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 20
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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
"It is supposed that his former commission had not been for life .- Grants and Concessions, p. 166.
" 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.
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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
" The laws above mentioned were afterwards confirmed, excepting only a few particulars. Grants and Concessions, p. 279 and 2×1.
" 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. Whitehead, p. 100.
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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.
" 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.
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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 executive 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 m.an- ners, education and the arts, twelve for trade and the management of the public treasury; and twelve for the plantations and all controversies respecting them.
" But it was said that it was not intended that any under the notion of liberty
" shall allow themselves to avow atheism, irreligiousness, or to practice cursing, 28
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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 man who should declare that he could not in conscience bear arms, should be re- quired to do so, or to provide another in his stead, and on the 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 this scheme of government and the privileges it granted were only to be allowed to those who should become planters and inhabitants in the pro- vince, after the arrival of Governor Lawrie, and not to those before settled; nevertheless, they might be granted to the former 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 abusca."
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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. 7
* Grants and Concessions, p. 179.
"Beside the provisions relating to military affairs, (and these, though just, would only be acceptable to a part of the settlers,) the 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," bad 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.
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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 of land, 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 29th, 1683-4.
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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
" 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 satisfaction at their arrival in the province. At a subsequent period a publics-
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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 either 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.
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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.
" 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.
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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,
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