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 25
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18 The period of the appointment of this officer is not entirely determined, but it is believed to have been as above stated.
19 Gordon states that the Deputy was rejected by the Assembly, but at this time the Assembly was suspended; it did not meet until 1692.
" Hunloke appears to have continued in office after the sale, either by suf- ference, or by appointment from the West Jersey Society. In March, 1692, he presided in the courts of Gloucester, as Deputy Governor. His name also ap- pears as a presiding officer in these courts, and also with the title of Deputy Governor, in December, 1692, and in September, 1694, which periods were subsequent to the appointment and the arrival of Governor Hamilton. He has hence been represented by different authors, as holding the appointment of Deputy Governor as late as 1694, which could not possibly have been the case, unless by an appointment from Governor Hamilton, and there is nothing what- ever to favor the opinion that such an appointment was made by him. But in the records of the above court, it is stated at the later periods above mentioned. that Edward Hunloke, Deputy Governor, was present, and that a commission from the Governor, appointing Edward Hunloke. John Tatham and others. Justices of the Peace, was then read. Hence there is reason to believe that Hunloke appeared on these occasions, merely as a judicial officer, and that the title of Deputy Governor was only continued by courtesy. It is certain that at a still later period he was appointed one of the provincial judges.
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Society assumed political power in the province. They set forth that "the hereditary government of the province of West New Jersey, in America, which by due and legal right was vested in Daniel Coxe, Esq., by conveyance duly executed, hath been by him assigned and transferred to us." In pursuance of this claim the society appointed a committee consisting of ten persons, to whom authority was given to nominate and appoint a Deputy Governor for the "well ordering and governing the province."21 On the 11th of April, 1692, the committee appointed Andrew Hamilton to be Governor, and issued their commission to him as such.22 He was to continue in office for one year, and until a successor should be appointed. Hamilton arrived in the latter part of the same year, and entered at once upon office. The character for prudence and moderation which the present incum- bent had gained in the neighboring province, together with the obvious disadvantage of a continuance in the unsettled condition existing at the time, may be supposed to have influenced the people to acquiescence in the appointment, and to submit to the authority of Hamilton. On the 3d of November, 1692, the General Assem- bly was convened, and legislation was again resumed, being carried on in the name of "the Governor, Council, and Representatives of the province."23 At this session several important enactments were made. The past proceedings of the people in relation to the establishment of county divisions, were recognized and confirmed, only, that some alteration of limits was made. The boundary between the counties of Burlington and Gloucester was laid down . anew, which it was said, was to remain "fixed, and recorded, firm, and inviolable, from henceforth and forever." This "in-
" The committee were Thomas Lane, Robert Hackshaw, James St. John, Daniel Coxe, John Jurin, Edmund Harrison, John Bridges, Mord. Abbott, William Wrightman, and Robert Michel.
Book B of Deeds in the office of the Secretary of State, Trenton, p. 287.
n Nearly at the same time Hamilton was appointed Governor of East Jersey, his commission to that office being given on the 25th of March, in the same year.
" From some references in the proceedings of the Assembly, it would appear that a sitting had been held in May, preceding, but no further record thereof exists.
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violable" boundary, however, was wholly removed at the next sitting of the Assembly, by the entire repeal of the act. A new county was also established. Cape May "being a place well situated for trade, and settled by a considerable number of fami- lies," was erected into a county, to be called the county of- Cape May. Courts for the trial of small causes were to be held in the new division; but higher cases were to be heard in the Sessions, in Salem. At the next meeting of the Legislature, Cape May was more fully admitted to the dignities and privileges of a county, by the institution of county courts within its limits, but the juris- diction of these courts was limited to the trial of civil actions un- der the sum of twenty pounds ; at a subsequent period, however, (1697,) this restriction was also removed. An enactment was passed for raising money by an assessment upon persons, for dis- charging public debts, and for paying the Governor.24 The sum of two shillings was to be levied upon every person resident in the province, who was sixteen years old and upward. New provisions were made in relation to the sessions of the General Assembly; it was directed that thenceforward, instead of two yearly sessions, one, only, should be held, unless there should be an "immergent occa- sion" when the Governor and Council might order a meeting. In 1694, further regulations were made for determing the boundaries of the several counties.25 In consequence of the establishment of these
