued or dissolved before the expiration of one whole year (from
the day of their election) without their own consent. That all
officers of state or trust should be nominated and elected by the
General Assembly for the time being, or by their appointment,
and that such officers should be accountable to the General As-
sembly, or to such as they should appoint. That no Assembly
should give to the Governor for the time being, or his heirs or
successors, any tax or custom for a longer time than one year.
That liberty of conscience in matters of faith and worship towards
God should be granted to all people within the province, who
should live peaceably and quietly therein, and no one should be
rendered incapable of office on account of faith and worship.
In reference to the Governor and Council, it was provided, that
the Governor should not suspend or defer the signing and con-
firming of such laws as were passed by the General Assembly.
That it should not be lawful for the Governor, or his heirs and
successors, and Council, at any time to make and enact any law
or laws for the province without the consent of the Assembly,
and that if they or any of them, should attempt to make such laws
without the assent of the Assembly, they should, upon legal con-
viction, be deemed and taken to be enemies to the people of the
province. That it should not be lawful for the Governor, his
heirs and successors, and Council, or any of them, to make or
raise war, or raise any military forces, or to levy sums of money,
or impose any tax whatsoever, without the consent of the Assem-
bly, neither should they (without such consent) send embassadors,
or make treaties, or enter into any alliances on the public account.
These provisions were in the nature of primary or fundamental
articles, which were to form the foundation of government. It
was farther provided and agreed, that upon the acceptance of these
articles by Samuel Jenings, the General Assembly, proprietors
and freeholders of the province would accept him as Deputy
Governor. The conditions were agreed to by Jenings, he put-
ting his hand and seal to the articles, and they were also sub-
scribed by Thomas Olive, Speaker, by the order, and in the name
of the General Assembly of the province.4
4 Grants and Concessions, p. 423.
J - ' >'
j
GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 237
The government being thus established, the Assembly pro-
ceeded at once to make other enactments. Most of the provisions
in relation to the rights of individuals, in respect both to person
and property, which were contained in the former concessions,
were adopted anew, and put into force.5 Regulations were also
made prescribing the duties of the several officers. The Governor
and Commissioners (in the same manner as the Commissioners
alone, under the former concessions) were empowered to determine
the rates and fees of the Public Register, Surveyor, and other
officers of the province.6 They were also to see that all courts
established, or to be established, by the Assembly of the province,
should execute their duties according to the laws; and to displace
or punish offenders. They might suspend the execution of sen-
tence passed upon any person, by any judge, justice or court,
until the whole proceedings should be presented to the next
Assembly, which Assembly, with the Governor, might grant a
pardon, or command execution of the sentence. The Governor
and Commissioners were also to superintend the divisions, sale
and conveyance of lands, and to have charge of the execution of
the laws relating to the estates of decedents, and the care of
orphans, which laws were full and precise.
No additional regulations of importance were made in relation
to the action of the Legislative Assembly, but the compensation
of the members was determined anew. They were to receive
two shillings for each and every day they should serve, this sum
being paid, (as before) by the respective divisions in which they
were chosen. To defray the public debts and other charges of
the province, it was ordered, that the sum of two hundred pounds
should be levied, to be paid in "coin or skins or money," and
two persons were chosen as Receivers General, with authority to
appoint their subordinates.7 Of this sum twenty pounds was to
» In a few particulars new provisions were made, but none that altered the
spirit of the laws.
6 The fees of all judicial officers were formerly determined by the Assembly,
and no change in this respect appears to have been made.
1 The sum above mentioned was to be equally levied and proportioned upon
the several tenths, twenty pounds upon each and every tenth; and every man
to be assessed according to his estate real or personal, and all handicrafts, mer-
238 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK.
be given to the Governor, and five pounds (as a gratuity for his
services) to the Speaker 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.8 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, by 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.9 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 by the people within their respective tenths,
were then returned by the Sheriff according to appointment.10
Thirty-four members attended, and the house was organized by
the appointment of Thomas Olive as Speaker. By this Assembly
chants, and others to be assessed at the discretion of the Assessor*. All persons
who should neglect or refuse to bring in to the officers, the sum taxed upon
them, by a specified time, should be fined at the judgment and discretion of the
Commissioners, not exceeding forty shillings. This latter provision was an-
nulled by the next Assembly.
8 An important part of the business of the Commissioners was the direction
of measures for the settling and regulation of lands, and they immediately
adopted a number of rules or " methods." Grants and Concessions, p. 435.
9 See Sharp's account in Mickle's Reminiscences, p. 48.
10 The choice of a " Sheriff" is not noticed in the proceedings of the previous
Assembly, and as no jurisdictions or counties had yet been erected, the
peculiar sphere for such an officer, according to common usage, would seem to
have been wanting. It is doubtful what was the precise extent of the action of
this officer, at the time.
GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 239
the comparative advantages of general and district elections were
considered a question that has frequently been agitated in latter
times. Hitherto elections had been held within the respective
tenths, but the members had been chosen from all the divisions
without 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,
they have the liberty of choosing for each ten proprieties, so peo-
pled, ten Representatives." 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.11
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
11 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 difficulties which had hereto-
fore existed between Fenwick and his 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 (Johnson's Salem, p. 26,) that on the first
of March, 1682, Fenwick conveyed a moiety of his proprietary to Governor
Penn, of Pennsylvania, excepting and reserving therefrom to himself, his heirs
and assigns, all that tract of country which was called Fenwick's colony, con-
taining as was supposed 150,000 acres. Whether this was intended as a basis
of a general arrangement, in which Fenwick was to be allowed to retain the
land here reserved, and relinquish all claims to the remainder, is unknown, but A
it would seem not improbable.
Vi"*'^"-:v*
240 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK.
time, three shillings a piece, and to the other officers 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 with the Commissioners, and the
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 Constables were appointed for three of the
tenths, none being chosen for Salem.12 It was resolved and en-
acted that the next General Assembly should meet on the 12th
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 4th of Novem-
ber next, "unless there be necessary occasion to meet sooner."
The "necessary occasion" was supposed to arise, and the
Governor, by the advice of his Council, summoned the Assembly
to appear on the 26th of September of the same year. Twenty-
eight members were present at the time appointed. It was then
enacted that the election of Representatives should take place
within the respective tenths on the 14th day of the second month
and so yearly, at such time and place as should 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
indifferent persons of the neighborhood, should be tendered by a
Justice of the Peace, who should have power to summon the
parties before him, before the matter should be taken to a court,
and if both or either of the 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.13 The present session con-
" Under the former concessions Justices and Constables were to be chosen
by the people.
13 In the Convention that formed the present Constitution of the State of New
Jersey, a motion was made by Mr. Jacques, one of the members, for provision to
institute a court similar in some respects to the one here established; it was to be
called " A Court of Reconciliation." The proposition was urged with some
earnestness, but was not finally adopted. Minutes of the Convention.
GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 241
tinued two days, and the House was then adjourned to the 1st
day of the third month, 1683.14
The next meeting of the Assembly was one of importance. Jt
commenced according to adjournment on the Jid of the third
month, 1683. Thirty -seven members were in attendance ; ten
from the first tenth, and the same number from the second and
from the Salem tenths, each,15 and seven from the 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 the assent of the
House. That for the despatch of business, the 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 Assembly should constitute the
General Assembly, which Assembly should have the affirmative
and negative of all bills prepared by the Governor and Council,
and that such bills should be openly read by 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
officers were to be chosen on the first day of the session. It was
also provided that the Governor and Council should have the
government of the State according to the laws, during the recess
of the General Assembly.16 Several other enactments were made
14 An act was passed at this session for "the encouragement of learning and
the better education of youth." It provided that the Island of Matininuck (late
in the possession of Robert Stacy,) should be given, and thenceforth 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 within
the said town, and within the first and second tenths. (Grants and Concessions,
p. 455.) It is believed that this property is still appropriated to the purposes
here directed.
15 John Fenwick was one of the Representatives.
16 Grants and Concessions, p. 466. The chief administrative authority which,
31
242 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK.
regulating the purchase and settlement of lands, and other particu-
lars. But the attention of the Assembly was especially directed
toward a subject 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 sufficiently liberal in action and
character. But still the question of 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.17 At this time
too, it is asserted, the Governor, Byllinge, resolved upon the
removal of Jenings from his post as Deputy; a measure which
was probably intended by Byllinge as a practical assertion of in-
dependent authority, and also, it may be, to mark his dissatisfac-
tion with the 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 directly tended to defeat the in-
tentions of Byllinge. He recommended that Jenings should be
confirmed in his office by the choice of the Assembly.18 This
recommendation, besides its bearing in reference to the claims of
the Governor, was acceptable in the province on other accounts ;
Jenings had given satisfaction to the people and they desired his
continuance in office.
under the former concessions, belonged to the Commissioners, was here expressly
given to the Governor and Council.
1 ' Smith's New Jersey, p. 1 63. >! Gordon's New Jersey, p. 43. Smith, p. 1 55.
GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 243
The Assembly now met, entered upon the 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, 1683." They resolved that
the land and government of West New Jersey were purchased
together. That Edward Byllinge and his trustees were still
obliged to make good their former contract and covenant in which
they had granted both property and power.19 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.20 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 he might confirm his first 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 Jenings as Governor, was
satisfactory, and that after, and in addition to such election, if
Samuel Jenings should promise to act in his office with fidelity
and diligence according to the laws, concessions and constitutions
of the province, sufficient security would be given to the people.
In addition to the difficulties 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 date, should
19 This resolve was a direct and distinct denial of the claims of Byllinge un-
der the grant of the Duke of York.
20 John Fenwick made an exception to this resolve, alleging that at the time
the concessions were subscribed to, his tenth was under different circumstances,
yet noli' he freely, assented thereto.
244 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK.
make further assurance of the premises, to the purchasers; Hence
the 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, that " 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,
the law of yearly Assembly, the law of juries, and of evidence,
should hot be changed.21 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 he 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 resolutions
that had been entered into upon the subject of government, were
further pursued, and it was enacted and resolved by the General
Assembly, that an instrument containing the state of the case be-
tween the proprietors of the province and Edward Byllinge, in
relation to the people's legal and equitable right to the government
of the province, should be directly transmitted to England, and
also a letter to Bylliuge himself. In pursuance of this design,
21 Some provision allowing ?uch alterations would «eemed to have been
required in order to justify the course of the Assembly itself, for whilst they
declared that the former concessions were the fundamentals and foundation of
government, the provisions now adopted were different in many respects from
those of the concessions.
GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 245
it was further resolved at the ensuing session (held in March,
1684,) that an express demand upon By Hinge 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.22 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, affairs should "remain upon the same foot and bottom, and
be managed ii\ 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.23
m It was resolved that the -sum' of one hundred pounds should be given 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 thereof." It
was also resolved that one • hundred pounds morje should be provided for the
payment of the charges and necessary expenses 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 Penn. Certain lands in- the province were
appropriated for the final liquidation of this debt.
M Another tenth was by this time taken up and occupied, and Representatives
appeared in the Assembly from the fourth tenth. The fourth tenth extended
from Timber Creek to Oldman's Creek.
246 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK.
By the Assembly which convened in May, 1685, the resolution
that affairs should 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 such proclamations and precepts for the preservation
of the property and privileges of the people, as they might deem
necessary, until -the General Assembly should make further pro-
vision. But the 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 was issued by Byllinge appointing a Deputy Gover-
nor. This office was given to John Skene.24
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 before 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 prepared, who were to make report at the
next meeting, when the House might give their " resultment there-
24 Both Smith and Gordon state that William Welsh had been appointed
some time before, as Deputy under Byllinge, but that he was rejected by the
Assembly, Thomas Olive was thrice elected, and continued to be Governor
from May, 1684, until September, 1685, when Skene was received.
GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 247
of." It was then agreed that the House should elect and appoint
such officers as might be necessary to assist the Governor in
keeping the peace, and maintaining 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 the instrument
from Edward Byllinge, and proprietors, should remain in the
custody of Thomas Olive and Thomas Gardner until further order.
Before the adjournment, officers 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
affairs in the province. Whilst the regular .authorities 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 fourth tenths
finding themselves subjected to much disadvantage from the trans-
action of public business at Burlington and Salem, resolved upon
the establishment of a central jurisdiction, and for this purpose held
a convention at Gloucester, in May, 1686.25 In pursuance of
their object, an instrument was framed and adopted which con-
tains sufficient 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.26 The new division was called the
26 Gloucester was one of the earliest settlements in the province, and a town
was soon afterwards projected and laid out. It continued for many years to be
the county town. See Mickle's Reminiscences, p. 35 and 36-
* The jurisdiction was co-extensive with the limits of the third and fourth
248 GOVERNMENT AFTER THE RELEASE OF THE DUKE 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 the year 1687, a change took place in the provincial govern-
ment in consequence of the death of Edward Byllinge.27 Upon
this event, Dr. Daniel Coxe, who was already largely concerned
in West New Jersey as a proprietor, purchased the whole 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.28 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.
Woodbury Records, given by Mickle, p. 85.
21 Byllinge had been one of the most prominent actors in the afiairs 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 subsequent conduct was not such 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 be accounted for and partly excused, but his
subsequent retention of authority can in no wise be palliated, and is only to be
explained upon the supposition, that he was too open to the seductive influences
of place and of power.
28 The Council of Proprietors were individuals chosen from the general body.
The whole number of proprietors had become so large, and the members were
so scattered that the transaction of business had become extremely difficult. To
obviate this, it was resolved at a meeting of the proprietors on the 14th of Feb-
ruary,'1687, that there should be constituted a Proprietary Council, to consist
of eleven Commissioners, to be annually chosen from among themselves. These
Commissioners were fully empowered to act in all such affairs as concerned the
general body, and two shillings a day was allowed them as a compensation.
In November, 1688, the Council agreed upon a system of rules relating to the
GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 249
entire direction of affairs in matters of government. He stated,
that he had advised with the 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 argument, whether 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 represented 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 Jenings, Thomas
Olive, William Biddle, Elias Farr, Mahlon Stacy, Francis Davenport, Andrew
Robcson, William Royden, John Heading, William Cooper and John Wills.
It was to this body that the communication of Dr. Coxe was directed. During
the recess of the General Assembly, the proprietary body was probably consid-
ered as the highest authority in the province.
32
250 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK.
impropriety and injustice, a different distribution of these powers
was ordered and made.
Information was also given by Goxe 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 difficulty 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 reached, no injury
would have been sustained by any; but without this, if interest
should be secured, a wrong would be committed. In the commu-
nication of Coxe it was further set forth, that as no proposals had
been made to him, he should enter upon the government himself,
and he distinctly stated that "as all the gentlemen of the law who
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, with all integrity, faithfulness and diligence."
He also declared his full willingness to confirm the civil privileges
and rights which had been given in the original concessions ol
the proprietors, and to cause them to be inviolably observed; but
in regard to the form of government, he remarked that "as the
government of England is acknowledged by all intelligent and
disinterested persons, to be the best of constitutions, I do hereby
declare my full and free approbation of such constitution in your
CONDITIONAL SURRENDER OF GOVERNMENT 251
province." He declared that he should 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 be complied
with; and that the officers appointed by ByUinge, 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 government, 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
offers were made to them as grants.
But the exercise of the 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 Warranto had been
issued against the province, and after ineffectual 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 apparently, but little 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,
in 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 therefore 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, with 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.29 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."30
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.31 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.
39 It is stated by Smith, that Skene died in December, 1687, but from the
transaction above mentioned, he appears to have been acting as an offcer in
1688.
30 Smith's New Jersey, p. 202. 31 Whitehead, p. 112.
CHAPTER XIV.
RESUMPTION 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.1 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 record, 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 charters.
It is possible that had a course of proceeding like to that pursued
in these colonies, been entered upon 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
1 Judgment having been actually rendered against Massachusetts, its former
charter was not finally restored. Pitkin's History, vol. 1, p. 120.
254 . RESUMPTION 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 who 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 affections 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, (who was yet at the head of affairs 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.2 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-
2 He appears to have been in office so late as May, 1690. WJiitthead, p.
129.
RESUMPTION OF GOVERNMENT IN EAST JERSEY. 255
tinued in action although it had become imperfect in form.3 After
the resignation of Hamilton and the death of Governor Barclay,
(which latter event took place on the 3d of October, 1690,) 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 affairs, 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.
Whether the inhabitants 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.4 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
3 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 were appointed to office, but were rejected by the
people. Whitehead, p. 130.
4 Tatham was appointed nearly at the same time to be Governor of Went
Jersey, where he resided, but was there rejected 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 does not
appear.
256 RESUMPTION" 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.5
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 titles 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 been 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 Isaac Kingsland, Andrew Bowne, John Inians, David
Mndie, James Dundas, John Royce, Samuel Dennis, John Bishop, and Lewis
Morris.
RESUMPTION OF GOVERNMENT IN EAST JERSEY. 257
Not long afterwards another unfavorable circumstance occurred.
Governor Hamilton 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 born
subject of England should be admitted to serve in any public
places of profit and trust. The law itself was an exhibition of
contracted policy, and it was complied with by the proprietors of
East Jersey with 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 office. 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 the province. It set forth the
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 the growing power of Popery 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.6 Beside this, the necessary confirmation from the
s The proprietors afterwards stated in a petition ; that upon the appointment
33
258 RESUMPTION OK 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 was owing, or
was attributed, to the displeasure that was felt at the hasty removal
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 sought 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 in-
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.7 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 obliged to encounter opposition from without. Recent
enactments had been made by the Assembly for the encourage-
ment of trade, and the establishment of a port and custom house
at Perth Amboy. This led to a renewal of complaint from the
authorities of New York, and of representations to the King, of
the great advantage that would be gained by annexing New Jersey
to New York. The unceasing urgency of the authorities of the
latter, upon this subject, affords an instance of most aggravated
of Basse they had received instructions from the Lords Justices, and Lords
Commissioners of the Treasury, for the Governor's conduct, which they stated,
had been produced and published as evidence that the Governor had been ap-
pointed with the knowledge and full consent of his Majesty, and that only an
express approbation in writing was wanting. Grants and Concessions, p. 592.
1 Whitehead, p. 140.
RESUMPTION OF GOVERNMENT IN EAST JERSEY. 259
illiberal ity toward a neighboring province.8 That a regard to
their own advantage was the true motive by which they were
actuated, though masked beneath a professed anxiety for his
Majesty's interest, was no doubt perceived; yet the King was not
likely to inquire with much 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.9 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 was not knowledge, that was 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
8 The Governor of New York complained that "they are now making war
upon us in point of trade, they will draw all the shipping thither and establish
a free port, to the great prejudice of this place, and sink the trade of it, they
pay no duty to the King, and all will flock there. New York Colonial Papers.
9 These are mentioned as " Crown Lawyers" by Chalmers and Grahame, 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 by 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 officers 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-
sequently given, calculated and designed to obstruct the trade of New Jersey.
Whitehead, p. 143.
260 RESUMPTION OF GOVERNMENT IN EAST JERSEY.
purposes of the authorities of New York to urge that restrictions
should be 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 between the Indians and the inhabitants of East Jersey.
Very soon afterwards he received another despatch or direction
from the Crown, denyingthe 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.
Governor Basse exhibited 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.10 But the Governor of New
York now acted again the same part that had been performed by
his predecessor Andross, ten years before. 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 affair, and a part of the amount was to
be employed " to gratify the best and ablest counsel in the law,
the better to state and represent our case." It is doubtful whether
this amount was collected;11 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
10 It is intimated by Whitehead, that a part of the spirit manifested by the
Governor on this occasion, proceeded from personal interest, he being dhectly
concerned in the vessel or cargo.
" The enforcement of the law was objected to, in as much as the money was
to be entrusted to the adherents or personal friends of the Governor, in whom
the people had no confidence; they doubted whether the money would be ap-
plied "for the country's good." Newark Records, in Whitfhead, p. 146.
RESUMPTION OF GOVERNMENT IN EAST JERSEY. 261
and claims of East Jersey were fully sustained. But the decision
came too late to be attended by any important advantage.
Though the conduct of Governor Basse in the management of
these affairs 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 officers of the province were
insulted 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, 1699, 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 coumists, 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 Hamilton. A
decision had been given by the officers of the Crown, that the
act excluding foreigners from office, did not apply to the natives
of Scotland. But a new objection to his confirmation in office
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,
began to be urged against him, and transactions ensued of a
262 RESUMPTION OF GOVERNMENT IN EAST JERSEY.
character so tumultuous and violent, as to fix upon the period, the
designation of " the time of the revolution."'2 Soon afterwards a
long memorial was prepared and addressed to the King, com-
plaining of the wrong which 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.13 It also set
forth as matter of complaint, that after removing Governor Hamil-
ton from office 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 in office, notwithstanding the disability which they now
alleged to exist. But in truth, the real object of these petitioners,
or many of them, was to escape from the restraints and obliga-
tions they were under from the 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.14 Some of the colonists indeed, were well
13 It is no more than just to the people to state, that open opposition to Hamil-
ton began to be manifested after the dissolution of the Assembly 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.
13 This allegation, as has already been shown, was almost wholly unfounded.
14 The situation of the Governor and the views and objects of the people are
fully set forth in a letter from Hamilton to the proprietors, dated June 1st, 1700.
He stated himself to be "at a great loss for want of advice from you how far
you have concerted the affairs of the surrender, the people here proposing to
themselves that they will be upon a level with you when the government is out
RESUMPTION OF GOVERNMENT IN EAST JERSEY. 263
affected, and did not approve of the measures pursued, but their
numbers or influence were not sufficient to work a change in the
general 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 them. Finding no hopes of
raising money, I forbore calling our Assembly till their own was to sit of course,
which by an act passed in Mr. Basse's time, is to meet yearly by proclamation
on the fourth Tuesday in May. I accordingly called 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 himself, having heard my commission read upon
my arrival. TVIr. Royse asked me if I had the approbation as the act directs. I
told him I was much surprised lo 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 to break their ports, the
Crown had of late questioned the proprietors right to government, looking on it
as unaccountable to be a government, and not allowed a port as all other dis-
tinct colonies 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 government, 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
sufficiently 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 ex-
264 RESUMPTION OF GOVERNMENT IN WEST JERSEY.
with all his prudence and firmness, had become nearly powerless.
The proprietary bo'dy 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, but 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 far 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.15 An agreement was also concluded on the 5th
of September, 1688, between Coxe and Governor Barclay, re-
specting the limits of East and West New Jersey; Coxe insisted
that the boundary formerly agreed upon was 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.16
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 that, and not the want of an approbation, was the reason of
their pretended scruples." Whitehead, p. 223.
15 Three several purchases were made, dated respectively the 30th of March,
the 3Cth of April, and the 16th of May, 1688. They were lands in the southern
part of the province, including part of the present counties of Cumberland and
Cape May.
16 It is somewhat doubtful in what precise character the contracting parties at
this time considered themselves as acting. The government in both provinces
RESUMPTION OF GOVERNMENT IN WEST JERSEY. 265
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 disposition to aid in any
attempt which would tend to its confirmation. The people too,
in some portions of the province, as has been seen, had taken the
management of affairs, in part, into their own hands, and had be-
come somewhat familiarized 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.17
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 been surrendered, and Andross had taken possession thereof. The
former Governors, then, would seem to have had no other authority than as the
representatives and holders of property,- but in name they acted as Governors,
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 Burlington adjusted the boundary be-
tween them, as appears in the following extract: — "At a court held at Glou-
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 affair completed, if they please. To all which the bench
assents and order the procedure thereof in manner above said."
Woodbury Records, given by Mickk, p. 41.
34
266 RESUMPTION OF GOVERNMENT IN WEST JERSEY.
renewed; the former basis of government was allowed to remain.
In 1690, John Tatham was appointed as Deputy Governor.18
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 was derived, may possibly have formed
a part of the objection.19 Directly afterwards Edward Hunloke
was appointed, who continued in office until the province was
passed into other hands.20 Either disheartened by the difficulties
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 1691 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
18 The period of the appointment of this officer is not entirely determined, but
it is believed to have been as above stated.
18 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 suf-
ference, or by appointment from the West Jersey Society. In March, 1692, he
presided in the courts of Gloucester, as Deputy Governor. His name also ap-
pears as a presiding officer in these courts, and also with the title of Deputy
Governor, in December, 1692, and in September, 1694, which periods were
subsequent to the appointment and the arrival of Governor Hamilton. He has
hence been represented by different authors, as holding the appointment of
Deputy Governor as late as 1694, which could not possibly have been the case,
unless by an appointment from Governor Hamilton, and there is nothing what-
ever to favor the opinion that such an appointment was made by him. But in
the records of the above court, it is stated at the later periods above mentioned,
that Edward Hunloke, Deputy Governor, was present, and that a commission
from the Governor, appointing Edward Hunloke, John Tatham and others,
Justices of the Peace, was then read. Hence there is reason to believe that
Hunloke appeared on these occasions, merely as a judicial officer, and that the
title of Deputy Governor was only continued by courtesy. It is certain that at
a still later period he was appointed one of the provincial judges.
RESUMPTION OF GOVERNMENT IN WEST JERSEY. 267
Society assumed political power in the province. They set forth
that "the hereditary government of the province of West New
Jersey, in America, which by due and legal right was vested in
Daniel Coxe, Esq., by conveyance duly executed, hath been by
him assigned and transferred to us." In pursuance of this claim
the society appointed a committee consisting of ten persons, to
whom authority was given to nominate and appoint a Deputy
Governor for the "well ordering and governing the province."21
On the llth of April, 1692, the committee appointed Andrew
Hamilton to be Governor, and issued their commission to him as
such.22 He was to continue in office for one year, and until a
successor should be appointed. Hamilton arrived in the latter
part of the same year, and entered at once upon office. The
character for prudence and moderation which the present incum-
bent had gained in the neighboring province, together with the
obvious disadvantage of a continuance in the unsettled condition
existing at the time, may be supposed to have influenced the people
to acquiescence in the appointment, and to submit to the authority
of Hamilton. On the 3d of November, 1692, the General Assem-
bly was convened, and legislation was again resumed, being carried
on in the name of "the Governor, Council, and Representatives of
the province."23 At this session several important enactments
were made. The past proceedings of the people in relation to the
establishment of county divisions, were recognized and confirmed,
only, that some alteration of limits was made. The boundary
between the counties of Burlington and Gloucester was laid down
anew, which it was said, was to remain "fixed, and recorded,
firm, and inviolable, from henceforth and forever." This " in-
31 The committee were Thomas Lane, Robert Hackshaw, James St. John,
Daniel Coxe, John Jurin, Edmund Harrison, John Bridges, Mord. Abbott,
William Wrightman, and Robert Michel.
Book B of Deeds in the office of the Secretary of State, Trentoii, p. 287.
M Nearly at the same time Hamilton was appointed Governor of Ea-st Jersey,
his commission to that office being given on the 25th of March, in the same
year.
03 From some references in the proceedings of the Assembly, it would appear
that a sitting had been held in May, preceding, but no further record thereof
exists.
268 RESUMPTION OF GOVERNMENT IN WEST JERSEY.
violable" boundary, however, was wholly removed at the next
sitting of the Assembly, by the entire repeal of the act. A new
county was also established. Cape May "being a place well
situated for trade, and settled by a considerable number of fami-
lies," was erected into a county, to be called the county of Cape
May. Courts for the trial of small causes were to be held in the
new division ; but higher cases were to be heard in the Sessions,
in Salem. At the next meeting of the Legislature, Cape May
was more fully admitted to the dignities and privileges of a county,
by the institution of county courts within its limits, but the juris-
diction of these courts was limited to the trial of civil actions un-
der the sum of twenty pounds ; at a subsequent period, however,
(1697,) this restriction was also removed. An enactment was
passed for raising money by an assessment upon persons, for dis-
charging public debts, and for paying the Governor.24 The sum
of two shillings was to be levied upon every person resident in the
province, who was sixteen years old and upward. New provisions
were made in relation to the sessions of the General Assembly; it
was directed that thenceforward, instead of two yearly sessions, one,
only, should be held, unless there should be an "immergent occa-
sion" when the Governor and Council might order a meeting. In
1694, further regulations were made for determing the boundaries of
the several counties.25 In consequence of the establishment of these
* It was said that they were "desirous to present our Governor with one
hundred pounds."
M The two distinctions or divisions formerly called the first and second tenths,
were laid into one county, named, and to be called the county of Burlington,
to extend from the River Derwent, formerly called Sunpink, on the north, to the
River Crapwell, formerly called Pensawkin, on the south. All persons above
the Sunpink were placed under the jurisdiction of Burlington, until the further
orders of the Assembly. The two divisions heretofore called the third and fourth
tenths were laid into a county to be called the county of Gloucester, to extend
from the River Crapwell or Pensawkin, on the north, to the River Berkely,
formerly called Oldman's Creek, on the south. The country formerly included
within the jurisdiction of Salem Court, was declared a county, to be named the
county of Salem, to extend from the River Berkely on the north, to the River
Tweed, formerly called Back Creek, on the south. Cape May was to extend
from a line across the province formed by the Prince Maurice River on the one
side, and the middlemost great river that runs into the Bay of Great Harbor,
RESUMPTION OF GOVERNMENT IN WEST JERSEY. 269
divisions, other provisions became necessary for the election of
Representatives to the General Assembly. Hitherto they had
been elected in the several tenths, henceforward they were to be
chosen in the counties. The times and places for holding the
county elections were prescribed, and also the number of Repre-
sentatives to be chosen in each. Burlington was to have twenty,
Gloucester twenty, Salem ten, and Cape May five. The electors
were to be the freeholders within the respective counties, but no
other qualifications were required in the case of the Representa-
tives, except that they should be "good and sufficient men."26
Authority was given by enactment to raise money for county pur-
poses ; the levy was to be ordered by the Justices of the county
courts, or a quorum of them, with the assistance of the Grand
Jury, at their respective Courts of Quarter Sessions.27 All the
officers of the county, however, as had formerly been the case in
the tenths, were to be appointed by the Legislature, including the
Justices, Clerk and Recorder, Attorney, Sheriff, and Coroner; and
the fees of these several officers were fully prescribed. By an
enactment made in 1696, provision was made for the permanent
support of the government by assessments upon real and personal
property. In carrying out the object, warrants were to be issued
by the County Courts to the Constable of each precinct, who
should warn and require the inhabitants within their respective
precincts, to meet on a certain appointed day, and choose Asses-
sors and Collectors of taxes, and also to render an account of pro-
perty. The rates of assessment were determined by law. The
several Collectors were to pay in the amount received by them,
to the Provincial Treasurer; and the whole was required to be
paid in current silver money. Out of the amount thus collected,
the sum of two hundred pounds was to be paid to the Governor,
on the other side, and then along a line by the ocean, and the Bay of Delaware.
The people settled on Egg Harbor, out of the limits above mentioned, were to
be included in Gloucester, by which provision the jurisdiction of the latter county
was extended from the Delaware to the ocean. The territorial extent of the
counties in an eastern direction was not laid down.
* By a subsequent enactment they were required to be " freeholders."
" In Gloucester, under its independent organization, taxes were levied by the
Grand Jury alone, and this power was exercised with a good degree of freedom.
270 RESUMPTION OF GOVERNMENT IN WEST JERSEY.
and the remainder to be and continue in the hands of the Treasurer,
at the disposal of the Assembly. By a subsequent enactment, the
course of procedure above mentioned was changed; the inhabitants
in some of the precincts neglecting or refusing to elect the officers,
and the officers when chosen, neglecting or refusing to perform
the duties assigned to them, the Assessors and Collectors were
appointed by the Assembly.
The religious opinions and views prevailing in the province
were indicated by an enactment of the same year. " Some per-
sons, out of a principle of conscience, not having freedom to
take oaths," it was enacted, that they should not on that ac-
count be disabled or incapacitated from holding any office within
the province, or be excluded from any right or privilege, he or
they signing the declaration of fidelity, and profession of the
Christian faith.28
A good degree of order and harmony was now established in
the province. Governor Hamilton conducted himself in the office
committed to him, -in such a manner as to conciliate the people ;
in some respects his appointment proved to be a wise and fortunate
measure. It tended however, to involve the province, in some
degree, in the difficulties which occurred in the neighboring pro-
vince. In the history of East Jersey, the removal of Hamilton
from office by the proprietors, in 1697, with the reasons that led
to that step, were noticed at length. The proprietary authorities
in West Jersey appear to have acquiesced, and perhaps directly
28 The declaration was as follows: — "I do sincerely promise and solemnly
declare, that I will be true and faithful to \Yilliam, King of England, and the
government of this province of West New Jersey, and I do solemnly profess
and declare, that I do from my heart abhor, detest and renounce as impious and
heretical that damnable doctrine and position that princes ex-communicated, or
deprived by the Pope, or any authority of the See of Rome may be deprived or
murdered by their subjects or any other whatsoever. And I also declare, that
no foreign prince, person, prelate, state or potentate hath, or ought to have any
power, jurisdiction, superiority, preeminence or authority, ecclesiastical or
spiritual, with this province." The profession of faith was, "I profess faith in
God the Father and in Jesus Christ his Eternal Son the true God, and in the
Holy Spirit one God blessed for ever more, and do acknowledge the Holy
Scriptures of the Old and New Testament to be given by divine inspiration.
Grants and GSNMMMM^ p. 549.
RESUMPTION OF GOVERNMENT IN WEST JERSEY, 271
participated in that procedure, and hence the office of Governor
was vacated at once in both of the provinces.29
Jeremiah Basse, the successor of Hamilton, was appointed by
the concurrent action of the proprietary bodies in the eastern and
western provinces, and he entered upon office in both, nearly at
the same time. But in the latter province, his administration,
though by no means popular, was far less disturbed than in the
former. No actual or open resistance to his authority was made.
The objection made against him in East Jersey on account of the
want of the necessary confirmation of his commission by the pro-
prietary body, did not apply in the other province. The lack
of Royal approbation was not strenuously urged, being apparently
regarded, rather as a formal, than as an essential defect, and as
no occasion for the active interference of the Deputy in the affairs
of the province occurred, there was at least a negative acquiescence
in his rule. But the fact that no meeting of the Assembly took
place during the period of his continuance in office, may perhaps
be considered as evidence that there was but little cordiality and
confidence between him and the people. It is also stated that
manifestations of want of respect were frequently exhibited on
occasions of his presence in the courts ; that officers and jurors
could scarcely be procured, and that the courts did little more
than meet and adjourn.30
At the departure of Governor Basse for England, in consequence
of the disturbances which had occurred in East Jersey, Andrew
Bowne was left in office as Deputy, but if the authority of this
officer was designed to extend, and did extend to the western
province, it was so slightly exercised, or so little regarded, that
no trace of its operation is known to exist. The re-appointment
of Andrew Hamilton in 1699, brought him again into West Jersey,
the proprietary or governing body of that province, agreeing and
acting in the measure.31 The Governor was well received and
29 In a joint representation afterwards made by a number of the proprietors
of East and West Jersey, the removal of Hamilton is referred to, as the act of
the proprietors of both provinces. Grants and Concessions, p. 592.
30 Barber and Howe, p. 208.
" The West Jersey Society were the actors in these proceedings.
272 FINAL SURRENDER.
the Assembly continued to hold regular sittings ; no interruption
occurred in the transaction of business, or in the appearance of
harmony between the different branches of government. The
salary of the Governor was raised to three hundred pounds, which
was to be presented and given to him " in token of our good will
and affection toward him." The "decency and order" of the
people of the province were appreciated by Governor Hamilton,
and were considered by him as forming a "good example" for
the authorities and inhabitants of East Jersey, where the condi-
tion of affairs was extremely different. But this state of quietness
was not" long continued. The want of the approbation of the
King to Hamilton's commission, afforded a cause or a pretence
for opposition, which in East Jersey arose to such a height as to
threaten the subversion of the government. And some of the in-
habitants in that province, as has been seen, petitioned the King
that he would be pleased to appoint a person who was qualified
according to law, to be Governor.
The proprietors, threatened on the one hand by a trial at law
conducted under Royal authority, and alarmed on the other, by
the disturbances in the province, were meditating a surrender of
the government.33 In West Jersey, if the same difficulties did
not exist at the time, owing to the absence of some of the causes
which operated in the other province, there was yet but little
assurance for the future. There also the right of the proprietors
to the government was to be contested by his Majesty, and it
might also be brought into question, as it had formerly been, by
the people of the province. Hence the holders of authority here
were likewise disposed, if satisfactory conditions could be made,
to yield up the government. But in the interval exertions were used
to remove the existing grounds of complaint. A joint petition from
the proprietors of both provinces was presented to the Lords
Chief Justices of England. The petitioners set forth that they
had been legally entitled to the government of these provinces
and in the exercise thereof, had appointed Governors there, and
among others had given a commission to Colonel Andrew Hamil-
ton, who had administered the government to general satisfaction ;
"Note in Whitehead, p. 225.
FINAL SURRENDER. 273
but as some doubt had arisen whether a native of Scotland could
properly serve, according to an act of Parliament, applying to
Provincial Governors, they had, to remove all cause or colour of
offence, removed the said Hamilton from office, and had appointed
one Jeremiah Basse in his place. But as the latter had not such
full confirmation of his powers, as was thought necessary, and
being informed that the former Governor, Hamilton, was not dis-
qualified on account of his being a native of Scotland, they again
appointed him to office. But then, upon applying for a con-
firmation they had learned that their right to the government
was to be controverted, and that the approbation of the King could
not be obtained, but that the Lords of trade and plantations were
of opinion that a commission might be given, and that the
Governor might safely act in the interim ; and he had accordingly
gone to the province and re-assumed the government. But some
turbulent persons impatient of any government, had opposed the
Governor's administration because his commission had not been
approved according to the letter of the act, and that the public
peace was violated and public justice obstructed. The petitioners
declared that they were ready to surrender all their rights of go-
vernment to his Majesty upon such terms and conditions as would
secure their properties and civil interests, but besought, that until
such forms could be agreed upon, for the preservation of order
and quiet in the provinces, Colonel Hamilton might be confirmed
in office as Governor. The prayer of the petitioners was not
successful, no concession in regard to the Governor was obtained.
It would appear from the above petition that the proprietors in
both provinces were fully disposed to surrender the government,
provided the terms could be satisfactorily adjusted, and this was
the matter to which attention was now particularly turned. In
their first proposal it was asked by the proprietary body of East
Jersey that their rights to the lands and soil of the province should
be secured ; that Perth Amboy should be established as a port, not
subject to any other, but paying the same or like customs as were
payable in New York; to have free liberty to trade with the
natives or other people of America, without interruption ; and to
have the exclusive right of purchasing lands from the Indians.
