USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 10
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Quae. Whether by the Stat. 12 Ch. 2ª Ch: 24 all the
111
INSTRUCTIONS TO THOMAS GORDON.
1695]
pleadings upon the Stat. of Quid Emptores be not out of doers since by that Stat. all terms for the future are to be in free & common Soccage. And yet the rents are by that Statute reserved to chief & Mean Lords & the distresses incident thereunto. & if the proprs be either chief or Mean Lords why have they not a right of distress.
Quae: if the assent of the whol Countrey to the government of the prop's & at one time or other most of them have payed some part of their quit rent, if that is not a sufficient seisin of the rent of the whole province.
Quae Whether ejectment can be barr'd by 20 years possession (as pleaded in the case of Jeff Jones1) by the 21 of Jas. 1 unles it be a varium Domicilium which cannot be in his case the prop's having the Dukes title to the land before his occupancie
That unles the prop's remove the blemish (?) of the port of Amboy either by bringing Mr Brook to a tryall or by some order of King & Council (but the first is the way that will secure it in all times to come.) The prop"s land in the province will be quite unvalua- ble, & its a chief objection the people makes for not paying their Quit rents. And when the port is releaved the only thing that will make it public or make it beleeved is for the proprs to send over a small vessel with European goods. They will turn to as good an account at Amboy as at York & would encouradge several to set up & trade from here. Upon terms the Inhabitants will consent by act of Assembly to Establish a lasting fund for the support of a gov- ernment? (whom the proprietors shall from time to
1 This was the interesting case of "Fullarton vs. Jeffry Jones," which was decided adversely to Fullarton (representing the Proprietors), "the Jury being all planters." The case is adverted to in "Elizabethtown Bill in Chancery," pp. 44, 120, 124, and in " Answer" thereto, pp. 29-31.
2 Originally written " the government."-ED.
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NEW JERSEY COLONIAL DOCUMENTS. [1695
time appoint) such as the proprietors now allow, and that they will relieve the proprietors of the Charge of public writings such as Commissions civil & Military proclamations &c And that the prop's land befor setling shall not be Taxed as is provided by the Con- cessions. Then we offer it to the proprs as our opinion that they sell of the quit rents sinse it breeds so great heart burning amonst the Inhabitants and that instruc- tions be sent over to the Council of proprietors to that end. viz for how many years purchase they will sell the Quit rents, for that being known to the people, &, if they like the terms, it will the more readily incline them to comply with what is demanded in this para- graph But the proprs. must not set it high or it will discourage them. Twenty years the highest & a power to the Council of proprs even to abate something of occasion as they will raise it if they can.
It is to be remembered when the people do find that by law they can be forced to pay their quit rents they will the more readely buy them off.
If the Inhabitants will not | provide for the support of the Government |' 'Then the prop"s are not to blame not to sell the Quit rents. And if by Law they can force the people to pay their Quit rent then they may keep the governt while they think its their interest so to do. And if the people prove obstinat in refuseing to support the government & defraying the public charge We are of opinion that the prop's thro it up, upon the best terms with the Crown as they can.
As on the other part When the prop's have releaved the port of the Countrey Support the govermt we are of opinion its a right the people may claim that the proprietors keep the governmt & defend it-
To guard that no misrepresentation be made against the Jerseys as not Joining in the Common defense and
1 Words between bars originally written " comply with this last paragraph."-ED.
113
1695] GOVERNOR HAMILTON TO GOVERNOR FLETCHER.
to give the influences of Our supplys of men & money & to carry(?) over the governour of New Yorks speech upon his first goeing to Philadelphia where he liberally owns it.1
Signed at a Councel of Proprietors at Perth Amboy this eleventh day of November 1695
AND: HAMILTON DANIEL MOODY
GEO: WILLOCKS
JOHN BARCLAY
THO: BOOLS JOHN REID
Signed by me ye 19 Nbr THO: WARNE.
Governor Hamilton of East Jersey, to Governor Fletcher of New York.
[From New York Col. Docts , Vol. IV., p. 199.1
May it please yor Excell.
I have formerly acquainted yor Excell that I had set some young men who had been formerly to Albany to invite others; they now inform me that Captain Mat- thews is soe much in their good graces that if he come down he is the likelyest man to prevail. I would have him first finde out Matthew Moore of Woodbridge who was of his Company. He knows the temper of the young men and can the best assist. They must
1 Here follows in the original a paragraph erased, which is as follows:
" We recommend to the proprietors that the Secretaries office is an office of great trust & small profits how that most of the land of the province is patented & that the public writings do amount one year with another to 50 lb a year That therefore either the proprietors would conferr this office upon Mr Thomas Gordon who is qualified for it & undertakes to write all the public writings gratis which hitherto has cost the proprs 50 or 60 lb a year Or that Mr. Dockwra will please to provide a qualified person to execute sd office upon the Conditions."-ED.