2 It was said that they were "desirous to present our Governor with one hundred pounds."
" The two distinctions or divisions formerly called the first and second tenths, were laid into one county, named, and to be called the county of Burlington, to extend from the River Derwent, formerly called Sunpink, on the north, to the River Crapwell, formerly called Pensawkin, on the south. All persons above the Sunpink were placed under the jurisdiction of Burlington, until the further orders of the Assembly. The two divisions heretofore called the third and fourth tenths were laid into a county to be called the county of Gloucester, to extend from the River Crapwell or Pensawkin, on the north, to the River Berkely, formerly called Oldman's Creek, on the south. The country formerly included within the jurisdiction of Salem Court, was declared a county, to be named the county of Salem, to extend from the River Berkely on the north, to the River Tweed, formerly called Back Creek, on the south. Cape May was to extend from a line across the province formed by the Prince Maurice River on the one side, and the middlemost great river that runs into the Bay of Great Harbor.
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divisions, other provisions became necessary for the election of Representatives to the General Assembly. Hitherto they had been elected in the several tenths, henceforward they were to be chosen in the counties. The times and places for holding the county elections were prescribed, and also the number of Repre- sentatives to be chosen in each. Burlington was to have twenty, Gloucester twenty, Salem ten, and Cape May five. The electors were to be the freeholders within the respective counties, but no other qualifications were required in the case of the Representa- tives, except that they should be "good and sufficient men."26 Authority was given by enactment to raise money for county pur- poses; the levy was to be ordered by the Justices of the county . courts, or a quorum of them, with the assistance of the Grand Jury, at their respective Courts of Quarter Sessions.27 All the officers of the county, however, as had formerly been the case in the tenths, were to be appointed by the Legislature, including the Justices, Clerk and Recorder, Attorney, Sheriff, and Coroner; and the fees of these several officers were fully prescribed. By an enactment made in 1696, provision was made for the permanent support of the government by assessments upon real and personal property. In carrying out the object, warrants were to be issued by the County Courts to the Constable of each precinct, who should warn and require the inhabitants within their respective precincts, to meet on a certain appointed day, and choose Asses- sors and Collectors of taxes, and also to render an account of pro- perty. The rates of assessment were determined by law. The several Collectors were to pay in the amount received by them, to the Provincial Treasurer; and the whole was required to be paid in current silver money. Out of the amount thus collected, the sum of two hundred pounds was to be paid to the Governor,
on the other side, and then along a line by the ocean, and the Bay of Delaware. The people settled on Egg Harbor, out of the limits above mentioned, were to be included in Gloucester, by which provision the jurisdiction of the latter county was extended from the Delaware to the ocean. The territorial extent of the counties in an eastern direction was not laid down.
" By a subsequent enactment they were required to be "frecholders."
" In Gloucester, under its independent organization, taxes were levied by the Grand Jury alone, and this power was exercised with a good degree of freedom.
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and the remainder to be and continue in the hands of the Treasurer, at the disposal of the Assembly. By a subsequent enactment, the course of procedure above mentioned was changed; the inhabitants in some of the precincts neglecting or refusing to elect the officers, and the officers when chosen, neglecting or refusing to perform the duties assigned to them, the Assessors and Collectors were appointed by the Assembly.