They also asked that the regular administration of justice might
35
274 FINAL SURRENDER.
be continued in the province, so that the people might not be
taken, or be obliged to attend elsewhere ; that the divisions of the
province into counties should remain as before, and that the in-
habitants should not be deprived of any of their civil and religious
privileges and rights. The Lords of trade and plantations ex-
pressed a willingness to accede to some of the conditions proposed,
but decidedly objected to others.33 A modification of some of the
terms was proposed which might render them less objectionable,
but a principal one, that which related to the establishment of
ports, was virtually rejected: it was said that his Majesty might
accede to it with certain.';" reasonable conditions," but that it would
be improper for his JVJajesty to oblige himself to a compliance
therewith.34 This was deemed by the proprietors to be an impor-
tant point, and in a second communication they stated, that they
were surprised at the dubious answer of their Lordships concerning
the establishment of a port at Perth Amboy; that they had sup-
posed that the principal objection to the allowance of a port in East
Jersey arose from the non-payment of customs there, and the
detriment done thereby to New York, which objection it was
thought would be removed by the offer to pay the same customs
as were payable at New York; and they considered themselves
to be equally entitled to his Majesty's favor and protection, and
to the enjoyment of privileges in trade as others. They also
stated, that the obtaining a port to be continued forever was their
main inducement to consent to a surrender of their government;
that this was the only thing which could make the province of
any value to the proprietors, or give them hopes of re-imbursing
their purchase money and other expenses, and that if this privilege
could not be allowed, the proprietors could not be accessary to
their own ruin by a voluntary surrender; but must endeavour to
vindicate their rights in a legal manner. But they mentioned that
if the condition in respect to a port should be granted, little diffi-
culty would be made in adjusting the other particulars. It is not
easy to perceive what were the reasons of the opposition to this
* "The Lords Commissioners of Trade and Plantations," were a board estab-
lished by King William soon after his accession, for directing the afiairs of the
colonies.
34 Grants and Concessions, p. 594.
FINAL SURRENDER. 275
particular demand 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 been affected 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.33 These privileges were afterwards confirmed,
but with little benefit to the gaining party: the decision substan-
tiated the claims of New Jersey under its own government;
but it did not delay, indeed it may only have hastened, the move-
ment which was directed by his Majesty's order, against the
government itself. This, 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. They now set forth that though
they were advised that their 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 would confirm their lands and quit-rents; the sole
power of purchasing lands from the Indians ; liberty of trading
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 no ships bound to those places, should be obliged to enter
35 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 New York, which has heretofore been noticed.
276 FINAL SURRENDER.
elsewhere, and that East and West New Jersey might be erected
into one distinct government, and have one General Assembly.
They proposed that the General Assembly should consist of thirty-
six Representatives, 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 Wfcst Jersey; but that no person
should be capable of being elected a Representative who should
not have one thousand acres of land in his own right within the
province 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.36 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 diffi-
culties and differences that had occurred in the provinces. Their
Lordships doubted whether any sufficient 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-
thority. 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 confusion and anarchy. That the proprietors themselves,
or a number of them, sensible of the necessity of his Majesty's
authority, had presented memorials, in which, though the memo-
6 This memorial was dated August 12th, 1701. Grants and Concessions,]). 601.
31 The surrender in West Jersey was not mentioned.
FINAL SURRENDER. 277
rialists "seemed" 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 offer an absolute and unconditional surrender so far as they
were capable of making it.38 That it was the desire of several
of the proprietors, that the Governor in office, Colonel Hamilton,
might 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
they 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 effectual in
law.39 As a mere historical summary, this memorial from their
Lordships may not be open to serious objection. But in other
respects, the view it presented was far from correct. The allega-
tions in regard to the insufficiency of the grants from the Duke of
York were wholly unfounded. The King of England had con-
No mention is elsewhere made of such a proposal.
* Grants and Concessions, p. 603.
278 FINAL SURRENDER.
veyed the country to the Duke and in a manner that was war-
ranted by the customs of the realm; he had conferred upon him
proprietary rights arid authority, in accordance with established
usage, he made the property and the power he granted, transfer-
able to "heirs, deputies, agents, commissioners and assigns."
To allege that the right of government held under such a grant,
was "inalienable from the person to whom it is given," 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. It is probable,
however, that the allegation above mentioned was no more than a
mere pretence. The privileges held and claimed by the proprie-
tors, were thought to be detrimental to his Majesty'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-
engenuous in the statement, that no sufficient 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 surrender upon
determined conditions, was probably 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 measure. 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 numbers, who had hitherto been quiet,
making an advantage of the confusion of the times, we're taking
FINAL SURRENDER. 279
up lands upon the Indian right, and thus arraying themselves in
opposition 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
fruitful in the other; there 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
grams. But serious difficulty had occurred from a different 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 offered 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 wholly unconcerned in the fac-
tions that had divided and distracted the provinces.40 The arrange-
ments for the contemplated change were not fully completed when
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 15th, 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. Two 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 proprietors 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.
40 Smith's New Jersey, p. 261.
CHAPTER XV
NEW CONSTITUTION OF GOVERNMENT. LORD CORNBURY S ADMIN-
ISTRATION.
"THE surrender of the Jersies," said William Penn, "is an
ugly preface." By this expression he probably meant to convey
the 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 bodies 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 withheld
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 16th of
November, 1702, being contained in a commission and instructions
given to Edward Hyde, Lord Cornbury, to whom its administra-
tion was entrusted.1 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 Caesarea, or New Jersey, in
America."
1 Lord Cornbury had been proposed as Governor before the death of King
William, but received his appointment from Queen Anne, to whom he was re-
lated ; he was the grandson of the Earl of Clarendon.
36
282 NEW CONSTITUTION 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 government. The government of the province of New
Jersey was to be vested in a Governor, Council and General As-
sembly. The Governor was to hold office at the pleasure of the
Crown. The Council were appointed by the same authority,
but the members of Council might be suspended for just cause,
by the Governor, who might also nominate to office, and appoint
members to serve in cases of death or absence, subject to royal
confirmation ; but the number could not be augmented or lessened
by him. The General Assembly was to consist (according to ad-
ditional instructions afterwards given by the Queen,) of twenty-
four Representatives, to be chosen, two by the inhabitants house-
holders of the city or town of Perth Amboy, in East Jersey; two
by the freeholders of each of the five counties of the said division
of East New Jersey; two by the inhabitants, freeholders, for the
city or town of Burlington, in West New Jersey; two by the in-
habitants, householders of the town of Salem, in the said division,
and two by the freeholders of each of the four counties in the said
division of West New Jersey. No person could be elected a
Representative who had not a freehold estate in his own right, of
one thousand acres of land, within the division for which he
should be chosen, or personal estate to the value of five hundred
pounds sterling ; nor could any person vote in an election for
Representatives who should not be possessed of a freehold estate
in his own right, of one hundred acres of land within the county
in which he should vote, or personal estate to the value of fifty
pounds sterling. The Assembly was to be called, and to sit,
alternately at Perth Amboy, in East New Jersey, and at Burling-
ton, in West New Jersey.2 The number of the members of the
General Assembly, or the manner of choosing them was not to be
changed except by an act of the Assembly, and confirmed by
Royal approbation. The Representatives chosen were to take
the oaths required by act of Parliament, without which they were
not to be capable of sitting. The Assembly was to be convened
3 In cases of "extraordinary necessity," the Governor, with the advice of his
Council, might appoint the meetings differently.
NEW CONSTITUTION OF GOVERNMENT. 283
by the authority and order of the Governor, with the advice of his
Council, from time to time as need should require, and the Gover-
nor might adjourn, prorogue or dissolve it according to his discre-
tion. It was prescribed that in enacting laws, the style used should
be, "by the Governor, Council and Assembly," and full power
was given to enact all laws, statutes and ordinances, for the peace,
welfare and good government of the province; such laws and
statutes not being repugnant to, but as near as may be agreeable
to the laws and statutes of the kingdom of England.3
The Governor was directed to propose to the General Assembly
and to use his "utmost endeavours" with them, that an act should
be passed for raising and settling a public revenue, for defraying
the charges of government, including particularly a competent
salary for himself as Captain General and Governor-in-Chief of
the province. He was also instructed, in order to the quieting the
minds of the people, and for settling the properties and posses-
sion of all persons, either proprietors under the original grant of
the province, or purchasers from them, to propose the passing of
an act or acts, whereby the rights and property of the proprietors
of the soil might be confirmed to them, according to their respec-
tive rights and titles ; together will all quit-rents that have been
reserved or that were, or should become due. Care was to be
taken that no other persons except the general proprietors or their
agents should be permitted to purchase any land whatsoever from
the Indians within the limits of their grants, and the Governor
was to permit the Surveyors and other persons appointed by the
general proprietors to execute their respective trusts, and if neces-
sary, to give them assistance, such persons taking proper oaths
for the due fulfilment of their offices, and also the oaths appointed
by acts of Parliament.
In settling a revenue, it was to be proposed to the Assembly
that such customs and duties should be laid upon commodities
imported and exported, as were laid upon similar commodities in
3 It was also provided that all laws of what nature or duration soever, should,
within three months or sooner after the making thereof, be transmitted for ap-
probation, and all such as were not approved, and the approval signified under
the Royal sign, manual and signet, or by order of the Privy Council, should
become utterly void, and no effect.
284
NEW CONSTITUTION OF GOVERNMENT.
New York.4 The Governor was required not to permit any
clause to be inserted in any law for levying money, or the value
of money, whereby the same should not be made liable to be ac-
counted for in England, to her Majesty's High Treasurer, or the
Commissioners of the Treasury; nor to suffer any public money
to be issued or disposed of, otherwise than by warrant under his
hand, by and with the consent of the Council.
To the end, that nothing should be done "to the prejudice of
our heirs and successors," it was ordained, that the Governor
should enjoy a negative power in making and passing all laws,
statutes and ordinances. He was also empowered, with the advice
and consent of the Council, to erect, constitute and establish such
and so many courts of judicature and public justice, as he and they
might think fit and necessary, and to determine the authorities,
fees and privileges belonging to them ; the proceedings in these par-
ticulars being subject to her Majesty's approval. The Governor
was also authorized to appoint Judges, Justices of the Peace, and
other officers for the administration of justice, and for putting the
laws in execution. He might pardon all offences against the
laws, (except in eases of treason or wilful murder, when re-
prieves only could be granted,) and remit all forfeitures and
fines. He was empowered to provide for the defence of the pro-
vince, to execute martial law in cases of invasion or insurrection,
and to do every other thing that might of right appertain to the
office of Captain General and Governor-in-Chief. In case of the
death or absence of the Governor, his duties were to be performed
by a Lieutenant Governor, commissioned by the Crown, and if
no such officer should be in the province, the oldest Councillor,
whose name was first placed upon the Governor's instructions,
should take upon him the administration of government.
Certain general provisions in relation to the privileges of the
people were also contained in the instructions. No man's life,
member, freehold or goods, should be taken away, otherwise than
4 It was ssaid that "the trade and welfare of the province of New York would
be greatly prejudiced, if not entirely ruined, by allowing to the inhabitants of
New Jersey any exemption from those charges which the people of New York
were liable to."
NEW CONSTITUTION OF GOVERNMENT. 285
by established and known laws, and liberty of conscience was to
be allowed to all persons, (except Papists,) who should conduct
themselves in a peaceable and quiet manner without giving offence
or scandal to the government. Those persons in the province
who made a religious scruple of swearing, were to be relieved, by
allowing them to take a solemn affirmation instead of an oath.
Due encouragement was to be given to merchants and other
traders, and especially the Royal African Company of England ;
and it was recommended to the company that the province should
be constantly supplied with "merchantable Negroes," at moderate
rates. Laws should be passed to discourage inhuman severity
against Indians and Negroes, and the best means were to be used
for their conversion to the Christian religion. The Governor
was to take care that God Almighty should be devoutly and duly
served throughout his government, to which end, a special form of
service, with the doctrine and discipline of the Church of England,
was to be encouraged and maintained.
The bearing of the new government upon the condition of the
parties concerned, may be readily perceived. The former pro-
prietary bodies had lost a claim to authority which they had
scarcely been able, if greatly desirous, to retain and enforce ; but
they were now to be secured under royal assurance and direction,
in the enjoyment of property. The people generally gained nothing
whatever, but were losers in many particulars. The government
was far less favorable to popular interests and rights than those
which had previously existed. The Representative body in re-
gard to their meetings and sittings were made wholly dependent
upon the will of the Governor. The establishment of courts and
the determination of their respective powers, with the salaries and
fees of the officers were to be regulated by the Governor and
Council; the people, or their Representatives, were allowed
scarcely any part or power in the institution and control of the
judiciary department of government. The public revenues were
to be raised and disposed of, under strict accountability to the
Governor, and the authorities in England ; the independent action
of the popular Representatives in matters of revenue, extended
little further than to fix and determine the amount of grants. The
complete religious freedom formerly enjoyed, was reduced to an
286 LORD CttRNBURY's ADMINISTRATION.
imperfect toleration. Papists were wholly excepted from the grant
of liberty of conscience, and the influence and patronage of govern-
ment was to be given in favor of a particular church.5
The institution of slavery, which though formerly existing, had
not been fostered, was now urged upon the province by royal re-
commendation. As a still more decisive mark of the character
and temper of the government, a direction was given, that "foras-
much as great inconveniences may arise by the liberty of printing
in our said province, you are to provide by all necessary orders,
that no person keep any press for printing, nor that any book,
pamphlet, or other matters whatsoever be printed without your
especial leave and license first obtained."
Lord Cornbury arrived in New Jersey in August, 1703. The
Council had already been appointed.6 His instructions required
that he should convene his Council and "with all due solemnity"
cause the commission he had received to be read and published
at their meeting, and also that proclamation thereof should be
made throughout the whole of the province. This being done, an
order was issued for the choice of members of the General As-
sembly, and the Representatives elected convened at Perth Amboy
on the 10th of November, 1703. Nearly the whole number
allowed, had been chosen, and were in attendance.7 Thomas
Gardiner, a Representative from the town of Burlington, was ap-
pointed Speaker.
The change that had taken place in the character of government
was indicated by the manner of proceeding at the opening of the
s The Churches already built were to be well kept, and others erected ; a
competent maintenance to be assigned to the minister, a convenient house built
for his accommodation, at the common charge, and a sufficient proportion of
land be assigned for his use. The Governor was empowered to prefer any
minister to any ecclesiastical berfefice in the province, provided however, that a
certificate should first be had from the Right Reverend Father in God, the Lord
Bishop of London, of his being conformable to the Chinch of England.
• 6 The Council had been appointed by the Queen. They were Edward Hun-
loke, Lewis Morris, Andrew Bowne, Samuel Jenings, Thomas Revel 1, Francis
Davenport, William Pinhorne, Samuel Leonard, George Deacon, Samuel
Walker, Daniel Leeds, William Sanford, and Robert Quarry.
'Twenty-three members were present. The names are given in Smith's
New Jersey, p. 276.
LOUD COKNBURY'S ADMINISTRATION. 287
session ; the forms of address expressive of deference to the re-
presentative of royalty, were adopted by the Assembly in address-
ing the Governor. They asked that the members, with their
servants, might Jbe free from arrest or molestation during the con-
tinuance of the session ; that they might have free access to his
Excellency's person, as occasion might require ; that they might
have liberty of speech, and a favorable construction of all debates
that might arise ; and that if any misunderstanding should occur
between the Council and the House, that a committee of the
Council might be appointed to confer with a committee of the
House for adjusting all differences. These requests were granted
by his Excellency, excepting the last, which was denied as being
"an innovation."
The Governor proceeded to explain his situation and aims, in
a speech to the Council and Assembly. He stated that her most
Gracious Majesty had been pleased to honor him with the trust
of government, and had commanded him to assure them of her
protection; he set forth, that under her auspicious reign they
might enjoy all the liberty, happiness, and satisfaction that good
subjects could wish for, and he did not question but that they
would do all that could be required of faithful subjects. He re-
commended that they should endeavour "heartily and seriously"
to reconcile the unhappy differences that had heretofore existed ;
stated that they were now met for the purpose of passing such
laws as might conduce to the quiet and welfare of the province; and
that he was commanded to recommend to them to raise a revenue
for the support of the government, and to settle the right and
property of the general proprietors to the soil of the province,
according to their respective titles, together with their quit-rents
and other privileges.
The reply of the Representatives was marked by a degree of
warmth and courtesy, that would almost seem to have exceeded
the limits of prudence. They returned "hearty thanks" for his
Excellency's kind expressions, and said they were assured that
the proprietors, by their surrender of the government, had put the
people and province in much better circumstances than they were;
the former rulers not being able to give protection "from the
villanies of wicked men," and they said, that having an entire de-
288 LORD CORNBURY'S ADMINISTRATION.
pendence upon her Majesty, and relying upon her protection,
their best endeavours should not be wanting to accomplish those
things that would give her content, and be to her honor.
The change of government that had occurred might have seemed
to be the cause of satisfaction in view of the disorders that had
formerly prevailed in the province, but the cost of the restoration
of order was yet to be determined. If quiet was to be secured by
the exercise of arbitrary power, there would be but slight occasion
for rejoicing on account of the change. That such, to a great ex-
tent, was likely to be the case, under the administration of Corn-
bury, was not long in appearing.
The recommendations of the Governor were acceded to by the
House by the preparation of bills upon the subjects he had men-
tioned, and they were directly presented to him for approval ; but
only one received his assent.8 The others were not so framed as to
correspond with his views. On the 13th of December, the House
was prorogued ; his Excellency expressed his regret that the bills
prepared could not have been despatched, but that the matters
contained in them were "of so great moment, the difficulties so
many, and the time so short that it was impossible to finish."
The authority which the Governor was disposed to exert in
directing and controlling the legislative body, was thus exhibited
at the beginning of his course.
The next sitting of the Assembly was held at Burlington, be-
ginning on the 7th of September, 1704. The Governor again
presented to the body the particulars formerly brought to iheir
notice, urging especially the enactment of laws for determining
the rights of the general proprietors, and for raising a fund for the
support of the government. Some occurrences had also taken
place which afforded an occasion to represent,, that a necessity
existed for raising a military force. All these were matters with
which the Governor had been charged in his instructions, and his
bringing them before the Assembly was no more than an act of
official duty. But they were also matters of difficulty. From
the very beginning of the province the proprietary rights and
* This was an act prohibiting the purchase of land from the Indians hy any
except the proprietaries.
LORD CORNBURY'S ADMINISTRATION. 389
claims had been a subject of dissension, and in East Jersey these
claims had been a principal cause of disturbance and of the oppo-
sition of the people to the proprietary government. Yet now it
was proposed that they should be confirmed by the new authori-
ties. The claims were just, and it may be that the members of
the Assembly themselves were not averse to such a confirmation,
but whether so or not, they could not but feel a degree of embar-
rassment on account of the state of popular opinion and feeling.
The support of government was a subject of scarcely less diffi-
culty. The weight of government in a pecuniary sense, had hither-
to been, light; the burden of heavy salaries was unknown, and
such an amount as would be answerable to the Governor's
views, might prove to be productive of much discontent. In re-
gard to the provision for a military force, a degree of caution was
also required. A strong feeling averse to all such measures ex-
isted in a portion of the province, and this feeling would not be
likely to yield, except to a very limited extent, to the reasons for
the present demand.9 Hence the action of the Assembly upon
the business before them was somewhat hesitating and tardy.
They finally resolved upon raising the sum of thirteen hundred
pounds per annum for the support of government, to continue for
the term of three years. But the Governor expected and re-
quired a far larger sum, and manifested his dissatisfaction in a man-
ner extremely imprudent and hasty.10 He abruptly dissolved the
Assembly, and issued .a direction for the choice of a new House,
to meet on the 13th of November following. By these steps he
not only precluded action upon the other matters before the As-
sembly, but excited feelings little favorable to future harmony be-
tween the different branches of government.11 His subsequent
' A French privateer had appeared on the coast and had committed some
depredations. The Governor required that a watch house should be erected,
and a general militia law he passed. S/ratk's New Jersey, p. 282.
10 Gordon states that the Governor required the sum of two thousand pounds
per annum for twenty years. . -
" It will subsequently appear that beside the displeasure of the Governor on
the account here mentioned, an additional reason was supposed to exist for his
hasty dismissal of the House. It was suspected, or was alleged, that he was
not really desirous himself, that the House should proceed in the matter relat-
ing to the proprietary rights-
37
290 LORD CORNBURY'S ADMINISTRATION
proceedings were not more wise. With a view to procure a
House more liberal or compliant in temper, the election was "in-
dustriously managed." But the "management" not being suc-
cessful in securing a majority of members supposed to be favorable
to the Governor's views, another expedient was resorted to. By
the advise of his Council, a resolution was taken that some of the
members lately elected should not be admitted to their seats, upon
the pretence that they were not possessed of the amount of pro-
perty required in the constitution of government. Accordingly,
when the members presented themselves, the oaths were refused
to three individuals, Thomas Gardiner, Thomas Lambert and
Joshua Wright, members elect from the western portion of the
province. They were therefore prevented from taking their seats.12
It is somewhat difficult to bring the mind to the belief that so un-
worthy a course of procedure, could be devised, and carried on to
completion. But the fact of the rejection of the members is quite
indisputable, and that it was done to secure a subservient House,
is the judgment that history has given. The immediate object
proposed was attained. By the rejection of the three individuals,
a majority was secured prepared to second tlje demands of the
Governor, as well as to gratify his weak ambition. He was com-
plimented by the House, whose privileges he had outraged, for his
mode of conducting the government; it was carried on, as they
said, "with great diligence and exquisite management to the ad-
miration of his friends, and the envy of his enemies." The
measures of such an Assembly might be expected to be compliant.
The sum of two thousand pounds per annum was granted for two
years, for the support of government. An act establishing a militia
was agreed to, with provisions so rigid, as afterwards gave rise to
well founded objection and opposition; an act of amnesty for
13 Members when elected were not allowed to take their seats until the oaths
had been administered. In this particular the Governor was warranted in his
acts by his instructions, so also he was in regard to the property qualifications
of the members. But the cases in question were prejudged. The Governor
acted without any examination, upon the mere information or advice of his
Council, or some of them. Still more, there was nothing in the Governor's
instructions giving to him the power to make an examination and decision in
such
ADMUVISTRATION.*"
• **"•* ****
all offences Committed doling the ifisjjirbances that-Jhad forme^y •
Occurred ia^th^rpj-ovinee", was also passed... **Somte otjier enact^,
ments were madje'wn'isi), wjtlymt a knowledge pfV^be jpartieula». »
circumstane.es ami «nove!fterits of the time, would seem* Ik'tle
consistent with the geiieral courae'of the Assenibly'ror^with the
views of the Go.vernor.. A bill' was prepared and passed, re-
.movfng'the' restrictions in regard^ to" the- qualifications of electors
and the elected, so far as to" admit all freeholders, and also
declaring that the Representatives met in General -Assembly,
were, ^and should be the judges of the qualifications of their
own jnembers. This, enactment was probably partly designed.
as a means of reducing the proprietary! interest and influence,
as well as. 'to define th'e rights t>f the Representatives.13 In ac-
cordance.with their declaration, the. -House' prticeeded, after some
delay, to an inquiry in reference to the cases of the excluded
members,. and decided that they were properly qualified, and
made a request to the Governor that they might' be sworn, a -
request however, which was not complied with until the next
meeting of the Assembly, when there Was nothing to be gained
by a longer exclusion. The course of the Governor in the
several proceedings just noticed, excited much dissatisfaction.
The feeling of discontent that arose was not confined to the parties
immediately concerned ; it extended in a short time to the pro-
prietary bodies, by whose instrumentality in part, the government
had been introduced and established. Their own advantage and
credit, as well as a degree of sensibility to the interests of the colo-
nists, made them observant of the course of affairs ; and the pro-
prietors of the western division addressed a memorial respecting
the transactions that have been mentioned, to the Lords Commis-
sioners of trade and plantations. They acknowledged that the
government had been instituted in accordance with the proposals
13 An analysis of the proceedings of the time would lead to the conclusion,
that there was a balancing of interests between the Assembly and the Governor.
The latter had been anxious to obtain a House that would give an increase of
revenue, and in this he was successful. But it would seem that the prevailing
interests in the House was opposed to the ancient proprietary claims, which
the Governor had been instructed to protect, but he yielded in one particular, in
order to secure a gain in another. Smith's New Jersey, p. 339.
292 LORD CORNBURY'S ADMINISTRATION.
previously made, but they stated, that the administration there"ol
had differed much from their expectations. That they had relied
upon the grant of a free Assembly, as the chief security of their
estates in the province, but that this part of the constitution had
been virtually destroyed. That the first Assembly had been dis-
solved because they declined, to j^rant the amount required by the
Governor, and that many artifices had been used to procure
another more to his humour, and in particular, that three of the
members returned, had been objected to, and prevented from enter-
ing the House, upon groundless pretences. This, the memorialists
"conceived was an invasion of the rights of the Assembly, and if
tolerated, would place fhe whole government in the hands of the
Governor. That by this procedure a majority was given in the
House who gratified the Governor in granting a revenue, but had
made an enactment placing the right of choosing and being chosen
to the Assembly in all freeholders, which act the Governor had
no authority or color from his instructions, to pass. Such an act
they regarded as injurious to them, as it would lead to the election
of Representatives who were unfavorable to their rights and in-
terests. That contrary to the instructions given him, the Gover-
nor had also assented to an act for taxing unprofitable lands, on
account of which many persons who had agreed to purchase had
renounced their contract, and that the Governor had also assumed
the power of granting fees for patenting lands. These acts they
said, were so contrary to the terms of the surrender, and to the
assurances given at the time, and to the terms of the Governor's
instructions, that they thought it not improper to protest, and they
did protest, against the proceedings of the last Assembly, the
country not being duly represented therein, and they asked the
interposition of her Majesty, that the acts passed by the Assembly
should not be confirmed.
At the meetings of the Assembly in 1705 and 1706 nothing of
importance was transacted.
During this period the Council of Proprietors of the western
division, of the province (whose constitution has heretofore been
noticed) continued to hold their meetings, and to transact business
in the same manner as before the surrender of government.
Governor Cornbury conceived that the action of this body inter-
LORD CORNBURY'S ADMINISTRATION. 293
fered with -his authority or interests. Hence, upon their meeting
in 1706, 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 they prepared a statement, set-
ting forth the constitution and establishment of the body; that they
were entrusted with the management of all affairs relating to thje
landed interests of the proprietors ; that they purchased land fr6m
the natives, ordered surveys, granted warrants, and inspected the
rights 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 were sufficient to
give a clear manifestation of the state of affairs in the province.
It was easy to perceive the nature of the "protection" which was
to be experienced under the new government, it was sufficiently
apparent that the liberty which had formerly been enjoyed by the
people, and which by some had been abused, was now to be
greatly restricted. But 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 regard 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.14
Jenings was chosen Speaker of the House. Shortly after the
reception of the Governor's address, the House resolved itself into
14 Jenings and Morris had been members of the Council, but had been sus-
pended by the Governor on account of their opposition to his measures.
294 ^ LORD CORNBU.RV'S ADMINISTRATION*.
a gsne/af committee for the consideration of grievafiees. They
continued "their,,sittings from day to day v and finally agreed upon."
a petition to the Queen, and a remonstrance to the Governor. '* In
the latter Jth$y expressed dissatisfaction on account of. his Excel-."
•lency'* continued absence from the province, by which a full and
.timely acquaintance with many important affairs was prevented.
They also complained of several delin(fuencies- ni 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 larw had thus been frustrated. They
set forth that fees had been demanded of persons before" anthills
had been -fOtfnd against them, and who were therefore to be reck-
oned innocertt 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 kno'wn laws, and they asked
that the assent of the Governor might be given to an act for de-
termining fees.15 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 benign influences of her mild government,"
and that they should be protected in the full enjoyment of their
liberties and properties^ but that it was their misfortune to find
that the event had not answered to their expectations. They
alleged that the prohibition of the Governor prev enting the Coun-
cil of Proprietors from issuing warrants for taking up lands, was
an infringement of their rights. That when the proprietors sur-
" The Governor and Council were authorized by the instructions to regulate
feea. but the Assembly insisted that the Governor could only regulate fees
already established, so as to see that no exaction was practised.
LORD CORNBURY'S ADMINISTRATION. 295
rendered the government, they did not part with the soil, or the
right to manage their interests therein, as they should think fit,
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.16 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*7 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
precluding 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. "Liberty"
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, that are not moved by the miseries of their country, and
are not forward with their utmost power lawfully 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 CORXBCRY'S ADMINISTRATION.
pressive by 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
passages with a greater degree 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 ungracious 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.17 That the power
of pardoning and reprieving criminals after condemnation, had
been entrusted to him by her Majesty, and that he was account-
able to none but her, for its exercise, and that in the settlement of
the fees of officers, he was also authorized by the instructions
that had been given him. In relation to the prohibition 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 should 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 individuals
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 property qualification
was required of every member, 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 rejecting them; but he
further stated that he had afterwards recommended to the Assem-
" Colonel Ingoldsby was Lieutenant Governor under Cornbury.
LORD CORNBURY'S ADMINISTRATION. 297
bly to inquire into the case, and that they .had, after some delay,
reported in favor of the members, but had not furnished him at
the time, with the evidence upon which their conclusion had been
founded, but this being afterwards done, at his order, he had 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 had ever been offered him ; that he had dis-
solved the first Assembly because it was evident that 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.18 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 the 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.19 But directly upon the
meeting of the House, the consideration of the matters formerly
19 It is certainly true that the Governor had made such recommendations, but
it is yet positively 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 recommendations and professions.
19 By the intervention of the Governor the meeting was further deferred to
October.
38
298 LORD CORNBURY'S ADMINISTRATION.
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 sufficient 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
which they laboured. That they had no occasion to search
for "imaginary grievances," as real ones abounded. These
grievances they again set forth and 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 not
the Quakers, with whom (as such) they had nothing to do, but
who would probably be able to vindicate themselves from the
aspersions that were thrown upon their persons and profession.
They repeated, that their 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. That
they could not but consider his absence from the province for the
greater part of the year, as a disadvantage, especially as the se.al
of the province was kept by him, and as the Lieutenant
Governor, either under orders, or from his own disinclination to
serve, entirely refused official employments. That the Gover-
nor had no authority to pardon wilful murderers (as the persons
before referred to were) though he might 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 the
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-
veying and recording grants of lands and collecting quit-rents,
should take the oaths prescribed, but that the Council of Proprie-
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 management of their properties, and were in
no wise effected by the regulations in question ; if these regula-
LORD CORNBTJRY*S ADMINISTRATION. 299
tions applied to the Council, no person could appoint an attorney
but with the Governor's consent and approbation. The only
persons affected by the terms of the instructions in relation to
taking the oaths, were those who had been specially appointed for
surveying, and recording the surveys of land, and receiving the
quit-rents ; but 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 instructions, they said, had either been entirely
mistaken, or wilfully perverted.
In relation to the case of the rejected members of the Assembly,
the House again asserted, that there was not the slightest color of
authority for the course of the Governor 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 of 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.
The discussion between these parties involved an important
issue. The 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 the Lieutenant
Governor and some of the Council, and was privately transmitted
300 LORD CORNBURY'S ADMINISTRATION.
to her Majesty. They set forth that they had seriously consid-
ered the proceedings of the late Assembly of the province, and
felt bound to express their dislike and abhorrence of the same ;
that they were high 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 Excellency, 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
militia, 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 agaTnst 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 recommended that the militia bill should be revived
or renewed, as the present one would shortly expire, and also that
laws should be passed for confirming the rights and property of
the general proprietors, as well as to settle the titles and estates
of particular persons.
In their reply, the Assembly declared that they had always
LORD CORNBURY'S ADMINISTRATION. 301
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 themselves. 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 mere 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 estates of particular persons."20
The Governor finding the disposition of the Assembly to be
unchanged, and that nothing could be gained but by concessions,
which he was little 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, a'nd which
were subversive of the rights of the people. To procure an Assem-
bly more favorable to his wishes, he interfered with elections, and
ventured upon the bold expedient of rejecting the members re-
K Smith's New Jersey, Gordon's New Jersey.
302 LORD CORNBTJRY'S ADMINISTRATION.
turned. The 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 show and expensive pleasure, subjected him to wants
which the colonists had neither the ability, 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 unworthiness of
his aim. In the direction of government in New York, the 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.
CHAPTER XVI.
ADMINISTRATION OF GOVERNMENT BY LOVELACE, INGOLDSBY, HUNTER,
BURNET, MONTGOMERIE AND COSBY.
THE successor of Cornbury in the government of New York
and New Jersey was John Lord Lovelace, Baron of Hurley.
Ingoldsby, the Lieutenant Governor, continued in office. 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 Marchr 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 differences 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 that 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 doubt but that a hearty agreement would now be
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 amicable
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, arid 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.1
This power was now exercised by making a change in relation to
the qualifications of some of the electors. Under existing regula-
tions, the members for the towns of Perth Amboy, Burlington and
Salem, had been elected by the inhabitants freeholders of these
places respectively, but it was now enacted that the electors in
the towns, as in the counties, should be freeholders. It was also
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."2
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 for the purpose, but the
efforts of the Assembly had been defeated from time to time, and
' It was prescribed in the instructions that no such changes should be made
except " by an act or acts of the General Assembly there, and confirmed by us,
our heirs or successors."
- It has been seen that a former Assembly had made enactments upon the
same subject; but different from the present law, in many particulars.
INGOLBSBY'S ADMINISTRATION. 305
at length, the defath~of the G/overn'or, and the accession of Ingplds-.
by to the 'principal place-in the province, rendered it necessary to
.suspend the de'sign. '.At.tthis peri»d the distant relations of the
country were such as to' in-volve the inte-resTs, and to demand t-he
attention of the proviticial government.' -The French nation had
acquired possession of extensive portions of country in America,
and their claim had beto acknowledged by England, in the treaty
of 1632. A powerful and a'ctive opponent .of England and of
Engl'ish interests, had thus become established on the borders of
the American colonies. In 1702, war had been declared by
England against the French, and the latter nation taking advantage
of the occasion, had made incursions from their possessions" in
America, upon the neighboring English provinces. These at-
tempts were carried on with so much perseverance and vigor that
the French forces had succeeded in penetrating into the country
as far as to the Merrimack Riverj 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 squadron 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 by Colo-
nels Nicholson and Vetch, were to make an attempt by the lakes.
Instructions were given to Colonel Vetch to demand the co-ope-
ration of the s.everal colonies, and New Jersey was required to
furnish two hundred men for the enterprise.3 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
3 Smith's New Jersey, p. 362.
39
306 INGOLDSBV'S ADMINISTRATION.
Port Royal, in Nova Scotia, 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 great promoter of
military expeditions."4 But the same expedient was afterwards
resorted to, and became a part of the 'policy of government. It
was a policy capable of being made highly 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 mortgage
upon future and uncertain advantages and means. In New Jersey
endeavours were made to guard against, the evils of the system,
by a careful restriction of the amount, and timely regulations for
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 some
city, town or county of that division in which he was chosen. It
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 the
places where they resided, rather than by a desire for the pros-
perity of the parts they represented. It was also set forth that it
was absolutely necessary that the Assembly, when met, should
4 Douglass' Summary. Douglass was a strenuous opponent of paper money.
He says that "The Sham Canada Expeditions" in 1709 and 1711, Jed this
province and all the other Bri ish provinces to the northward, into a pernicious
paper currency called public bills of credit. Summary, p. 28f>.
HUNTER'S ADMINISTRATION. 307
have full power over the members, which would be precluded if
they were inhabitants ofother provinces.5 The Assembly also
passed an act to ascertain and determine the boundaries of the
several counties in the province. Another enactment was made
which 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 Ingoldsby had rendered him odious in New Jersey; and
he was but little more in' favor in "New York. At length the
united remonstrances 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 1.0th of June, 1710, by the
arrival of Brigadier General Hunter, with the commission of
Governor of New York and New Jersey.6 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 the Assembly of New Jersey on the 7th of December,
1710. 7 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 by 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.
6 Gordon's New Jersey, p. 86. " Votes and State Papers, vol. 1, p. 2.
308 HUNTER'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 difference 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 "-ail power exce.pt that of floing 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 instance's 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 tp the" worst administration the province had'ever knqwn, and
. they considered the appointment o.f hi« Excellency, the present
' Governor, as a new mark of royal favor. Let not ill-men, they
said, be put or continued in power, let l>er Majesty's subjects
enjoy their liberties aad properties according to the laws, and
then the grounds of-disputes would be removed. They said that
' they hail always considered it reasonable to support a gpvern-
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 Council. Several of the members of
this body had served jn former administrations, and had been
concerned with Lieutenant Governor Ingoldsby, in making the
representation to the Queen containing charges against a former
Assembly. These persons had thus become, placed in an attitude of
HUNTER'S ADMINISTRATION. 309
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 obstpuct the measures of the Assembly,
even, as it would seem, to the manifest injury of the interests of
the province. Several bills which appeared to be rendered neces-
sary by the state of affairs at the time, and which were certainly
in accordance with the rights, as well as the wishes of the people,
were rejected by the Council.8 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 Majesty, to the Governor, he
was directed to cause a» act to be passed in the GeneraKAssembly
of the province, like to .that which had been passed in England in
the reign' of William the Third, allowing the solemn affirmation
• 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 pro-vision 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,
8 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 w«re 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.9 This 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 brought 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.
These proceedings ,of the Council wore the appearance of mere
factious opposition, and were directly calculated to excite to 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 a notice of the former acts of the Council.
The address of Governor Ingoldsby and his Council to the Queen
was accordingly taken up and read in the House.10 By a vote the
address was declared to be a false and scandalous representation
concerning the Legislative body of the province, and that no one
who had signed the address was fit to be a member of the Hou^e,
and one of the members who acknowledged that he had signed it,
was forthwith expelled.11 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 misfortune 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 were to be governed by laws. The Gover-
nor, they said, "had sacrificed his own reputation, the laws, and
9 The committee were Doctor Johnston, Isaac Sharp, Jacob Spicer, William
Sandford, John Reid, and Kobert Wheeler. They were instructed to prepare
and bring in a bill for explaining an act of this province past in the third year
of her Majesty Queen Anne, entitled "an act for settling the militia of thid
province, and for relieving persons aggrieved thereby."
16 This address had been signed by Richard Ingoldsby, William Pinhorne,
Roger Mompesson, Thomas Revell, Daniel Leeds, Daniel Coxe, Richard
Townley, William Sandford, and Robert Quarry. Pinhorne, Townley, Coxe,
Mompesson, and Quarry were still in the Council.
" Major William Sandford.
HUNTER'S ADMINISTRATION. 311
our liberties to his avarice." That the efforts that had been made
to procure redress had proved effectual, and that no relief was
experienced unfil the arrival of Lprd Lovelace, which gave an
expectation of better days^ That upon the first sitting of the
Assembly after the arrival of Governor Lovelace, he had commu-
nicated to them for their information, " The address of the Lieu-
tenant Governor and Council of New Jersey," in which the ad-
dressors endeavoured to make injurious impressions upon the
Governor against others, and to secure his favor to themselves by
the grossest fawning and flattery. This address, said the Assem-
bly, "from the peculiarity of the language, and the unintelligible-
ness of the terms, ought never to be forgotten.12 But yet it was
said these addressors-were not true friends to Lovelace, and had
caballed against him, and Governor Hunter was warned, that he
too, might expect to experience their treachery. An examination
of the address of the Lieutenant Governor and Council was then
entered upon. The Assembly asserted, that though it purported
to be a thing agreed upon in Council, that it had not been formally
passed, but that the assent of the members had been given at dif-
ferent times and places. That in its general character, the address
was open to much objection, that it was full of epithets and vague
assertions, and that if the addressers had merely sought to make
a show of an abusive talent, they had certainly fully succeeded.