9
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NEW JERSEY COLONIAL DOCUMENTS. [1696
be soothed into it; for asserting the power of the Com- mission will make them all run the Province. I am really ashamed grieved they are so awkward:' they still object the exemption or noncomplyance of the neighboring Colonies, nor will this ever be remedyed unlesse the support of the frontiers reaches all North America; as it is the remoter Colonies are soe many asylums. I am with true regard: may it please yo" Excell.
Yo' Excell most faithfull & most
Burlington 26th June (96)
obedient servant
Copia vera AND: HAMILTON
(Signed) DAVID JAMISON2 Cl. Concilij.
1 Qu: backward .- ED.
2 DAVID JAMISON was a Scotchman by birth and is first named as Clerk of the Council of New York in 1693. having a salary of £50 per annum. This was during the administration of Governor Fletcher, who is said to have entertained a high opinion of him. His successor, Lord Bellamont, however, displaced Mr. Jamison
Da Samifont
on September 28th, 1698, and in a letter to the Lords of Trade announces as a fact that he at one time was condemned to be hung in Scotland, for blasphemy and burning the Bible, his sentence having been commuted into transportation to New York, and to being sold as a servant. The Governor also accused him of being an Atheist and of having two wives. Several years thereafter, however, in 1716, in a charge to the Grand Jury of Burlington County, Jamison introduced so many per- tinent extracts from the Old and New Testaments that he was thought to be as much of a theologian as a lawyer. Notwithstanding Lord Bellamont's dislike to him, he found it a difficult matter to supply Mr. Jamison's place, and he was re- stored to his office for a while. In 1699 he was one of the Vestry of Trinity Church, and ir. 1704 was appointed by Cornbury one of a Commission to examine Lord Bellamont's accounts. He appears to have been recognized as an able lawyer, and in 1711 was appointed by Governor Hunter Chief Justice of New Jersey, although he continued a resident of New York, and held the office during the whole of Hunter's administration, being considered by him "a man of knowledge and integrity." Iu 1715 he was recommended by the Governor for the Council of New York, which led the Lords of Trade to communicate to the Governor the " consid- erable complaints" that had been made against him by Bellamont. Although he did not receive the appointment, he held the office of Attorney General of New York for some years and gave place in 1721 to James Alexander .- N. Y. Colonial Documents. Field's Provincial Courts .- ED.
115
GOVERNOR HAMILTON TO GOVERNOR FLETCHER.
1696]
Governor Hamilton of East Jersey, to Governor Fletcher of New York.
[From New York Coll. Docts., Vol. IV., p. 200.]
May it please yo! Excell :
Could I make our people as sensible of the hazard Albany lyes under, as I am, and that the weaknesse of that garrison, which they cannot be ignorant [of] may in great probability tempt the enemy to attack the place, as they have Pemaquid, upon the same grounds, I am sure they would find it their interest to run to its defence: but whom have I to work upon but a stiff and an obstinate people who shutt their ears to all reason and become debauched by the ill example of the neighbouring Colonies which they still obtrude to me
Yo' Excell may believe 'twas with great difficulty I obtained what I did, that in case of an invasion they should march to the fronteers and be at liberty to return when the acc'on was over or the enemy retreated; and even to obtain this I was forced to promise them 12ª a day from Yo' Excell. and pledged my own creditt to procure them 12ª more at the first sitting of an Assembly, they live so plentifully at home and have so great wages besides severall of our youth gone to the Southern Colonies to be free from detachments, and several as I am told gone aboard Captain Kidd. that there is not a possibility to prevail with them to continue in garrison, and indeed very difficult to effect any thing
I am truly melancholly to see ourselves thus baffled by a handfull of French nor will it ever be otherwise untill the Crowne send a force to root them out of America or put an indisputable command upon every
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NEW JERSEY COLONIAL DOCUMENTS. [1696
Colony to furnish a Quota and pay them; for while it rests in the brests of our Assemblyes to raise a fund for the support of the fronteers or neglect it, and in the choice of the people to march or stay at home, Yor Excell. is not to be told at this time of day what part they'le choose.
I will notwithstanding call an Assembly in Octob" next and will inforce the necessity of the fronteers with all the zeal I am sensible they require. I am
May it pleas Yor Excell. Yor Excies most faithful and most
Burlington 28 Aug. 96 obedient servant AND: HAMILTON
To his Excell. Col. Benjamin Fletcher, Capt Gen11 & Govern' of New Yorke, these.