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. The religious opinions and views prevailing in the province were indicated by an enactment of the same year. "Some per- sons, out of a principle of conscience, not having freedom to take oaths," it was enacted, that they should not on that ac- count be disabled or incapacitated from holding any office within the province, or be excluded from any right or privilege, he or they signing the declaration of fidelity, and profession of the christian faith.28
A good degree of order and harmony was now established in the province. Governor Hamilton conducted himself in the office committed to him, in such a manner as to conciliate the people ; in some respects his appointment proved to be a wise and fortunate measure. It tended however, to involve the province, in some degree, in the difficulties which occurred in the neighboring pro- vince. In the history of East Jersey, the removal of Hamilton from office by the proprietors, in 1697, with the reasons that led to that step, were noticed at length. The proprietary authorities in West Jersey appear to have acquiesced, and perhaps directly
28 The declaration was as follows :- "I do sincerely promise and solemnly declare, that I will be true and faithful to William, King of England, and the government of this province of West New Jersey, and I do solemnly profess and declare, that I do from my heart abhor, detest and renounce as impious and heretical that damnable doctrine and position that princes ex-communicated, or deprived by the Pope, or any authority of the See of Rome may be deprived or murdered by their subjects or any other whatsoever. And I also declare, that no foreign prince, person, prelate, state or potentate hath, or ought to have any power, jurisdiction, superiority, preeminence or authority, ecclesiastical or spiritual, with this province." The profession of faith was, "I profess faith in God the Father and in Jesus Christ his Eternal Son the true God, and in the Holy Spirit one God blessed for ever more, and do acknowledge the Holy Scriptures of the Old and New Testament to be given by divine inspiration.
Grants and Concessions, p. 549.
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participated in that procedure, and hence the office of Governor was vacated at once in both of the provinces.29
Jeremiah Basse, the successor of Hamilton, was appointed by the concurrent action of the proprietary bodies in the eastern and western provinces, and he entered upon office in both, nearly at the same time. But in the latter province, his administration, though by no means popular, was far less disturbed than in the former. No actual or open resistance to his authority was made. The objection made against him in East Jersey on account of the want of the necessary confirmation of his commission by the pro- prietary body, did not apply in the other province. The lack of Royal approbation was not strenuously urged, being apparently regarded, rather as a formal, than as an essential defect, and as no occasion for the active interference of the Deputy in the affairs of the province occurred, there was at least a negative acquiescence in his rule. But the fact that no meeting of the Assembly took place during the period of his continuance in office, may perhaps be considered as evidence that there was but little cordiality and confidence between him and the people. It is also stated that manifestations of want of respect were frequently exhibited on occasions of his presence in the courts; that officers and jurors could scarcely be procured, and that the courts did little more than meet and adjourn.30
At the departure of Governor Basse for England, in consequence of the disturbances which had occurred in East Jersey, Andrew Bowne was left in office as Deputy, but if the authority of this officer was designed to extend, and did extend to the western province, it was so slightly exercised, or so little regarded, that no trace of its operation is known to exist. The re-appointment of Andrew Hamilton in 1699, brought him again into West Jersey, the proprietary or governing body of that province, agreeing and acting in the measure.31 The Governor was well received and
29 In a joint representation afterwards made by a number of the proprietors of East and West Jersey, the removal of Hamilton is referred to, as the act of the proprietors of both provinces. Grunts and Concessions, p. 592.
3 Barber and Howe, p. 208.
" The West Jersey Society were the actors in these proceedings.
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the Assembly continued to hold regular sittings; no interruption occurred in the transaction of business, or in the appearance of harmony between the different branches of government. The salary of the Governor was raised to three hundred pounds, which was to be presented and given to him "in token of our good will and affection toward him." The "decency and order" of the people of the province were appreciated by Governor Hamilton, and were considered by him as forming a "good example" for the authorities and inhabitants of East Jersey, where the condi- tion of affairs was extremely different. But this state of quietness was, not long continued. The want of the approbation of the King to Hamilton's commission, afforded a cause or a pretence for opposition, which in East Jersey arose to such a height as to threaten the subversion of the government. And some of the in- habitants in that province, as has been seen, petitioned the King that he would be pleased to appoint a person who was qualified according to law, to be Governor.