But the statements that were given in the address were said to be
entirely groundless. That the charge of a desjgn to throw off all
allegiance, and to revolt from the Crown of England, could only have
been made in order to mislead or to prejudice the Queen; that no
sober man could believe that any such design had ever existed, or
did exist. New Jersey was one of the smallest of her Majesty's
colonies, and the least capable of making any defence ; that it con-
tained no fortification exceeding a stone house, and of such but
few, that a great part of its people were Quakers, who from their
principles were opposed to war; that under these circumstances
to declare that any persons were exciting to open revolt, was a
"In the address to Lord Lovelace, he was told that "your Lordship has not
one virtue, or more, but a complete accomplishment of all perfections," with
other expressions equally extravagant.
312 HUNTER'S ADMINISTRATION.
charge scarcely Less ridiculous than malicious. And as to the
refusal of the Assembly to- support the Queen's government, or to
' defend it by settling* a militiaj the facts themselves might be ap-
pealed to; that,they had made provisions according fq.the ability
of the province, and that lately, when the expeditiorr.to Canada
was on foot, they had given three thousand pounds, and this when
some of the addressers themselves had done all they could to
frusti»te the -grant. That an act had been made in the time of
Lord Lovelace for settling the militia, which had likewise met
with much opposition. Several particulars were also set for.th in
relation to the conduct of the members of the Council, which,
(even with the abatement to be made in the statements, on account of
party exasperation,) must yet be allowed to show, that some of the
executive officers had exercised their powers in a manner oppres-
sive and unjust, and that others had been guilty of most serious
moral delinquencies.
The Assembly expressed their concern that they had so much
reason to expose a number of persons who had combined to do
'New Jersey all the' hurt in their power. They said that her
Majesty had been graciously pleased to remove Lieutenant Gover-
nor Ingoldsby, a favor "for. which we cannot sufficiently express
our gratitude," and they intimated with entire distinctness, that
the province would be benefitted by other removals. They de-
'clared, indeed, that justice could never be done whilst certain
members of the Council continued in places of trust within the
province.13
Governor Hunter received the address of the House in a man-
ner indicating a desire to act in his office with impartiality and
justice'. He replied, that her Majesty had given him directions
to reconcile the differences existing in the province, but if this
could not be done, he should make a representation to her; and he
did not doubt but her Majesty would take such measures as would
give general satisfaction. But the Governor was either convinced
of the justice of the statements that had been made by the House,
13 These persons were named, they were William Pinhorne, Roger Mompee-
son, Daniel Coxe, Richard Townley, Peter Somnans, Hugh Huddy, V» illiaru
Hall, and Jeremiah Basse. Smith's New Jersey, p. 393.
HUNTER'S' ADMINISTRATION. 813
or perceived that no harmony of action could be expected whilst
the members of the Council,- who had 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
fo'r'a new unctertakipg. Colonel Nicholson; who'had directed the
fdrmer 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 col orfies, requiring" that measures
should be taken for providing the necessary aid in men and sup-
plies. For this purpose the Assembly of New Jersey was sum-
mcjied, 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 officers, and all to be properly furnished
with pay and provisions. The Assembly responded' to the de-
mand. An act was passed for raisin'g five thousand pounds, for,
and towards the encouragement, -pay, provision, 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 Assembly
with thanks for their despatch. But the expedition for which
extensive preparations had been made, and from which much had
been expected, totally failed in execution. It left a debt upon
New Jersey, 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 kindness. He referred to the goodness of her
Majesty in removing from their places, those officers who had be-
come obnoxious to the Assembly and the people. He said, that he
was persuaded that the efforts of these persons would not be able to
40
314 HUNTER'S ADMINISTRATION-.
destroy the harmony and confidence that now subsisted between
the different branches of the government.14 In this confidence,
he recommended to the House the adoption of such measures
as the situation of the province appeared to require. He urged
that provision should be made for past arrears, and the future
support of the government, and also for affirming and ascertaining
the respective properties of the proprietors, and people.
The Assembly, in reply, expressed their satisfaction in again
meeting the Governor, and hoped, that as the persons who had
hitherto obstructed the welfare of the country, were now removed,
the pleasure of such meetings would be oftener experienced.15
They acknowledged themselves to be under the greatest obliga-
tions to the Queen, and trusted that their actions would manifest
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 which had formerly been rejected by the Council, and
to pass others which were supposed to be required. The sum of
two thousand five hundred pounds was granted for the support of
government for two years. An act was passed that the solemn
affirmation and declaration of the people called Quakers, should
be accepted instead of an oath in the usual form, and also for
qualifying and enabling the 'said people to serve as jurors, and to
execute any office pr 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 them, and pre-
scribed that all persons summoned to serve upon grand inquests,
should be worth at least one hundred pounds in real estate, within
the county for which they should serve, and that all persons sum-
moned to serve on petit juries, should be worth one hundred
" Pinhorne, Coxe, Somnans, and Hall, had been removed from the Council,
and soon afterward John Anderson, Elisha Parker, Thomas Byerly, John
Hamilton, and John Reading, were appointed.
14 An intimation was thus given tha't more frequent meetings of the Assem-
bly would give greater satisfaction-
HUNTER'S ADMINISTRATION. 315
•pounds in real and persona] estate.16 The militia law of the pro-
vince was settled with new and more liberal provisions. An act
was also passed "for regulating slaves." The encouragement
given to slavery in the instructions of the Queen, had tended to
give it a permanent place in the province. The regulations now
made were designed to protect the masters by preventing the
elopement or absence of slaves, and also to enforce the good con-
duct of the latter. And it was also provided " that no negro, Indian,
or mulatto that should afterwards be made free, should be allowed
to enjoy, hold or possess any houses, lands, tenements, or here-
ditaments within the province, in his or her fee simple, or fee tail,
but that the same should escheat to her Majesty, her heirs and
successors." And it was also provided, that inasmuch "as free
negroes were an idle and slothful people," that any person manu-
mitting and setting at liberty any negro or mulatto slave, should
enter into sufficient security to pay yearly and every year to such
negro or mulatto during their lives, the sum of twenty pounds.17
It was also enacted that a duty of ten pounds should be paid on
every negro, Indian, or mulatto slave imported into the province.
It may be supposed that this tariff upon slaves was established
less with a view to the raising of revenue, than to the discourage-
ment of the traffic itself. Regulations were made for the more
precise determination of the limits of some of the counties, and a
new county to be called "the county of Hunterdon," was erected.
It was taken from Burlington." To Hunterdon was given all the
powers, jurisdictions and privileges that belonged to other counties,
except a choice of members to the General Assembly, which was
reserved until her Majesty's pleasure should be known, or until it
should be otherwise ordered by the General Assembly. The people
of Hunterdon were to continue, in the interim, to act with Burling-
ton in the election of Representatives. An enactment was passed
by the Assembly regulating in certain particulars the administra-
tion of justice in the courts of the province, and for reviving and
continuing courts in some of the counties.
16 The instructions required that some limit should be set in .goods or lands
below which persons should not serve as jurors. Article 88 of Instructions.
" Allinson's Laws of New Jersey, p. 24.
316 HUNTER'S' ADMINISTRATION.
The business of the session being concluded, the House was
adjourned with expressions of satisfaction from the Governor.
He thanked the House for the support that had been given her
Majesty's government, and the salu-tary enactments that had been
made; some things, he observed, that "fn their nature were acts
of favor, I have agreed, to be made; acts of Assembly, that your
share may be greater in the grateful acknowledgements of your
country."18
A period succeeded in which nothing occurred of sufficient im-
portance to the province to call for more than incidental observance.
The peace of Utrecht, which was concluded on the 31st of
March, '1713, put an end to hostilities between England and
France, and relieved the colonies from the dangers and the de-
mands, which, the prosecution of the war had subjected them to.
On the 1st of August, 1714, the death of Anne Queen of England,
took place. Her reign had been one of importance in English
history, and of especial interest to the province of New Jersey
from the change which occurred in the form, of its government.
Upon the accession of George the First, which took place August
6th,' 1714, a new commission was sent to Governor Hunter, and
an Assembly was summoned to meet. at Perth Amboy on the 4th
of April, 1716. But difficulty, arose at- the very commencement
of the session. Ii has been seen, that in 1609 an act had been
passed that the meetings of the Assembly should be held at Bur-
lington until otherwise ordered by law. This .act, though not
strictly in accordance with her Majesty's instructions, had been
18 The particular laws which were considered by the Governor to be " acts of
fevor," were not stated, but it is probable they were enactments relating to the
administration of justice, especially an act for shortening law suits, and regu-
lating the practice of the law, and an act to enforce the ordinance for establish-
ing fees. But the conduct of the Governor was somewhat less generous than
his expressions would seem to imply, for he afterwards represented that these
acts would be injurious, and ad.vised his Majesty that they should be disallowed,
stating also that the laws had been particularly designed to punish the then
Secretary of the province, (who was especially affected thereby,) he being a
person of bad reputation. From this representation, the acts in question were
made to appear, not only as injurious in themselves, but as being designed to
serve a temporary purpose, rather than as important measures of public policy.
HUNTER'S ADMINISTRATION. 317
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
resolution was passed by the House that his Excellency should
be waited upon with a request, that he would be pleased to lay
before- the House, a copy of his Majesty's instructions relating to
the sitting of the Assembly at Perth Amboy. The Governor at
once complied with the 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
Burlington. 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
in force, and would so continue, until repealed.
Jn reply, the Governor stated, that he had received instructions
from the King, directing the Assembly to sit at Amboy, which he
was bound to obey. That the confirmation of the act by the late
Queen was temporary, and continued but during her life, being
part of the prerogative of the Crown which she could not part
with longer, but might be resumed by the successor. Also, that
for reasons of great consequence, he could not meet either 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 could 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 affair "to the just and equal
foot" upon which it was placed at. the time of the surrender.19
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 ADMINISTRATION.
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 was 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 ac-
cordingly sent warrants to the several delinquents, commanding
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, expressing
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 would be made sensible of the sinister arts and practices
of these persons, so that no further evil might be done. He re-
commended that the support of the government should be provided
for, and the bills of credit renewed, in order that the province
might be seasonably provided with a currency for ordinary uses.
The -House, as now constituted, seemed quite ready to second
the Governor's views ; one of their first measures was an inquiry
concerning the conduct of the late Speaker, and the absent mem-
bers, which after some discussion resulted in the expulsion of the
HUNTER'S ADMINISTRATION. 31'J
whole 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-
de^ivours to make a suitable return. That the late Speaker of the
House had given a now proof that in all situations it had been his
study to disturb the tranquillity of the province, and to act in con-
tempt 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.21
These proceedings occupied much of the attention of the House
and the 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.22 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
ao The expelled members were Col. Daniel Coxe and Richard Ball, members
from Gloucester, Henry Brockholst and David Ackerman, from Bergen, William
Hall and William Claws, from the county of Salem, Henry 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.
21 Richard Bull, from Gloucester, and William Hall, from Salem, were thus
returned. The House declared that " they could not recede from their former
resolves."
52 By reason of the Small Pox being at Burlington.
820 Ill'XTKR's ADMINISTRATION"*
consequence of failure in the collection of taxes, and he trusted,
as they were now met with good dispositions, and without any
"clog^or bars," they would be able to pursue the objects of their
njeeting, and make»gqod the engagements and promises contained
in their former addresses. The House proceeded in accordance
with these recommendations. A gropnd of?fermer difficulty was
entirely removed by an act repealing the'£«t*whfch greeted that
the sittings of the Assembly should be held at . Birr-ljngton ; that
act, it was said, "being contrary to royal instructions, 'and being"
found prejudicial to the eastern division." The finances of the
province were inquired into, and the- Amount and causes of the
deficiency determined.23
The expenses required \>y the late military expeditions had
rendered it necessary to contract a -large debt- by the issue of bills
of credit; but it was asserted that the provisions for sinking these
bills would have been Tjuite sufficient, if faithfully observed^and
carried ouF. • Enactments \vere- therefore made to enforce the-col-
lection of arrearages from delinquent counties; for the more regular
appointment of Assessors and Collectors, and for holding these
officers to closer accountability. As a further means of increasing
tfte revenue, an excise was laid upon all spirituous liquors retailed-
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 Governor
the sum of six hundred pounds per annum.24
After a meeting which terminated without the transaction of any
important business, the General Assembly convened at Perth
Amboy on the 13th of January, 1718. The Governor informed
the House that the revenue was again exhausted, and mentioned
23 More than seventeen hundred pounds in bills of credit were yet out, and
the treasury empty.
21 The Chief Justice was to receive one hundred pounds, the Attorney Gene-
ral fifty pounds, the members of Council, who attended during the sitting of the
House, five shillings per Hay, and the Representatives five shillings per day.
BURNET'S ADMINISTRATION. 821
also, that the salaries of the 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 was passed for determining the line of
division between New York and New Jersey, and another for
settling the boundary between East and West New Jersey.25
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.26
William Burnet, Esq., was the son of the well 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. His 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
M The Commissioners appointed under the first act, fixed the northern point
of division in latitude 41° 40'. Nothing was done under the latter act.
Gordon, p. 91.
* Governor Hunter had conducted himself in office under circumstances of
some difficulty, 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 BURNETT'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 encumbered with debt, and the
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
shown 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 the
salaries of officers lessened when they should have been increased,
and that the credit of the colony was suffering for the want of a
larger amount of bills for currency. He hoped that these de-
ficiencies would be effectually supplied, and reminded the House
and the people, of their great happiness in being under his Majesty's
government, and expressed a hope that a just sense of the bless-
ings they enjoyed, would dispose to such manifestations of duty
and gratitude, as might be expected from good subjects, to such a
prince.27 The reply of the House was extremely guarded and brief.
They congratulated his Excellency upon his accession, and stated,
that they should use their utmost endeavours to serve their King and
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 the
House at an early period, and he used the occasion to make a still
further 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, but also of his Majes-
ty's instructions to him. His Majesty, he said, had expressly
directed, that all laws made for the supply and support of govern-
21 Minutes, vol. 1.
BURNET'S ADMINISTRATION. 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 they 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, they asserted, that they were, 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 disalloiued 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. They 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 S ADMINISTRATION.
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 gevern-
ment was left without any support. In noticing these proceedings
the Governor indulged in rather angry remark. He told the House
that they seemed fond of the word privilege, though what they had
of that kind, was owing to the goodness of the Crown ; 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 disagree-
ment that occurred at this time between his Excellency, and the
House, was in strong contrast with the harmony that had existed
between the same body, and Governor Hunter.28 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 quite
\mcomplymg. In addition to the reasons just mentioned, they
^doubted the propriety, and even the legality of the continuance of
the Assembly which the former Governor had called, and their
reluctance to longer service was not disguised.29
« The Governor seemed to be sensible of this difference, and in explanation
thereof said, that his predecessor " had the misfortune in the late Queen's time
not to be supported at home in his just demands, and when a Governor is so
unfortunate as not to be sufficiently protected at home, it may induce him to
compliances which he could not otherwise justify."
29 The Governor 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 Parliament has subsisted under
different Governors since his Majesty's accession to the throne."
BTRNET'S ADMINISTRATION. 325
Not long after the dissolution of the House, a new one was
called.30 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
had 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 com'mendable
generosity he desired them "not to think of me," but to make
fuller provision for the inferior officers of government. 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 well as the acts of
the new Assembly, accorded in a great degree Avith 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 were 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 disaffected
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 recusant convicts, and as
such should be proceeded against.31 Whether any particular ap-
30 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.
31 Suspected persons were required to swear that they would be 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 BURNET'S ADMINISTRATION.
pearances or acts had been noticed, calling for such restraints, is
not known ; but, if in conformity with the 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 House 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 little 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 that 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 subjects,
or by any other person. They were also to swear that they would bear faithful
and true allegiance to his Majesty King George, and that the pretender had no
right or title whatever, to the Crown of Great Britian. In the declaration, they
were required to testify and declare as their belief, that in the sacrament of the
Lord's Supper, there is not any transubstantiation of the bread and wine into
the body and blood of Christ, and that the invocation or adoration of the Virgin
Mary, or any other Saint, and the sacrifice of the mass, are superstitions and
idolatrous. Allinson's Laws of New Jersey, p. 64.
BURNET'S ADMINISTRATION. 327
been obliged to receive ; yet this foreign currency was not a legal
tender in the province, and therefore was 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. The 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.32
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 regarded 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;
32 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 different from banking. The authority and credit of the
government served in place of original capital, and the issues were 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.
328 SUBNET'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."33
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 subjected to, from the operations of the ordinance
directing the meetings of the courts of judicature, and asking leave
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
33 From the communication of the Lords, it appeared that both Governor
Hunter and Governor Burnet had represented that these laws should be re-
pealed, as they were injurious to the jurisdiction of the Supreme Court, and
reduced the fees of the patent officers so that they could not subsist. These
laws, however, if not well adapted to the full support of his Majesty's officers,
or of the royal prerogative, were considered by the people as highly important
to their interests.
BURNET.'s ADMINISTRATION. 829
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 Majesty, that "as the right of sending Representatives 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, might empower the new
county of Hunterdon to send two Representatives, and restrain
the town of Salem from sending any."34 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.33
The General Assembly that was convened in 1721, continued
in being until 1727, and a period of more than two years had
elapsed in which no meeting had been called. The 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 wishes
were complied with, and a new Assembly was convened on the
10th of February, 1727, but 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 Bay. He had strenuously upheld the royal authority,
and his own, and resisted every attempt toward an extension of
popular privileges.
" Chalmer's Opinion's of Lawyers, vol. 1, p. 267. Upon the grant to Hun-
terdon, it was thought necessary to take the right of electing members from
Salem, in order that the proportionate weight of the two divisions of the province
might still be preserved.
" Pitkins' United States, vol. 1, p. 88.
42
330 MONTGOMERY'S ADMINISTRATION.
The successor to the office 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 same
throughout the entire period of his continuance in office.36 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 \vhich such a relation be-
tween political societies, frequently brings. The connexion at first
had been but reluctantly yielded to by New Jersey, and an entire
separation was now desired and sought. In 1728, a motion was
made in the General Assembly "whether the having a distinct
Governor for New Jersey, be, in the opinion of this House, for
the advantage of the province, or not." This motion, after full
consideration and debate, was carried, and it was also resolved
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 Gover-
nor, that no unfavorable intentions towards him had prompted the
action of the House, but only a desire to secure the object in view
whenever a new commission should be given. A petition to the
King upon the subject was also prepared.37 This application,
38 The only legislative enactment of. this period requiring notice, was "an act
for securing the freedom of Assemblies." By this "freedom," however, it was
only meant that the members should not be bound by any engagements in office
which might embarrass their action as Legislators. The act provided that if
any member should accept of any office 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.
31 In this petition it was represented that his Majesty's loyal and dutiful sub-
jects, the Representatives of the province of New Jersey, confided in his Majes-
ty's care, and in his desires for their advantage and prosperity; that the people
of New Jersey had been placed under the same Governor with his Majesty's
COSBV'S ADMINISTRATION. 331
though not attended with entire success, may be supposed to have
opened the way for other, and more effectual attempts, at a subse-
quent period.
After the death of Governor Montgomerie, which occurred in
July, 1731, Lewis Morris, the President of Council, administered
the government until 'the 1st of August, 1732, when William
Cosby, Esq., arrived in the province with the commission of Go-
vernor. The General Assembly met on the 26th of April, 1733.
An interchange of amicable expressions took place between the
new functionary and the legislative body. At an early period a
desire was manifested by the Assembly, that some fuller provision
should be made in relation to the meetings of the Representatives.
The extended periods between the meetings of the Assembly, as
well as the periods between elections, had been much complained
of by the people. An act was therefore passed for the frequent
meeting and calling of the Assembly, and for the alternate sitting
thereof.38 It provided for the meeting of the Assembly at least
once in three years, alternately at Burlington and Perth Amboy,
and for triennial elections. This act was assented to by the
Governor and Council, but it was afterwards rejected by the King.
The particular grounds of the rejection are not stated, but a similar
enactment in New York was disallowed, because of its being, as it
was said, a high infringement upon the prerogative of the Crown.
Other enactments of the present Assembly failed in a similar man-
ner. The rejection of three acts that had been passed in the time
province of New York, which had been attended with many disadvantages; that
the government of New York had taken up so much of the Governor's time
that but a small part could be given to New Jersey; and that applications to him
could not be easily, and sometimes not seasonably, made. That the principal
officers were frequently officers also of New York, on which account they were
less useful in their respective places in the province, and also that the monies
they received for salaries, which was drawn from the province, was elsewhere
expended. It was also represented, that though it might formerly have been
thought too great a burden for the province to maintain a Governor, the people
were now willing to support a Governor amongst themselves, and the petitioners
prayed that such an appointment might be made.
Smith's New Jersey, p. 421.
31 Votes, vol. 1.
332 COSBY'S ADMINISTRATION.
of Governor Hunter, has been noticed. The object of these laws
was considered of so much importance in the province, that its
attainment was again attempted. Acts were passed for shortening
law suits and regulating the practice, and practitioners of the law
and other officers ; concerning the acknowledgment and registering
of deeds, and other conveyances in the several counties ; and for
the enforcement of an ordinance regulating fees. These enact-
ments would have operated much to the convenience and ad-
vantage of the people, but would have been injurious to the
interests of certain officers appointed by the Crown, or the Gover-
nor. With some amendments, (to which the Assembly agreed,)
these acts were passed by the Governor and Council. But they
were afterwards rejected by his Majesty.
Although concurrence in action had been maintained to a degree,
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."'39 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
19 The members of Council and the principal officers of the province frequently
resided in New York, and much inconvenience was experienced in consequence.
SEPARATION FROM NEW YORK.
province. "A small recess," he said, "and the opportunity of
consulting 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 the despatch of business. After the
completion of the measures that had been entered upon, an en-
actment was 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.40 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
40 The petition of the Council and Assembly was dated May llth, 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 have 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 colonies. 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
the 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.41 Accordingly, in 1738, a commission was given to.
Lewis Morris, Esq., appointing him Governor of New Jersey.
41 Their report was dated August 5th, 1736.
CHAPTER XVII.
MORRIS', HAMILTON'S, AND BELCHER'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
performed 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 Legislative proceedings.1 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 well 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
1 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 form. 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.
336 MORRIS' 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 we 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 welfare 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. But
the Governor exhibited in the discharge of his new responsibilities
and duties, the same intractable and resolute temper that had
formerly been shown, when 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 were introduced for the more frequent election and
meeting 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 Council, "and. do
all that was reasonable therein." After some delay, a bill for the
support of the government was agreed to by the Assembly. It
provided for the appropriation of one thousand four hundred and
,-\,' ;:~. services- in obtaining the separati<^4(^the\jjro¥mce from Njew.
»' Yotk, Mid sixty ^Qiind^" ^Sa^JT for fco'usfi rea
• the other jntblic officers Vere^^Vtete^^i&tJ.2
was;by n'o^mea'hs sa'ijstaetpjy^ "the G,ove"fiior.
~**' less ajnplC?fchan_ might ii
\ '/.mafU-lo hfs'Majiffc, ami
the salaries we'rte tcfo scanty- for the services .required-} that ionfe '"
officers had been entirely omitted, and that no.provision was madei..
for ineidental expenses.3 The co'urse of the House was sor-little. •
in accordance with his Excellency's views^hat he.determined to * *
dissolve them, which was accordingly done on the 1 5th 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
government, and expressed himself in language more harsh and
imperious, than even a strong sense of his duties and his rights
could possibly have required.
The session of the next Assembly commenced on the I Oth of
April, 1 740. The Governor set forth to the new Assembly the
errors and delinquencies of the former one "I suppose," he said,
"you are wiser than to believe that if the Council and Assembly
pass a bill, that by their doing so I am under any obligation to
pass it into a law, unless I am satisfied that it is reasonable and fit
for me to do so : because that would be altering the present con-
2 To the Chief Justice was given one hundred and fifty pounds, to the second
Judge, forty pounds, the Attorney General, forty pounds, each of the Treasurers
forty pounds, and other officers proportionally.
3 The Governor was 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 the busi-
ness, or a truer sense of justice, afterwards induced the House to agree to the
grant, but his Excellency seems to have received an unfavorable impression as
to the intentions of the House.
43
*-..'* -- .*
338* MOM1S* ADMINISTRATION.
stitution and rendering- the Governor a nominal, rather than a real
part of the legislature. And I liope you are more honest than to
•- deny, of rend«fe- uncertain and precarious, the support necessary,
for the government -to jhave, oi^to attempt by tfiat'or any other
method or art, to constrain the Governpr to. pass any bill into a
law, tfiat he should conceive not fit for you to ha've, or §» to'as-
senNto."* A' second" d^pl>rumitf.'wasi now given, he, said, for
• serving the country by passing such Jaws as were necessary ,*or
amending tftbse. thafcwere defective. • '\
*The nep'lv of the House-manifested very dis^rfejfy^ 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 this purpose was prepared by the Assembly.
4 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
other 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.5 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 difficulties 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 colonies
were not forgotten by the mother country; their co-operation was
mostly promptly required, and mostly was promptly rendered.
The 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
5 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
service, or beneficial for the inhabitants, but rather otherwise." . The act for
the septennial electien 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
bis Majestyto grant, or me to recommend to his Royal consideration."
340 MORRIS' ADMINISTRATION,
bill was passed for procuring supplies, and for giving currency to
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
" -was 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 fcill 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."6
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." By
a vqte of the House, in committee of the whole, this clause was
finally stricken from the bill, and the support was given without
any condition. Yet the .attempt was significant, and the rejection
of the clause was supposed to be owing,. in part, to a fear that the
House might be dissolved by the Governor, rather than to a
change of opinion upon the subject. These measures were
strongly reprobated liy the Governor; he not only. refused his
assent to the bills that were "presented, but resolved upon dissolv-
V * The Colonial Qovernors constantly endeavoured to hpld the public revenues
under their special direction, whilst the Assemblies sought to extenaV/tar control.
MORRIS' ADMINISTRATION. 341
ing the House. In an address at the time he stated, that the acts
which were offered for his approval were the same in substance
with those which had formerly been disallowed by his Majesty,
and that he had been specially instructed not to re-enact any law
to which the assent of the King or his predecessors had once been
refused, without express leave for that purpose first obtained.
"With what view," he said, "my assent was desired to acts dis-
allowed by his Majesty, and that even without a suspending clause
according to the instructions well known to you, unless it was to
expose me to just censure for giving such assent, I leave to be
determined by all indifferent persons. I hope my not assenting
to laws I am not empowered to assent to, will not be called a
fault, but on the contrary, a strict adherence to duty, which by
God's assistance, nothing shall intimidate me from doing. And
what was the intent of those s'trong endeavours to annex a fee bill
to the bill for the support of government, (a bill to which you
would never suffer an amendment to be made,) unless it was to
force the passage of the fee bill without' any amendment? It is
true, the attempt did not succeed, and I thank you for what is
done for the support of the government, (though not sufficient,) '
but it may .not be unworthy of your notice to observe, that this
fee bill, whatever title or form' you may give it, if it be of the
same nature of that which has twice been repealed, it will not be
difficult to say what will be the success of it, or the' sentiments of
his Majesty's Ministers concerning it."
The decisive tone of the Governor did not. prevent the Assem-
bly from a renewal of their efforts. The next Legislature declared
that they supposed his Excellency had been commissioned for the
welfare of the province, and that they should proceed to lay such
laws before him as they thought might-revive it from its sinking .
and distressed condition; and that his assent to these, previous to
tJie passing a bill for the support of government, would be re-
garded as a demonstration of his Excellency's good inclinations
toward the people.7 The Governor replied that "the passing of
'The acts particularly desii>ed at this time/ related to the regulation of fees,
to the limitation of actions in the Supreme Court, to the registering of deeds
and other conveyances in the counties, and to securities to be aiven by Sheriffs
342 MORRIS' ADMINISTRATION.
laws, previous or posterior, to your passing a bill for the support
of government, seems to me not very material; nor do I think that
your passing a bill for the support of government, is a sufficient
reason for me to give my assent to a bill that I do not think rea-
sonable in itself; or that your not passing such a bill, is a sufficient
reason for me to deny my assent to a bill I think to be so." Some
of the measures of the Assembly, however, were acceded to, bills
were passed which received the assent of the Council and of the
Governor, concerning .the acknowledgement of deeds, and for as-
certaining the fees to be taken by the several officers of the colony.
But in relation to the latter, a new difficulty arose ; the bill was
passed with a clause suspending its operation until the pleasure
of his Majesty should be known; but the Assembly, with a sort
of impatience for the enjoyment of that which they conceived to
be sanctioned by justice, and which was allowed by a law of the
province, resolved, that the act should be immediately published
and applied.8 This course was strenuously resisted by the Go-
vernor ; he demanded to know of the Assembly, by what authority
they ordered an act not in force, to be printed as a rule for the
government of the people. The Assembly replied, that they had
not assumed any unwarrantable authority; that they only gave an
opinion of an act which had passed the three branches of the
Legislature, and that they did not think themselves accountable to
for the faithful fulfilment of their duties, and for limiting the period of their
service. The latter had become necessary on account of the incautious or in-
terested appointments made by the executive. All these would have been
highly advantageous to the public interest, and the only ground of objection
was, that they were calculated to lessen the influence and power of the principal
officers of the province. The desire of his Majesty, in which the Governor ap-
peared to participate, to retain the people in strict dependence, and make the
province a profitable field for office, excited much discontent, and led the As-
sembly to measures which in some instances, may not have been the most pru-
dent or proper.
8 A resolution was adopted "that the act for ascertaining fees passed by the
Governor, Council, and General Assembly, as it has-the approbation of the three
branches of the Legislature here, ought to have due weight with the judges and
all others concerned, and that they ought to take the said act for their rule to
govern themselves by, until his Majesty's pleasure should be known, and that
the said act be made public for the purpose aforesaid."
MORRIS' ADMINISTRATION. 343
any for their opinion; and that it would not 'be consistent with the
dignity of the £Louser and the trust imposed in them, to give -a
further reply. * But with this reply his Excellency was by no
me'afls satisfied, and his opposition was carried to an extent, that was
not-to be reconciled with -his previous assenttb the act/' "-He rfr- v
presented to his Majesty, that jt would operate to the ihjyry of the* •
province, the fees allowed therein- being so. much reduced tha.t
person ^of character or capacitjfc^ofihlnot accept of offices in the.
several courts. -The King's refugal o'f Ihe bill was only delayed*
fijr .a time, through the" efforts of the agent of the province in
England, and finally it was disallowed by-his Majesty.
Another measure which was deemed important to the interests of
the* province, was an act for a new emission of bills of credit. '
The issue of these bills by loans, had been found to be advantage-
ous to the people, and the interest accruing thereon had served
for the support of the government. But the parent country was
ever watchful that the interests of the colonists should be kept
subordinate to its awn, and a bill had been introduced into Parlia-
ment to prevent the issuing of paper bills of credit in the colonies,
to be a legal tender in payments ; under the pretence that such
issues were injurious to English commerce.9 This bill was pend-
ing in Parliament. During this time an act was passed by the
Assembly for making current forty thousand pounds in bills of
credit, but with a clause suspending the operation until his Majes-
ty's pleasure should be known. But the act was rejected by the
Council on account of the pending prohibition in Parliament. '<>
9 A copy of this bill being laid before the Assembly, (in November, 1744,)
they resolved that it was the opinion of the House that "if the said bill, or any
of that tendency, should pass into a law, it would not only be an encroachment
upon the fundamental constitution of this province, and the concessions made to
the first settlers thereof, by his Majesty's royal ancestors, but*"*also destructive
of the liberties and properties of his Majesty's subjects now inhabitants of the
colony, as also a great discouragement to the further settlement and peopling
thereof, which must be vastly detrimental to the trade of Great Britain by les-
sening the consumption of manufactures."
10 It ought to be stated, that although the principal ground of the rejection of
the act for the issue of bills, was the action that had been taken by Parliament,
yet the Council objected to the plan itsel£ They said that the raising of money
.-Tfeere is -^oh^l&ieve that iripvgfa J^Sg^ comwetcc" ^ ." -<-
-wak^ipt more apprehended than tlie indrppmlenc^'o^ie'Ooloayil '„ • "
"• • AsJSmblies; The interest. arising upon 5$lsr~a£ 'credit, thoiigh >r ^/
' •"., jf^»^j|^aeiia^Jy appropriated to the support of gov«&iime»l,*wa^1.fetft,"ih_^.. ^ 4 •"
*tf1ite orig'rnai acts specificaHy "applied, and JJiei&fjDrfi wa^suiy^jj^T^'- "*- »~||
£> -\ tShe tlisp*osat of the House. ;;, Could ^he'annovkft havfisbeen. limited..-" £•''.
".'wl' ?"-'^p as jherefy-^p meek the existing wants of the government, and-
•«-j;: - /•/'^'sjpecific.^propriatit)n-of:^^a|Bj(unt to the payment of^ series
v.'i *."V /fiave been secured, so £n?fo"^eft(Jer the officers«jOf--govelfnmejit4n-" ._• ~
' r. '•" dependent of the Assemblies, other 9bjections to tSe§V issue/ • ^..
'"might possibly have be«n w_ajved. . Notwithstanding the threatened
prohibition of Parliament, Governor Morris stated, that if 'the bill ^
"* had contained a certain indisputable provision for the support of
government, "had a. sufficient sum been appropriated to the build-
ing of a house and conveniences for the residence-of the Governor,
and places and houses for the^ sitting of the Council a'nd Assembly,
I don't know how far I might have been induced to assent to it, but
as none of these things are done or intended, I neither can assent
to it myself, or recommend it to his Majesty."
The meeting of the Assembly was brought to a close by a new
disagreement. At this period concealed hostilities had been car-
ried on for some time between England and France, and an open
rupture was continually threatened. During the course of the sit-
ting, the Governor informed the House that his Majesty's decla-
ration of war was made public, and that a necessity existed for
putting the province in a state of defence. He recommended that
a law should be passed for the better regulation of the militia, and
stated that there had been much remissness on the part of officers
in attending to their duties. The Assembly afterwards replied,
that upon careful consideration of the militia law of the province,
they were of opinion, that it made sufficient provision to enable
the Governor to give such assistance as the colony could furnish,
in this way, for the public use, was unequal and unreasonable, and fatal to the
interests of the people in general, and to the merchant and trader in particular ;
that the' rich, who ought to contribute most to the public expense, gave nothing,
whilst the distressed, and people in debt, sustained the whole load ; and that a
paper currency was fluctuating, credit being lowest, when the greatest sums of
such money were issued.
MORRIS' ADMINISTRATION. 345
and that for any neglect of their duties, the officers were answer-
able to the Governor himself. But they said they should always be
ready to do their duty in providing means to defray the expense
that might be incurred in raising the forces. To a more urgent
communication from the Governor representing the necessity of
new provisions, a similar reply was returned. An act embracing
the particulars which his Excellency supposed to be required, was
then prepared and passed by the Council and sent to the Assem-
bly; but the House declined to act upon the bill, and prayed the
Governor to grant them a recess. A recess was not granted, but
a dissolution was ordered. His Excellency said, that he had en-
deavoured to show that it was necessary to make some provisions
for the defence of the country, and that the Council, sensible of
the danger, had prepared a bill which had been sent to the House,
but which they had ordered to lie upon the table, a proceeding
which was contrary to the duty of the House, and of ill con-
sequence to the public. " So far from showing any loyalty to the
Sovereign," he said, "it shows the contrary, as well as a firm
resolution not to make any provision for defence, and a want of
affection for their fellow subjects."
By the next Assembly, which convened in August, 1744, the
course of the former one was fully pursued. They agreed upon
a report concerning the state of public affairs in the colony. In
this they represented the many endeavours that had been used to
form and obtain enactments that were required for the good of the
colony, and the opposition that had been made by the Governor,
and by the Council.11 They complained al§o of the improper union
of offices in the same person, especially, that the Chief Justice
should serve at the same time as member of the Council, by which
means the distinction between the legislative and judicial duties
and powers was destroyed.12
" The Council had rejected the acts for issuing bills of credit; that to oblige
Sheriffs to give security and to limit the term of their office; and that for re-
newing an act to prevent actions under fifteen pounds from being brought into
the Supreme Court.
13 The son of the Governor, was Chief Justice of the province, and also one
of the Council; and the Assembly illustrated the effect of such an union, by
showing its operation in certain cases; that as a member of Council, the individual
44
346 MORRIS' ADMINISTRATION.
The Council defended the measures and the policy complained
of by the House. They set forth the reasons by which they had
been influenced in rejecting the several bills, and declared in a
formal resolve, that they had an undoubted right to reject any bill
at any stage of its progress, and that to censure them for so doing,
was an attempt to alter the constitution. They also resolved that
it was his Majesty's undoubted right and prerogative to assign
different places to the same person, and that the duties to be per-
formed by the Chief Justice and a member of the Council, were
in no wise incompatible.13
At length the division between the branches of government be-
came such as to cause a serious obstruction to the course of public
affairs. The acts demanded by the Assembly being rejected,
the grants for the support of the government were greatly re-
duced, and finally were entirely withheld. A period of nearly
two years was passed in various attempts to effect a compromise
of interests and views ; but the entire contrariety of aims, and the
mutual distrust of the parties, prevented an accommodation, and
the death of the Governor which took place in May, 1746, put
an end to further endeavours.
The administration of Governor Morris entirely disappointed
the expectations that had been formed from his previous course,
and it was scarcely more fortunate for himself, than for the pro-
vince. It subjected him to reproachful imputations, and changed
the feeling of gratitude that had formerly existed toward him, into
might prevent the passage of such an act as that to limit actions in the Supreme
Court, because as a member of the court, he might be desirous to extend the
jurisdiction of that court ; and it seems to have been supposed that such had
been the case at the present period. It was also stated, that as causes might
be taken from the Supreme Court, to be tried before the Governor and Council,
the same person would still sit as judge, and thus the objects of a removal
might be defeated.
13 The example stated by the Assembly as to the inconsistency of the two
offices, was noticed in part by stating, that a member of Council was precluded
by a positive regulation from reviewing a case which he had before decided upon
as a Judge. To this the Assembly replied, that if such was the case, it had not
before been so well understood; they also said, that they had not denied the
prerogative of the Crown, or the rights of the Council, but only the modes in
which these powers and rights had been exercised.