Copia vera (signed) DAVID JAMISON CI. Concilij.
Memorial of Edward Randolph, Secretary, &c., to the Commissioners of His Majesty's Customs, on Il. legal Trade in the Proprieties.
[From P. R. O., B. T .; Proprieties, Vol. 3, A 6.]
TO THE HONBLE THE COMES OF HIS MAJESTY'S CUSTOMS. May it please Your Hon"
Your Hon's were pleas'd in your presentment of the 17th of July past, to the Right Honble the Lords Com"s of his Maties Treasury to represent, That it hath bin found by Experience, either thro' Remissness or Con- nivance of the Gov's of the Severall Colonies & plan- tac'ons, which are under distinct proprietys, The Acts of Trade & Navigac'on, & Your Hon"! Orders & In- strucc'ons in pursuance thereof, have not bin Observd,
117
EDWARD RANDOLPH ON ILLEGAL TRADING.
1696]
as in other Colonies and plantac'ons, which are under Gov" Nominated & Appointed by his Ma'tys immediate Commission, & did therefore humbly Move their Lord- ships, That the respective Gov's of the Sª Proprieties, may be persons of good Estate & Reputac'on, & otherwise duly qualifyd for the discharge of their Trusts, being by a Claus in the afores'd Act for preventing ffrauds & regulating Abuses in the Plantac'on Trade to be Al- lowd & Approvd by his Ma'ty, his Heirs & Success's & Obliged to take the Oaths Enjoynd by That, or by any Other Act, to be taken by the Gov's or Command's in Chiefe, in Other his Ma'tys Colonies & plantac'ons, before their Entrance into their respective Govern- ments under the like penalties, which his Ma'tys Gov's & Command's in Chief, are by the Sª Acts lyable too.
Notwithstanding the Owners of the proprieties upon the Continent of America & Islands Adjacent, take no Notice thereof, but Omit to Nominate fitt persons, to be Allowd & Approvd by his Mat'y in Councill before their Entrance on their respective Governmts from whence it follows, That, whilst the principles Omit their Obligac'ons at home, it cannot be expected, Their Deputies will doe their Duties in the plantac'ons, So that allth'o pursuant to the Sd Act, The Officers of the Customs, The Judges & other Officers in the Courts of Admiralty, The Attorneys Gen! & the Comissions under the Great Seale, for Administring the Oaths to the respective Gov's in the S' Colonies & Plantac'ons, are Appointed and prepard ready for dispatch, never- theless, the Gov's & other publick Ministers in the proprieties, are continued in their Offices & places & no care taken, to Appoint others in their Stead, tho they Maintain & Support the illegall Traders as much as ever: It cannot therefore be expected, that the frauds & Abuses in the plantac'on Trade, So long practis'd & So often Complaind of, can be prevented until persons of Good Estates & Reputac'on, & Other-
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NEW JERSEY COLONIAL DOCUMENTS. [1696
wise duly qualified for the discharge of their Trusts, be first Allowd & Approvd by his Ma'ty &c: to be the Gov's of those proprieties, according to the Sd Act, otherwise it is to no purpose, nor will it countervaile the Charge, to send over officers & Maintain them, to put the Acts of Trade in Execuc'on, in Virginia & other places, under his Ma'tys immediate Authority, So long as the Governours, for the Proprietors, take upon them, a power to dispence with the open Breach of the Acts of Trade, & thereby keep their ports open to illegall Traders, whilst others are barrd up by oaths & Strict penalties, which must needs Occasion the dreining & Soon depopulating his Ma'tys Own planta- c'ons, by the peoples Enjoying an Extraordinary liberty, in a Gen !! Trade & Constant benefit, by Pyrates & the Scotch Trade in the proprieties and private Charters.
The Cheife end of Granting those Vast Tracts of Land (now called proprietys) to Noble Men & Others, was doubtless to Encourage the first Undertakers, to plant and Improve them, for the Benefit of the Crown, & to be always Subject & depending on England, & Conformable to the Laws thereof. Great Numbers of people, are now Seated in Some of these proprieties, but have bin long Endeavoring to breake loos & set up for themselves, having no Sort of Regard to the Acts of Trade & discountenancing Appeales from their Courts, to his Ma'ty in Councill. The persons Ap- pointed by the proprietors, to be their Gov's are generally Men, of very indifferent qualificac'ons for parts & Estates: Their Maintainance, is Inconsiderable, which renders their Govern's Precarious also. They have power only (like Civill Magistrates, in petty Corporac'ons ir England) to Make, Municipall Laws, with consent of the people, for their quiet & peaceable Government, But are indeed Stewards only & over- seers, accountable & allways lyable, to be turned out
119
EDWARD RANDOLPH ON ILLEGAL TRADING.