The proprietors, threatened on the one hand by a trial at law conducted under Royal authority, and alarmed on the other, by the disturbances in the province, were meditating a surrender of the government.33 In West Jersey, if the same difficulties did not exist at the time, owing to the absence of some of the causes which operated in the other province, there was yet but little assurance for the future. There also the right of the proprietors to the government was to be contested by his Majesty, and it might also be brought into question, as it had formerly been, by the people of the province. Hence the holders of authority here were likewise disposed, if satisfactory conditions could be made, to yield up the government." But in the interval exertions were used to remove the existing grounds of complaint. A joint petition from the proprietors of both provinces was presented to the Lords Chief Justices of England. The petitioners set forth that they had been legally entitled to the government of these provinces and in the exercise thereof, had appointed Governors there, and among others had given a commission to Colonel Andrew Hamil- ton, who had administered the government to general satisfaction ; ,
. " Note in Whitehead, p. 225.
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but as some doubt had arisen whether a native of Scotland could properly serve, according to an act of Parliament, applying to Provincial Governors, they had, to remove all cause or colour of offence, removed the said Hamilton from office, and had appointed one Jeremiah Basse in his place. But as the latter had not such full confirmation of his powers, as was thought necessary, and being informed that the former Governor, Hamilton, was not dis- qualified on account of his being a native of Scotland, they again appointed him to office. But then, upon applying for a con- firmation they had learned that their right to the government was to be controverted, and that the approbation of the King could not be obtained, but that the Lords of trade and plantations were of opinion that a commission might be given, and that the Governor might safely act in the interim ; and he had accordingly gone to the province and re-assumed the government. But some turbulent persons impatient of any government, had opposed the Governor's administration because his commission had not been approved according to the letter of the act, and that the public peace was violated and public justice obstructed. The petitioners declared that they were ready to surrender all their rights of go- vernment to his Majesty upon such terms and conditions as would secure their properties and civil interests, but besought, that until such forms could be agreed upon, for the preservation of order and quiet in the provinces, Colonel Hamilton might be confirmed in office as Governor. The prayer of the petitioners was not successful, no concession in regard to the Governor was obtained.
It would appear from the above petition that the proprietors in both provinces were fully disposed to surrender the government, provided the terms could be satisfactorily adjusted, and this was the matter to which attention was now particularly turned. In their first proposal it was asked by the proprietary body of East Jersey that their rights to the lands and soil of the province should be secured ; that Perth Amboy should be established as a port. not subject to any other, but paying the same or like customs as were payable in New York; to have free liberty to trade with the natives or other people of America, without interruption ; and to have the exclusive right of purchasing lands from the Indians. They also asked that the regular administration of justice might 35
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be continued in the province, so that the people might not be taken, or be obliged to attend elsewhere; that the divisions of the province into counties should remain as before, and that the in- habitants should not be deprived of any of their civil and religious - privileges and rights. The Lords of trade and plantations ex- pressed a willingness to accede to some of the conditions proposed, but decidedly objected to others.33 A modification of some of the terms was proposed which might render them less objectionable, but a principal one, that which related to the establishment of ports, was virtually rejected: it was said that his Majesty might accede to it with certain "reasonable conditions," but that it would be improper for his Majesty to oblige himself to a compliance therewith.34 This was deemed by the proprietors to be an impor- tant point, and in a second communication they stated, that. they ' were surprised at the dubious answer of their Lordships concerning the establishment of a port at Perth Amboy; that they had sup- posed that the principal objection to the allowance of a port in East Jersey arose from the non-payment of customs there, and the detriment done thereby to New York, which objection it was thought would be removed by the offer to pay the same customs as were payable at New York; and they considered themselves to be equally entitled to his Majesty's favor and protection, and to the enjoyment of privileges in trade as others. They also stated, that the obtaining a port to be continued forever was their main inducement to consent to a surrender of their government; that this was the only thing which could make the province of any value to the proprietors, or give them hopes of re-imbursing their purchase money and other expenses, and that if this privilege could not be allowed, the proprietors could not be accessary to their own ruin by a voluntary surrender; but must endeavour to vindicate their rights in a legal manner. But they mentioned that if the condition in respect to a port should be granted, little diffi- . culty would be made in adjusting the other particulars. It is not easy to perceive what were the reasons of the opposition to this
" "The Lords Commissioners of Trade and Plantations," were a board estab- lished by King William soon after his accession, for directing the affairs of the colonies.