HAMILTON'S ADMINISTRATION. 347
one of resentment. Perhaps his change of position was not suf-
ficiently considered ; and such a change should mostly be avoided
by those who are careful of peace or reputation. It is certain,
however, that in the discharge of his office, he manifested a dis-
position rather to uphold the arbitrary pretensions and demands of
the Crown, than to favor and defend the interests of the colonists.14
Upon the death of Governor Morris, the administration of go-
vernment devolved on John Hamilton, Esq., the eldest member of
Council. Though the war which existed between England and
France had arisen chiefly on account of occurrences in Europe,
it extended in no long time, to the American colonies belonging to
the respective parties. The national jealousy of the colonists
had been sharpened by an active competition in trade, and par-
ticularly in endeavours to command the fisheries on, the coast.
This trade was of the greatest importance, and the attempts of the
French, after the commencement of the war, to acquire possession
of some of the principal stations, alarmed and aroused the English
colonists.
In 1745, an expedition was projected by Governor Shirley, of
Massachusetts, for the reduction of the settlements of the French
at Cape Breton, and especially, for the conquest of Louisburg, the
capital. Commodore Warren, the English commandant on the
coast, declined to concur in the attempt, without express directions
from the Ministry. But an armament was prepared through the
steady exertions of Shirley, and was placed in the command of
Pepperel, an eminent merchant, and a Colonel of the Massachu-
setts militia. The squadron set sail, and afterwards was joined
by the English forces. The undertaking was entirely successful;
after a seige of two months, Louisburg was reduced, and was sur-
rendered to the English Crown.15 Encouraged by this success,
14 Among other events of his administration, the erection of a new county
should be mentioned. It was established in March, 1738-9. It was taken from
Hunterdon, and received the name of the Governor, being called Morris.
"The capture of Louisburg was strictly American, and in fact, a New
England enterprise. The plan was laid before the Legislature of New Jersey,
but the House declined to concur in the attempt at the time, being entirely des-
titute of vessels, and doubting the propriety of proceeding \viihout the approval
of the King. But upon being informed that Louisburg was actually beseiged,
348 HAMILTON'S ADMINISTRATION.
an extensive plan was formed by the English Ministry, at the in-
stance of the colonists, for the reduction of the whole of the French
possessions in America. Instructions were given to the several
Colonial Governors, directing the mode to be pursued in furnish-
ing men and supplies. In July, 1746, these instructions were
laid before the Legislature of New Jersey by the acting Governor,
Hamilton ; and. an enactment was passed to encourage the enlist-
ment of five hundred men, and to provide for their subsistence and
transportation. The amount of interest in the treasury was ap-
propriated to the purpose, and an issue of ten thousand pounds in
bills of credit was ordered. The Assembly declared that they
were " heartily desirous to do all in their power in support of his
Majesty's interest.'-' A similar disposition was shown by the rest
of the colonies. But the event of this movement was by no means
answerable to the extent of preparation. The measures of the
British Ministry were so tardily and feebly pursued, as almost to
warrant the suspicion that no anxiety was felt to relieve the colo-
nists from the dangers with which they were threatened.16 The
pacific proceedings that followed were of a similar character. By
the "inglorious" treaty of Aix la Chapelle, which was concluded
in 1748, the principal advantage already secured was relinquished,
and no one of the grounds of dispute or complaint was fully re-
moved. Louisburg.was surrendered to its former possessors; the
right of English vessels to immunity from search and detention,
which had been a principal cause of difficulty between England
and Spain, was scarcely noticed in the .treaty; and the limits of
the respective colonial possessions of England and France, in
America, remained unsettled, to be determined at a future period
by a resort to arms. . - K,- ^
and with his Majesty's approval, the House unanimously voted that two' thou-
sand pounds of the interest money then in the treasury should be transmitted in
provisions, to the American forces.
16 Some American politicians believed that the British Ministers had become
jealous of the daring and enterprising character of the colonists, and were secretly
not averse to the continuance of the restraint which the neighbourhood of the
French imposed. The conduct of the Ministry at this time gave some -reason
for such a belief, and but for the change that afterwards occurred, the opinions
of the few, would no dbnbt have been. generally adopted^ and would have given
rise to much dissatisfaction in the colonies.
BELCHER'S ADMINISTRATION. 349
At the demise of President Hamilton, in 1747, the administra-
tion of government in New Jersey devolved on John Reading, Esq.,
the next eldest Councillor, but very soon afterwards, a commission
was given to Jonathan Belcher, Esq., appointing him Governor
of the province. The conduct of this officer was prudent and
conciliating; and calculated to compose the differences which had
formerly existed. He seldom opposed the measures of the As-
sembly, except when acting under positive instructions from his
Majesty. During his administration, several of the laws which
had been rejected in the time of Governor Morris, were allowed,
and others which had been enacted for a limited period, were re-
newed and continued. The law for limiting actions in the Supreme
Court was re-enacted, and another was passed for the regulation
of fees.17 In the latter, the amount was prescribed to be taken in
specified cases, by the Governor, by Justices, and other officers
of courts, by Juries, Lawyers, and witnesses, and by all persons
engaged in the services of the Assembly, or in the offices of
record. This act was confirmed by the Royal assent. Whilst
the concessions just mentioned had tended to unite the branches
of the government, and bring them into nearer union, other cir-
cumstances arose, to disturb the quiet of the province. The
ancient dispute concerning the titles of land, which at earlier
periods had been the cause of so much confusion and strife, was
once more revived. Large portions of land were held which had
been acquired by irregular purchases from the Indians, in disre-
gard of proprietary rights ; and the claimants under the laws of
the province had not been able to recover the property, or to
compel the payment of quit rents. But at this period the pro-
prietary titles to extensive portions of land, fell into the hands of
individuals who were possessed of authority and influence, and
who were disposed to enforce their claims.18 Writs of ejectments
were issued, and suits for the recovery of quit rent were com-
menced against many of the settlers. The defendants, forming a
large portion of the population of some of the counties associated
" Allinson's Laws, p. 159.
18 These persons were Robert Hunter Morris, the Chief Justice, James Alex-
ander, the Secretary of the province, with other prominent individuals.
350 BELCHER'S ADMINISTRATION.
together, and resolved, that whatever might be the decision of law,
they would maintain their possession. Individuals who had been
decided against in the courts and committed to prison, were re-
leased by force. For a time the laws became powerless. The
Governor and Council viewing the proceedings as most serious
offences, not only endeavoured to sustain the courts in the admin-
istration of existing laws, but recommended, to the Assembly the
passage of an act with most rigid provisions, for the prevention of
all assemblages that should appear of a riotous character. But
this recommendation was not acceded to; the Assembly apparently
regarding the case as not of so aggravated a nature, or supposing
that other and milder measures would be more effectual. Memo-
rials and counter memorials upon the subject were presented to
the King. The Council of Proprietors, whose interest it was to
sustain the proprietary claims, represented to his Majesty, that the
people had combined together to subvert the government, that
they had refused to submit to the laws, and had erected pretended
courts of justice for themselves, and that the Assembly refused to
grant the necessary aid to enable the executive officers to maintain
their authority. The Assembly set forth, that the original divi-
sions and sales of land had been so made as to give rise to op-
posing claims ; that the present parties were a number of poor
people on the one part, and some of the rich, understanding, and
powerful on the other; and that the latter were harrassing the
people by a multiplicity of suits, which had excited general un-
easiness, and threatened to be productive of the greatest distress,
and the more so as most of the officers of the province were sup-
posed to be connected with the claimants in the suits. These
representations of the Assembly had but slight bearing upon the
matter really in issue. It is not improbable that the claimants in
the cases in question were disposed to urge their advantages with
but little forbearance ; yet the opposers of the proprietary rights
were known to have acquired their claims, and to have continued
in the enjoyment of property by a violation of law, and if they
suffered in consequence, it could only be regarded as the result of
an improper and unauthorized proceeding. In any case, their
forcible resistance of law in mere anticipation of injustice, was
wholly indefensible. Yet to a great extent, the object of the in-
BELCHER'S ADMINISTRATION. 851
surgents was attained. Their combination enabled them to put
at defiance the civil authorities, and the sympathies of the Assem-
bly deferred a resort to the military arm. By this temporising
policy, the strict demands of justice were sacrificed, but peace was
preserved. Some of the rioters became sensible, if not of the im-
propriety of their course, at least of the danger they incurred, and
petitioned for pardon ; others refrained from open opposition to
the public authorities, but continued to retain their private posses-
sions. Two acts were finally passed by the Assembly which
terminated the protracted dispute. One of these was an act to
pardon persons who had been guilty of riot. It prescribed that
as some of these persons, conscious of their guilt, had presented
petitions to the House praying their supplication with the Gover-
nor on behalf of the offenders, a free pardon was "hereby"
granted to them. The other act provided for the suppression and
prevention of riots, tumults, and disorder in the province.
A difficulty of another description occurred at this period. It arose
in relation to a bill to determine the value of taxable property in the
several counties, for the purpose of apportioning their respective
quotas. The bill prepared by the Assembly, included all profit-
able tracts of land held by patent, deed, or survey, whereon any
improvement was made. This was objected to by the Council.
They urged that it was contrary to the royal instructions which
prohibited any tax upon unprofitable lands, and that the restriction
or definition of the bill, limiting its operation to lands whereon an
improvement was made, was so vague and uncertain, that large
portions of lands might be included that were wholly unproductive.
But the Assembly adhered to their bill. It was probably their
object, at a time when the resources of the province were limited,
and some of the usual means of relief had been denied, to reach a
portion of the lands that had hitherto been exempted from taxa-
tion under the general provisions of the royal instructions. The
Council j as executive officers, were disposed to maintain these
instructions in their fullest extent; and it was also suspected that
as large proprietors themselves, some of the body were directly in-
terested in opposing an extension of taxation on land. Neither party
would yield, and as an assent to the "Quota Bill" was demanded
by the Assembly as a preliminary to any grant for support, the
352 THE FRENCH WAR.
officers of government were left for nearly three years without
any compensation. Governor Belcher at length dissolved the
Assembly. The new House, which met in May, 1751, was de-
sirous to remove the difficulty. A new bill was formed, in which
lands were classified with a view to 4heir quality, and all that
could with any propriety and justice be deemed profitable, were
made liable to taxation, at a rate depending on their class.
Among the occurrences of this period of Governor Belcher's
administration, the erection of two new counties may be noticed.
One was established by an act passed on the 19th of January,
1747. It was taken from the southern portion of Salem county,
and was called Cumberland.19 The choice of members to the
Assembly was suspended until the pleasure of the King should
be known, the freeholders continuing to vote with Salem. The
other was established by an act passed on the 8th of June, 1753.
It was taken from Morris county, and was called Sussex. As in
similar cases, the right of electing members to the General As-
sembly was withheld for the time.
The treaty of Aix la Chapelle, already noticed, had been formed
upon such a basis that it could scarcely prove to be permanent.
Nearly all the former differences continued to exist, and no change
whatever was made in relation to the American claims of the con-
tracting powers. France asserted a right on the north, to all
Canada, which country had been erected into a province called
New France, at the head of which was a Governor, appointed by
the King. On the south, the same nation advanced a claim to an
immense region which had also been erected into a province called
Louisiana.20 They also claimed to havfe traced the Ohio River,
and this stream they represented as the natural communication
between their provinces on the north and south, and the whole
of the country watered by this stream, as well as other streams
falling into the Mississippi, was claimed by them. Great Britain
on the contrary, claimed as far north as the St. Lawrence, and
« The name was given by Governor Belcher, in honor of the Duke of Cum-
berland.
* The original claim of France to Canada was founded on the discoveries of
Cartier. The title to Louisiana was founded on the discovery of the River
Mississippi, by De la Salle in 1683.
THE FRENCH WAR. 853
the great lakes, and from the Atlantic to the Pacific. To maintain
their pretenisons, the French had projected a vast line of forts ;
and posts were already established upon the lakes, and one on the
River Le Bceuff, not far from the Ohio/ In their advances, they
either treated with, or attacked and subdued the native tribes who
were in alliance with the English, and threats or remonstrances
were sent to arrest the progress of an American company who were
attempting to establish a settlement.21 These movements could
not but excite attention, and Governor Dinwiddie, of Virginia,-
resolved upon despatching a messenger for the purpose of learning
the designs of the French, and to convey a declaration of the
English claim to the country. " This' messenger was George
Washington. He left the frontier with a number of attendants
in November, 1753. After a long and hazardous journey, he
reached the post oh the Le Bceuff, and was- received with civility
by St. Peirre, the Commandant. To the request from the Go-
vernor of Virginia, that he .would leave the country belonging to
the English, the Frenchman only replied, that he was there by-
orders from the Marquis du Quesne, the. Governor .of. Canada,
whose directions he should obey, and to whom air further ques-
tions concerning a right to the country, were referred. This
answer, together with other information he had acquired, .was re-:
ported by Washington. The British Ministry were apprised of
the movements of the French, and a representation upon the sub-
ject was made to the Court of Versailles. But the professions of
that court, and the directions that were given to the Governor of
Canada, to refrain from any aggression, were perhaps but designed
to amuse, as the same course of proceeding was afterwards con-
tinued; and the English Ministry, foreseeing the issue, gave in-
structions and authority to the Colonial Governors to resist and
repel encroachments. Measures were also taken to secur6 the
fidelity and aid of the six nations of Indians who were in alliance
21 In 1750, a number of persons, mostly from Virginia, of whom Lawrence
Washington was one, procured an act of the British Parliament, constituting
them into a body under the name of the Ohio Company, and granting to them
six hundred thousand acres of land on, or near the Ohio River. They caused
the land to be surveyed, and opened a trade with the natives, and were making
preparations for a settlement at the time of the advance of the French.
45
354 THE FRENCH WAR.
with the English, and under their protection. In September, 1753,
instructions were sent by the board of trade to the Governor of New
York, to hold a meeting and treat with the six nations ; to hear
and redress their complaints, and to gratify their wishes in other
particulars ; and instructions were transmitted to the other colonies
to send commissioners to this meeting, and to unite with New
York, in order that all the provinces might be comprised in one
general treaty, to be concluded in his Majesty's name. The in-
structions of his Majesty were placed before the Assembly of
New Jersey in April, 1754. But New Jersey had not been di-
rectly concerned in the Indian trade, or a party in Indian treaties ;
and the Assembly declined a direct concurrence in the contem-
plated measure. But they expressed a willingness to contribute
their assistance, and to join with other colonies in resisting the en-
croachments of the French. This decision was adhered to, not-
withstanding urgent representations from the Governor to induce
a compliance with his Majesty's directions. In consequence,
New Jersey was not represented in the meeting of colonies. The
commissioners appointed in other colonies convened in June,
1754, at Albany, in the province of New York.22 The treaty
with the Indians being concluded, another object was presented
to notice. A communication had been received from the Earl of
Holderness, the English Secretary of State, recommending that
there should be. formed at this meeting, a general plan of union
among the colonies, for mutual aid and defence. The commis-
sioners were sensible of the importance of the object; they per-
ceived that effectual resistance against- the. designs of the French
could only be made by means of a general combination. They
therefore resolved " that an union of the colonies was absolutely
necessary for -their preservation." Of the several plans of union
that were presented to the body, that proposed- by Dr. Franklin,
of the Pennsylvania delegation, was preferred, and was, as to its
principal features, finally adopted.23 This scheme was agreed to
» There were Commissioners from Massachusetts, New Hampshire, Rhode
Island, Connecticut, New York, Pennsylvania, and Maryland.
Pitkin's United States, vol. 1, p. 142.
33 This plan provided, that with the assent of the Parliament, a general go-
THE FRENCH WAR. 355
by all the commissioners except those from Connecticut; they re-
fused their assent on account of the extensive powers that were
given to the President General. Copies of the plan were trans-
mitted to the King, and to each of the colonies. But it was re-
jected both in England and in America; in the former, because it
vernment should be formed in America, embracing the whole of the colonies ; but
that under this general government each separate colony should retain its own
constitution, excepting only such changes as might be rendered necessary in the
new relation. The general government was to be ad ministered by a President
General, to be appointed by the Crown, and a Grand Council chosen by the
Representatives of the people in the Colonial Assemblies. The members chosen
from any of the colonies not to be less than two, or more than seven. In the
first apportionment, Massachusetts was to have seven, New Hampshire two,
Connecticut five, Rhode Island two, New York four, New Jersey three, Penn-
sylvania six, Maryland four, Virginia seven, North Carolina four, and South
Carojina four. Afterwards, the members were to be apportioned according to
the monies paid into the general treasury by each colony. The Grand Council
were to meet once every year, or oftener, if called by the President General,
with the consent of seven of the members. The President General was to have
a negative on all laws, and to superintend the execution of the laws. The
President General and Grand Council were to have the regulation of all affairs
with the Indians, to direct in making new settlements on lands purchased of
the Indians, if not within the bounds of particular colonies, (or not within their
bounds when some of them should be reduced to more convenient dimensions,)
and to make laws for the government of such settlements. The President and
Grand Council were to have power to raise and maintain a military force, build
ships and forts, equip vessels to guard the coasts, and protect the trade on the ocean,
lakes, or great rivers, but no men were to be impressed in any colony, without
the consent of the Legislature thereof. For the purposes above mentioned, the
President and Council were to have power to make laws, lay and levy such
general duties, imposts, or taxes, as should appear most equal and just; to ap-
point a Treasurer General, and a particular Treasurer in each government, but
no money to be drawn but by the joint order of the President and Council.
Twenty-five members, being one or more from each of the colonies, should form
a quorum of the Council. The laws that should be enacted were not to be
repugnant to the laws of England, and must be transmitted to the King for his
approval, and if not disapproved within three years, were to remain in force.
On the death of the President General, the Speaker of the Grand Council, for
ihe time being, should succeed to the office until the pleasure of the King should
be known. All military and naval officers to be nominated by the President
and approved by the Council, all civil officers to be nominated by the Council
and approved by the President, and in case of vacancy by death or removal of
356 THE FRENCH WAR.
left too much power with the colonists-, in the latter, because it
gave too much to the Crown. By the Assembly of New Jersey
it was immediately rejected, and the House transmitted instruc-
tions to the agent of the colony in England, to oppose all en-
deavours for its ratification there. The plan was regarded by the
House. as likely. to be injurious to all parties, "that it might.be
prejudicial to the prerogative of the Crown and to the liberties. of
the people."
After the rejection in England of the American plan of union, a
different one was proposed by the British Ministry. But if this
scheme was free from some of the objections which had caused
the former one to be rejected in the colonies, it contained others
still more opposed to popular rights. It provided that the Gover-
nors,of all the colonies, with one or. more of their Council, should
assemble .and devise measures for the common defence ; that they
should erect forts where they should think proper, and give orders
. for raising such-forces .as might be deemed necessary; and have
.power to draw on the treasury .of Great. Britain for the sums re-
quired for these purposes, 'the whole amount to be afterwards re-
imbursed by a tax laid on the, colonists by act of Parliament.
The Ministerial project was communicated to several of the Col-
onial Governors, but it met with no favor, and was dropped with-
out the formalities of a distinct rejection.24 During this period
any officer, civil -or military, the Governor of the province in which the vacancy
happened, to appoint a successor until the pleasure of the President and Council
should be known. In particular emergencies, each colony might act in its own
defence, and the expense incurred thereby should be " paid by the general go-
vernment if judged to be just and reasonable.
"The Ministerial plan received particular attention from Governor Shirley,
of Massachusetts, who is supposed-to have regarded it with favor. But it was
communicated by him in December, 1754, to Dr. Franklin, who was then at
Boston, for his opinion. A long and most able reply was given by Franklin ;
he presented the objections against such a scheme with the greatest clearness
and force ; he stated, amongst other reasons, that it was supposed to be the un-
doubted right of Englishmen not to be taxed but by their own consent given
through their Representatives; and the compelling the colonists to pay money
without their consent, would be rather like raising contributions in an enemy's
country, than taxing Englishmen for a public benefit. If Franklin had some-
what misapprehended the views of his countrymen in framing the Albany plan,
THE FRENCH WAR. 357
the French had continued their attempts to establish themselves
in the country upon the Ohio, and a strong work was erected at
the junction of the Allegany and Monongehala Rivers. It was per-
ceived by' the colonists that their claims to the 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 by 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 reasonable 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, effected 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 the 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 different 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 have been happy for both sides, if it had been adopted."
Memoirs, part 2.
358 THE FRENCH WAR.
incident to the state of affairs, but from the frequent incursions of
the French and their savage confederates. The latter, encouraged
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, under
the vigorous administration of the celebrated Pitt, an entire altera-
tion took place. The British arms became triumphant, and after
the battle on the 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.25 The union of these powers was a
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 the effect, by an early attack upon Spain.
But a new King of narrow capacity and a determined temper, had
come to the throne, and a portion of the Cabinet were jealous of
the power and influence which the principal Minister had held
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 the aid of her colonies, rose superior to the united power
of the Bourbons. In 1762, Havanna, the capital of Cuba, and the
strong hold of Spanish America, surrendered to the English, and
other places of strength were also reduced. These continued suc-
cesses gave rise to dispositions favourable to peace. France and
M In this agreement between France and Spain, which was concluded on the
15th of August, 1761, it was declared that the two Crowns would consider as
their common enemy every power that should become such to either, and that
whoever attacked one Crown, attacked also the other. It was also-agreed that
when they should terminate by peace, the war they had supported in common,
they would balance the advantages that one might have gained, against the
losses of the other.
* Upon the death of George the Second, in October, 1760, George the Third
ascended the Throne.
THE FRENCH WAR. 859
Spain were dispirited, and England was less desirous of farther con-
quest, than for relief from the 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, 1762, 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.27 New
Jersey had raised at different 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.
81 Of this sum the British Parliament reimbursed at different times, one mil-
lion of pounds.
860 CHANGES OF GOVERNORS.
Several changes had occurred during this period in the govern-
ment of New Jersey. At the death 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.28 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 Franklin. 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.29
28 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 of Lord Sterling, p. 69.
• V' ' •"'..' ,
v -".'^v .: v
* '
CHAPTER XVIII.
OPINIONS RELATING TO THE RIGHTS OF THE COLONIES. PASSAGE
OF THE STAMP ACT.— OPPOSITION TO THE STAMP ACT. THE
REPEAL.
. THE long contest that had been carried on by England and her
American colonies against a common' enemy, had served, for the
time, to bring them into closer .union, both of interest and of feeling.
The sympathies that arose from a common extraction, had been
strengthened by a participation in danger, and afterward^ -in
triumph. The Assembly of New Jersey declared, at the conclu-
sion of the- war, '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 lojig 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
aiid in different modes ;. there were -provincial,' proprietary, and
charter governments. In some of these the dependence .of the
people upon the Crown was closer than in others; but whatever
might be the particular character of their institutions, the colonists
claimed to be entitled to all the privileges which belonged 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. -
• -» f<*
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.1 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 bodyj 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 by
1 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 the
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 without their own consent, or-that of their depu-
ties. In 1661, the General Court of Massachusetts made a similar declaration,
and very soon afterwards Rhode Island adopted, on her own behalf, the words
of Magna Cbarta, that "no tallage, or custom, loan, or benevolence, gift, excise,
duty, or imposition whatsoever, be laid, assessed, imposed, levied, or required of
any of his Majesty's subjects within this colony, or upon thek estates, upon any
pretence, but by the assent of the General Assembly of this colony." (Pitkin,
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 which was made by the proprietors
against such a demand. They asserted that it was in direct opposition to their
English right of common assent to taxes. Similar declarations were made at
different times in nearly all of the colonies.
. • .. .. .
OPINIONS RELATING TO THE. RIGHTS OF TH.E COLONIES. 363
•'¥'. >* J •;
act of Parliament in England."2 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.3 But different
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 tolerated. 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; more direct
methods were now to be attempted. In addition to a monopoly
of the proceeds of American industry in the course of trade, the
British government resolved upon drawing a revenue from the
provinces by internal taxation. It has been seen, that just previ-
3 Story, vol. 1, p. 111.
3 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.
f .
.
36¥ OPINIONS KELATIN-0 TO THE RIGFITS OF THE COLONIES.* / '
!-*?--' t>:"--"'». "./ .•":-••*. "-.'- ';•$•• :.'---
ons to the commencement of the war, a plan had been formed by
"the Ministry for laying- a tax on the colonies by act of Parlia-
.*rhent. But the opposition then made, prevented the projectors
"from pressing the scheme, at a time when full co-operation -and
union .were of so much importance. 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 provincial governments indeed, in most instances, met, and
•sometimes exceeded, tfie 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 dem an ds 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."4 But
at the conclusion of the war with France arid Spain, there was
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
ability, 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
4 Lord Loudoun demanded "in the King's name, that one thousand men
should be furnished. But the Assembly resolved upon raising but five hundred
at the time, and said that an additional number could not be supplied " in the
present posture of affairs." A communication was afterwards received in which
it was said that the Minister (Pitt,) expected as large a body of men an they
ware able to raise. An act was soon afterwards passed for completing the regi-
ment to one thousand effective men; but the House declared that "the exacting
obedience to any determinate proposal, from a people willing and desirous to do
their utmost in a cause that so intimately concerns them, would in our opinion
not answer the design, and would essentially vary from that constitutional
method which has heretofore, for so many generations, honorably distinguished
the English name. Votes, vol. 3-
PASSAG-E OF THE STAMP ACT. 365
opposition, was also apparently forgotten, or wholly overlooked.
But interest, if it sharpens the vision of men to their particular
advantages, seems sometimes to obscure 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 1760, 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 them. Fauquier pru-
dently replied, that such an attempt might give rise to much dis-
satisfaction.5 Upon further reflection, 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 1764, 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.6 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
s Griffith's Historical Notes, p. 15.
« Some of the agents made immediate objection to the scheme, and when
communicated to the colonies, it there met with strenuous opposition. In May,
17C4, the people of Boston declared that such a tax "would annihilate our
charter rights to govern and tax ourselves; it strikes at our British privileges
which as we have never forfeited, we hold in common with our fellow subjects,
who are natives of England. If taxes are laid upon us in any shape, without
our having a legal representation where they are laid, we 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 assured that the
colonists would readily grant such aid to the Crown as they were able fo give,
whenever called for in a constitutional mariner. But Grenville persisted in his
plans, and said that he had pledged himself to offer the stamp bill to the
House. Pitkin's United States, Griffith's Historical Notes.
366 - OPPOSITION TO THE STAMP ACT.
received the Royal assent.7 In the debate on this Bill, the Ministry
publicly declared that it was 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 officers
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.8 The
operation of the act was to commence 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, tended to the destruc-
tion of British as well as American freedom.9 Very soon after-
wards, before the action that had been taken in Virginia was
known, the subject was taken up in the House of Representatives
in Massachusetts, and a resolution was passed by that body de-
claring it to be expedient that a Congress composed of Comniis-
1 The bill passed the House by a vote of 250 to 50, and the House of Lords
with great unanimity.
s Dr. Franklin nominated the agents for Pennsylvania and for New Jersey.
Yet though in this particular he forwarded the measures of the Minister, he
still perceived and represented the true nature and tendency of the act
9 See these resolutions in Wirte' Liie of Henry, p. 56.
OPPOSITION TO THE STAMP ACT. 867
sioners from all the colonies should be held at New York on the
first Tuesday of October, 1765. This measure was recommended
in order that they might consult "upon the present circumstances of
the colonies, and the difficulties to which they are-,' and must be
reduced, in consequence of the lat& 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.
This 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,".10 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-
pedient to attempt a correction of their former proceedings.11 A
10 Franklin's .Letters,
" These proceedings, with the subsequent measures connected ' with them,
gave rise to a correspondence of some asperity between .the Governor and the
House. The 'Governor said, that according to their own expressions, they had
taken the proposal from Massachusetts into "deliberate 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 indifferent
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 alteration must have been made, and they intimated that his Excellency had
been instrumental in making -it. Votes, vol. 3. Gordon's Hintory, p. 138.
368 OPPOSITION TO THE STAMP ACT.
circular was therefore addressed to the members, by the Speaker;
an'd a Convention was held at Amboy, when it was resolved that
delegates should be appointed to the Congress of New York;
accordingly, Joseph Ogden, the Speaker of the Assembly, Hen-
drick Fisher, and Joseph Borden, were appointed. This meeting
and the proceedings thereat, were denounced.by Governor Franklin
as being " unprecedented, irregular and unconstitutional.12 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.13 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 and
representations to the King and to Parliament.14 Some difference
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 Massa-r
chusetts, the Chairman of the Convention, and Og'den, of New
Jersey, advocated the latter mode, and refused to sign with the
other members of the Convention. . .
12 This 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 ap-
proved and defended by the Assembly at their subsequent meeting; it was said
that the members present at the time, came together, persuaded that his Excel-
lency had decline'd calling the House, (the Governor, however, asserted that he
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 pre-
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. .
13 There were delegates from Massachusetts, Rhode Island, Connecticut, New
York, New Jersey, Pennsylvania,- Delaware, Maryland, and' South Carolina.
New Hampshire, Georgia, Virginia, and North Carolina, were not represented,
but the twp former -gave assurances of their willingness to unite in- petitions to
the King and Parliament. • The Assemblies of the two latter had not been hi
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 attempted.
14 The proceedings of this meeting were of high importance; they are given
at length iu Pit kins' History* pp. 130, 136. Slory'.s Commentaries, vol. 1, p. 1 75.
OPPOSITION TO THE STAMP ACT. rfb'J
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 the members of the House. The course that had
been pursued by Ogden 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 the 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
coloTiy, they considered it a duty to themselves, their constituents,
and posterity, to leave a record of their resolves upon their journal. 15
."Resolved, 1. That his Majesty's subjects, inhabitants of th'is province, are
inviolably 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 inseperably essential to the
freedom of the people, and the undoubted right of Englishmen, 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 are not, and from their remote
situation, cannot be represented in the Parliament of Great Britain; and if the
principle of taxing the colonies without their 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 without the greatest anxiety. 5. That
the only representatives of the people of this colony 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. «. That the giving unlimited power to any subject or subjects, to
47
370 OPPOSITION 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 the
present proceedings of the House, especially their approval of the
meeting at Amboy.
The opposition to the stamp act was so general and decided
thoughout the colonies, that before the time for its operation arrived
(November 17th,) neither stamps or stamp officers were to be found.
In New Jersey, beside the acts that have been noticed, the sense
of the people was otherwise expressed. In September, Coxe, the
stamp officer for the province, voluntarily resigned, and subse-
quently published a copy of his resignation and declared that he
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.16 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 liberty. 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 their British ancestors, hold most dear and in-
valuable. 11. That as the tranquility of this colony hath been interrupted
through fear of the dreadful consequences of the stamp act, that therefore the
officers of the government, \\ ho go on in their offices for the peace -and good of
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 counte-
nance of the legislature; and it is recommended to our constituents, to use what
endeavours lie in their power, to preserve the peace, quiet, order, harmony, and
good order of the government, that no heats, disorders, or animosities, may in
the least obstruct the united endeavours that are now strongly engaged for the
repealing of the act above mentioned, and other acts affecting the trade of the
colonies. Votes, vol. 3. Gordon's New Jersey, p. 140.
16 The freemen of the county of Essex made strong declarations, asserting that
the act was unconstitutional, and that they would in no wise give it countenance
or support. The inhabitants of Salem learning that John Hatton, a resident
there, was desirous to be employed in the distribution of stamps, obliged him to
relinquish the design. These measures of resistance were urged and supported
REPEAL OF THE STAMP ACT. 371
tion of the law, as the use of all but stamp paper was forbidden
in formal transactions, a period of much confusion occurred ; the
courts were closed, and business was almost suspended. But this
period was of short duration ; the colonists resolved to brave the
consequences. In February, 1766, 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.17
It was fortunate that whilst these transactions were taking place
in 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 relief,
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 colonies. He yet 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-'S-Spws of Liberty," and
whose special object was, to prevent any attempt to carry :thfe stamp act into exe-
cution. This association had originated in Connecticut and 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, by 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 the people. 'He
recommended that the stamp act should be repealed, absolutely,
tota'ly 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 Avhich the power and- right
of Great Britain to bind the colonies in all cases whatever, was as-
serted.18 The repeal and the declaratory act passed the House
together on the 5th of March, 1766, and were sent to the House
of Lords. In the latter House, the repeal was strenuously opposed.
But the measure was strongly supported by Lord Camden. He
denied the right of Parliament to tax the colonists because unre-
presented. "Taxation and representation," he said, "were in-
seperably connected, no British Parliament can separate them ; to
endeavour to do it is to stab our vitals." The two bills passed
18 Although the debates of the House in relation to the stamp act seemed to
touch most upon constitutional questions, yet other considerations had scarcely
less weight The merchants and manufacturers exerted themselves in favor of
repeal. The non-importation agreements which had been entered into by the
colonists, and the confusion that existed, were found extremely prejudicial to the
commercial interests of the country. The condition, disposition, and feelings
of the colonists, were also considered. Persons were examined before the House,
touching these particulars; Franklin underwent a long examination, and he
declared to the House, that the Americans never would pay the stamp duties,
however modified, and that the Assemblies would not acknowledge the right of
Parliament to tax them, or rescind their resolutions upon that point "unless
compelled by force of arms." The petition from the American Congress was
rejected, because the meeting had not been called under authority from the
Crown, yet this and other petitions on the subject, had their influence.
REPEAL OF THE 'STAMP ACT. 373
the House of Lords on the 18th of March, and on the following
day received the Royal assent.19
The news of the repeal of the stamp act was received in America
with the highest satisfaction. The relief from an immediate evil
was deemed of so much importance, that but little attention was
paid to the principles and claims that were advanced in the decla-
ratory act; indeed. that act was considered as being designed rather
to save the honor or pride of Great Britain, than to point out the
course to be afterwards pursued.
The Legislature of New Jersey was convened by the Governor
on the llth of June, 1766. His Excellency said that he had de-
ferred the meeting until he was enabled to communicate the deter-
mination of his Majesty, and of Parliament, respecting the stamp
act, and he congratulated the House upon the repeal. He ex-
pressed his satisfaction that no act of outrage or violence had been
committed in the province, and spoke of the "tenderness, lenity,
and consideration,, the wisdom, justice, and equity which his
Majesty and the Parliament have manifested on this signal occa-
sion." An address was afterwards prepared by the Assembly, to
the King, in which they expressed their gratitude to his Majesty,
his Ministry, and Parliament, for the relief that was experienced
by tRe removal of the burden of an "impolitic law."
19 The. King himself was opposed to the repeal, as were ajl his particular
favorites, and confidants. The Lords of the Bedchamber, and most of the
Bishops, as is said, urged that America should rather be desolated with fire and
sword, than pacified by concession. Griffith's Historical Notes, p. 26.
CHAPTER XIX.
IMPOSITION OF NEW TAXES. OPPOSITION TO THE NEW TAXES.
THE TEA DUTY. THE TEA DUTY RESISTED. CONGRESS OF THE
COLONIES. — PROCEEDINGS OF CONGRESS APPROVED IN NEW
JERSEY. COERCIVE MEASURES OF ENGLAND.
THE joy of the colonists on account of the repeal of the "im-
politic law," was not long continued. Measures soon followed
that were calculated to dampen satisfaction, and revive distrust.
A circular was received in the colonies from Secretary Conway,
in which he announced, that the King and Parliament were dis-
posed to forgive and forget the marks of an undutiful disposition
that had lately been shown, but at the same time required, that full
and ample compensation should be made to those who had suf-
fered from their deference to the act of the British legislature. This
order, though it might bear the semblance of justice, was yet
founded upon an assumption of the rightfulness of the act which
the people had resisted. This, together with other circumstances,
caused it to be but tardily and reluctantly complied with. Yet as
this was finally done, no important difficulty arose from this
source.1 More serious dissatisfaction was created by the execu-
tion of the act for quartering soldiers in the colonies. This act
required, that the troops should be furnished with quarters, fire,
bedding, candles, small beer, rum, &c., at the expense of the colo-
> The compensation required was for injuries done to the property of persons
connected with the distribution of stamps. In Boston and New York, especially
the former, opposition had been carried to violence, and the houses of some of
the officers demolished. The order for compensation was rendered more dis-
pleasing in Massachusetts, by the arrogant and positive manner of Governor
Bernard in demanding compliance therewith. The compensation was finally
made, but was connected with the addition of a free pardon to all offenders.
In this form the act \vaa but little acceptable, and was rejected by his Majesty,
but the compensation was afterwards furnished to the sufferers.
IMPOSITION OF NEW TAXES. 875
nies, and thus in effect a direct and unusual tax, was imposed. In
Massachusetts the requisition was partially complied with. In
New York the Governor applied to the Assembly to make the
required provision for the troops that had lately arrived under
General Gage, but the House replied, that according to their con-
struction of the act, it required, that all the forces that should at
any time enter the colony should be quartered during the whole
year in a very unusual manner, and that by marching several
regiments into the colony, the expense would be ruinous, and that
they could not, consistant with their duty to their constituents, put
it into the power of any one (whatever might be their confidence
in his prudence or integrity,) to impose such a burden. The re-
quisition was laid before the Assembly of New Jersey in June,
17B6, and the House directed that provision should be made
according to the former laws of the colony. The subject was
frequently urged by the Governor, who insisted upon full compli-
ance ; but the "unusual requisitions for the accommodation and
supply of the officers and troops, were said by the House to be a
matter of "surprise and concern," and they informed the Gover-
nor that they looked upon the act for quartering soldiers in
America to be virtually as much an act for laying taxes, as the
stamp act.2
But occurrences of a character still more unfavorable to har-
mony soon took place. In July, 1766, the administration of the
Marquis of Rockingham terminated, and was succeeded by one
composed of men of various political principles and parties.
Charles Townsend, a man whose qualities were far more brilliant
than solid, became Chancellor of the exchequer, and he presently
ventured a boast that he was able to devise a plan for taxing the
colonists. Grenville, the former Minister, actuated by dislike to
the colonists, or by a desire to retrieve in some manner his former
defeat, was constantly urging the adoption of plans for this purpose,
and at length abruptly charged upon the Ministry, that they were
deterred by fear from making the attempt. Townsend, yielding
to an excitement but little suited to the place or the occasion,
hastily declared: "I dare tax America," and directly proceeded
" Votes. Franklin's letter to Shelburne.
376 OPPOSITION TO THE NEW TAXES.
to vindicate his courage, at the expense it may be of his judg-
ment, and certainly at the cost of the best interests of the country.
Unhappily, a change had occurred in Parliament that enabled the
Minister to carry out his designs; a sense of justice had given
way to a feeling of pride, and a desire to reduce the colonists
again to subjection, began to prevail. Under these circumstances,
the Minister submitted a bill to the House for imposing duties on
glass, paper, paste-board, white and red lead, painter's colours, and
tea, payable on the importation of these articles into the colonies.
The preamble declared that it was expedient to raise a revenue in
America, and to make more certain and adequate provisions for
defraying the charge of the administration of justice in the pro-
vinces.3 This bill passed both Houses of Parliament with scarcely
any opposition, and became a law in June, 1767. Very soon
afterwards, the conduct of the Assemblies of Massachusetts and
New York was brought into notice ; the refusal of the latter to
comply with the requisitions for supplying the troops, gave par-
ticular offence, and an act was passed restraining the Legislature
of that province from passing any act whatever, until the late
requisitions were complied with. Nearly at the same time, an
enactment was made authorizing the King to put the customs and
other duties in America, and the execution of the laws relating to
trade there, under the management of Commissioners, to be ap-
pointed for that purpose, and to reside in the colonies.
