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 24
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" They were Captain Isaac Kingsland, Andrew Bowne, John Inians, David Mudie, James Dundas, John Royce, Samuel Dennis, John Bishop, and Lewis . Morris.
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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
' The proprietors afterwards stated in a-petition; that upon the appointment 33
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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
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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.
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illiberality toward a neighboring province.$ 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
& 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.
' 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- 4 . juently given, calculated and designed to obstruct the trade of New Jersey.
Whitehead, p. 143.
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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, denying the rights of both East and West New Jersey to the privilege of ports, and enjoining upon Bellamont "to take care that the rights and privileges of New York be not in- fringed," and a proclamation was issued in accordance thereto.
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 directly concerned in the vessel or cargo.
u 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." Noweurk Records, in Whitehead, p. 146.
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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 revoit. 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 colonists, the remembrance of his character and acts. Andrew Bowne, the Deputy, had always been known as one of the prominent opponents of the proprietary government. But the authority obtained by the latter was too slight to be seriously opposed, or much respected, and a state of indifference succeeded the former excitement.
After the arrival of Governor Basse in England, the proprietors resolved upon the re-appointment of Governor 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 Hamikon 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
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character so tumultuous and violent, as to fix upon the period, the designation of " the time of the revolution."12 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
12 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.
" 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 Ist, 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
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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 then. 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. Mr. Royse asked me if I had the approbation as the act directs. I told him I was much surprised to 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 arc. 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 aeted 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-
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with all his prudence and firmness, had become nearly powerless. The proprietary body too, had become numerous, and were so divided in interests and aims, that their Councils, even at this period of danger, were uncertain and wavering, and their resolves but feebly pursued. Without an entire change, 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.
's Three several purchases were made, dated respectively the 30th of March, the 30th 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.
"" It is somewhat doubtful in what precise character the contracting parties at this time considered themselves as acting. The government in both provinces
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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 1th 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 mamer above said."
Woodbury Records, given by Michle, p. 41.
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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
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