" Grants and Concessions, p. 591.
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particular demand of the proprietors; upon the conditions pro- posed, the grant could not have operated to the lessening of liis. Majesty's revenues. But the interest of New York, which might have been affected by the establishment of a port upon any con- ditions, in East Jersey, may possibly have still been urged as of superior importance. Ilis Majesty had been willing to favor New York at the expense of the neighboring province, and had given instructions which tended to such a result. A trial too was then pending, conducted as between the authorities of New Jersey and New York, in which the privileges of the former in regard to ports were in issue.35 These privileges were afterwards confirmed, but with little benefit to the gaining party: the decision substan- tiated the claims of New Jersey under its own government; but it did not delay, indeed it may only have hastened, the move- ment which was directed by his Majesty's order, against the government itself. This, the proprietors probably perceived, and hence their inclinations respecting a surrender of the government upon suitable terms were not changed by the decision. A new memorial from the proprietors of East and West New Jersey was soon afterward prepared. They now set forth that though they were advised that their rights to ports and their administra- tion of government in their respective provinces was fully asserted in the late trial in the Court of King's Bench, yet they were still prepared and were desirous to surrender the right of government; in hope and confidence that as his Majesty's Royal wisdom had prompted him to resume the proprietary governments into his own hands, his justice and goodness would incline him to grant all
. reasonable privileges and rights. They proposed and prayed that his Majesty would confirm their lands and quit-rents; the sole power of purchasing lands from the Indians; liberty of trading with the Indians as was enjoyed in other provinces ; that the Port of Perth Amboy, in East Jersey, and the ports of Burlington and Cohansie, in West Jersey, might be established forever, so that no ships bound to those places, should be obliged to enter
33 The suit arose out of occurrences which took place when Basse was Gover- nor of East Jersey, and Lord Bellamont of New York, and the suit was nomi- nally between them. The particular cause was the seizure of the vessel by the Governor of New York, which has heretofore been noticed.
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elsewhere, and that East and West New Jersey might be erected into one distinct government, and have one General Assembly. They proposed that the General Assembly should consist of thirty- six Representatives, to be chosen, two by the inhabitants, house- holders of the city or town of Perth Amboy, in East Jersey; two by the inhabitants, householders of the city or town of Burlington, in West Jersey; sixteen by the freeholders of East Jersey, and sixteen by the freeholders of West Jersey; but that no person should be capable of being elected a Representative who should not have one thousand acres of land in his own right within the province for which he was chosen, and no freeholder be capable of electing who should not have one hundred acres of land. They asked that no appeals to the King should lie, in personal actions, in cases of less than two hundred pounds ; that all Protestants should be exempt from all personal laws relating to religion; and that the proprietors might be allowed to nominate the first Gover- nor.36 Following upon .this memorial was a representation from the Lords of trade, to their Excellencies the Lords Justices. In this, a recital was given of the several grants upon which the titles and claims of the proprietors were founded, and also of the diffi- culties and differences that had occurred in the provinces. Their Lordships doubted whether any sufficient form of government had ever been settled, and that the "pretended right" to govern had been surrendered to his late Majesty King James, by the pro- prietors of East Jersey,37 in the year 1688. But that since his present Majesty's accession, the proprietors of both East and West Jersey had continued to challenge the same right as before, and that several Governors had been appointed under their au- thority. But that the people of East Jersey in a late petition to his Majesty, had complained of several grievances, and of the neglect and mismanagement of the proprietors; and that it ap- peared from divers representations, that the provinces were in a state of confusion and anarchy. That the proprietors themselves, or a number of them, sensible of the necessity of his Majesty's authority, had presented memorials, in which, though the memo-
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