USA > New Jersey > A civil and political history of New Jersey: embracing a compendious history of the state, from its early discover and settlement by Europeans, brought down to the present time > Part 14
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· 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 things must go according to your opinions, though we see no reason for, much less warrant from the conces- sions ; wherefore we think it vain to spend much time of returning answers by writing that are so exceeding dilatory, if not fruitless and endless, and therefore we think our way rather to break up our meeting, seeing the order of the concessions cannot be at- tended to."
The Governor and Council replied that "in answer to your last proposition, we desire you to appoint two of your deputies to consider with us in what point we act contrary to the concessions, it being too late to-night to entertain so long a debate, we will be ready to-morrow morning to give them a hearing, and if reason will satisfy you, we shall be very well pleased that you proceed according to the Lords Proprietors concessions, and the trust re- posed in you, if not you may do what you please, only we advise you to consider well of your resolutions before you break up."'s
"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 harni- 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.
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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 correet 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.
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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
·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
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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 measures 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 Dehowcare. 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- toent 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
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had 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 would countenance nothing which would derogate in the least from the grant he had for- merly made to the Proprietors of the province, and the Governor was further instructed to give aid and assistance to the proprietary authorities for the restoration of order and quiet. The "pretended . grants" from Colonel 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 authority. 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.
"" It was ordered that no more corporations should be established without the special order of the Lords Proprietors.
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A general declaration was made at the same time, directed to the people of the province; in which, 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 which case, but not otherwise, they should enjoy their tracts under the laws of the province. Instructions were also given to the Governor and Council directing that land should be purchased from the Indians in the name of the Lords Proprietors, and. that the expenses should be reimbursed by individual purchasers, at the same rate. The final payment of all quit-rents was deferred, being directed to be made in three years from 1673.
The several orders and documents that had been issued were received by Governor Berry, and were published in the province in May, 1673.
But Lord Berkely, one of the Proprietors who had become alarmed at the insubordination that had been shown, and dissatis- fied with the prospect of pecuniary advantage, had already dis- posed of his interest in the province .. He parted with the whole of his right and title on the 18th of March, 1673.
The course of conduct that was pursued by the settlers of New Jersey, or by that portion of them who were concerned in the disturbances that have been noticed, can in no wise be justified. The change that occurred at the establishment of the proprietary government may not have been fortunate for those who had already made purchases of land by the authority of Nicholls ; the conditions granted by him were liberal in many particulars. But, as already observed, he had no authority at the time to make any conditions whatever. The provisions of the proprietary government may not have been equally favorable, and in some respects they were not, but whatever they might be, they became binding upon all those persons who chose to remain in the province, and still 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
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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,
1 Bancroft. The remarks of this author however, in relation to this point were afterwards materially changed.
See Whitehead, p. 56.
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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-
' The Commanders were Benckes and Evertzen, the Captains were Colve, Boes and Van Tyle.
' Whitehead, p. 60.
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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
" 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.
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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
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