These three acts were received in America almost at the same
time. The passage of such laws within one year after the strug-
gle against the stamp act, excited amazement and indignation
throughout the colonies. The act for laying duties on glass and
other articles, if somewhat different in form, as it imposed charges
to be paid upon imports, was yet in its principle and objects the
same as the stamp act. It was still a plan for taxing the people
without their consent. The entire suspension of legislation in a
* A provision in the bill empowered the Crown to establish a general civil
list throughout every colony in -North America to any extent, with salaries,
pensions, or appointments to the whole amount of the new du ies. This was
the attainment of the object that had been sought by every Minister since the
reign of Charles II, the establishment of a civil list independent of the Assem-
blies. It was a great advance toward the destruction of liberty.
OPPOSITION TO THE NEW TAXES. 377
colony, was a still further exercise of arbitrary power. Parlia-
ment not only assumed the functions which could only be right-
fully performed by the provincial Assemblies, but- threatened in
effect, to destroy the Assemblies themselves. If government could
be wholly suspended at the pleasure of Parliament, the colonists
were slaves indeed. But the same temper and spirit that had
formerly been manifested, were yet in existence in the provinces ;
and if resistance to the measures that were now in progress was
not so suddenly exhibited as on a former occasion, a feeling per-
haps still deeper, was gradually awakened. The people began to
inquire with closer scrutiny concerning their rights- Able political
essays were published, in which the real nature and tendency of
the measures of Parliament were clearly set forth, and the people
were exhorted to firmness and vigilence.4 Determination in-
creased with the light that was elicited by discussion and inquiry.
In December, 1767, the Assembly of Massachusetts convened,
and early in the session entered upon a consideration of the recent
enactments of Parliament. The Assembly plainly perceived that
the former attempt was renewed, and they at once resolved to
oppose it. They advanced anew their claim to all the rights
enjoyed by other subjects, and declared, that the late acts of Parlia-
ment, as well as those formerly passed, were as much revenue acts
as the land tax, customs, and excises in England. In reference to
the restraints upon the Legislature of New York, they said, that
the extension of such restrictions would be a short and easy
way of destroying all Legislative authority in America. In
February, 1768, they adopted a resolution for addressing a circu-
lar letter to the other colonies concerning the difficulties that must
accrue by the operation of the several acts imposing duties and
customs on the colonies. This circular was laid before the As-
sembly of New Jersey, by the Speaker, on the 15th of April,
1768, and on the following day it was referred to a committee to
4 Among the most able of these papers were the "Letters of a Pennsylvania
Farmer," written by John Dickinson. They obtained a great circulation and
wide popularity. Dickinson warned his countrymen not to be deluded by the
moderation of the new duties; declared that there was no solid distinction be-
tween the present and the former mode of taxation ; and urged to a resort to the
same measures of resistance that had formerly prevailed.
48 «
378 OPPOSITION TO THE NEW TAXES.
prepare and bring in an answer. A suitable reply was accordingly
prepared, and was transmitted to the Massachusetts Assembly.
Soon afterwards the House resolved that a dutiful and loyal ad-
dress should be presented to his Majesty, humbly beseeching him
to consider the distressed condition of the colonies On the 7th
of May the address was agreed to.5
« The address set forth that " before that happy period in which the empire
of the British dominions was, hy the favor of Divine Providence, for the felicity
of those dominions, and of Europe in general, established in your illustrious
House ; our ancestors, with the consent of the Crown, removed from their native
land, then abounding in all blessings, but that perfect security of liberty, and
that merciful spirit of administration which render your royal family so justly
dear to your remotest subjects ; and ventured with their helpless relatives through
a vast ocean, and trusted themselves with their tender companions to the un-
known wilderness of the New World, the horrors of which no consideration
could render tolerable but the prospect of enjoying here that complete freedom
which Britons never thought could be purchased at too dear a price. The sub-
jects thus emigrating brought with them, as inherent in their persons, all the
rights and liberties of natural born subjects within the parent state ; in conse-
quence of these, a government was formed under which they have been con-
stantly exercised and enjoyed by the inhabitants, and repeatedly and solemnly
recognized and confirmed by your royal predecessors and the legislature of
Great Britain. One of these rights and liberties vested in the people of this
colony, is the privilege of being exempt from any taxation but such as is im-
posed on them by themselves, or by their Representatives; and this they esteem
so invaluable, that they are fully persuaded, no other can exist without it. Your
Majesty's signal distinction is, that you reign over freemen, and your peculiar
glory, that you reign in such a manner, that your subjects, the disposers of their
own property, are ready and willing whenever your service calls upon them,
with their lives and fortunes, to assist your cause. Your people of this colony,
who share in the blessings flowing from your wisdom and virtue, most gratefully
sensible of their obligations to so excellent a Prince, hope they have never been
deficient in duly acknowledging them ; whenever it has been necessary that
supplies should be levied within this colony, requisition by your Majesty, or by
your royal predecessors, conformable to the rights and liberties of this, your
people, have been made, and readily complied with. We beseech your Majesty
to do them the justice to believe that they can never fail on any future occasion
to demonstrate their devotion. With such sentiments, your people observe
with the greatest anxiety and concern that duties have been lately imposed on
them by Parliament, for .the sole and express purpose of raising a revenue. This
is a taxation upon them from which they conceive they ought to be protected
by the acknowledged principles of the constitution, that freemen cannot be taxed
OPPOSITION TO THE NEW TAXES. 379
The circular of Massachusetts to the other colonies, created
alarm in the British Cabinet; it was supposed to be preparatory
to another Congress, and concert of action among the provinces
was dreaded. As a means of prevention, Lord Hillsborough, the
Secretary of State for the colonies, addressed a letter to the Gover-
nor of Massachusetts, directing him to require the Assembly, in
his Majesty's name, to rescind the resolution in relation to the
circular, and to declare their disapprobation of "that rash and
hasty proceeding." A letter was also directed to the Governors
of the several colonies, to be laid before the respective Assemblies,
in which the conduct of Massachusetts in sending the circular,
was declared to be "dangerous and factious" in its tendency; and
directions were given to the Governors to use their influence to
prevent the Assemblies from taking any notice of the circular, that
thereby it might be treated "with the contempt it deserved." It
is not certain that the warning or direction of the Secretary was
made known to the Assembly of New Jersey before action was
taken in the case, but if so, no effect whatever was produced.
No greater impression was made in the other colonies.6 But the
Assemblies were generally dissolved upon their refusal to comply
with the Secretary's wishes.
In the mean time, the new Board of Commissioners of Customs
established by the King, had entered upon the duties of their
office at Boston. They soon manifested an intention to enforce
the laws relating to trade, in the strictest manner. In May, 1768,
the sloop Liberty, belonging to John Hancock, arrived at Boston
laden with wines from Madeira. In landing the cargo, the
mode of procedure which had hitherto prevailed, was pursued,
but by themselves, or by their Representatives, and that they are represented in
Parliament, they not only cannot allow, but are convinced that from their local
circumstances they never can be." Votes, vol. 4. Gordon, p. 140.
8 The Assembly of Massachusetts decided by a vote of ninety-two to seven-
teen, that they would not rescind the resolutions of the former House. The
Assembly of New York resolved that they had an undoubted right to correspond
and consult with any of the neighboring colonies, or with any others of his
Majesty's subjects out of the colonies, on any matter or thing whereby they
might conceive their rights or liberties to be affected. Still stronger declarations
were made by the Assembly of Maryland.
380 OPPOSITION TO TUB NEW TAXES.
but the Commissioners declared that a false entry had been made,
and an order was given that the sloop should be seized. Whether
the allegation of the officers was supposed to be unfounded or not,
the resort to, force was considered an outrage, and was forcibly
met. Scenes of violence and tumult ensued, in which the pro-
hibitions or requisitions of law were but little regarded by any.
The measures of coercion which the officers of the Crown had
been the first to adopt, were afterwards further pursued, or pre-
pared for; two regiments of troops were quartered in the town,
for the purpose, as was said, of "giving assistance to the Magis-
trates in the preservation of peace, and the officers of customs in
the execution of the laws of trade. As might have been expected,
increased irritation and excitement was produced.
Whilst these events were passing in America, each session of
Parliament was opened with information from the King, that a
disposition prevailed in the colonies to refuse obedience to the
laws, and to resist the authority of the supreme legislature of the
realm. In answer to these representations, joint resolutions of
both Houses were adopted in February, 1769, condemning the
acts of the Americans, and an address was agreed upon approving
the conduct of the Crown, and giving assurances of support for
enforcing the laws within the province of Massachusetts. A re-
quest was also made to the King, that he would bring to punish-
ment the authors of the late disorders, and that he would direct
the Governor of Massachusetts Bay, to take the most effectual
means for obtaining the fullest information concerning all treasons
and misprisions of treason committed within his government since
the year 1767, with the names 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 35th, of Henry VIII." . The King, in reply, assured Par-
liament of his determination to give orders for bringing the authors
of the disorders in Massachusetts to "condign punishment."7
Though these proceedings were directed especially against Mas-
sachusetts, yet all the colonies considered themselves affected
thereby. The threat to transport the colonists to England for trial
1 Pitkin's History. Griffith's Tholes. Prior Document*.
OPPOSITION TO THE NEW TAXES. 881
excited strong indignation. The Assembly of New Jersey, (in
accordance with the previous action of the House of Burgesses in
Virginia,) passed a resolution, 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.8
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 off 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.9 Hence
the colonists continued their efforts to maintain their claims. Be-
side renewed declarations, non-importation agreements were gene-
8 Resolution, passed December 6th, 1769.
9 The Secretary proposed but a partial repeal, and that upon the ground of
commercial policy. No security would thus have been given in regard to the
rights of the colonists, and trade would still have been shackled.
382 OPPOSITION TO THE NEW TAXES.
rally continued, or new ones formed, by the merchants and traders
of the principal cities. New Jersey, from her limited trade, was
unable to give decisive support to measures of this description
by direct co-operation; but her cordial approval was expressed.
In October, 1769, the General Assembly resolved, by an unani-
mous vote, " that the thanks of the House be given to the merchants
and traders of this colony, and of the colonies of New York and
Pennsylvania, for their disinterested and public spirited conduct
in withholding their importations of British merchandize until
certain acts of Parliament laying restrictions on American com-
merce for the express purpose of raising a revenue in America,
be repealed." Meetings of the people were also held, where
similar views were expressed, and the violations of the non-im-
portation agreements, which had occurred at different places, were
severely condemned.10
Parliament again met on the 9lh of January, 1770, and soon
afterwards Lord North was appointed to the place of First Lord
of the Treasury. America was not yet "prostrate," on the con-
trary, universal and determined opposition to the measures of
Parliament was still maintained. Notwithstanding, on the 5th of
March, 1770, a bill was introduced by Lord North himself, for
the removal of the duties imposed by the act of 1767, on all the
articles excepting tea. The amount of revenue derived from the
dutfes had been as nothing compared with the injury done by the
interruption of harmony and intercourse. The trading interests
of England had been materially affected by the non-importation
agreements of the colonists. The Ministry were willing to remove
10 At Newport and Albany importations were continued for a time, except of
dutiable 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 Great Britain, contrary to the agreement, and that they would not trade
nor have any commercial intercourse with persons 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-
ingly. 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."11 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. The act establishing a Board of Commissioners
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 declaratory act which asserted th«
supremacy of 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 fired on by a
party of soldiers, and several persons were killed. This 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 the 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. In 1772, information was received that provision had
been made by the Crown for supporting the Governor, indepen-
dent of the Assembly. No measure since the passage of the stamp
Virginia Resolves.
384 OPPOSITION TO THE 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.
The 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 appointed 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 may 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 that "a com-
mittee of correspondence and inquiry 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."12 It was also agreed
that the resolution of the House should 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.
" The committee appointed were James Kinsey, Stephen Crane, Hendrick
Fisher, Samuel Tucker, John Wethejdll, Robert Friend Price, John Hinchman,
John Mehelm, and Edward Taylor. Votes, vol. 3, p. 122. Gordon, p. 154.
THE TEA DTTTY. OOO
Before these measures for gaining information and securing in-
tercourse and concert among the 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 the reserved duty on tea. The determination of the colonists
had nearly arrested the trade in this article ; the amount received
was 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 be found, and the
affairs of the company were becoming embarrassed.13 Under
these circumstances, an expedient was resorted to, which, 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
draivn 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 3d 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
immediately shipped large quantities of tea to different ports in
America, consigned to particular friends, or the friends of the
"» Seventeen millions of pounds were said to be remaining in the houses of
the company.'
49 .-"' .
380 THE TEA DUTY 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.11
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 forty-two chests, was emptied into the sea. In New Jersey no
occasion for a particular demonstration of feeling occurred at the
time; but, as will 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
whole 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,
in reply, expressed their readiness to comply with the purport of
his Majesty's message, and accordingly, on the 14th of March, a
bill was introduced to prohibit all commercial intercourse with
the 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 the latter, the people of the province were
"For a circumstantial account of the proceedings in Philadelphia, see Hazard's
Register, vol- 3, p. 370.
THE TEA DUTY RESISTED. 887
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.15 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,
arid by several noblemen in the House of Lords.18 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."17
But they declared their opinion, that if the other colonies would
agree to stop all importations from, and exportatiohs 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.
15 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 officers, and at these meet-
ings no other matter should be treated of except the elcctioH of such officers,
and nothing at any other meeting, except the business expressed in the leave given
by the Governor.
lli It was during this discussion that Burke delivered his celebrated speech on
American taxation. See Chapman's Speeches, p. 29.
"Titkiu, vol. l,p. 170.
d«8 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 recommendation 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.15 On the llth 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.19 In this circular the late oppressive measures 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 that 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 differed 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 only
!a Proceedings of New Jersey Historical Society, vol. 1, no. 4.
' Sec this circular in proceedings of N. J. Historical Society, vol. 1, p. 186.
CONGRESS OF THE COLONIES. 38U
be reached 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 persons 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.20 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.21
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.22 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
20 This committee consisted of William Peartree Smith, John Chetwood,
Isaac Ogden, Joseph Borden, Robert Field, Isaac Pierson, Isaac Smith, Samuel
Tucker, Abraham Hunt, and Hendrick Fisher. Gordon, p. 157.
21 " To James Kinsey, William Livingston, John De Hart, Stephen Crane, 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
Congiess. 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 Moores, 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.
2i Georgia was not represented.
390
CONGRESS OF THE COLONIES.
the consent, and on behalf, 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.23 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 different parts of the country.24 The " sympathy"
M Story's Commentaries, Griffith's Notes, Pitkin's History. In the two latter
the proceedings are given in detail.
M The people of Monmouth sent their " present" and wrote to their brethren
of Boston "not to give up, and if they should want a further supply of bread, to
let them know." The people of JJlizabethtown (July 28th, 1774,) addressed
the committee of correspondence in Boston. They said " the arbitrary and cruel
oppression under which your metropolis now labours from the suspension of
commerce, must inevitably reduce multitudes to inexpressible difficulties and
PROCEEDINGS OF CONGRESS APPROVED IN NEW JERSEY. 391
between the people of Boston and those of New Jersey was also
shewn in a different 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-enacted, though in a manner some-
what different ; the whole quantity of tea was seized, carried to
an open place, and there burnt to ashes.2"' . .
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 late 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
leading 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- 1 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
the 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 this or the other provinces, to usurp and exercise any of the
powers vested in you by the constitution. It behooves you to
distress." They requested to be advised in what way they could most acceptably
contribute to their necessities, whether by money or articles of provision, 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 suffering poor of Boston."
" Johnson's Salem, p. 12:9.
392 PROCEEDINGS OF CONGRESS APPROVED 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 4hat a vote so
taken should not be binding upon any colony without the assent
of its delegates.26
Besides these acts of the Assembly they replied to the Gov-
ernor's address. They mentioned, that if, in accordance with
the petitions that had been offered to his Excellency, an earlier
opportunity for the transaction of the business of the province
had been given, some of the "alarming transactions" which were
said to have occurred, might possibly have been prevented.
They said that no arguments were necessary to induce them to
* In the Congress, each colony had been allowed one vote, hut attempts had
been made to give a greater number to the larger States.
COERCIVE MEASURES OF ENGLAND. 893
guard 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 King, 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 differences 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 fully 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."27 The legislature made their petition, but, as was the
case with others, it was spurned from the throne.
The British Parliament met on the 29th of November, 1774.
The King informed them that most daring resistance to the laws
continued to be made in Massachusetts, and that 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 Commons entirely- concurred with the views of the King.
But the purposes of the Ministry, if formed at the time, were not
fully explained. The Fir&t Lord of the "Treasury merely an-
nounced, that after the usual recess for the holidays he would
-' Votes of February 3d, 1775. Gordon, p. 158.
50
394 COERCIVE MEASURES OF ENGLAND.
bring the papers relating to America to the notice of the House.28
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 ought
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 taxation must go together, they are
inseperable. The Americans he said do not hold the language
of slaves, they speak out ; they do not ask a repeal of our laws as
a. 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.29
Almost at the opening of business in the Commons, numerous
28 Notwithstanding the apparent hesitation of the Ministry, there is reason to
believe that forcible measures had then been resolved on, in case the colonies
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 we
can do to support our authority. If we are defective in power, we must sit down
contented and make the best terms we can, and nobody can blame us after we
have done our utmost." In a letter to Reed, of Philadelphia, dated December
17th, Quincy declared, "I look to my countrymen with the feelings of one who
verily believes that they must yet seal their faith and constancy to their liberties
with blood."
v There were but 18 Loids for the motion, and 77 against it
COERCIVE MEASURES OF ENGLAND. 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 twenty-seventh, the day following 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 a state 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,
30 The Lords Richmond, Craven, Archer, Abergaveny, Rockingham, Wy-
combe, Courtenay, Torrington, Posonby, Chalmondely, Abingdon, Rutland,
Camden, Eifingham, Stanhope, Scarborough, Fitswilliam, and Tankervi le,
protested against the address "as founded on no proper Parliamentary informa-
tion being introduced by refusing to suffer the presentation of petitions against
it (though it be the undoubted right of the subject to present the same;1 as fol-
lowing the rejection of every mode of conciliation ; as holding out no substantial
offer of redress of grievances ; and as promising support to those Ministers who
had inflamed America, and grossly misconducted the affairs of Great Britain.
396 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 ta
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.31 During
the pendency of this proposal in Parliament, Lord North surprised
his political friends, as well as opponents, by coming forward
with a "conciliatory plan" which he offered 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 that their
31 The particular reasons for the selection of these colonies as objects of favor
are not entirely clear. But the tardy appearances of the deputies from North
Carolina, in Congress, and the entire lack of any representation from Georgia,
may have possibly been considered. In the case of New York, the former re-
fusal of the traders of her principal city to adhere to the non-importation agree-
ments, could hardly have been forgotten. Beside this, New York refused, in
regard to certain particulars, to accede to the recommendations of Congress. If
this refusal which was made in January, 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 this 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 proffered advantages; on the contrary, they rather
regarded the ofler as an injury.
COERCIVE MEASURES OF ENGLAND. 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.32 It was finally adopted by a large majority. Other concili-
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,33 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 colony , and disposable by Parliament, and
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 such
proposal shall be approved by his Majesty in Parliament, and for so long as
such provision shall be made accordingly, to forbear in respect to such colony
to levy any duty, tax, 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 speciousness of this plan led many to suppose that important
concessions were to be offered to America, arid hence the high prerogative party
loudly condemned it, and thought themselves betrayed by the Minister. But
this opposition was quieted by closer examination, and by the ex| lanations that
were made. It was represented by Lord North, or his confidants, that the plan
would probably be rejected by most of the colonies, but would tend to disunite
them; and the offer of such terms would also satisfy the people of England in
regard to the course of the government.
33 The circular was written on the 4th of January, and on the 24th, as before
stated, the former delegates were re-appointed.
398 COERCIVE MEASURES OF ENGLAND.
appointments 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.
CHAPTER XX.
THE SECOND CONTINENTAL CONGRESS. THE PROVINCIAL CONGRESS
OF NEW JERSEY.— CONSTITUTION OF NEW JERSEY.
THE second General Congress convened on the 10th of May,
1 775. 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 act on 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
490 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.1
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. He believed that the offers 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.2 Under no circum-
stances, however, could these have prevailed with the House on
-the 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 sitting to consider the
situation of affairs in America, the present meeting had not been
deferred until the sense of that body should be known, as they
supposed that no one would suspect them of an intention to aban-
1 Georgia had not yet become associated, but her accession took place in July,
and the "Thirteen" then became united.
a Beside the general course of the Governor, the attention of the House was
called at this time to statements purporting to come from his Excellency, in re-
lation to the previous action of the House. A copy of the "Parliamentary
Register" was produced, containing a letter from the Governor to Lord Dart-
mouth, in which the former represented the Assembly as having been divided
in their approbation of the proceedings of the late Congress. The Assembly
requested to know of the Governor whether the extract contained a true repre-
sentation of the substance of the letter written by him. His Excellency com-
plained 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.
Votes, vol. 4, p. 15. Gordon, p. 162.
SECOND CONTINENTAL CONGRESS. 401
don the cause of their country.3 But they said they had considered
the proposal that had been offered, and though they wished to
avoid a hasty conclusion, they could form no other opinion than
that it was essentially the same that had heretofore been made ;
that it did not appear to be materially different from that which
was presented before the passage of the stamp act ; they said
that America did not comply with it then, and that though 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 effectually 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 involved
by assent to so undeterminate a provision. "Upon the whole,"
they said, "though sincerely desirous to give every mark of duty
and attachment to the King, and to show all due deference to the
Parliament, we cannot, consistent with our real sentiments, and
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 the
hearts of all men, may avert the calamities impending over us, and
influence our Sovereign, his Ministry, and Parliament, so as to
induce them to put a stop to the effusion of the blood of the Colo-
nists, who wish always to look upon their fellow subjects of Great
Britain as their brethren."
3 The concilatory plan was afterwards brought forward in Congress, and
was referred to Franklin, Jcftbrson, Adams, and Lee, and on the report of this
committee, on the 31st of July, Congress rejected the terms as unreasonable,
insidious, and unsatisfactory.
51
402 PROVINCIAL CONGRESS.
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 correspondence.
The latter body met at the same place on the 2d of May, 1775.
Taking into consideration the alarming condition of public affairs,
especially the commencement of 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 23d 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.4 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 Paterson 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 Christian
people, to look up to that Ail-Powerful Being by whom all human
events were guided, and to implore his favor, and direction.5
4 There were five from Bergen, thirteen from Essex, eleven from Middlesex,
seven from Morris, eight from Somerset, four from Sussex, seven from Mon-
mouth, fifteen from Hunterdon, five from Burlington, three from Gloucester,
three from Cumberland, five from Salem, and one from Cape May. [Journal
of Proceedings.'] The meetings and proceedings of this body (as well as previ-
ous meetings of a similar character,) are to be carefully noticed. The people
had been driven by the refusal of the Governor to call the Assembly, to an in-
dependent procedure, and this course of procedure was now continued, and thus
the Prwindal Congress came, in a great degree, 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 be opened with prayer.
PROVINCIAL CONGRESS. 403
The Congress then determined that the existing contest with
Great Britain was of such a nature, and had arrived at such a
crisis, that the present meeting had become absolutely necessary
in order to provide ways and means for the security of the pro-
vince ; though at the same time, they declared their veneration for
the person and family of his Majesty George III. They declared
their approval of the 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.6 It was then resolved, that in the pro-
ceedings of the Congress, each county should have one vote. At
an early period, a written message was 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,7 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
6 The independent measures that had formerly been resorted to, were here
expressly approved, and a similar course of action was resolved upon for the
future.
7 Pierpont Edwards.
404 PROVINCIAL CONGRESS.
of subjugating the American colonies, and being apprehensive that
all pacific measures for the redress of grievances would prove in-
effectual, they thought it necessary that the inhabitants of the
province should forthwith 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, by a levy within the several counties, the appor-
tionment and collection of which was to be made according to a
rate and manner prescribed.8
A General Committee 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 engage the 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 !Xew 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 hostilities already commenced in Massachusetts Bay for
carrying that design into execution; convinced that the 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 State 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 support and carry
into execution whatever measures may be recommended by the Continental
and our Provincial Congress, for defending our constitution and preserving 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 officers in the execution of their duty agree-
able to the laws of this colony; and to observe the directions of our committee,
acting according to the resolutions of the aforesaid Continental and Provincial
Congress ; firmly determined by all means in our power, to <^iard against those
disorder* >\nd confusions to which the peculiar circumstances uf the times may
expose us. Journal, p. 12.
PROVINCIAL CONGRESS. 405
was not yet in view. The Americans were resolved to maintain
their rights by every means at their command ; yet independence
was not contemplated as their ultimate object. But their imme-
diate purpose was promptly and vigorously pursued. Even during
the sitting of the General Congress, active military operations
were commenced. Early in Ma'y, 1775, an enterprise was planned
in Connecticut, to take the fort at Ticonderoga, and secure the
military stores at that place, for the use of the colonies ; and this
plan was carried into execution under the direction of Colonels
Allen and Arnold. Near the last of May, Generals Howe, Clinton,
and Burgoyne arrived at Boston with new forces, to compel the
submission of the colonists, but the battle of Bunker Hill, which
took place on the 17th of June, gave evidence that "submission"
was not to be easily enforced.
The Provincial Congress of New Jersey again met on the 5th
of August. Nearly the same number, and with a few exceptions,
the same individuals were present as before. Regulations were
now adopted to ensure the collection, and the proper employment
of the funds which had been ordered to be raised, and also for the
fuller organization and establishment of the military force. Fifty-
four companies, consisting of sixty-four men each, were to be
raised, and the proportionate number to be supplied by each of
the counties was determined. Two Brigadier Generals were also
appointed.9 Penalties were prescribed in cases of refusal to enrol
in the service, or to attend at the times and places of mustering;
but it was resolved that "as there are a number of people within
this province whose peculiar religious principles will not allow
them in any case to bear arms, this Congress intend no violence
to conscience, and therefore would earnestly recommend to all
such persons to contribute the more liberally in these times of
universal calamity, to the relief of their distressed brethren in the
several colonies, and to all other services for their oppressed
country, consistant with their religious profession.10
A most important measure of the Congress was that for secur-
9 One only, Phileman Dickcrson, was appointed at first, but soon afterwards
William Livingston was named as the other.
10 This lilicral provision was afterwards nearly annulled by more rigid regu-
lations.
406 PROVINCIAL CONGRESS.
ing the continuance and action of the body. It was declared to
be expedient, at a time when the 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 was therefore
resolved, that the inhabitants in 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 Jive
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 that 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,11 and a Committee of Safety was
chosen, to act as an executive body during the continuance of the
recess of Congress.12 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 with previous resolutions, assembled
on the 3d of October, pursuant to appointment. The number of
members was reduced, agreeably to the regulations upon the
subject already noticed. Samuel Tucker was chosen President,
Hcndrick Fisher, Vice President, and John Mehehn, upon general
" Jonathan D. Sergeant.
12 The Committee of Safety were Hendrick Fisher, Samuel Tucker, Isaac
Pearson, John Hart, Jonathan D. Sergeant, Azariah Dunham, Peter Schenck,
Enos Kelsey, Joseph Borden, Frederick Frelinghuysen, and John Schureman.
Journal, p. 24.
PROVINCIAL CONGRESS. 407
request, consented to act as Secretary, until another should be
chosen.13 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 affairs. 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.14
The mode of raising funds to defray the increasing expenses
of the colony was a difficult but an important part of the business
of the Congress. The amount already ordered had not been
fully received, and petitions were presented from different 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
13 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.
14 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, (September 16th, 1776,) this point
was decided. The General Congress determined that the appointment of all
officers, and filling up vacancies, except general officers, 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 Qf
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 different parts of the province, praying that house-
holders 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 Brunswick on the 1st
of April, 1776, 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 different 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 of
American liberty, and opposing every measure for its preserva-
tion ; that the different assembles, -conventions, and committees
or councils of safety in the colonj.es, should take the most speedy
and effectual measures to restrain the wicked practices of these
men." In accordance with this recommendation, the committee
PROVINCIAL CONGRESS 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.15
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 was done both in
his intercourse with public bodies, and also with individuals.'6
On the 16th of November, 1775, he convened the 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 affairs, 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." His 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
they 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
15 Journal of Proceedings, pp. 135-6.
18 A correspondence of some warmth was carried on between the Governor
and Lord Sterling in reference to the appointment of the latter to the command
of a regiment of militia. Life of Lord Sterling, p. 114.
52
410 . PROVINCIAL 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.17 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.18
" 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 principles. 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. Votes, vol. 4, p. 18.
18 During the period 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 New Jersey. In the year 1768, an extension of representation was gained
by the. confirmation of an act for giving representatives to the 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 sitting 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.
Thifi grant had been long solicited; but the laws passed by the Assembly had been
PROVINCIAL CONGRESS.
411
In consequence of communications from the Continental Con-
gress, the committee of safety summoned the Provincial Congress
ot New Jersey, which accordingly met on the 31st of January,
1776. A principal part of the object of the meeting was to make
provision to meet the requisitions for additional trQOps. The
General Congress having been informed of the design of the"
British Ministry to make an attack upon the colonies by way of
Canada, had resolved upon an attempt to anticipate the design,
by taking possession of the strong posts in that province. The
attempt was made, but was not folly successful, and it became
necessary that additional forces should be raised, of- which New
Jersey was required to furnish a part.19 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 legisjature, but this
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 by future acts, had thought proper to make a settlement during the ex-
istence of that loan, upon the officers 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 required to furnish another battalion.
412 PROVINCIAL CONGRESS.
it was now resolved that the sum of fifty thousand pounds should
be issued. Full provision was made for sinking1 these bills by
instalments, within specified times, by taxes to be levied within
the counties, upon real and personal property, including all
mortgages, bonds, bills, notes at interest, and slaves.20
On the 14th of February, the Congress proceeded to elect
delegates to represent the province in the Continental Congress,
and William Livingston, John Dehart, Richard Smith, John
Cooper, and Jonathan D. Sergeant were unanimously chosen.
They were chosen to serve for one year, or until others should
be appointed, and it was resolved that they, or three or more of
them, should have full power to consent and agree to all measures
which the Continental Congress should deem necessary, and that
the province should be bound to execute to the utmost of its power
all resolutions which the said Congress might adopt.
The question respecting the right of suffrage, which had been
agitated at the former sitting, was now again presented. Petitions
in favor of an extension of the right, were offered from different
parts of the province, and also a number of counter petitions. The
subject was fully considered and was finally decided by putting the
question " whether every person of full age who hath, immediately
preceding the election, resided one whole year, in any county of
the colony, and is worth at least fifty pounds in real and personal
estate, shall be admitted to vote in the county wherein he resides,
for representatives in Provincial Congress, or not? It was decided
in the affirmative, nine counties voting for, and four against it.21
20 Nine thousand five hundred bills were to be struck, each of the value of
three pounds, ten thousand each of the value of one pound ten shillings, six
thousand six hundred and sixty-seven, each of the value of fifteen shillings, and
five thousand, each of the value of six shillings. The bills to be in form as
follows : " This bill by an ordinance of the Provincial Congress, shall pass
current in all payments within the colony of New Jersey for . Proclama-
tion money, dated the 12th of February, 1776."
u The ordinance as finally' prepared and adopted, prescribed " that all free-
holders qualified to vote for Representatives in General Assembly in this colony,
who have signed the general association recommended by this Congress; and
all other persons of full age who immediately preceding the election shall have
resided for the space of one year in any county of this colony -and are worth at
least fifty pounds proclamation money in personal estate and have signed the
PROVINCIAL CONGRESS. 413
Another measure followed upon the determination of this question.
It was deemed advisable that the people of the colony admitted to
vote under the present regulations, should have an opportunity to
participate in the choice of representatives, and it was therefore
resolved, that there should be a new election of deputies to serve
in Provincial Congress, for every county of the colony, on the 4th
Monday in May, yearly, and every year, during the continuance
of the present troubles. Special regulations were made in regard
to the mode of conducting the elections. It was also resolved, that
in all future meetings of the Congress, the votes should be taken
from the members individually, and not from the counties collec-
tively, and that the Congress should have power to judge of the
qualifications of its own members, and to reject any deputy or
deputies for sufficient cause. It was then resolved, that "on the
4th Monday in May next, this Congress shall be, and is hereby
dissolved; any thing in the ordinance of the late Provincial Con-
gress, to the contrary, notwithstanding."
During this period, important changes were taking place in the
relations between the colonies and Great Britain. It has been
seen that notwithstanding their vigorous prosecution of measures
of resistance, the colonists did not design a final separation.
Independency was not their object. But a change of opinion and
feeling was consequent upon the march of events. In September,
1775, the final petition of the General Congress to the King, was
rejected, and in a manner by no means calculated to soften or con-
ciliate.22 An early call of Parliament followed. In his address,
the King accused the colonists of revolt, hostility, and rebellion,
and declared that the rebellion was carried on for the purpose of
establishing an independent empire. To prevent this design, he
said, the most decisive measures were required, and the aid of
Parliament was invoked. Parliament readily answered. About
the close of the year 1775, an act was passed prohibiting all trade
with the colonies, and authorizing the capture and condemnation
general association as aforesaid, shall be admitted to vote in the county where
he resides, for deputies to the Provincial Congress." Journal, p. 228.
m Mr. Penn, who presented the petition, was informed that no answer would
be given.
414 PROVINCIAL CONGRESS.
of all American vessels and their cargoes, and ef all other vessels
found trading in any port or place in the colonies, as if the same
were the vessels and effects of open enemies; and the vessels and
property thus taken were vested in the captors, and the crews
were to be treated not as prisoners, but as slaves. Nearly at the
same time agreements were entered into with certain German
Princes, particularly the Landgrave of Hesse-Cassel, taking into
pay 17,000 troops, to be employed against the Americans, and an
additional force of 25,OQO men was also to be sent over. "Such
measures as .these were eminently calculated to exasperate and
alienate "the Americans, and to dispose them to a final separation
from the mother country; and" such a disposition soon began to be
manifested. During the winter of 1775-6, several publications ap-
peared, in which independence of England was openly proposed
and urged.23 The measure soon began to be generally considered
by the people, and not long afterwards received the sanction of
several public bodies. WhetRer it was distinctly contemplated at
the time by the Provincial Congress of New Jersey, is uncertain,
but the delegates in Continental Congress were authorized by the
instructions of the 14th of February, to join in the general voice
of the colonies^ and pursue such measures as might be deemed .
most beneficial for the public good. On the 22d of April, the
Convention of North Carolina empowered their delegates to con-
cur with others in declaring independency. Early in May, the
Convention of Virginia unanimously instructed their delegates to
propose to the General Congress to declare the united colonies,
free and independent States, absolved from allegiance and depen-
dence upon the Crown or Parliament of Great Britain.
The action of the Continental Congress was in unison with the
sentiments expressed in the colonies ; a series of measures were
resolved upon by that body, tending toward a final separation from
the mother country. The " prohibitory laws" of Parliament were
answered by a direction of Congress, that reprisals should be made
both by public and private armed vessels ; and the ports of the
country were opened to all the world, except the dominions of
n Among these publications, one entitled " Common Sense," written by
Thomas Paine, was supposed to have been most influential.
PROVINCIAL CONGRESS. 415
Great Britain. On the 10th of May, 1776, Congress recommenced
to the Assemblies and Conventions of the colonies, "to adopt such
governments as should, in the opinion of the representatives of the
people, best conduce to the happiness and safety of their con-
stituents in particular, and America in general." In the preamble
to this resolution, (adopted five days later,) it was declared, that
"it w*as i-rreconcileable to reason and good conscience for the
colonists to take the oaths required for the support of government
under the Crown of Great Britain, and that it was necessary that
every kind of government under the Crown, should be suppressed."
In New Jersey action was so promptly taken upon this subject,
that an independent government was formed, even in advance of
the declaration of independence by the General Congress. It has
been seen that a resolution was adopted by the Provincial Con-
gress for a new election of delegates on the 4th Monday in May,
1776. Representatives were accordingly chosen at that time in
all of the counties, and the members convened, according to ap-
pointment, at Burlington, on the 10th of June. Sixty -five mem-
bers were in attendance, five from each of the thirteen counties.
On the llth they met and proceeded to the election of officers,
when Samuel Tucker, a member from Hunterdon, was chosen
President, and William Paterson of Somerset, was appointed
Secretary. The proceedings of this body were of the highest
importance, not merely in reference to the immediate, but also to
the ultimate interests of New Jersey. A form of government was
devised and adopted under which independence was achieved, and
which was afterwards continued, until a high degree of prosperity
and happiness was reached by the people.24
At an early period, a communication was received from the
Continental Congress, stating that thirteen thousand eight hundred
troops were to be employed to reinforce the army of New York,
54 The precise character of the body by which the first constitution of New
Jersey was framed, has been a subject of much inquiry and doubt. It is here
seen that it was the Provincial Congress, a body quite distinct from the As-
sembly. It had not been chosen for the particular purpose of forming a con-
stitution, but entered upon it, in pursuance of the recommendation of the Gene-
ral Congress, and in compliance with petitions from the people, together with
the sense of the body itself, as to the necessity of the measure.
416 PROVINCIAL CONGRESS.
of which number, three thousand were requested from New Jersey.
This request was complied with ; an ordinance being passed for
the purpose on the 14th. On the same day, a proclamation made
by Governor Franklin, was taken up for consideration. Probably
with a view of obstructing the measures that were in progress, his
Excellency had issued a proclamation in the name of the King,
appointing a meeting of the General Assembly of the province, on
the 20th of June. On the 16th the Provincial Congress resolved
"that in the opinion of this Congress, the said William Franklin,
by such proclamation has acted in direct contempt and violation
of the resolve of the Continental Congress of May last."25 It was
further resolved, that in the opinion of this Congress, "the said
William Franklin has discovered himself to be an enemy to the
liberties of this country, and that measures ought to be immedi-
ately taken for securing his person, and that from henceforth all
payments of money to him, on account of salary, or otherwise,
should cease."26 Petitions were received from the inhabitants in
as Reference was here made to the resolution before noticed, that it was ne-
cessary that all authority under the Crown should be suppressed.