1696]
at the pleasure of those who imploy them: So that it cannot be presumd, That Gov's made by the proprie- tors, only as Such are impowered or in any wise concernd to put in Execucon, the Acts of Trade in their Governments, But on the Contrary.
I am humbly of Opynion that twill be Judgd a high Misdemenour, in any of them to attempt it, untill they are first qualified as by the Sª Act for preventing ffrauds, is directed: the proprietors themselves have no Such power, nor can have Granted them by their Patents.
I humbly lay before your Hon's an Acct of the present Gov's of the proprieties, & of their Qualifi- cac'ons, in Relation to the Acts of Trade
BAHAMA ISLANDS: m" Nicholas Trott is the present Gov! these Islands have been & still are, a common retreat for pyrates & illegall Traders: Cadwallader Jones, the late Gov' under pretence of A power to make all Officers, Made One Boulton, Collector of the Customs: he Enterd & Cleerd Vessels, according as the Gov! & he pleasd. In the year 1693: Thomas Carter Master of the Ship Bridge Town of Barbados, richly laden from Jamaica to London, run the ship willfully aground upon the Islands; the Master & Saylors divided the Money & the best of her loading, the Gov! made his Advantage by it; all Appeales lye from their Courts, to the Lords-proprietors in England.
CAROLINA: m. John Archdale, a Quaker, is deputed Gov! by the Lords proprietors (as I am informed) during his Sons Minority, who is one of the Lords proprietors; the chiefe Town for Trade, is Charles Town, free to all, from all places. They trade to Car- asaw from whence the Manufacture of Holland is brought to Charles Town, & carryd by New England men & other illegall Traders, to Pensilvania Boston &c: Returns are made for them in plantac'on Com-
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NEW JERSEY COLONIAL DOCUMENTS. [1696
modities, which are carryd from Carolina to Carasaw & thence to Holland. About 3 years agoe 70 Pyrates, having run away with a Vessell from Jamaica, came to Charles Town, bringing with them a Vast quantity of Gold from the Red Sea; they were Enter- tained & had liberty to stay or goe to any other place: the Vessel was Seizd by the Gov" for the proprietors as a Wreck & Sold they have no regard to the Acts of Trade. The present Gov" is a favourer of the illegall Trade, having given his permit to the Mas" of a ffarraigne Vessel to trade takeing no Notice of m! Guerard, Appointed the Collector by your Hon's Deputac'on as by a Copy of the Gov's permi, Ni. appears; all appeales are likewise from the Courts in this province, to the Lords proprietors in England.
NORTH CAROLINA, has 60 or 70 Scatterd families, but under no regular Governm! One Jarvis was appointed the Gov" by Coll Ludwell then Gov! of all Carolina, he had no Sallery. The Inlet of Currituck, lies con- veniently, for carrying away the Tob! made in the Southern parts of Virginia: The Inlett of Roanoake, is frequented, with Small Vessels Trading to & from the West India Islands. Pyrates & runaway Servants, resort to this place from Virginia &c.
PENNSILVANIA, m" W"! Markham is the present Gov! Sam" Carpenter & Jo" Goodson (both Quakers) were Joind in the Government with him, but they refused to Act. The Acts of Trade, (what ever they pretend) are not Observed here: 'A plain discovery has bin made of Nine Vessells, loaden with Tob: which have from the rear 1690: to the year 95; gone directly from this province to Scotland (besides Gustavus Hamilton the chiefe ffactor for the Scotch Merchtts) who last year carryed out of Delaware, 300 hhds of Tob: without Cleering, as allso, other Vessells from the Same place,
1 Tobacco.
121
1696]
EDWARD RANDOLPH ON ILLEGAL TRADING.
