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 19
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GOVERNMENT AFTER THE DUKE'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 Andross. But so soon as the outward restraint was removed, the latent evil existing within, began to be actively manifested. The early disaffection to the government had only been quieted, and a new occasion of dissatisfaction and complaint had also been given. 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.
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In October, 1681, the Assembly convened at Elizabethtown, 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 con- cessions, and that the change was contrary to express stipulations and grants, 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
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GOVERNMENT AFTER THE DUKE'S RELEASE.
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 alledged 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 men-
12 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.
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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."
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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 upon 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 :
" Whitehead, p. 81 and 193.
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207
SALE OF THE PROVINCE.
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 of the object in view. 7
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
"' 'They gave the sum of 3,400 pounds.
15 The original proprietors were William Penn, Robert West, Thomas Rud- yard, Samuel Groome, Thomas Hart, Richard Mew, Ambrose Riggs, John Hay wood, Hugh Hartshorne. 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, Gaweu 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.
" Some of the new proprietors were of Scotland and others of Ireland.
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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 Highness, 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, but they adopted measures for the main- tenance of government within the province. They proceeded at once to appoint a Governor, and their choice for this office fell upon Robert Barclay, of Urie, in 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 early convert to Quakerism, he had shown a sincere and earnest attachment to the principles and faith of his seet, as well as the highest ability in explaining and defending them. His good condition in the world, his acknowledged capacity, and more than these, the purity of his life, and his good name as a "Friend," all pointed him out as the person best fitted for the principal situa-
"" It is not easy to conceive what " claims and demands" his Royal Highness could have had upon the province, at this time. He had already made two con- veyances 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's 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.
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GOVERNMENT UNDER THE NEW PROPRIETORS.
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-
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" 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.
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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 foriner concessions were to continue in
" 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. Whitehead, p. 95.
" The Council were Lewis Morris, John Berry, John Palmer, William Sand- ford, Lawrence Andross and Benjamin Price.
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211
GOVERNMENT UNDER THE NEW PROPRIETORS.
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
" 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.
" 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 rice-comes. Blackstone.
25 After the dissolution of the Assembly by Governor Carteret, in 1681, 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.
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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 courts 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, Middletown, Shrewsbury, Woodbridge and Piscataway, each had charters giving them special privileges.
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GOVERNMENT UNDER THE NEW PROPRIETORS.
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.23
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
" 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.
" 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 accommodating them with lands, or others ut their desire, to our general prejudice."
Grunts and Concessions, p. 182.
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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.
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