26 The General Congress had recommended to the colonies to arrest and
secure every person whose going at large would, in their opinion, endanger the
safety or liberties of the country. In pursuance of this recommendation, and of
their own resolution, an order was issued to Colonel Nathaniel Heard, of the
Middlesex battalion, directing him to wait on Governor Franklin and require
his parole not to depart from certain places mentioned (the choice of which was
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 17th 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 officer
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 time, a
communication was addressed to the General Congress, informing that body of
the conduct of the Governor, and of the proceedings that had been taken in the
case, and requesting their advice and support. To this communication a reply
was made in which the General Congress recommended, that the examination
of the Governor should be proceeded with, and that if the Provincial Congress
should be of opinion that the Governor should be confined, the Continental
Congress would direct the place of confinement, they concurring in opinion
PROVINCIAL CONGRESS. 417
different parts of the province, praying that a new mode of govern-
ment miwht be established, and on the 21st a resolution was
adopted " that a government be formed for regulating the internal
police of this colony, pursuant to the recommendation of the Con-
tinental Congress of May last." This resolution was passed by
a vote of 54 to 3. On the 22d, the Congress proceeded to elect
delegates to represent the colony in the Continental Congress ;
they were chosen for one year, or until others should be appointed.
Richard Siockton, Abraham Clark, John Hart, Francis Hopkin-
son, and Dr. John Witherspoon were chosen. They were em-
powered and directed to join with the delegates of the other colo-
nies, in the most vigorous measures for supporting the just rights
and liberties of America, and also, if they should think it necessary
and expedient, to join in declaring the united colonies indepen-
dent of Great Britain; to enter into a confederacy for union
and common defence, and make treaties with foreign nations; and
to take such other measures as might seem necessary for these
great ends; it being promised that they should be supported with
the whole force of the province. But they were instructed, that
whatever confederacy they should enter into, the regulation of the
internal police of the province was to be reserved to the provincial
legislature. On the same day (the 24th,) the subject of the forma-
with the Provincial Congress, that he should not be confined in New Jersey.
The Governor was brought before the Congress on the 21st of June, but he re-
fused to answer the questions that were put to him, and denied the authority of
the body, which, he said, had usurped the King's government in the province ;
whereupon the Congress resolved that as he appeared to be a virulent enemy
to the country, he should be confined in such place as the Continental Congress
should direct. Soon afterwards that body transmitted a resolution that Governor
Franklin should be sent under guard, to Governor Trumbull, of Connecticut,
who was desired to take his parole, and if he should reTuse to give his parole,
that he should be treated according to the resolutions of Congress respecting
prisoners. This order was executed, and Franklin remained a prisoner in Con-
necticut until the end of the war, when he sailed for England. He resided
in that country until his death, enjoying a pension from the government.
Besides his general course in New Jersey, the feeling against him was increased
in consequence of letters that he wrote to England concerning the transactions
in the province, some of which letters were intercepted.
See Life of Lord Sterling, p. 121.
53
418 THE CONSTITUTION.
lion of a new government was again taken up, and a committee con-
sisting of Messrs. Green, Cooper, Sergeant, Ogden, Elmer, Hughes,
Covenhoven, Symmes, Condict, and Dick, was appointed to pre-
pare a draught of a constitution. Two days afterwards (the 26th,)
the committee reported a draught, which was held under considera-
tion, in committee of the whole, until the 2d of July, when it was
adopted by the house upon the question, " whether the draught of
the constitution formed on the report of ihe committee of the whole,
be confirmed now, or deferred for further consideration ?" Twenty-
six members voted "now," and nine "for deferring." The instru-
ment was thus adopted on the 2d of July, 1776, two days before
the declaration of independence by the Continental Congress. But
the constitution of New Jersey, though it provided for the estab-
lishment of a government under popular authority, fell somewhat
short of a full assertion of independence. It contained a clause
providing, lhat if a reconciliation should take place between Great
Britain and her colonies, the instrument should become null and
void ; but otherwise should remain in full force and virtue. This
provision, however, was not satisfactory to the whole of the body,
and the day after the adoption of the instrument, a question was
taken, whether it should be printed immediately, or the printing
be deferred for a few days, in order to reconsider in a full house
the propriety of the clause just mentioned. It was decided by a
reduced majority, in a very thin house, that it should be printed
at once, and distributed among the people. Had there been but a
brief delay, there is every reason to believe, that this single mark
of a dependent relation would have been wholly removed. Pro-
bably, however, the reservation exerted no influence upon subse-
quent action.27
The constitution now adopted, contained an assertion of most
important principles in government. In the preamble it was de-
clared, that all the constitutional authority ever possessed by the
King of Great Britain over the colonies, was, by compact, derived
27 Gordon attributes the introduction of this clause to the influence of Presi-
dent Tucker. He says " the door of retreat was kept open by the fears of the
President, who, a few months after, claimed the clemency of the enemy, with
whom, this clause gave him an interest."
THE CONSTITUTION. 419
from the people, and held for their common interest; and that as
allegiance and protection were reciprocal ties, each equally de-
pending upon the other, and as George the Third, the King of
Great Britain, had refused protection to the people of the colonies,
and attempted to subject them to an absolute rule, and made war
upon them in the most cruel and unnatural manner, all civil au-
thority under him was necessarily at an end. This declaration
went to the entire subversion of the former pretensions of the
Crown ; contrary to the claim that had been frequently advanced,
that government might be established, or modified, or suspended,
according to royal discretion ; it regarded the authority of the King
in the colonies, as elsewhere, as being derived from the people,
and held upon the condition that it should be used for their benefit.
And this principle was now to be acted upon. The King, in con-
sequence of an abuse of the authority he held, having forfeited all
claim to allegiance and obedience, the people assumed the right of
determining and acting for themselves. Hence it was declared,
that " we the representatives of the colony of New Jersey, having
been elected by all the counties in the freest manner, and in Con-
gress assembled, have, after mature consideration, agreed upon a
set of charter rights, and the form of a constitution." In framing
the instrument, it may be, that the great principle already men-
tioned, may not in all respects have been fully maintained ; it may
be that a degree of authority was given to government, that would
seem not perfectly consistent with the theory of popular rights ;
yet a plan was devised that was found to be little objectionable in its
practical working, that admitted of the enjoyment of a full measure
of liberty, and of the attainment of a high degree of prosperity.
The constitution contained some provisions directly restrictive of
the action of government. No person should be deprived of the
privilege of worshipping Almighty God in a manner agreeable to
the dictates of his own conscience, nor under any pretence be com-
pelled to attend any place of worship contrary to his own faith
and judgment; nor should any be obliged to pay tithee, taxes, or
other rates for the purpose of building or repairing any church,
or for the maintenance of any ministry, contrary to what he should
believe to be right, or have engaged to support. There should be
no establishment of any one religious sect in preference to an-
420 THE CONSTITUTION.
other; nor should any Protestant inhabitant of the colony be
denied the enjoyment of any civil right, merely on account of
his religious principles. The inestimable right of the trial by jury
was to remain as a part of the law of the colony, without repeal,
forever. Limitations were also laid down, in the oath or affirma-
tion to be required of the members of the legislative department of
government.28
The government of the province was vested in a Governor,
Legislative Council, and General Assembly. The Council and
Assembly were to be chosen yearly by the people ; one member
of Council, and three members of the Assembly in each of the
counties ; but the number of members of the Assembly might be
changed by the voice of a majority of the Council and Assem-
bly, as might be judged equitable and proper, provided that
the whole number should not be less than thirty-nine. The
members of Council were to be inhabitants and freeholders in the
counties in which they were chosen, and to be worth at least one
thousand pounds proclamation money of real and personal estate
in the county ; and the members of the Assembly were to be in-
habitants of the county, and worth at least five hundred pounds
proclamation money in real and personal estate. All the inhabi-
tants of the colony who were of full age, and worth fifty pounds
clear estate in the county, and who had resided therein for twelve
months before the election, were to be entitled to vote for Repre-
sentatives.29 The Assembly were empowered, when met, to choose
28 The members of both houses were to be required, before taking their seats,
to take an oath or affirmation, not to assent to any law, vote, or proceeding that
should appear to them to be injurious to the public welfare, nor any that should
be contrary to the provision for an annual election of members of the Legisla-
ture, or for the trial by jury, or for a free toleration in respect to religion and
worship.
29 The property qualifications required of theelectors and the elected, was a part
of the constitution that has exposed it to objection. The subject, however, had
been introduced and canvassed in part in former meetings of the Provincial Con-
gress, and the provisions inserted in the constitution, were nearly in accordance
with previous resolutions, and were probably as liberal as opinion would warrant at
the time. But they were found to be too strict for a subsequent period, and relief
was obtained by a stretch of authority on the part of the Legislature, and by the
THE CONSTITUTION. 421
a Speaker, and other officers, to be judges of the qualifications of
their own members, sit on their own adjournments, prepare bills
to be passed into laws, and to empower the Speaker to call a
meeting when any unusual occurrence should render it necessary.
The legislative Council were empowered to prepare bills to pass
into laws, and have other like powers as the Assembly, and in all
respects to be a free and independent branch of the legislature,
only, that they were not allowed to prepare or alter any money
bill; this was the privilege of the Assembly alone.30
The Council and Assembly jointly at their first meeting after
each annual election, were, by a majority of votes, to elect " some
fit person" within the colony, to be Governor.31 The Governor
was to continue in office for one year, and be the constant Presi-
dent of the Council, and have a casting vote in their proceedings,
but a Vice President was to be chosen by that body, to act in the
absence of the Governor. The Governor, or in his absence, the
sanction of general custom. The qualification, as regards the elected, ceased to
be much regarded, and it was evaded as to the ekctors, by an enactment (passed
in June, 1820,) that all persons who should have paid a county tax, and whose
names were enrolled on the tax list, should be deemed and taken to be worth
fifty pounds clear estate. At the same' time, the words, " all the inhabitants"
were explained to mean, the free white male citizens of the State of the age of
twenty-one years.
30 This restriction upon the action of the Council, has been attributed to
" haste and confusion of ideas." It is supposed to have been copied from the
British government, under which the right to grant money is claimed by the
Commons, because the other branches of the legislature are presumed to have
an interest, and to be subject to an influence, foreign to the mass of the people.
But here the Council, like the Assembly, being chosen by the people, no reason
for such a distinction could exist. To an extent, the objection is well founded ;
yet the Assembly might beisupposed to stand as the representatives of the peo-
ple, in a somewhat fuller and nearer relation than the Council, and therefore
the distinction mentioned, if not necessary, can yet hardly be considered as so
entirely groundless, as to warrant the charge of haste and confusion.
See Gordon, p. 183.
31 The direct election of the Executive by the people themselves, is the mode
of appointment which modern opinion and usage have sanctioned. But the
comparative advantages even of an indirect election by the people, over an ap-
pointment by the Crown, the mode that had so long prevailed, seemed to be
sufficient to satisfy the Congress, and perhaps to satisfy the people, at the time.
422 THE CONSTITUTION.
Vice President was to exercise the supreme executive power, to
be Commander-in-Chief of all the military forces of the province,
and also, to be Chancellor of the colony, and Ordinary or Surro-
gate General. Three or more of the Council were to be a Privy
Council to advise at all times with the Governor when he should
think proper to consult them.
The Governor and Council, seven whereof were to form a
quorum, were to be a Court of Appeals in the last resort, and to
possess the power of granting pardons to criminals after condem-
nation. Other officers of the judicial department of government
were to be appointed by the Council and Assembly, as the Judges
of the Supreme Court, Judges of the Inferior Court of Common
Pleas in the counties, Justices of the Peace, and the Clerks of the
several courts, and also the Attorney General. The term of office
of the several judicial officers was determined, but with a provision
allowing their re-appointment. They were to be commissioned
by the Governor, or the Vice President of Council.32
The Council and Assembly were likewise to appoint a Secretary
of State, and Treasurer, and the field, and general militia officers.
Sheriffs and Coroners were to be elected by the people in the
several counties, and inferior officers of the militia, by the respec-
tive companies.
The Council and Assembly were to have power to make the
Great Seal of the colony, which was to be kept by the Governor
or the Vice President of Council ; it was to be called the " Great
Seal of the Colony of New Jersey." In order to obviate delay
and confusion, it was provided, that all the laws of the province
contained in an edition of the laws that had lately been published,
should be, and remain in full force, until altered by the legislature,
such only excepted as were incompatible with the provisions of
the constitution itself; and that the common law of England, as
well as so much of the statute law as had heretofore been practised,
should remain in force until altered by act of the legislature, such
32 The comparative advantages of the different modes of appointing the offi-
cers of the judicial department are yet not determined, but common opinion
continues to sanction an appointment by some action of the other departments,
ia preference to a popular choice.
THE CONSTITUTION. 423
parts only excepted as were repugnant to rights and privileges con-
tained in the constitution.
With the many excellent provisions in this instrument of go-
vernment, there were also obvious defects. There were errors
and defects not only in the omission of needed restraints, but in
the authority that was actually conferred. The restrictive articles,
though highly important in character, were not sufficient in num-
ber or reach, to give full security to the people against the danger
of an excess of power. Authority was also given to the govern-
ment, especially to the legislative department, that might, with
greater propriety, have been left to the people themselves ; this
was especially the case in regard to the choice of the executive
officers. An immediate choice by the people would have been
more in accordance with the theory of popular government, and
would also have been attended by important practical advantages.
The legislative bodies would thus have been freed from the diffi-
culties and dangers that arise in appointing to office. An unusual
degree of integrity, firmness, and wisdom would be required, to
prevent the course of legislation from being sometimes affected, by
influences which in this manner are brought into action.
The distribution of powers in the constitution was also defec-
tive. The Governor was made at once an executive, legislative,
and judicial officer. Whilst he exercised the supreme executive
authority, he was authorized to preside in one of the legislative
houses, and to vote therein, and at the same time, as Chancellor, and
as the head of the Court of Appeals and of Pardons, he acted as
a principal judicial officer of the government.33 In the case of the
members of Council, there was also a singular commingling of
duties and of powers. They were chosen principally as legisla-
tors, and the election would frequently be made with but little
reference to their acquaintance with judicial proceedings ; and yet
as members of the Court of Appeals, a court of the last resort,
33 These objections were somewhat lessened in actual practice. The ordinary
duties of the Governor as chief executive officer, were not numerous or difficult,
and he seldom participated directly in legislative proceedings ; usually the most
important of his duties were those of a judicial character, and the choice of the
officer came to be made, in a great degree, with a view to his fitness in this
respect.
424 INDEPENDENCE DECLARED.
they were empowered and required to decide upon cases, which
the highest judicial authorities had formally adjudged. The entire
provision in relation to the judicial department, indeed, was greatly
imperfect ; excepting the mere designation of certain officers, and
the determination of the periods of office, almost the whole was
left to the will of the legislative bodies. Yet in considering the
circumstances of the formation of this instrument, it would seem
to be a matter of surprise, that the deficiencies and faults of the
plan were not greater, rather than that any should be found to
exist.
A regulation similar to that which was made for the continuance
of laws, was also adopted in relation to officers. It was resolved,
in order to prevent a failure of justice, that all Judges, Justices of
the Peace, Sheriffs, Coroners, and other inferior officers of the
late government within the colony, should proceed in the discharge
of their several offices, under the authority of the people, until the
intended legislature and the several officers of the new government
should be settled ; all officers having respect to the constitution of
New Jersey as lately ordained, and the orders of the Continental
and Provincial Congress; and that all actions, suits, and processes
should be continued, altering only the style and form thereof, ac-
cording to the terms prescribed by the said constitution, in the
further prosecution thereof.
The several measures which at this period were brought to the
notice of the American Congress, were of the highest importance
and interest. The great question of independence was brought
directly before that body by Richard Henry Lee, one of the dele-
gates from Virginia. On the 7th of June, 1776, he submitted a
resolution, declaring "that the united colonies are, and of right
ought to be free, and independent States ; that they are absolved
from all allegiance to the British Crown ; and that all political
connection between them and Great Britain is, and ought to be,
totally dissolved." This resolution was considered in committee
of the whole, and was debated with great warmth and ability, and
was finally adopted in committee on the 10th, by a bare majority
of the colonies. Its further consideration in the House was then
postponed until the 1st of July, a committee consisting of Jeffer-
son, Adams, Franklin, Sherman, and R. R. Livingston, being ap-
INDEPENDENCE DECLARED. 425
pointed to prepare, in the mean time, a declaration of independence.
General sentiment as yet was not fully matured upon the subject,
and some of the representatives in Congress were embarrassed by
the instructions that had been given them. The delay gave an
opportunity for fuller consideration among the people, and for
further instructions to their deputies.34 Within the interval, on
the 22d of June, a new appointment of deputies was made in New
Jersey, and the members, as has been seen, were now expressly
authorized to give their assent to the pending measure. They
entered upon their duties on the 28th of June.35 On the 1st of
July the resolution was again taken up in the house, and being
referred to the committee of the whole, was assented to by all of
the colonies, except Pennsylvania and Delaware, and on the day
following was finally adopted and entered upon the journals of the
house.
The committee appointed to prepare a declaration had sub-
mitted a draught on the 28th of June, and the question upon its
84 It has been seen that in February, 1776, the Provincial Congress of New
Jersey appointed William Livingston, John Dehart, Richard Smith, John Coop-
er, and Jonathan D. Sergeant, to be delegates in the General Congress, to serve
for one year, or until others should be appointed. These persons were in the
body at the time the question' of independence was brought up. They were
not expressly instructed upon the point, being only empowered to assent to
all measures which the Congress should deem necessary. Beside the indecisive
character of their instructions, these representatives, or most of them, are sup-
posed to have been willing to avoid the responsibility of a direct decision upon
this momentous subject. Smith, alleging indisposition, resigned his seat on
the 12th of June, Dehart on the 13th, and Sergeant a few days later. Cooper
took no active part in the proceedings, and Livingston was recalled to fill a
military appointment, and he too, as there is reason to believe, was doubtful as
to the expediency of the step at the time, though when taken, he most earnestly
endeavoured to sustain it Gordon, p. 201. Life of Livingston, p. 185.
31 It is not certain that they were all present at that time, but one of the num-
ber, Hopkinson, then appeared and presented their instructions. It has some-
times been stated that the delegates from New Jersey were not present at the
time the question of independence was taken, though they afterwards concurred;
but other accounts of at least equal authority, represent, that they were present,
and that one at least, Stockton, participated in the debate. Sec Biography of
Signers, Memoirs of Lee, Life of Livingston, and Gordon's New Jersey.
426 INDEPENDENCE DECLARED.
adoption was taken in the house on the 4th of July. After re-
ceiving some unimportant amendments, the declaration was as-
sented to, being sanctioned by the approbation of every one of the
colonies.
On the 17th of July, this important decision was approved and
acquiesced in by the Provincial Congress of New Jersey, in the
following manner and terms: "Whereas the Honorable Continen-
tal Congress have declared the United Colonies free and indepen-
dent States, we, the deputies of New Jersey, in Provincial Con-
gress assembled, do resolve and declare, that we will support the
freedom and independence of the said States with our lives and
fortunes, and with the whole force of New Jersey." On the fol-
lowing day it was also resolved, "that this house from henceforth,
instead of the style and title of the Provincial Congress of New
Jersey, do adopt and assume the style and title of the Convention
of the State of New Jersey.
Thus the connexion with Great Britain was fully and finally
severed.
CHAPTER XXI.
PROPOSALS FOR ACCOMMODATION BY THE ENGLISH. FIRST LEGISLA-
TURE OF THE STATE OF NEW JERSEY.
IN regard to military operations, the year 1776 was one of
gloom to the cause of America. The British had succeeded in
repelling the attempts upon Canada, and were now preparing to
establish a strong line of communication along the course of the
Hudson River, between the city of New York and the posts on
the Canadian borders. With this view, General Howe and his
army evacuated Boston, and arrived about the last of June in the
the harbor of New York, and on the second of July took' posses-
sion of Staten Island. He was joined on the 12th by his brother
Lord Howe, with a fleet and a large reinforcement of troops.
Lord Howe was the bearer to America, of what the British Minis-
try were pleased to call the "Olive Branch," as well as the sword.
On the 6th of May, he, with his brother, had been appointed
Commissioners by the King, to make an offer of pardon to all
those who, as it was said, " in the tumult and disorder of the times,
had deviated from their just allegiance, and were now willing by
a speedy return to their duty, to reap the benefits of royal favor."
Upon such conditions, the Commissioners were empowered to
declare any colony, town, port, or place, to be in the peace, and
under the protection of the Crown, and excepted from the penal
provisions of the act prohibiting trade and commerce with the
colonies. Upon the arrival of Lord Howe, the proposals he bore
were communicated in a circular letter to the Governors lately
acting under the Crown. A letter was also directed to Wash-
ington, which was rejected by him on account of its addi'ess, and
another was sent to Franklin, who had been known to Lord Howe
in England. A note dated July 80th, was written by Franklin in
428 PROPOSALS FOR ACCOMMODATION BY THE ENGLISH.
reply; in this he spoke of the object of Lord Howe as seeming
no more than to extend an offer of pardon, and lamented that his
lordship had been sent so far, on so hopeless a visit. "It is im-
possible," he said, "to think of submission to a government that
has with the most wanton barbarity and cruelty, burnt our defence-
less towns in the midst of winter, excited the savages to massacre
our peaceful farmers, our slaves to murder their masters, and is
now bringing foreign mercenaries to deluge our settlements with
blood." No other immediate effect was produced by the offers
of the Commissioners than to influence some of the disaffected
and doubtful, and to dispose them upon the earliest turn of affairs,
to make their peace with their country's foes.
The attempt of the British to possess themselves of New York,
had been foreseen by the American Commander, and preparations
had be"en made for defending it. But the force that could be col-
lected for the purpose, was greatly inferior to that of the enemy,
and after the disastrous battle of Long Island, (on the 27th of
August,) Washington was forced to retire from New York, which
was directly entered and occupied by the English, who also, soon
afterwards, obtained possession of most of the places of strength
in the neighboring country. It was supposed by his Majesty's
Commissioners, that the misfortunes that were then experienced
might dispose the American people to listen more favorably to the
overtures that had formerly been made. General Sullivan, who
had commanded at Long Island, and had fallen into the hands of
the enemy, was therefore sent on his parole, to Congress, with a
message from Lord Howe. His lordship informed the body, that
he was unable to treat with Congress as such, but that he was
desirous to confer with the members ; and that he, in conjunction
with General Howe, had full power to consider and adjust exist-
ing disputes, and that he was desirous an agreement might then
be made, before any decisive blow had been struck. Franklin,
Adams, and Rutledge were appointed a committee on the part of
Congress to receive the proposals of the Commissioners, and for
this purpose they met Lord Howe at Staten Island. His lordship
declined receiving them as a committee of Congress, but was will-
ing to confer with them as private individuals. But the modera-
tion and good sense of the committee enabled them to secure a
PROPOSALS FOR ACCOMMODATION BY THE ENGLISH. 429
position in which the object of their mission might be gained,1 and
they succeeded in drawing from the Commissioner, that his only
proposition was, that if the colonies would return to their allegiance
and obedience, the King and his Ministers were disposed to make
their government easy, and to redress their grievances. The
committee expressed their opinion to his lordship, that "a return
to the domination of Great Britain was not to be expected." That
the injuries the colonies had received had forced them to a decla-
ration of independence, that all the colonies had joined in the
measure, and had settled, or were settling their own governments,
' and that Congress had no power to agree for them that they should
return to a dependent condition ; but that the colonies were no
doubt inclined to peace, and would readily treat with Great Britain
on reasonable terms, if properly approached. These proceedings
were published in full, for the information of the American people.
A proclamation was afterwards put forth by the Commissioners to
the people at large, in which they stated, that they were desirous
to confer with his Majesty's well affected subjects upon the means
of restoring tranquility, and establishing a permanent union. They
informed the people that the King had directed a revision of such
of his royal instructions, as might be construed to lay an undue
restraint upon the freedom of legislation in any of the colonies,
and would also concur in the revisal of all acts by which his sub-
jects might think themselves aggrieved; and they exhorted the
inhabitants "to reflect seriously on their condition, and judge
whether they should offer their lives a sacrifice to the unjust and
precarious cause in which they were engaged, or return to their
allegiance." This proclamation, with the unfavorable events and
prospects of the time, induced a number of persons to desert the
American cause, and to accept of the offered terms. Nine hun-
dred and fifty persons in New York, and the vicinity, presented
a petition to the Commissioners declaring their allegiance to Great
Britain, conceding the constitutional authority of Parliament in
America, and praying that the city and county of New York might
1 They informed Lord Howe that as their business was to hear, he might
consider them in what light he pleased, but that they should consider themselves
in no other light than that in which Congress had placed them.
430 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
be restored to his Majesty's peace and protection. By many
others in different places, a similar course was afterwards pursued,
and among these persons were some individuals of distinction and
influence.
It was during the period of darkness just noticed, that the go-
vernment of the State of New Jersey was brought into operation.
By a provision of the constitution, the Legislative Council and
Assembly were to be chosen for the first time, on the 2d Tuesday
of August, 1776, and the members then chosen were to continue
in place until the 2d Tuesday in October, 1777, and on the 2d
Tuesday in October in each and every year, a new election was
to be made, and the delegates elected were always to meet on the
2d Tuesday next after the day of election. The constitution re-
ceived the assent and sanction of the people at large, both by
general acquiescence, and by a full observance and pursuance of
its several provisions. AIL, election for representatives in the
Legislative Council and Assembly, was held in the several coun-
ties on the day prescribed, and the members chosen convened,
according to appointment, at Princeton, on Tuesday, the 27th of
August, 1776. On the 29th the houses were organized. John
Stevens was chosen Vice President of Council, and John Hart
was elected Speaker of the House of Assembly.
An important part of the duty devolving on the legislative bodies,
was the further establishment of the government by filling the
offices in the other departments. On the 31st, in joint ballot of
the two houses, William Livingston was chosen Governor of the
State.2 He was then engaged in the discharge of military duties,
and therefore did not enter upon office for some days after his
appointment. As a preliminary to the issue of commissions to the
several officers, the preparation of a great seal was considered by
the legislative bodies, and a resolution was agreed to, that as
sundry commissions should be given before a proper seal could
a Livingston had been one of the delegates in the Continental Congress, and
at the present time, was Commander-in-Chief of the militia of New Jersey.
The other candidate for the office of Governor, was Richard Stockton ; on the
first balloting, the votes were equally divided ; and it was not until the next
day that an union of parties took place, and Livingston was elected.
Sedgwick's Livingston, Gordon's New Jersey, Minutes of Joint Metting.
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 431
be made, the seal at arms of his Excellency William Livingston
should be deemed, taken and' used, as the great seal of the State,
until another could be procured.3
' On the 13th of September, an address was made to the two
houses by the Governor. His Excellency remarked, that "con-
sidering how long the hand of oppression had been stretched out
against us ; how long the system of despotism concerted for our
ruin, had been insidiously pursued, and was at length attempted
to be enforced by the violence of war ; reason and conscience must
have approved the measure had we sooner abjured that allegiance
from which not only by a denial of protection, but the hostile as-
saults on our persons and properties, we were clearly absolved.
That being thus constrained to assert our own independence, the
late representatives of the colony of New Jersey in Congress as-
sembled, did, in pursuance of the advice of the Continental Con-
gress, the supreme council of the American colonies, agree upon
the form of a constitution which by tacit consent, and open appro-
bation, hath since received the assent and concurrence of the good
people of the State; and agreeably to this constitution, a Legisla-
tive Council and Assembly have been chosen, and also a Gover-
nor. Let us then, as it is our indispensable duty, make it our
invariable aim, to exhibit to our constituents the brightest examples
of a disinterested love for the common weal ; let us, both by pre-
3 A joint committee of the houses was afterwards appointed to prepare a great
seal, and they reported that " they had considered the subject and taken the sen-
timents of several persons thereon, and were of opinion that Francis Hopkinson,
Esq., should be immediately engaged to employ proper persons at Philadelphia
to prepare a silver seal, which should be round, of two and a half inches diameter,
and three-eights of an inch thick; and that the arms shall be, three ploughs in
an escutcheon, the supporters, Liberty and Ceres, and the crest a horse's head ;
these words to be engraved in large letters round the arms, viz: The Great
Seal of the State of New Jersey." This report was agreed to. At a subsequent
date, Francis Hopkinson furnished his account in detail, for the expenses in-
curred in procuring the seal, amounting to £35 2s &d. (Votes and Proceedings,
p. 33.) In regard to the name of the seal, as well as in other particulars that
will come into notice, the legislature were obliged to depart from the provisions
of the constitution. It was there directed that it should be called " The Great
Seal of the Colony of New Jersey," but as the colony had become a State, a
change was unavoidable.
432 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
cept and example, encourage a spirit of economy, industry., and
patriotism, and that public integrity and righteousness that cannot
fail to exalt a nation ; setting our faces at the same time like a flint
against that dissoluteness of manners and political corruption that
will ever be the reproach of any people. May the foundation of
our infant State be laid in virtue and the fear of God ; and the
superstructure will rise glorious, and endure for ages. Then may
we humbly expect the blessings of the Most High, who divides to
the nations their inheritance, and separates the sons of Adam."
The principal matters recommended by the Governor to the
notice and care of the legislative bodies, were the ordering of
measures relating to the war, especially the proper regulation of
the militia ; and the permanent establishment of the seat of govern-
ment at some convenient and suitable place. An address was
afterwards made by the Assembly agreeing in sentiment and tone
with that of the Governor; resolutions in relation to the particulars
recommended to notice by his Excellency were adopted, and the
necessary bills were prepared.
The legislative bodies also proceeded to the appointment of
other officers, in order to perfect the organization of government.
John Dehart was chosen Chief Justice of the State, Samuel Tuck-
er, Second Justice, and Francis Hopkinson, Third Justice; William
Patterson was appointed Attorney General; Jonathan D. Sergeant,
Clerk of the Supreme Court; Charles Petit, Secretary of State,
and Richard Smith, Treasurer.4 Provision was made for renew-
ing and continuing the action of the judicial department, by pass-
ing an act to confirm and establish the several courts of justice
within the State. This act prescribed, that the several courts of
law and justice should be confirmed and established and continue
to be held, with like powers under the new government, as before
the declaration of independence.5 Several bills of importance
which had been introduced, were pending at the time of adjourn-
ment, which took place on the 8th of October, the houses adjourn-
ing to meet at Burlington on the 1 3th of the following month.
4 Richard Stockton at first received the appointment of Chief Justice, but de-
clined serving. Sergeant also declined office, and the place was assigned to
Bowes Reed.
• Patterson's Laws of New Jersey, p. 38.
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 438
During the whole of this time, the gloom that enshrouded the
fortunes of America, seemed constantly deepening. Other disasters
followed upon the surrender of New York, and the American
forces, unable to retain the posts on the Hudson, withdrew from
that river into the heart of New Jersey, whither they were fol-
lowed by the enemy. In consequence, New Jersey immediately
became a principal sharer in the dangers and sufferings of the
country, as well as in the efforts that were required, and were
made, in resistance.
The legislative bodies convened according to adjournment, on
the 13ih of October, and proceeded to the transaction of business.
Attention was directed toward a further organization of the militia
of the State, and furnishing the quota of troops required for the
continental army. A bill for raising four battalions was passed,
and the several officers were at once appointed. The houses also
proceeded in joint meeting, to the appointment of delegates to
the General Congress. The regulations formerly adopted by the
Provincial Congress in regard to the number of representatives,
were continued by the legislature, and it was resolved, that one
or more of the delegates should he empowered to represent and
vote in behalf of the State.6
But at an early period the action of the legislature was arrested.
From the continued retreat of the American army through the
State, and the rapid advance of the British, there was but little
opportunity to prepare for action, or indeed to provide for safety,
and the Assembly resolved, that it would " be necessary soon to
rise and retire into their several counties to provide for the secu-
rity thereof." Such provisional arrangements were therefore made
for the support of the government as the circumstances of the time
would allow, and on the 2d of December, the houses adjourned
to the 18th of February next ensuing. The general situation of
affairs throughout the State, had become in the mean time ex-
6 The joint meeting took into consideration the necessity of choosing delegates
to the Continental Congress, and upon the question as to the number, decided
that five should be chosen. Richard Stockton, Jonathan D. Sergeant, Dr. John
Witherspoon, Abraham Clark, and Jonathan Elmer, were appointed.
Minutes of Joint Meeting of November 30th, 1776.
55
434 FIRST LEGISLATIVE OF THE STATE OF NEW JERSEY.
tremely critical ; the number and force of the enemy were such,
that those of the people who remained steadfast in their opinions
and views, were almost overawed, and the disaffected and indif-
ferent found the opportunity they had sought or awaited, for join-
ing with the invaders. The British Commissioners too, to strength-
en the advantages they had gained, put fortli a new proclamation,
in which all persons assembled in arms against his Majesty's go-
vernment, were commanded to disperse and return to their houses,
and all civil officers to cease from their practices ; and a full par-
don was offered to those who should appear within a specified
time before an officer of the Crown, claim the benefit of the offer,
and subscribe a declaration acknowledging the royal authority.
A number of the people of New Jersey, and among them, some
of the principal men of the State, gave way to the temptation, and
sacrificed patriotism to personal safety. But this was far from
being the disposition of the mass of the people. Th^re were
timorous, and there were base and treacherous men, and these
persons formed a class not inconsiderable in point of number.
Yet a large majority of inhabitants held fast to the cause they
had espoused, and most of the public officers continued in the
discharge of their duties, so far as the circumstances of the time
would permit.7 At length, and fortunately, at no late period, a
favorable crisis took place in the affairs of the country. The
victories gained by Washington, at Trenton and Princeton, near
the close of the year, aroused the hopes of the Americans as much
as they surprised and disappointed the British. By these critical
enterprises, the spirit of the country at large was restored, and
the greatest relief was given to New Jersey, the possession of the
State by the enemy being completely broken for the time. The
action of the State authorities was immediately resumed. The
legislative bodies were convened by a notification from the Speak-
er, on the 22d of January, 1777. Trenton, the place to which
the houses had adjourned, was yet scarcely sufficiently freed from
the presence of the military, or the effects of military occupation,
to render it a suitable situation for the meeting and action of the
7 In the immediate course and vicinity of the victorious army, a' 1 civil govern-
ment was unavoidably suspended for the time.
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 435
houses, and they were therefore directed to convene at Pitts-
town.
The Governor opened the meeting by a message, in which he
expressed his feeling on account of the depredations and cruelties
that had been perpetrated in the incursions of the enemy, but con-
gratulated the houses on the important successes of the American
arms at Trenton and Princeton. He declared that there was no
reason to be disjointed in the contest, unless the people and govern-
ment were wanting to themselves ; but he yet insisted that the utmost
efforts would be required, and that as the legislature must be sensi-
ble of the entire inadequacy of the existing militia laws, he recom-
mended that no business of inferior moment should be allowed to
postpone the action of the houses on that important subject.
Before the business of the sitting was fairly entered upon, a
rumor or an apprehension of new disturbances led to the adjourn-
ment of the houses to a more remote situation, and accordingly
they removed on the 29th, to Haddonfield, in the county of Glou-
cester, where the session was continued. At an early period at-
tention was directed to filling the places which had become vacant
in the government. The Governor informed the houses that the
Chief Justice of the State, Dehart, had refused to qualify in office,
that another Justice, Tucker, in the recent period of danger, had
taken a protection from the British, and that a third, Hopkinson,
had declined to enter upon duty on account of his appointment to
an office by the Continental Congress.8 Robert Morris was ap-
pointed Chief Justice ; Isaac Smith, Second Justice, and John
Cleves Symmes succeeded to the place of Hopkinson.
Much difficulty was experienced in framing the law in relation
8 Dehart had retired from the Continental Congress, of which he was a mem-
ber, before the declaration of independence, and that circumstance, with his
present refusal to enter upon office, caused him to be suspected of coldness to
the American cause. Tucker was plainly deficient either in fidelity or firmness.
He appeared in person before the joint meeting and offered his resignation,
which was at once accepted. A few other public functionaries pursued a simi-
lar course, and among them some of the members of the legislative bodies. One
of the representatives from Essex, appeared in the Assembly, and informed the
House that he had taken a protection, and desired leave to resign his seat. The
Assembly resolved, that " no member having taken such protection is entitled to
a seat in this House, and that the place of the member is vacated."
436 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
to the militia. This subject had been for some time before the
houses, and was now again pressed upon their notice by a mes-
sage from the Governor, including a communication from the
Commander-in-Chief. The latter earnestly recommended that
every man capable of bearing arms should be compelled to turn
out, and not buy off his service for a trifling sum. " We want
men," he said, " and not money." -The Governor fully concurred
in these views. But so rigid a course, if proper in point of policy,
at a time when a new government had but just been established,
could not have been carried out into actual practice. Beside the
difficulty of bringing the entire active population into military
service, there were many persons in the State, who believed
themselves to be forbidden to engage in war, or warlike measures,
and whom no earthly consideration could have induced to violate
their principles. The attempt to force these persons to a direct
participation, would have been oppressive and unwise, and would
also have been in vain. In the bill that was passed by the Assem-
bly, the principle of composition was retained, the House not
being disposed to proceed to the extent advised by the Com-
mander-in-Chief, and by the Governor. Whilst the bill was still
pending, strenuous exertions were made to effect an alteration.
The Governor declared that it gave him " inexpressible anxiety
that the bill provided for the commutation of personal service by
pecuniary fines. Such a regulation," he said, " in times of actual
invasion, would prove utterly incompetent and nugatory, and he
recommended in the most importunate manner, that a law should
be passed, exacting personal service, or that the delinquent should
find another in his room." In a communication to the Governor,
Washington also expressed his surprise, that an Assembly, " who
were eye-witnesses to the distresses and inconveniences that have
their principal source in the want of a well regulated militia, can
hesitate to adopt the only remedy that can remove them, and
stranger still, think of a law that must necessarily add to the load
of confusion." But the bill was passed in its original form, only
with an increase in the amount, and an extension of the application
of the demand for pecuniary composition. The Governor expressed
his great regret at the result.s
9 General Putnam, who was then in command in New Jersey, inveighed
FIR8T LEGISLATURE OF THE STATE OF NEW JERSEY. 437
The disappointment of the Governor in relation to the militia
law, may have been somewhat relieved by the ready concurrence
of the legislature in another measure proposed by his Excellency.
In a message to the houses, he represented, that during the inva-
sion of the State by an enemy, it was necessary, in order to a
prompt and faithful execution of the laws, that a degree of au-
thority should be exercised greater than was then committed to
any persons or bodies in the State. He therefore recommended,
that a body should be constituted, to consist of a President, Vice
President, and a Council of twelve, (five of whom should consti-
tute a quorum,) that they should be empowered to supply every
vacancy in office occasioned by death, resignation, removal, or
otherwise; officers so appointed to be removable by the legislature
at their next meeting, without impeachment, but if not then re-
moved, to be afterwards removable in the same manner as officers
regularly appointed. That the body should also be authorized to
correspond with the Congress, and with other States, and to trans-
act business with all the officers of government, and to prepare
business to lay before the Assembly ; to apprehend all persons
suspected of dangerous designs against the State, and to commit
them to any prison, taking an account of the charges against them ;
to cause the laws to be faithfully executed ; to recommend the
Speaker to call together the General Assembly when necessary ;
and to call out so many of the militia of the State as should be
required to aid in carrying their orders into execution, according
as the exigency of affairs might demand. These powers were to
be exercised for the period of six months, unless sooner withdrawn
by the legislature. The recommendation of his Excellency was
considered by the houses, and was substantially adopted. A law
was passed for investing the Governor and a Council of twelve
strongly against pecuniary compositions. He declared that he detested the
practice of admitting it, and also, (as members of society,) the sect for whom it
was introduced. He also gave orders which infringed upon the laws in this
respect. But Governor Livingston, though he disapproved the laws, was op-
posed to their violation, and represented the ease to the Commander-in-Chief,
who interposed his authority ; and Putnam also said, that he was far from wish-
ing to counteract any decree of the State, " however absurd."
438 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
(the Council to be selected out of the legislative bodies,) with the
authorities and powers expressed in his Excellency's message, to
be exercised for the space of six months, unless sooner revoked.10
The bill for the support of the government, which had long been
pending, was passed at this sitting, and became a law. It gave to
his Excellency the Governor, six hundred pounds per annum, to
the Chief Justice, three hundred, the third Justice, two hundred,
and the Attorney General, forty pounds. Each delegate in Con-
gress was to receive twenty shillings a day, each member of
Council, ten shillings, and each member of the Assembly eight
shillings.
To devise means to meet the necessary expenses that were in-
curred in the maintenance of the civil and military establishments,
became a subject of early and earnest attention. The State au-
thorities were not disposed to a further resort to the expedient of
issuing bills,11 and the period was not thought favorable for in-
creased taxation. Yet the demands upon the treasury were con-
stantly increasing. The difficulty was also augmented in con-
sequence of the imperfection in the relations or arrangements
between the Continental and State authorities, in reference to finan-
cial concerns. The Continental Congress, as has been seen, had
issued bills, pledging the faith of the United States for their re-
demption, though relying upo« the several States for the means
of fulfilling the engagement. The amount thus issued, constituted
a fund for carrying on the war, and was held and controlled for
this purpose by the Congress ; and that body having the control
of the general operations of the war, as well as of the funds, would
seem to have been the most proper authority for making disburse-
ments. Yet the military raised in the several States, and engaged
in the Continental service, returned to the governments of the
States for the payment of their dues. Such at least was the case
10 The powers committed to this body were great, and nothing but the " exi-
gency of affairs," and the limited period of its duration, could have justified the
grant.
11 There were bills not yet redeemed, that had been issued by the Legislature
of the colony, and also by the Provincial Congress. These were recognized as
State currency; were commonly termed "Old Money."
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 439
in New Jersey. This subject received the attention of the legis-
lative bodies at the present sitting, and they resolved, " that for
want of a proper mode of paying the militia that have been called
out in the Continental service, many inconveniences have arisen,
and are daily increasing, and that the Governor be directed to
apply to the Honorable the Continental Congress and desire that
they will be pleased to give directions for payment, and to establish
some mode for regular payment in future." But the difficulty was
not removed, and clamorous demands were afterwards made upon
the State 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.12 The increased demands upon the treasury were also met
in part by a different expedient. A bill was passed for delaying
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 Had-
donfield,) began after a short recess, on the 7th of May, 1777.
Measures were then adopted for the better protection of the well
affected citizens of the State, 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
12 At a subsequent period, 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 New Jersey passed an act " for
preventing disaffected 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 in New York, and they pursued a course of irritating hostility,
suited rather to the arts of banditti, than to the movements of regu-
larly appointed military forces. Their adherents in the Slate were
incited to watch for individuals, and several persons of distinction
were kidnapped and carried off, and rewards were set upon the
heads of particular officers. Governor Livingston remarked, that
" 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 safety to apprehend and imprison such and so many persons
known to be disaffected to the 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
the 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 the forces of Washington.13 But a movement from which
13 The conduct of the British in New Jersey tended, in a great 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 faith, no favor was shown even
to those who had received written protection from the British. " The Hessians,"
says Gordon, " would not understand, and the British soldiers deemed it a foul
disgrace that the Hessians should be the only plunderers." Universal indigna-
tion was thus aroused.
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 441
much was expected by the British, was in progress ; the plan
already noticed for dividing1 the States by establishing a line from
Canada to New York, had partially succeeded, and its final comple-
tion was earnestly sought. The principal direction of this scheme
was committed to General Burgoyne; 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 difficult to retreat or to advance,- and
where supplies could only be obtained by difficult and hazardous
operations, and a detachment of his army 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.1? 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 efforts. Several matters of pressing im-
portance were recommended to the notice of the. houses; his
Excellency advised that measures should be taken to meet the
debts of the State, which he said would 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.13
" They again convened at Haddonfield, but on the 24th adjourned to meet
on the 29th at Princeton.
15 Under .the constitution, the crime in question could, only be committed
against the colony, and not against the State, and hence the State courts could
not consistently pronounce a judgment in proper form. Beside this, the exist-
ing law allowed, or required the dismemberment of the criminal, which was
56
442 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
A renewal of the acts constituting 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 for 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.16 An act was passed explaining and amending the militia
law,17 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 time the State was overrun by a hostile
represented by the Governor as "so shocking and sanguinary, as the humanity
of an American legislature cannot be presumed to have intended."
'• Paterson's Laws, p. 38. By this act the provisions of the constitution were
again unavoidably contravened.
"The general features of th« law do not appear to have be«n changed.
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 443
force ; the government 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 enerny. 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 the country.
CHAPTER XXII.
SECOND LEGISLATURE. ARTICLES OF CONFEDERATION. FINANCIAL
MEASURES.
.- THE new Legislature which was chosen tm the 14th of October, .
met according to la.w, on the 28th of the same month, -1777. The
houses were organized by the appointment of the former officers,
John Ste_yens being'chpsen Vice President of Council, and John
Hart, Speaker of the' Assembly. .On tlielst of -November, William
Livingston was unanimously re-elected, in joint meeting, to the.
office of Governor.1 Events of an important but varied character
were now taking place. The critical situation of Gen. Burgoyne,
. has already beerPnoticed. 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 Ticonderoga 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. u'p: the Chesapeake and landing at the head of the
"^ »
'On the 20th, the joint meeting elected five delegates to the Continental
Congress, viz : John Witherspoon, Abraham Clark, Jonathan Elmer, Nathaniel'
Scudder, and EliaS Boudiriot. It was said that the representation w&s made to
consist of five, in order to give some relief to the members in their attendance^
and that the State might not be put to unnecessary expense but three were to
attend at the same time.
SECOND LEGISLATURE.
445
River Elk.2 Their progress was resisted by Washington, at Bran-
dy wine, bat without effect, and on the '26th of September, a detach-
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 their
enmities, led 'them to frequent fhcursions into the neighboring
country, and New Jersey being most exposed, was thus rendered,
Once more, the theatre of hostile movements.3 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
difficulty. The bills had already declined in value nearly one-
aThe 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.
3 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 enemy. They were
thus obliged to depend upon a communication witrrtheir fleet tiy the Delaware,
and the efforts of strong detachments in directions that were least protected.
New Jersey, praticularly its lower portion, as being in the vicinity of Philadel-
phia, 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 dowri the Jersey shore and advanced against 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 offei^ of pardon and protection, as well as by proposals of full '
payment for cattle and forage, and by_ threats of vengeance against those who
should resist, or incite to resistance. The temptations, however, except in a few
instances, were offered in vain, and the attempts at punishment were met by
vigorous opposition.
• .
446 SECOND LEGISLATURE.
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 States, 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 " infamous
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;
they 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 were 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.4
4 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-
durance 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 unfitted for active service. The Legislature of New Je/sey 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 furnishing them to the regiments.
Such supplies were afterwards continued according to the urgent recommenda-
tions of Congress, and a special arrangement was made for the purpose.
SECOND LEGISLATURE. 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 different 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 made for persons so unfortunately circumstanced.
A special commissioner was therefore appointed5 to furnish flour
and fuel for their use, to be appropriated to the objects 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 enactment, 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 State, was again taken
up, and after some delay, was finally passed. For the purpose
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 pursued a
more lenient course; the law now passed made provision for taking
* Abraham Van Neste, Esq.
448 SECON'D LEGISLATURE.
possession of, and leasing the real estate, and that the personal
property only should be forfeited.6
• Whatever difficulty might be experienced by the States, or by
any State, in. their struggle,- no change was made in .the temper
of the people ; they were' still resolved to persist in their course.
For the better prosecution of their purposes, a more perfect union
among the States was considered. desirable, and with this view a
plan was .devised and adopted by Congress ; it was agreed to on
.the 15th of November; 1777. By this system, the thirteen States
were to form a confederacy under the style and name of the
" United States of America ;" all the States to assent thereto by
their legislatures, with instructions to their delegates in Congress
to ratify the same.
The 'tenacity, of purpose which' was thus exhibited by the'
Americans, together with the actual success they had gained, were
productive of results beyond those' that were exhibited in their
domestic affairs ; it won -them a character abroad. The capture
of Burgoyn'e, the determined opposition to Howe, and the earnest
pursuit of their aims, -demonstrated the energy and ability of the
people of the States, and their firm determination to maintain in-
dependence. In consequence, those nations whose assistance and
favor had been hitherto withheld, or but cautiously and covertly
given, were stimulated to t>pen engagements. France especially,
the ancient enemy of England, had been earnestly watching the
contest, and only awaited the moment when prudence would war-
rant her in joining therein. The occurrences just noticed decided
the course of the court. On the 16th of December, the American
Commissioners already at Paris, were informed, by order of the
King, that his Majesty had determined to recognize the indepen-
dence-of the United States of America, and to conclude a treaty'
• At the next session of the Assembly a still more rigid enactment was made;
an act- was passed for forfeiting and vesting in the State the real estates of certain
fiigatives and offenders, satisfying the lawful debts and demands against them.
All persons who had aided and assisted the enemies of the State or of the
United States, by joining their armies within the State or elsewhere, or who
had voluntarily 'gone to, or taken refuge, or continued with, or endeavoured .to
continue with the enemy, and aid them by council, or otherwise, were included.
Paterson's Laws, p. 40.
SECOND LEGISLATURE. 449
ul alliance and commerce with them, and that he would not only
acknowledge their independence, but would actually support it by
every means in his power.7
These important matters were brought before the present legis-
lature of New Jersey. The "articles of confederation and per-
petual union between the States," were submitted to the Assembly
' According to the principles of the family compact between France and Spain,
the latter was to be consulted before the agreement made by France could be
fully concluded, and the concurrence of the Spanish court was accordingly so-
licited. But Spain refused her assent at the time. Notwithstanding this, the
French King persisted, and on the 6th of February, 1778, a treaty of commerce
was signed by Franklin, Deane, and Lee, on the part of the United States, and
by M. Gerard on the part of France, together with a treaty of defensive alliance
in case war should be the consequence. The conclusion of the treaty with
France, with the events that had led to that measure, produced a powerful im-
pression in England. " When the account of the treaties of the 6th of February
had reached Whitehall," says Laurens, "administration were perplexed, they
were stunned ; Lord Mansfield, in tears, applied to Lord Camden, as a. good
man, to interpose for the salvation of the country." An attempt soon followed
to effect a reconciliation with America. Even before the conclusion of the
French treaty was known, conciliatory bills had been introduced into Parlia-
ment, and whilst pending there, were sent to the United States ; soon afterwards
these bills were passed, and three Commissioners, the Earl of Carlisle, Governor
Johnston, and Mr. Eden, were appointed to visit America. They were to en-
deavour to procure the acceptance of the proposals made by the Ministry, and
to counteract what was called the "insidious interposition" of France. The*
Commissioners resorted to every means, and some not of the most honorable
character,- to effect their purpose. But though the offers that were made were
such as might once have been accepted, they came too late. The Ministry
were willing to allow the demands of th$ Americans, providefl they would re-
turn to tfieir former state^and acknowledge allegiance to England. But since
the recent events, especially the alliance with France, Congress and the people
considered themselves secure of independence, and the Commissioners were in-
formed, that any acts or proposals founded on the idea of dependence were
wholly inadmissible, and that the only solid proof of a desire for reconciliation
and peace, would be an acknowledgement of the independence of the States,
and the speedy withdrawal of all hostile forces. To this decisive declaration,
the Commissioners made but an evasjve reply, and their exertions terminated
with an offer of pardon to all persons who should, within foUy days, withdraw
from the civil or military Service of the States, and continue good and peaceable
subjects of the British King, an oflei which none were now disposed to accept,
57
450 SECOND LEGISLATURE.
on the 4th of December, 1777, with an address from Congress
recommending immediate attention thereto. The adjournment of
the bodies soon afterward, prevented direct compliance, but on
the meeting of the houses, early in February, their attention
was again directed to the subject, and on the 26th the articles
were read and entered on the journals. On the 29th of May, in-
formation of the treaty with France was communicated to the
houses by the Governor. "I heartily congratulate you," he said,
"on the agreeable news from France. As we were at first com-
pelled into a declaration of independence, it was the highest wis-
dom to solicit a suitable alliance for its security and support ; to
both these measures we may appeal to the whole world, that we
were driven by a tyrannical King, a venal Parliament, and a
flagitious Ministry. We want now," he said, "but one spirited
and general effort to expel the remnant of banditti from the Conti-
nent, and forever emancipate ourselves into complete and uninter-
rupted liberty." The "spirited and general effort" was not
delayed. Earnest exertions were made by Congress and the
States, and the new allies were not lacking in giving their sup-
port. The treaty with the French did not prove a mere empty
agreement; not long after its completion, a Minister (M. Gerard,)
was sent to America, accompanied with a powerful fleet. The
immediate object of the naval force was to shut up the Delaware,
and thus not only to intercept the British fleet, but to cut off sup-
plies from the army at Philadelphia. But the armament did not
arrive until some days after the departure of the English army
and fleet. Secret orders had been given for the evacuation of
Philadelphia, and on the 18th of June, Clinton (who had suc-
ceeded Howe in command,) departed for New York, proceeding
across New Jersey. Washington immediately follSwed, and com-
ing up with the enemy at Monmouth, a severe engagement en-
sued. The result was not decisive, but it was followed by a more
rapid movement of the English, who soon afterwards passed into
New York, and Washington took post on the Hudson.
The consideration of the articles of union between the States,
was yet pending ; as already noticed, the plan had been submitted
to the legislature of New Jersey, and on the 25th of March, com-
mittees of the two houses were appointed to consider and make
ARTICLES OF CONFEDERATION. 451
report thereon. A report which was characterized by much ability
was made by the joint committee on the 15th of Jun£. Several
objections to the. plan were stated and presented at length. The
committee said:
"1. That in the fifth article, where, among other things, the
qualifications of the delegates from the several States are described,
there is no mention of any oath, test, or declaration, to be taken
or made by them previous to their admission to seats in Congress.
It is indeed to be presumed that the respective States will be care-
ful that the delegates they send to assist in managing the general
interests of the Union, take the oaths to the government from which
they derive their authority; but as the United States, collectively
considered, have interests as well as each particular State, we are
of opinion that some test or obligation binding each delegate, while
he continues in the trust, to consult and pursue the former as well
as the latter, and particularly to assent to no vote or proceeding
which may violate the general confederation, is necessary. The
laws and usages of all civilized nations evince the propriety of an
oath on such occasions, and the more solemn and important the
deposite, the more strong and explicit ought the obligation to be.
"2. By the sixth and ninth articles, the regulation of trade
seems to be committed to the several States, within their separate
jurisdictions, in such >a degree as may involve many difficulties
and embarrassments, and be attended with injustice to some States
of the Union. The committee are of opinion that the sole and
exclusive power of regulating the trade of the United States with
foreign nations, ought to be clearly vested in the Congress, and
that the revenue arising from all duties and customs imposed
thereon, ought to be appropriated to the building, equiping, and
manning of a navy for the protection and defence of the eoasts,
and to such other public and general purposes as to the Congress
shall seem proper, and for the common benefit of the States.
This principle appears to us to be just, and it may be added, that
a great security will by this means be derived to the Union from
the establishment of a common and mutual interest.
"3. It is wisely provided in the sixth article, that no body of
forces shall be kept up in any State, in time of peace, except such
number only as, in the judgment of the United States in Congress
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 are 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.
" 6. The ninth article provides, that no State shall be deprived
of territory for the benefit of the United States. Whether we are
to understand that by territory is intended any lands, the property
ARTICLES OF CONFEDERATION. 453
of which was heretofore vested in the Crown of Great Britain, or
that no mention of such lands'is made in the confederation, we
are constrained 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 predilectionally 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 are 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. They ought therefore to be brought into the
account on this occasion. But admitting necessity or expediency
to justify the refusal of liberty in certain circumstances, 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 whole 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 ought to be kept up should the States increase in
number, and a declaration thereof made for the satisfaction of the
Union."8
8 This report was signed by order of the joint committee, by Stephen Crane,
of the Council, and Peter Tallman, of the House of Assembly.
Votes, vol. 5, p. 146.
ARTICLES OF CONFEDERATION. 455
After the reading of the report, new committees were appointed
to draw up a representation to Congress on the subject, and on
the 16th of June a draught of such representation was presented;
embracing with 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 soma of its articles, of which fhat against the
unequal appropriation of the" lands lately called Crown lands, ap-
pears of too great moment to the interest of the people of the State,
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.
456 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 concern 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 this
committee that the delegates representing this State in Congress
be immediately instructed to subscribe 4he «said articles, that the
same may become conclusive on the |>art of this State, and pbli-
gatory thereon." This report was agreed to by the houses on the
14th of November, and instructions were given to the delegates in
Congress in accordance therewith.9
In the midst of the various circumstances that had occurred of
' Beside furnishing instructions to the delegates, a special act on the subject
was passed, entitled " an act to authorize and empower the delegates of the
State of New Jersey in Congress, to subscribe and ratify the articles of confed-
eration and perpetual union between the several States."
FINANCIAL MEASURES. 457
an encouraging character, much and increasing difficulty 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 thousand pounds, by taxation, for dis-
charging the debts and defraying the expenses of the State. But
during the next sitting, in April, 1779, it was perceived that far
more ample provision was required to meet the demands of the
time. The troops of the State continued to be in a most destitute
condition ; a representation and remonstrance from the officers was
presented, setting forth their grievances with respect to their pay,
subsistence, and clothing, and asking redress.10 In the case of
one individual (Gen. Maxwell,) who presented a separate appeal,
a tone of complaint almost reaching to reproof and reproach was
assumed." As already noticed, the legislature had been anxious
that some general provision for the payment of the troops in the
Continental service, should be made by Congress, under the belief
that this was the most proper and advantageous mode.. To the
applications just noticed, it was therefore replied, that provision
had been made as far as was "consistent previous to an applica-
tion to Congress, but that if no provision should be made by that
body after a proper representation to them, it would then be the
duty of the State to provide for their quota of the troops, in the
10 During the recess of the Legislature, 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, Robert Morris,
Peter Tallman, Abraham Van Neste, Silas Condict, and William C. Houston,
requested the Treasurer of the State 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 offered in the Assembly, that the letter of Gen. Maxwell
contained indecent and undeserved reflections upon the House, and that the
same be transmitted to Congress with a proper expression of the disapprobation
and displeasure of the Legislature. But the resolution was not carried.
58
458 FINANCIAL MEASURES.
best manner they were able to devise. A full representation to
Congress was accordingly made upon the subject.12
« " 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 arrrry of the United States indispensably
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 forming 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 proportion
of the sum which would procure the whole purchased and issued to the army
at large, if provision were made by Congress; we would also suggest the ex-
ceeding .difficulty under which this State must labor in carrying their part of
this divided mode of supply into execution. The means of importation are not
it) our power, and purchases on the Continent must be made at a distance, 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 which may be necessary for the comfort and
supply ofjhose 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. These, to say nothing more, were no part of the original con-
tract, and cannot be demanded on any equitable principles. By a resolution of
Congress of the 15th of March last, a certain description of officers and bodies
mentioned, are to be reckoned as parts of the quotas of the States to which they
belonged, and to be credited accordingly. Within this description are troops
who were commissioned or enlisted in this State who are now at different and
distant places. If we are credited with these, it will by them be expected that
we provide for them; and if this be not done, the officers will resign and the
privates desert; but to do this seems impracticable upon any particular State
system ; and if possible, the expenditure occurring in the transportation of sepa-
FINANCIAL MEASURES. 459
But in addition to measures for supplying the immediate de-
mands of the period, it was necessary also that something should
be done to sustain and restore the credit of the general currency.
Although the first issues had 'not been redeemed, Congress had
been compelled to resort to new emissions, and at this time the
amount exceeded one hundred millions ; the depreciation of the
bills in consequence, was rapidly increasing; they now would
scarcely pass for one-fourth of their nominal value. Whether 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, unless 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 State,
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.13
rate supplies to so many different posts, would be out of all proportion to the
value of the articles supplied. For these reasons, with many others, 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 as they may
think just and adequate; a mode which by comprehending the whole, will re-
move all danger of partial distinctions; which will be less difficult and less ex-
pensive than the one excepted against; and which will produce that satisfaction
without which the service can never be generally agreeable to those engaged
in it, or fully beneficial to the nation." • Voles, vol. 5.
18 On the 31st of May a communication was received containing a further
460 FINANCIAL MEASURES.
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
emitted by the State whilst the same was a colony, should be
called out of circulation by the 1st of January next ensuing, in the
payment of taxes, or in exchange 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
removed, 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 had been passed
by the legislature for regulating and limiting the price of labor,
and of sundry articles of produce, manufacture, and trade, and to
prevent forestalling and engrossing; 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 required, and that if extended
and properly observed, they would aid materially in relieving the
existing difficulty 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 of June, a
resolution was agreed to in the Assembly, that as the depreciation
of the Continental bills appeared to threaten the most alarming
evils, a representation should be made to Congress upon the subject,
and on the expediency of adopting a general regulation and limi-
tation of prices throughout the United States. Council not con-
curring at the time, this measure was not immediately carried out,
but at the next sitting of the legislature, the movement was renewed,
and on the 20th of September it was resolved that application
requisition of Congress to the State, for the sum of two millions four hundred
thousand dollars, for the service of the year. But it was resolved that no larger
sum should be raised than had before been proposed.
FINANCIAL MEASURES. 461
should be made to Congress requesting and urging them to adopt
and recommend to the States some general plan for limiting and
determining prices ; and that a circular upon the same subject
should also be directed to the legislatures of the several States.14
" In the address to Congress, it was said, " that amidst the promising pros-
pects of an happy issue of the present war, and of the establishment of the
glorious freedom and independence of these United States, we feel the most
painful anxiety from the state of the Continental finances, which threatens not
only embarrassment, but ruin to the public 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 calculate
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 deplorable, we conceive that every possible
exertion ought to be made ; and that nothing short of a regulation of prices
generally adopted and effectually carried out, will prove sufficient The im-
practability of such a measure has been strongly represented by interested per-
sons, 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 persevered 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 States, 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 amplest
manner. Multitudes in the several States formerly opposed to the measures are
now anxious to see it take place ; they are convinced that taxation without a
regulation 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 order the
better to enable him to pay his tax, and thus prices will go on rising, our money
depreciating, and our debt increasing, until we become a ruined people. With
regard to the mode of regulating, we would observe, that if prices be fixed at
any certain standard not to descend, we fear it will answer no valuable purpose.
Those who wish to break through the regulation have only to withhold what
they have for sale, and the business will be done ; the scarcity will soon compel
the public to yield to their avarice ; nor will they run any risk in withholding,
the chance will be altogether in their favor. But if prices are reduced by mode-
rate and regular graduations, and at certain and short periods, the case will be
different; this will operate like a falling market, it will induce the people to ex-
hibit what they have to spare, in order to avoid the loss that might be incurred
by delay."
The circular to the other States represented the urgent danger from the de-
462 FINANCIAL MEASURES.
The several measures that were adopted might have served for a
time to sustain the credit of the 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 the 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 the military fortunes of the country, but with the prospect
of deep embarrassment in its financial concerns.
By the legislature which was elected at the usual time, and
which convened on the 27th of October, 1779, the objects which
had occupied the former body were further pursued. During the
preciation 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 the
desired effect; that loans could only prove useful as a temporary expedient, and
taxation was slow, and its effects 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 fallen short of their object, because of their parti-il
operation. A general application to Congress was recommended, but that if
such an application did not appear eligible, or if when made it shoul 1 not be pro-
ductive of the desired effect, 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 far as New York, and they recommended that another meeting
should be held at Philadelphia, consisting of delegates from all the States 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 Fennimore were
appointed. These Commissioners afterwards reported that they had attended
the Convention, and after waiting near three weeks and no Commissioners ap-
pearing from Massachusetts, Rhode Island, or Virginia, and a majority present
being of opinion that they could not properly act unless all the States mentioned
in the recommendation were represented, they were obliged to return without
doing any thing to answer the object of their appointment, but that afterwards,
as they were informed, Commissioners from Massachusetts and Rhode Island
had attended, and that seven States being represented they had adjourned to
meet at Philadelphia in April. What further action took place is not known.
FINANCIAL MEASURES. 463
pendency of the measures that had been adopted for procuring a
general regulation of prices, it was thought necessary that new
enactments upon the subject should be made by the State." Accor-
dingly, laws were passed to prevent engrossing, forestalling, and
enhancing the prices of produce, manufactures, and merchandize
within the State, and for limiting the prices of various articles, and
to prevent the necessaries of life from being withheld.13 Nearly
at the same time Congress made new calls upon the States for the
redemption of the Continental' bills. Resolutions of Congress
were laid before the legislature of New Jersey, recommending to
the legislatures of the several States, to raise their respective
quotas of fifteen millions of dollars, to be paid into the Continental
treasury by monthly instalments, from the first day of February,
to the first of October ensuing, and six millions were to be paid
annually for the eighteen succeeding years; and the idea of any
failure in the redemption of all the engagements of the government,
"was still strongly resisted. In compliance with the requisition,
the houses entered upon the consideration of the amount necessary
to be raised for the year, and it was resolved on the 20th of
November, that the sum of nine millions of dollars should be
raised by the ensuing October.16 Requisitions were also made
upon the State in a different manner. The Governor transmitted
a resolution of Congress, calling upon_ the State for a supply of
provisions for the use of the army, and a letter was also laid be-
fore the houses from the Commander-in-Chief, stating the alarm-
ing situation of the army, and earnestly requesting supplies.
These calls were answered; large supplies were furnished, under
the sanction of the State, but by engagements which provided for
15 A motion was made to suspend the operation of some of the provisions of
these laws, until similar provisions should be adopted by the neighboring States,
but the motion was not agreed to. The laws however were afterwards sus-
pended in part
16 The enormous sums ordered to be levied and raised at this period, are to be
considered according to the value of the currency at the time. The nominal
expenditures are also to be judged by the same standard. The bill for the sup-
port of the government passed at this time, gave seven thousand pounds per
annum to the Governor, five thousand to the Chief Justice, and to the other
oflicers proportionally, and these salaries were afterwards still farther increased.
464 FINANCIAL MEASURES.
payment from the Continental treasury. These various demands,
and especially the latter, proved a cause of no little embarrassment
to the people. They had parted at this time, and on similar occa-
sions, with a large portion of their produce to the Continental
Agents, and were principally paid in certificates which were not
available for their purposes, and thus they were rendered unable
to meet the requisitions of the State authorities for the payment of
taxes. Much difficulty was experienced in consequence. Petitions
were presented to the legislature praying that some means might
be devised for the payment of the certificates they had received,
or that these certificates might be made a lawful tender in the
payment of taxes. By a resolution of the 1st of March, the legis-
lative bodies determined that an application should be made to
Congress, stating the facts of the case, and asking relief, and a full
representation was accordingly made.17 But, little more was done
" It was represented in the address, " that from the position and operations of
the enemy since they possessed themselves of the harbor and city of New York,
and the adjacent Islands, a very considerable proportion of the labour and time
of the inhabitants of New Jersey have been employed in militia service, and hi
transporting the supplies of the army; and for the last two years almost the whole
surplus of the produce and manufactures of the States, beyond a bare subsistence
for the inhabitants, has been necessarily purchased or taken, for the use of the
United States. That the greater part of these late and extensive supplies re-
main unpaid for; that very large sums are due from the United States to the
inhabitants of this State for transportation, and also, that from a real or pre-
tended want of money, to satisfy these contracts, the Continental Agents have
given certificates to the inhabitants for their respective demands. The want of
money due on these certificates is so much more severely felt by the State, in-
asmuch as in addition to its sufferings in common with the other States of the
Union, from the effects of the war, the inhabitants have been distressed in an
especial manner, by a great part of the military operations centering in the
State ; and also from being unprovided with the means of trade, large sums are
constantly drawn from the State for procuring clothing and articles of subsis-
tance for the troops, and ammunition for the militia, whereby the State is de-
prived of its proportional quantity of the circulating medium. The legislature
of the State, ever desirous of testifying their most ready compliance with the
requisitions of Congress, as far as the circumstances of the State warranted,
cheerfully adopted the extensive tax, lately recommended by them, with the
expectation of thereby supporting the sinking credit of the Continental currency,
as well as adding spirit and vigour to the operations of the war; relying that
FINANCIAL MEASURES. 465
by Congress, and perhaps no more could have been done, than to
forward a resolution recommending the legislature to make pro-
vision for the payment of the dues, and to charge the same to the
account of the United States.
In the midst of these embarrassments new efforts and new sacri-
fices were required, and were made. The campaign of 1779 had
been entirely negative in its results; a kind of languor, (the con-
sequence, it may be, of too much reliance upon the treaty with
France,) had generally prevailed.18 But as the season for new
operations approached, the Commander-in-Chief had represented
the state of affairs to Congress, and the necessity of more vigorous
action. He stated that before the close of June, 1780, the term
of service of nearly one-half the troops in his army would expire.
In consequence, Congress transmitted a circular to the States re-
quiring that they should furnish, for the ensuing campaign, on or
before the 1st of April, their respective deficiencies of thirty-five
thousand men. This circular was received by the legislature, and
also a communication from the Commander in-Chief, giving a
statement of the number of troops in the service belonging to the
State, the lime of the expiration of their service, and the number
of men required according to the resolution of Congress. Another
resolution of Congress was also received, requiring the States
the money for which the inhabitants might exchange their produce, would enable
them to discharge their respective assessments ; but a large portion of the people
declare that it is impossible for them to pay the amount without divesting them-
selves of the necessaries of life, or receiving a part of the money due from the
United States. Affected by the complaints and approaching distress of their
constituents, the legislature are constrained to call the attention of Congress to
their embarrassed situation, and to request that they will take such measures as
they in their wisdom may devise to discharge the debts due to the people of the
State, or such proportion thereof as will enable them to pay their taxes without
distress to their families."
18 Although the events of the year 1779 had been but little satisfactory in a
military point of view, an advantage had been gained in the union of Spain
with France, in opposition to England. Spain, however, maintained for a time
an almost neutral position toward the United States. Their independence was
not acknowledged, and though Mr. Jay, the American Minister, was allowed to
remain, he was not formally received. Yet indirect support was given, and the
attitude of hostility toward England was not without its effect.
59
466 FINANCIAL MEASURES.
to procure supplies for the ensuing campaign, in articles and
quantities specified. Compliance with these requisitions was by
no means easy under the circumstances existing at the time, yet
the necessary measures were taken. An act ^was passed on the
6th of March for completing the quota of troops belonging to the
State, and further regulations were also made for procuring pro-
visions and other supplies for the army.
So far as the measures adopted by Congress and the States
could reach, they were measurably successful ; but they failed to
effect a change in the natural relation of things, in regard to
monetary affairs ; the shadow could not be made to continue with-
out the substance, by any enactment or efforts. Congress con-
tinued the issue of new bills, and with every emission the value
became less. The whole amount of Continental money at the open-
ing of the year 1780, exceeded three hundred millions of dollars.
The calls upon the States for the means of redeeming the bills
were but very partially answered, because the means were not at
command. The legislature of New Jersey, as has been seen,
performed their duty in passing laws, and every endeavour was
used to ensure the object in view ; special appropriations were
made to meet particular demands as early as should be practicable,
and the desire and design of the State to comply with every re-
quisition, were shown in the fullest manner. But the condition
of affairs was such that prompt and full compliance was not possi-
ble. Specie had been drawn to other points, and even the de-
preciated Continental bills which might have been used to an
extent, were not in hand, certificates having been received in
large amounts instead. Congress at length became satisfied that
the amount of money emitted could not be redeemed at its nomi-
nal value, and on the 20th of March, 1780, a resolution was passed
recommending to the States a revisal of the laws called " tender
acts." It was recommended that the Continental money should
be taken in at the rate of forty for one, and even in this ratio the
redemption was to be made in other bills. A new issue was ad-
vised, which was not to exceed one-twentieth part of the old in
amount; and was to be made on the credit of the individual States ;
the bills to be redeemable in specie in six years, and to bear an
interest of five per cent, payable also in specie ; but four-tenths
FINANCIAL MEASURES. 467
of the whole amount was to be subject to the order of Congress,
and the whole to be guarantied by Congress.
Measures were adopted by the legislature for carrying the new
plan into operation. On the 30th of May an enactment was made
for establishing a fund for sinking and redeeming the bills of credit
of the United States ; and soon afterwards another was passed to
repeal the former act declaring the value of the Continental money,
and to explain and amend the act making the same a legal tender.
The bills were continued a lawful tender in the proportion above
stated, and no further abatement was to be allowed in any con-
tracts. Two hundred and twenty-five thousand pounds was au-
thorized to be struck in the new bills. But this new scheme of
finance, although it gave a momentary check to the tendencies of
the time, brought no permanent relief. The credit of the new
bills depreciated after a short time, so as to approach the level
of the old, and hence the exchange of the old money was
scarcely desired ; and beside this, in New Jersey, the amount of
Continental money to be exchanged was comparatively small,
owing to the large sums held in certificates. The whole sum in
new bills authorized by the legislature, was not issued, and the
Continental money, both in New Jersey, and elsewhere, gradually
perished in the hands of the holders. A crisis in the monetary
affairs of the country was at hand. " Our financial concerns,"
«aid Washington, "are in an alarming state of derangement; the
public credit is almost arrived at its last stage." The military
operations of the season, too, were far from fortunate. The
southern States, which at this period were the principal theatre of
conflict, suffered extremely; South Carolina and Georgia were
almost reduced, their principal cities being taken and held by the
enemy. In the north, nothing had occurred that could give much
relief to the picture, whilst a deep and dark shade had been thrown
upon it, by the treason of Arnold.19
19 The attempt of Arnold to surrender West Point was made in September,
1780.
CHAPTER XXIIL
FINANCIAL CRISIS. SUCCESSES OF THE AMERICANS. CLOSE OF THE
WAR. — THE FEDERAL GOVERNMENT. NEW STATE CONSTITUTION".
A new legislature convened in New Jersey in October, 1780.
Governor Livingston was again re-elected to office. General de-
pression existed at this period. The Continental money was scarce-
ly available for any purpose, and was soon afterwards entirely with-
drawn from circulation.1 The credit of the bills lately issued was
doubtful, and the large amount held by the people of the State in
certificates, lay wholly useless in the hands of the holders. At
the same time a considerable portion of the northern army was
again stationed in the State, and continual demands were made
for supplies, and the enemy being in force on the borders, unceas-
ing vigilance as well as increased exertions were required, to pre-
vent incursions. From these several circumstances the strength
and resources of the State became greatly reduced ; beside the de-
ficiency in pecuniary means, there was an absolute scarcity of
many articles of supplies. In no portion of the entire country did
the pressure of the war fall more heavily than in New Jersey, and
this was one of the darkest periods of the struggle. At this time
too, a disposition was shown in some of the other States, or at
least in one, to make a special appropriation of means which were
claimed to belong to the country at large, and which were looked
to as a means of final relief. Of this course New Jersey justly
complained, and it was deemed proper, and was resolved that an
1 An act was passed on the 2d of January, 1781, for ascertaining the value of
the Continental money, in the payment of debts, and for taking the same out of
circulation.
FINANCIAL CRISIS. 469
appeal upon the subject should be made to Congress.2 But the
State authorities applied themselves with earnestness, to devising
measures for the removal of existing difficulties, and for sustaining
the efforts of the country. A resolution of the 4th of November
2 " Representation and remonstrance of the Legislative Council and General
Assembly of the State of New Jersey.
" That the Legislature of this State did, by their representation dated the 1 6th
day of June, 1778, which was read in Congress, and entered on their journals
on the 25th of the same month, make sundry objections to, and propose cor-
respondent alterations in the articles of confederation proposed by Congress to
the several States in Union. That though a majority of said States in Con-
gress did not agree to the said alterations, nevertheless, urged by the then criti-
cal state of public affairs, and particularly by the circular letter of Congress
dated the 10th of July, of the same year, the Legislature did, by an act of the
20th of November following, an exemplification of which was read in Con-
gress, and entered on the 25th of the same month, empower the delegates of
the State to subscribe the said articles of confederation. That avoiding unne-
cessary repetitions, they beg' leave in the most earnest and explicit manner, to
call the attention of Congress to these several records, as from them it is clearly
understood in what confidence this State waived, for the time, their just pre-
tensions, described in the sixth article of the representation before mentioned,
and postponed every private consideration, to the happiness and perfection of
the Union, well convinced that the time could not be far distant, when every
partial ajid unfounded claim would be equitably and satisfactorily relinquished.
That they saw with the utmost surprise, an office opened by the Common-
wealth of Virginia, for the sale and disposal of lands, which, before and at the
commencement of the present war, were confessedly vested in the crown of
Great Britain, when on the plainest principles of the law of nations, of reason,
truth and justice, they are become, by the revolution, vested in Congress, for
the use of the federal republic they represent. That it is the indispensable
duty of the Legislature, in justification and defence of the rights of the people,
to except and remonstrate in the most pointed terms, against the disposition of
any property under the foregoing description, for the emolument of any State.
That they acknowlege no tribunal but that'of Congress competent to the re-
dress of such a grievance as the setting up ,by any State, of an exclusive claim
to any of the said lands, in whatever part of the Union they may be situated ;
and they see with pleasure, in the proceedings of Congress of the 16th of Sep-
tember and the 8th of October last, (this representation was made on the 29th
of December, 1780,) the faithful and generous efforts made by that honorable
body to compromise and adjust differences upon this subject, and have the full-
est hopes that they will be effectual. That it is the habitual predilection of
470 FINANCIAL CRISIS.
was received from Congress recommending to the States to raise
their respective quotas of six millions of dollars, to be partly paid
in specific articles, which were enumerated, and the remainder in
specie, or in the State bills recently emitted. Accordingly, a law
was passed for raising by assessments the sum of one hundred
and fifty thousand pounds, in money and other supplies. The levies
ordered for providing supplies were to be made according to the
condition and means of the several parts of the country ; most rigid
regulations were also adopted to prevent an illicit traffic in pro-
visions, with the enemy.3 Every means was resorted to, to im-
prove and establish the public finances. In order to preserve the
dredit of the bills that had recently been issued by the State, a
change was made in the law directing their exchange for old
money,4 and a new emission of bills of credit was ordered amount-
ing to thirty thousand pounds. The petitions to Congress asking
that the certificates held by the people of the State should be re-
this State that all causes of complaint, jealousy, and contest, not only upon this,
but upon every other subject, should subside under the conciliating influence of
equity, moderation, and liberal affections, and that it may never become just to
entertain a thought of resorting to other means. Confiding, therefore, in the
watchful care, the wisdom, the justice and firmness of Congress, they assure
themselves that the republic will be secured against detriment, and the rights of
every State in the Union strictly maintained."
3 Some of the inhabitants of the State, who were disaffected or cold to the
American cause, and others who were tempted by the opportunity of obtaining
money which could scarcely be elsewhere procured, continued to sell provisions
to the enemy, whilst the American army was in the greatest want. A strong
enactment was passed to prevent the practice.
4 The continued depreciation of the Continental money changed the relative
value of the currencies, and an alteration of the law became necessary in order
to prevent the new bills from being carried down by a fixed connexion with the
old. Hence an enactment was made directing that the proportion between the
State bills and the Continental money should be the same as between the latter
and gold and silver, and the legislature resolved, " that they were determined to
redeem at full value of gold or silver, all and every of the bills issued on the
faith of the State." But notwithstanding this enactment and resolution, the
State bills depreciated in value, and petitions were presented setting forth the
injury that was done by keeping them a legal tender, and hence on the 13th of
June, 1781, the act making them a legal tender was repealed. In December,
1782, a resolution was adopted to take them out of circulation.
FINANCIAL CRISI3. 471
deemed, or that they might be received in exchange for Slate bills,
or used in the purchase of supplies for the army, not having been
successful, they were made receivable into the State treasury in
payment of taxes, and much relief was thus given to the people.
An arrangement was made with the troops in the Continental
service, agreeing upon the amount of their dues 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 discharging the bounty to be paid to the
troops. Provision was also made designed to secure the more pro-
fitable use of confiscated estates.5
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, promises of assistance had been given,
but the earnestness of the new envoy excited to movements more
answerable to the urgency of the occasion. A subsidy of six
millions of livres was furnished by his Majesty, and an additional
s 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, which was constantly depreciating, the benefit to the State was much
reduced. The 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 ten
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.6 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
War 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.7
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
6 Spain would only grant assistance upon condition that the Americans would
relinquish all claim to the navigation of the Mississippi, a demand which was
positively refused.
7 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 afterwards
fully pursued. The resolution was adopted by Congress on the 3d of February,
1781, and on the 3d 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
and prize goods, and for appropriating the same."
SUCCESSES OF THE AMERICANS. 473
of some of the troops broke out into actual revolt.8 Yet this evil
was soon arrested, and the result of the exertions that have been
noticed, was the eventful campaign of 1781.
The opening of this 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 difficulties, 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. Washington, 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-
8 It required a high feeling of patriotism to sustain the army amidst the priva-
tions they were obliged to undergo, and at this time when the pay and the sup-
plies of the troops had so nearly failed, it is not surprising that some discontent
should have been shown. In addition to the general causes of dissatisfaction, 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 fulfilled 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 effected by
which a number of the troops were allowed to depart, tnd the arrearages of pay
secured to them. On the 20lh 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 existed in the
American army, but to exhibit the character of the enemy. They endeavoured
to take .advantage of the revolt, by making the most seductive offers to th£ troops,
but though the latter were dissatisfied, they were not traitors, and indignantly
rejected the proposals that were made to them.
GO
474 SUCCESSES OF THE AMERICANS.
cordingly issued orders calling Cornwallis to a nearer point,
directing that he should establish himself at Point Comfort, and
thus secure an opportunity for a movement by sea, as occasion
might offer, or require. Disliking the position selected by his
superior, Cornwallis fixed upon Yorktown, and in August fortified
himself at that place. At this period, his Majesty of France, in
addition to the aid already furnished to America, had despatched
a fleet, commanded by the Count De Grasse, to the American
coast; and Washington finding that this force was to enter the
Chesapeake, conceived the design of making a hasty, movement
from before New York, and advancing against Cornwallis, whose
escape by sea would be prevented by De Grasse. This design
was executed with such exactness that the French fleet and the
American army reached the point of operation almost at the same
time ; and the movement was carried on with such celerity that
Clinton, at New York, was not apprised of the attempt, until it
was too late for any effectual measures to prevent it. Cornwallis,
intercepted by sea and invested t>y land, after various unsuccess-
full attempts at defence or escape was forced to surrender. On
the 19th of October articles of capitulation were agreed upon, and
the entire army was given up.
The capture of Cornwallis convinced the British nation that
America was not to be subjugated, and a disposition toward an
accommodation was soon afterwards shewn. Parliament convened
on the 21st of November, 1781, and though the speech from the
Throne, and the reply from the Houses, were still somewhat
haughty and hostile in tone, yet soon afterwards an address was
moved by General Conway, in the House of Commons, which
declared " that it was the opinion of this House that the farther
prosecution of offensive war on the Continent of North America
for the purpose of feducing the revolted colonies to obedience by
force, would be the means of weakening the efforts of this country
against her European enemies, and tend, under the present cir-
cumstances, dangerously to increase the mutual enmity so fatal to
the interests both of Great Britain and America." This motion
was carried, and an address in pursuance thereof was presented to
the King. In reply, his Majesty assured the House that he should
take "such measures as should appear to be most conducive to
SUCCESSES OF THE AMERICANS. 475
the restoration of harmony between Great Britain and her revolted
colonies, so essential to the prosperity of both." Very soon after-
wards a new administration was formed, composed of persons
who were favorable to measures of peace, and at an early period
an envoy was sent to France, to open a communication with the
French Court, and the American Minister.
But the Americans did not fail in the meanwhile to pursue
the advantages they had gained. Congress proceeded to adopt
measures for the prosecution of a new campaign ; calling upon
the States for their respective quotas of men and money.9 The
Superintendent of Finances had brought the affairs of his depart-
ment into order, and had reduced the public expenditures. In the
course of the season he had projected a National Bank as a further
means of relief; the plan he proposed was approved by Congress,
and in December, 1781, an act of incorporation was granted, the
body to take the name of " The President and Directors of the Bank
of North America." The bills of the bank were to be receivable
in payment of all taxes, duties, and debts due to the United States.
A trade which had yielded considerable profits, was now carried
on with the West Indies, and capitalists came forward and invested
their means in the new stock; the bank was established and di-
rectly went into operation. Important and most seasonable aid
was thus afforded.
A new legislature was chosen in New Jersey in October, and
the bodies convened at the usual period. The long tried Gover-
nor was continued in his place. The requisition of Congress for
the payment of the quota of eight millions of dollars required of
the State, was received, together with a resolution of Congress
that no certificates could be taken in the amount.10 In the de-
8 Eight millions of dollars in specie was required from the States.
10 Continental certificates had been received in the State in payment of taxes,
and the amount thus taken together with such sums as might still remain in
certificates in the hands of individuals, formed a debt due from the Continental
treasury. But this debt was not allowed as any offset at this time, Congress
requiring the payment of specie, a requisition which though necessary under the
circumstances of the time, was by no means easily complied with. A new re-
presentation earnestly requesting that provision should be made for the settle-
inent of these certificates, had just been made by the legislature.
476 CLOSE OF THE WAR.
pressed situation of affairs which then existed, it was not deemed
advisable entirely to exclude certificates in the payment of taxes,
and a bill was passed for raising one hundred and fifty thousand
pounds in money and certificates.11
Beside the appropriation of means according to the utmost abili-
ty of the State, the authorities contributed also by their declara-
tions, to sustain the position and efforts of the country. On the
4th of May, 1782, they adopted resolutions noticing the bill which
had been brought into Parliament to enable the King to conclude
a peace or truce with the United States, under the description of
the revolted colonies. They declared, " that we, the legislature
of this State, are determined to exert the power of the State to en-
able Congress to support the National Independence of America,
and that whoever shall attempt any pacification between these
States and Great Britain, expressing or implying the least subor-
dination or dependence of the United States to or upon Great
Britain, or shall presume to make any separate or partial conven-
tion or agreement with any person acting under the Crown of
Great Britain, ought to be treated as an open and avowed enemy.
That although peace upon honorable terms is an object truly de-
sirable, yet that war, with all the calamities attending it, is incom-
parably preferable to national dishonor and vassalage, and that no
event, however disastrous, ought to induce us to violate in the
least degree our connexion with our great and generous ally.
That the legislature will maintain, support, and defend the so-
vereignty and independence of this State with their lives and
fortunes, and will exert the power thereof to enable Congress to
prosecute war until Great Britain shall remove all claim of so-
vereignty over these United States, and until their independence
shall be formally or tacitly assured by a treaty with Great Britain,
France, and the United States, which alone can terminate the war."
It was fortunate both in view of the interests of humanity, and
also of the necessities of the country, that the struggle to secure
" The houses resolved that the Treasurer should pay to the order of the
Superintendant of Finance so much of the specie directed to be raised by this
act, as should be called for from time to time, so that the whole amount paid,
should not exceed the sum of fifty thousand pounds.
. CLOSE OF THE WAR. 477
the object in view, was not much longer protracted. No hostile
operations of importance were afterwards entered upon. Nego-
tiations in Europe on the subject of a treaty of peace were active-
ly commenced, which were conducted on the part of the Americans
by Franklin, Adams, Jay, and Laurens. Difficulties were ex-
perienced by the American negotiators on account of the rela-
tions in which they were placed by the alliance with France, and
the instructions they had received relating to a concert of action
with that government. But finally (without the perfect concur-
rence of his Majesty of France,) a provisional treaty was made
between Great Britain and the United States, and was signed on
the 3dth of November, 1782. This however, was not to take
effect until peace should be concluded between Great Britain and
France. But on the 20th of January preliminary treaties between
Great Britain, France, and Spain were settled and signed. The
restoration of peace being thus ensured, Congress on the llth of
April, 1783, proclaimed a cessation of hostilities, and on the 15th
of the same month formally ratified the treaty.12
The conclusion of the war was the cause of the greatest rejoic-
ing throughout America. . The event was communicated to the
legislature of New Jersey by Governor Livingston on the 19th of
May, 1783. He said that "Providence having been pleased to
terminate the late war in a manner so honorable and advantageous
to America, I most heartily congratulate you on the auspicious
event; but let us not flatter ourselves that because the war is over
our difficulties are at an end. The advantages to be expected
from the establishment -of our independence will greatly depend
upon our public measures, and a conduct suitable to so important
a blessing. Perhaps at no particular moment during our conflict
with Great Britain, has there been a greater necessity than at the
present juncture for unanimity, vigilence and exertion. The glory
we have acquired in the war will be resounded through the uni-
verse. God forbid thaf we should ever tarnish it by any un-
nThe definitive treaties between Great Britain, France, and Spain were
signed on the 3d of September, 1783, and at the same time the definitive treaty
between Great Britain and the United States, and the latter was ratified by
Congress on the 14th of January, 1784. Pitkin, vol. 2, p. 153.
478 CLOSE OF THE WAR.
worthy conduct in times of peace. We have established our
character as a brave people, and exhibited to the world the most
incontestible proofs that we are determined to sacrifice both life
and fortune in defence of our liberties. Heaven has crowned our
victories and heroic struggles with the most signal success, and
our military exploits have astonished the world. Let us now
show ourselves worthy of the inestimable blessings of freedom by
an inflexible- attachment to public faith and national honor. Let
us establish our character as a sovereign State, on the only dura-
ble basis of impartial and universal justice ; for whatever plausible
sophistry the artful may contrive, or the avaricious be ready from
self interested motives to adopt, we may depend upon it, that the
observation of the wise man will, through all ages be found an in-
controvertible truth, that righteousness exalteth a nation, but that
sin (of which injustice is one of the most aggravated,) is the re-
proach of any people."
The long contest now concluded had been conducted under
great disadvantages and difficulties. At the commencement, no
Continental government existed, and consequently no general pro-
vision had been made, and the government afterwards formed, was
so imperfect in its character that proper regulations and provisions
if adopted, were frequently not observed. Beside this, the in-
experience of the government and of the people, together with
the pressing necessities of the time, led to an extension of engage-
ments beyond the resources of the country; hence extreme pecu-
niary embarrassment and great pecuniary loss, were added to the
numerous evils always incident to a state of war. By the depre-
ciation and final sinking of the currency, not only was the action
of the government impeded, but thousands of the people were
injured, and many were entirely ruined.
To meet existing obligations and make adequate provison for
the future, were now the objects to be mainly regarded. The
whole expense of the war was estimated at one hundred and
thirty-five millions of dollars, including the specie value of the bills
advanced from the Continental treasury, reduced according to an
established scale of depreciation. The whole amount of the debt
of the United States, in 1783, was estimated at forty-two millions,
eight millions of which arose from foreign loans, and the remainder
CLOSE OF THE WAR. 479 .
was due to American citizens. Obligations of a special character
had also been formed in making provision for the officers and
soldiers who had been engaged in the war. These classes had
suffered the greatest hardships, not merely in their particular
services, but from the want of proper supplies, and the tardy and
imperfect compensation they had received. To satisfy in some
degree the complaints that were made to Congress and the Com-
mander-in-Chief, the latter recommended a half pay establishment.
Accordingly, in May, 1778, Congress granted half pay for seven
years to all who should continue in service during the war, and a
similar grant was afterwards made to the widows or orphans of
such as had, or should die in the service. In 1780, a grant of half
pay for life was granted to the officers; but this was finally changed
to five years full pay.
Measures were taken by Congress to. meet the present exigen-
cies of the time. On the 18th of April, 1783, they declared that
it was indispensably necessary to the restoration of public credit
and to the discharge of the public debts, to vest Congress with
power to levy certain specified duties on wines, teas, pepper,
sugar, molasses, cocoa, and coffee, and a duty of five per cent,
ad valorum on all other imported goods.13 The States were also
required to establish revenues in such manner as they should
judge convenient for supplying their respective quotas of one
million and a half of dollars annually, exclusive of imports. Con-
gress urged, in the strongest manner, a compliance with these de-
mands, appealing to the gratitude and pride, as well as the justice
and plighted faith of the nation. The legislature of New Jersey
resolved, that the address and recommendation of Congress should
be printed and distributed throughout the State. On the llth of
June an act was passed " to authorize the United States in Con-
gress assembled, to levy a duty on certain goods and merchandize
imported into this State from any foreign port, island, or planta-
tion," and nearly at the same time, an enactment was made for
raising the sum of ninety thousand pounds by taxation for the
" It was proposed that these duties should continue for twenty-five years, and
to he applied solely to the payment of the principal and interest of the public
debt.
480 CLOSE OF THE WAR.
exigencies of the year 1783. But the same degree of regard to
the recommendations of Congress was not every where exhibited.
Some of the States assented to the resolution respecting imports
without hesitation* but others lingered or only acceded upon condi-
tion that similar acts should be generally passed. The repeated and
earnest representations of Congress finally prevailed with all the
States except New York ; but she persisted in refusal, and by her
single negative, finally defeated the measure. This failure was
most prejudicial in its effects; it not only tended in a great degree
to render nugatory the efforts of Congress for the restoration and
maintenance of the National credit, but was also a cause of dis-
sension among the States themselves. New Jersey complained
that the refusal of other States to make the grant to Congress, and
their separate enactments upon the subject, were unjust to the
country, and operated injuriously upon her, rendering her unable to
meet the demands of Congress, and particularly, the demand for
specie. A strong representation was made in consequence.14
"By resolution of the 20th of February, 1786, it was said, "that .the requi-
sitions of Congress of April, 1783, for a general impost and revenue hath, not
been complied, with by all the States, especially by the States of New York and
Georgia, (Georgia afterwards acceded,) though the requisition is founded upon
the most just and equal principles, and being a measure, in the general opinion,
absolutely necessary to the existence of the United States in their confederated
capacity, while pur neighbouring States, by their State imposts, are draining
this State of sums annually, to a much larger amount, as we have reason to
suppose, than our quota of specie called for by the late requisition of Congress.
That this House cannot, consistently with the duty they owe to their constitu-
ents, comply with the requisition of Congress of the 27th of September last, or
any other, requiring specie, until all the States in the Union shall comply with
the requisition of Congress for an impost and revenue ; or at least until the
several States having the advantage of commerce which they now enjoy solely
by the joint exertions of the United States, shall forbear exacting duties or im-
posts upon goods and merchandize for the particular benefits of their respective
States, thus drawing revenues from those whose local circumstances will not
admit of their enjoying similar advantages." .
In instructions to the representatives in Congress, given March 2d, 1786, it
was said, "when the revenue system of the 18th of April, 1783^ was passed in
Congress, we were in hopes that our situation between two commeicial States
would no longer operate to our detriment; and that those States, and others in
their predicament, were at length convinced of the selfish and palpable injustice
CLOSE OF THE WAR. 481
Beside this failure, the requisitions of Congress for direct contri-
butions from the States, were but partially complied with ; the
government was compelled to resort to loans to pay even the in-
terest on the foreign debt, and the interest on the domestic debt
remained wholly unpaid.
The western territory, or " Crown lands" were viewed by the
people of the States as a fund to aid in the payment of the public
debt. The expectations and wishes of New Jersey in reference
to these lands, have already been noticed. In October, 1780, a
resolution was adopted by Congress recommending the States to
make liberal cessions of their territorial claims. In 1781, this
was complied with by Virginia so far as to cede all lands north-
west of the river Ohio, upon the condition however, that Congress
should guaranty all the other lands she claimed. This cession
was not satisfactory to other States. New Jersey presented a
remonstrance stating " the just and incontrovertible claim of this
State to its full proportion of all vacant territory," and requesting
of subjecting others to their exactions, and then applying those exactions to the
augmentation of their respective private revenues. As we are convinced that
neither public credit can be supported, the public debts paid, or the existence of
the Union maintained, without the impost revenue in some form, you are in-
structed to vote against each and every ordinance, resolution, and proceeding
whatever, which shall produce any expense to New Jersey, for the promotion
or security of the commerce of those States, or any of them, from which the
Union in general, nor this State in particular, derives any advantage, until all
the States shall adopt and carry into executioa the impost above mentioned.
To vote against each and every ordinance, resolution, or proceeding which shall
tend to charge this State with any expense for gaining possession of, or defend-
ing such territory claimed by, or which is to accrue to, the exclusive benefit of
any particular State or States, and not to the Union at large."
The resolution of the House declining to comply with the requisition for the
payment of specie, was noticed by Congress, and was a source of so much em-
barrassment that a committee consisting of Charles Pinckney, Nathaniel Gor-
ham, and William Grayson were appointed to remonstrate with the Assembly
of New Jersey upon the subject. The committee were heard. The House
then resolved, "that being willing to remove as far as in their power every em-
barrassment from the counsels of the Union, and that the failure of supplies
from temporary demands, though clearly evinced from experience, may not be
imputed to the State of New Jersey only, that the resolution of the 20th of
February last, be, and hereby is rescinded."
61
482 THE FEDERAL GOVERNMENT.
Congress not to accept of the offer. The proposal of Virginia was
rejected by Congress with the annexed condition j but this condi-
tion being given up, the cession was afterwards accepted. Congress
urged also upon other States the necessity of early and full com-
pliance, and accordingly cessions were made by all the States hav-
ing claims to these lands, so that the whole territory northwest of
the Ohio came to be possessed by the United States. But the
advantages to be derived from this possession, were chiefly pro-
spective, this fund could not be made available to meet the imme-
diate wants of the country.
The situation of affairs at this period was such as to excite a
doubt whether the United States would be able to maintain their
nationality. The general government was found to be entirely
destitute of all authority to carry its measures into effect. During
the continuance of the war, the pressure of common danger had
enforced a general concurrence of action, though even then, the
measures of Congress were often defeated by the objections or the
inaction of the States ; now, the power of Congress was scarcely
more than a nominal thing ; as was aptly said, " they may de-
clare every thing but do nothing." There seemed to be an in-
creasing jealousy of the general government, and a desire to
establish the interests and power of the States. The obligations
arising out of the treaty of peace were not enforced without the
greatest difficulty, and loud complaints of infractions were made
by Great Britain ; there was no authority to regulate commerce,
no national judiciary, nor any general provision for mutual sup-
port in cases of insurrection within the States ; and this latter de-
fect was brought more strongly into view by actual and serious
disturbances.15 These circumstances were the cause of extreme
uneasiness ; the wisest as well as the strongest spirits of the time,
were oppressed with a feeling of apprehension. Washington de-
clared, in reference to the disinclination of the States to yield
competent powers to the general government, that " we have op-
posed the British in vain, and have arrived at the present state of
peace and independency to very little purpose, if we cannot con-
15 An insurrection of a truly formidable character took place in Massachusetts
in the year 1786.
THE FEDERAL GOVERNMENT. 483
quer our own prejudices." Jay said, in March, 1786, "I think
we are in a delicate situation, and a variety of considerations give
me uneasiness ; our affairs are drawing to some crisis, some revo-
lution, something I cannot foresee or conjecture ; I am anxious
and uneasy, more so than during the war." " Your views," said
Washington in reply, " accord with my own ; what the event will
be, is also beyond my foresight ; I do not conceive we can exist
long as a Nation, without lodging somewhere a power which will
pervade the whole Union in as energetic a manner as the autho-
rity of the State governments extend over the several States."
Governor Livingston said, in February, 1787, " I am really more
distressed by the posture of our public affairs than I ever was by
the most gloomy appearances during the war, and without the
utmost exertions of the more patriotic part of the community, and
the blessing of God upon their exertions, I fear we shall not be
able for ten years from the date of this letter, to support the in-
dependence which has cost us so much blood and treasure to
acquire."
Fortunately, or providentially, the proper and the only remedy
for the evils and disorders of the time was perceived and applied.
The foresight of Washington, though distrusted by himself, had
not failed ; and measures were soon taken to establish the power
which should " pervade the whole Union." In January, 1786,
the legislature of Virginia appointed persons to meet Commis-
sioners from the other States, to take into consideration the state
of the country, and to devise measures for the common interest.16
The other States were notified of this movement, and on the 20th
of March a resolution was adopted by the legislature of New Jer-
sey, that Commissioners should be appointed in joint meeting
to meet Commissioners from the other. States for the purposes
16 They were "to meet such other Commissioners as were, or should be, dp-
pointed by the other States in the Union, at such time and place as might be
agreed upon, to take into consideration the trade and commerce of the country,
to consider how far an uniform system in their commercial intercourse and
regulations might be necessary to their common interests and permanent har-
mony, and to report to the several States such an act relative to this great ob-
ject, as, when unanimously ratified by them, would enable the United States,
in Congress assembled, effectually to provide for the same."
484 THE FEDERAL GOVERNMENT.
mentioned. Abraham Clark, William C. Houston, and James
Schureman were appointed. The Commissioners met at Anna-
polis, in September, 1786, but five States only were represented.17
After some consideration of the subject of the meeting, the dele-
gates agreed that their powers, as well as their numbers, were too
limited to warrant a final decision, but they agreed to a report to
be submitted to Congress, and to the several Slates. In this report
they recommended the appointment of Commissioners from all
the States «' to meet in Philadelphia on the 2d Monday in May
next, to take into consideration the situation of the United States ;
and to devise such further provisions as shall appear to them ne-
cessary to render the constitution of the federal government ade-
quate to the exigencies of the Union" Congress approved of the
measures taken, and recommended to the States that the Conven-
tion should be held as proposed. Virginia first appointed delegates
to this meeting, at the session of the legislature held in October,
1786. New Jersey followed next: on the 24th of November,
David Brearly, William C. Houston, William Paterson, and John
Neilson were appointed. On the 19th of May, 1787, his Excel-
lency William Livingston and Abraham Clark were added to the
delegation, (the name of John Neilson being omitted,) and on the
7ll) of June it was further increased by the appointment of Jona-
than Dayton.
The meeting and the proceedings of this Convention, which
met at the appointed time, mark a most important era in the
history of the United States. A form of government was con-
structed to take the place of the Confederation, (which was already
almost dissolved,) and the work was devised with the highest
degree of wisdom and skill. Separate and apparently opposing
interests and elements were brought together and joined in an
harmonious union. The Constitution was formed. In this work
the representatives of New Jersey were active and useful partici-
pants. Their influence and efforts were partly directed to pre-
serve to the smaller States, New Jersey being one, a proper
degree of power and weight in the Union ; whilst they wished the
general authority to be sufficient for the purposes in view, they
17{New York, NewJersey, Pennsylvania, Delaware, and Virginia.
THE FEDERAL GOVERNMENT. . 485
were desirous to guard the relative interests of the several parts.
It was supposed by them, that this object, and indeed that the
several objects proposed, might be fully reached by a modification
in the form of the existing government. Their views were pre-
sented to the Convention in what was called " the Jersey plan,"
which was arranged by the delegates of that State, those of Con-
necticut, Delaware, and a portion of the delegation from Mary-
land.18 This plan was not adopted, the Convention resolving that
18 On the 15th of June, Mr. Paterson offered to the Convention the follow-
ing propositions, as amendments of the articles of confederation : " 1st, That the
articles of confederation ought to be revised, corrected, and enlarged, so as to
render the federal constitution adequate to the exigencies of government and
the preservation of the Union. 2d. That, in addition to the powers vested
in the United States, in Congress, by the present existing articles of confedera-
tion, they be authorized to pass acts for raising a revenue, by levying a duty, or
duties, on all goods and merchandize of foreign growth or manufacture im-
ported into any part of the United States ; by stamps on paper, vellum, or
parchment, and by a postage on all letters and packages passing through the
general post office, to be applied to such federal purposes as they shall deem
proper and expedient; to make rules and regulations for the collection thereof;
and the same, from time to time, to alter and amend in such manner as they
shall think proper. To pass acts for the regulation of trade and commerce, as
well with foreign nations as with each other; provided that all punishments'
fines, forfeitures and penalties to be incurred for contravening such rules and
regulations, shall be adjudged by the common law judiciary of the States in
which any offence contrary to the true meaning of such rules, shall be com-
mitted or perpetrated, with liberty of commencing, in the first instance, all suits
or prosecutions for that purpose in the superior common law judiciary of such
States, subject, nevertheless, to an appeal, for the correction* of all errors, both
in law and in fact, in rendering judgment, to the judiciary of the United States-
3d. That whenever requisitions shall be necessary, instead of the present rule'
the United States, in Congress, be authorized to make such requisitions, in pro-
portion to the whole number of white or other free citizens or inhabitants, 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 acts
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 hereafter
486 THE FEDERAL GOVERNMENT.
the old form of government was not susceptible of such alteration
and amendment as would render it sufficient 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
such 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 removably 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 it8 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. 6th. That the legislative, executive, and judiciary powers within the several
States, ought to be bound by oath to support the articles of union. 7th. That all
acts of the United States, in Congress assembled, made by virtue and in pursu-
ance of the powers hereby vested in them, and by the articles of confederation, and
all treaties made and ratified under the authority of the United States, shall be
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 GOVERNMENT. 487
The government was constituted so as to be partly federal and
partly national ; it was not to be composed of a mere aggregation
of separate parts, but these parts at certain 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. By this
means a goveflrtnent was 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.19 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 bg submitted to a Convention of delegates chosen in
each State 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 carrying into execu-
tion such acts or treaties, the federal executive shall be authorized to call forth
the powers of the confederated States, 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,
llth. 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."
19 Thirty-nine of the fifty-five 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 different 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.
serabled 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 26th of October, 1787,
the delegates to the Convention from New Jersey reported the
proceedings of the 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 30th of October.20 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.21 New Jersey was the third Slate
20 Votes, vol. 7, p. 25.
21 John Stevens was chosen President of the Convention, and Samuel W.
Stockton, Secretary. It was agreed that the Constitution should be read 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 this
State, do ratify and confirm the said Constitution 1" 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 exceeding ten miles square, for the seat of government of
the United States, over which they may exercise exclusive jurisdiction."
Minutes of Convention,
THE FEDERAL GOVERNMENT* 489
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 28th of August, 1788,
by a letter from the Secretary of the Convention, with a copy 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 States. 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.22
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 w.ere 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 the
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
22 Upon their meeting, the Senators were to be classified — the seats of the first
class to be vacated in two years, the second in four years, and the third 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.23
At the time appointed, Senators and Representatives appeared
from eleven of the States, but a quorum of both houses did not
attend until the 6th 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
23 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 effect,) unless others should be appointed in the mean time. On
the 28th, an act was passed providing for the election of Representatives in
Congress by the people.
THE FEDERAL GOVERNMENT. 491
the 29th of October, 1789, and the subject was acted upon by
agreeing to all the articles except the second.24
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
meat on the 6th of January, 1790. A most important as well as
difficult subject of consideration of the second session, was that
relating to the public debt, and especially as to the assumption of
the debts of the States incurred in the prosecution of the war.
After animated debate, a law was passed on the 4th 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.25 The 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
2-i 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.
23 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 coming in to
subscribe, a resolution was adopted by the Legislature, that an application
should be made to Congress for an extension of the time prescribed for the sub-
scription.
492 THE FEDERAL GOVERNMENT.
12th of November an act was passed directing particularly the
manner of appointing Senators, and Electors of President and Vice
President.26 An additional enactment was also made regulating
the mode of electing Representatives in Congress.
The place for the permanent establishment of the government
was also selected ; by act of the 25th 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 office from the time of the
first establishment of the government; he had continued steadily
at his post during the difficult 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 29th of October, and who con-
tinued in office 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 States, is still of interest and importance.
Yet the merest summary only can here be given.27
Governor Howell continued in service until October, 1801,
when Joseph Bloomfield was appointed, who then served but for
a single term. In 1802, there being no choice of Governor, John
Lambert, the Vice President of Council, performed the duties of
the office for that year, but, in the following year, 1803, Governor
Bloomfield was re-elected, and remained in office until 1812. He
26 See Paterson's Laws, p. 102. In December, 1807, an act was passed 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.
27 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 lead-
ing occurrences of the remaining period.
NEW STATE CONSTITUTION FORMED. 493
was then succeeded by Aaron Ogden, who in the following year
gave place to William S. Pennington. Governor Pennington was
followed in 1815 by Mahlon Dickerson, and the latter in turn was
succeeded in 1817 by Isaac H. Williamson. Governor William-
son remained in office until 1829, when Garret D. Wall was ap-
pointed ; but he declining to serve, a new election took place a
few 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
the following year Governor Vroom was again chosen, and re-
mained in office until 1836, when he was succeeded by Philemon
Dickerson. The next year William Pennington was chosen, and
was continued in office until 1843, and was then followed by
Daniel Haines.
At the close of the Revolutionary war, there were thirteen
counties in New Jersey.28 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, Mercer in 1838,
Hudson in 1840, and Camden in 1844. 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 the year 1843. At that time meetings were
held in various places within the State, to consider the subject
and to make a proper expression of opinion in relation to it ; and
zs Bergen, Essex, Middlesex, Monmouth, Somerset, Burlington, Gloucester,
Salem, Cape May, Hunterdon, Morris, Cumberland and Sussex.
494 NEW STATE CONSTITUTION FORMED.
\vith 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 thus 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 meeting
of the legislature,) in a message of the 10th of January, 1844.
He 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, the time, place, and manner of forming
it. A law, therefore, calling a Convention of a suitable number
of delegates, at as short a time and little expense as the importance
of the measure will justify, I believe to be both proper and neces-
sary. If the will of the people has been misunderstood, they can
so express it by instructions to their delegates. I commend the sub-
ject to your early consideration and prompt and efficient action."
The matter was field 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."29
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 the 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 ; 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
effort 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 had been amended by the
House, and the amendments were afterwards agreed to by the Council.
496 NEW STATE CONSTITUTION FORMED.
• On entering upon the business of the Convention, some differ-
ence of opinion was found to exist in regard to the particular
mode of procedure. Some of the members were disposed to limit
their action to an amendment of the existing Constitution, making
only 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.30 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 different departments of government were
entirely separated. The legislative department was made to dbn-
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 qualification 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 the
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 established, both in respect to the character and number
of courts, and the appointment and duties of officers. 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
30 The enumeration of rights and privileges was made in nineteen articles,
embracing a sufficient scope to -give ample security to the liberties of the
citizens.
NEW STATE CONSTITUTION FORMED. 497
last, which might be changed or abolished at the discretion of the
legislature.31
In the scope of authority given to the government, in the mode
of appointing officers, and in the distribution of powers, as well as
in several minor particulars, the Constitution now framed was so
different from the former, that it may truly be considered as a new
organization. The entire amount of power possessed by the go-
vernment, was lessened, and the relative condition and strength of
the parts were greatly changed. The legislature had formerly
been able to exercise the principal control ; it had been the imme-
diate source of authority to the other departments, but now, the
Executive was wholly independent of the legislature, in origin,
and the judiciary branch was only dependent in part.
In accordance with the law, the Constitution was submitted to
the people on the second Tuesday in August for their adoption or
rejection. It was found to be generally approved, being adopted
by a very decided vote.32 It thus became the fundamental law of
tiiXU 75~ll . 1 fkil V:
31 The Court of Errors and Appeals which formerly was composed of the
Governor and Council, was now to consist of the Chancellor, the Justices of
the Supreme Court, and six Judges, which Judges were to be appointed for six
years. This Court was thus made higher, by the judicial character of the
members, and more permanent from the extension of the term of office. The
powers belonging to the " Court of Pardons," which had been exercised by the
Governor and Council, were vested in the Governor, the Chancellor, and the
six Judges of the Court of Errors and Appeals, or a major part of them. This
body might remit fines and forfeitures, and grant pardons after conviction, in all
cases except impeachment. The duties of Chancellor and Ordinary, formerly
performed by the Governor, were now assigned to a separate officer. A change
was also made in the mode of appointing judicial ocffiers. Under the former
Constitution, all these appointments were made by the legislative bodies in
joint meeting. Now the Justices of the Supreme Court, the Chancellor, and the
Judges of the Court of Errors and Appeals, were to be nominated by the Go-
vernor, and appointed by him, with the advice and consent of the Senate —
Justices of the Supreme Court and the Chancellor to hold their offices for
seven years — Judges of the Courts of Common Pleas to be appointed by
the Senate and General Assembly in joint meeting, and commissioned by the
Governor — Justices of the Peace to be elected by the people.
31 The whole number of votes was 23,871. Of these, 20,276 were for the
Constitution, and 69 ballots were rejected. Majority, 16,750.
63 *
498 NEW STATE CONSTITUTION FORMED
the State, and so far as any may judge, its operation can hardly
fail to be favorable to the best interests of the people. Being en-
tered upon under the influence of the most liberal views, and exe-
cuted by a body of men distinguished for intelligence, the work
exhibits a full acquaintance with the advances that have been
made in political science, and yet is entirely free from the ex-
tremes which are sometimes produced by the bias of party, or an
excessive zeal for reform. The framers were not so much desirous
that the plan should excite admiration for its boldness or novelty, as
that it should meet commendation for its usefulness, and its adapta-
tion to the interests and the wants of the people.
In pursuance of the provisions agreed upon, an election was
held for Governor and other officers in October, 1844. The Hon.
Charles C. Stratton was then elected Governor ; he continued in
omce until 1847, when Governor Haines, who had been the last
in office under the old Constitution, was elected under the new.
He is the present incumbent.
New Jersey has reason for grateful exultation. Her past
history is without a stain, and her present and prospective condi-
tion is almost all that any can desire. From the character of her
institutions and her other advantages, the people have come to be
possessed of the means of prosperity and happiness, to as full an
extent as they are held in any community, either in our own
country, or in the world.
APPENDIX
NOTE A, PAGE 390.
Records not in possession of the author at the time the subject
was adverted to in the work, have since been examined, which
show, that the movement in New Jersey, in support of the people
of Boston, was very general, and in many instances of a formal
character. In the county of Gloucester, committees were ap-
pointed in each of the townships, to receive donations " for the
relief of our suffering brethren in Boston," and a general treasurer
(Joseph Ellis,) was appointed, who was authorized to procure a
place to store the provisions that should be furnished • and the sum
of five hundred and thirty-four dollars in money, was at one time
ordered to be paid on account of subscriptions.
Communication in Woodbury Constitution, by Dr. Fithian.
NOTE B, PAGE 402.
From the source indicated in the foregoing note, the following
extracts have also been obtained, which exhibit in detail the action
of the people in the appointment of delegates to the first Provincial
Congress:
" At a meeting of the majority of the Committeeof Correspondence
for the county of Gloucester, on the 5th day of May, 1775 — present,
Samuel Harrison, Chairman; John Hinchman, John Cooper, John
Sparks, Joseph Ellis, Joseph Low, Isaac Mickle, Joseph Hugg.
"In consequence of intelligence received from the Committee of
Correspondence from New Brunswick, and at their request, the
committee above named have taken the same into consideration,
and do unanimously agree and think it our indispensable duty in
this alarming crisis, forthwith to request a meeting of the inhabi-
tants of this county, for the purpose of choosing members to meet
at the Provisional Congress, at Trenton, on the 23d day of this
instant, May.
"Ordered, That the Clerk get a number of notices immediately
printed, and disperse them throughout the county — that a person
be sent express to Eggharbour with part thereof, and alarm the
inhabitants of the consequence thereof, and the necessity of a
meeting. By order of Committee.
JOS. HUGG, Com. Clerk."
590 APPENDIX.
" Committee met pursuant to adjournment, on the 10th inst., at
the house of William Hugg — present, Samuel Harrison, John
Cooper, Joseph Ellis, John Sparks, Isaac Mickle, Doc. Vanleer,
Joseph Cooper, Peter Cheesman, Joseph Hugg.
" In Committee, Ordered, That every member of this committee
meet at the house of William Hugg, on the 13th instant, by 10
o'clock A. M., and that notice issue for that purpose — to which
time this Committee is adjourned. By order of Committee.
JOS. HUGG, Clerk."
" At a meeting of a very respectable number of the inhabitants
of this county, on the 18th day of May, Anno Domini 1775, pur-
suant to a notice from the Committee of Correspondence, for that
purpose :
" At said meeting the inhabitants taking into consideration the
intelligence communicated from the Committee of Correspondence
of New Brunswick, do unanimously
" Resolve, That it is highly necessary that there should be a
Provincial Congress held at the time and place appointed by the
said Committee; and do unanimously
" Resolve and agree, that seven persons be chosen for said ser-
vice, to represent this county.
"And accordingly Robert Friend Price, John Hinchman, Elijah
Clark, Esqrs., and Messrs. John Cooper, Joseph Ellis, John Sparks,
and Joseph Hugg were unanimously chosen, to continue for twelve
months, and any three or more attending said meeting, to be a
sufficient representation.
" Ordered, That the members attending from this county, do
use their endeavors when met in Congress, to confirm and re-
appoint the delegates appointed by the General Assembly of this
Province.
" Ordered, That the instructions drawn by Mr. Cooper, for said
Provincial Congress, be taken by the members of this county, to
said Congress, for their own guide — but not to be published.
" On the question being put, whether the Committee of Obser-
vation be authorized to carry into execution the resolves of the
Provincial Congress, and to perform such services as the emer-
gency of the case may require, it was resolved nem. con. By
order of the county. JOS. HUGG, Clerk.
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