went with tob: to Scotland, as Appears by letters from your Hon's Agent in that Kingdome. The Brigantine W !! & Mary (calld the New Castle Brigantine) when in August 1694, Shee Cleerd out from Pensilvania for England) W. Righton mas" & Maurice Trent a Scotch- man, An Old transgressor Merchant (One of her Owners lives in London) imported into Pensilvania a great quantity of Scotch Goods, and was Admitted to an Entry in the year 1695: By the Collector in Pen- silvania: She was afterwards Seizd in West Jersey by Cap" Meech, Appointed by Coll: Nicholson, pursuant to her late Sacred Ma'tys Order in Councill, of the 9th of August 1694: He Seizd allso, another Vessell, called the Mill Everett Johnson Mas" from Some port in Norway (as Ime informed) loaden with Wine & European Goods, having no Cleering, from any port in England. The mas" confessd himself to be a Dutch man as appears by Cap" Meeches Journall Nº her Tryall was put of, the Mas" being gone to New Yorke, & afterwards Suspended, till further Orders from England. The Gov" Entertains Severall pyrates, from the Red & South Seas, who carry on an illegall Trade to Carasaw, & other prohibited places; It appears by a Copy of m. Markhams letter to me Ni. that he has but a Small Maintainance, desireing me to make him Colle" of the Customs in Pensilvania by which your Hon's may pleas to take Notice, that Gov's under Such Necessities, will be easily tempted to doe & Connive at Unlawfull things. The Charge to Maintain Officers of the Customs in That Province, together with a Vessell of about 40 Tuns, & men Sufficient to Cruise upon the Coast thereof, as by her late Sacred Ma'tys Order in Councill, Coll Nicholson is directed to pro- vide, will amount to above 2000 lb: a year, to prevent the illegall Trade in Pensilvania & the Shipping of tob: brought over land from Maryland to Deleware Bay which not withstanding will be carryd on, untill there
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NEW JERSEY COLONIAL DOCUMENTS. [1696
be Such a Regulac'on in the Governmt of That province, as by the Sd Act for preventing frauds &c: is Enacted. Pensilvania lies in the Center between Maryland & New York, most Commodiously, to carry on all illegall Trade, and that place will Soon become A Staple of all European & Plantac'on Commodities.
EAST & WEST JERSEYS: m" Andrew Hamilton, a Scotch man, is the Gov" of those Provinces; Ap- pointed by the Proprietors to Leas out their Lands & receive their Quit Rents; He is a great favourer of the Scotch Traders, his Countrymen, & woud not allow of Cap" Meeches power, when he had Seizd the Brigan- tine W! & Mary W" Righton Mas", the Gov! Sate Judge in Court, the Vessell was favoured upon the Mas"s Setting forth in his petic'on that the ffrench met him at sea, & took away his Cognets, She is Since gone to Barbados: Patrick Robison a Scotchman, the Secretary & David Loyd, the Attorney Gen! in Pensil- vania, went to the Court, in West Jersey, to Defend the Vessell against the Prosecutors for his Ma'ty.
CONNECTICOTT IN NEW ENGLAND, Coll Robt: Trent [Treat] is the present Gov" of that Colony granted to the Inhabitants by Charter, to have a Gov" Annually Chosen, with Power, to Purchase & Sell Lands: The Inhabitants, are generally husband men & Planters. The Gov" permitted a vessell from Holland, under pretence of Wanting Wood and water, to come into New Haven where she Unliverd great parts of her loading, which was carryd to New Yorke, & having taken horses aboard, Saild with the Remainder of her Goods to Barbados. Thomas ffisher, Mas" of the Brigantine Adventure of London, imported about December 1691: a very great Cargoe of Scotch goods at New London, in that Colony, they were seizd by m', Brenton, the Collec" he thought it most Adviseable, to Admit Gustavus Hamilton to a Composition (which he willingly agreed to) than Submit the Cause, to a Tryall, in that Colony,
123
1696] EDWARD RANDOLPH ON ILLEGAL TRADING.
ROAD ISLAND. Caleb Carr was late Gov" of that & providence plantac'on, granted by Charter allso, tis become a free port to illegall Traders, & Pyrates from all places. Tho: Tew A Pyrate, came thither from the Red Sea, in the year 1694 and brought with him £10000; in Gold & Silver, he Shard £12000: for himself & his sloop, the people are Enriched by them. Tis necessary That place, be taken care off & put under a Regular Governmt the present pretenders to Govern, being either Quakers or Annabaptists.
PROVINCE OF NEW HAMPSHIRE: m". W. Patridge, being Nominated by m! Sam! Allen the present proprietor, is Allowed of by his Ma'ty & Made the Deputy Gov! of That Province.
PROVINCE OF THE MASSACHUSETTS BAY. Tho' his Ma'ty has the Appointing, the Gov" of That Province, yet the illegall Trade is carryd on, as much as ever, to Scotland, Holland, ffrance &c: for want of a Govern, to Suppress that Trade, & to Support and countenance the Officers of the Customs, in the Execuc'on of their Duties. m. W. Sloughton, is the Liev"t Gov" he is a good Schollar, but not bred up to Military Discipline. The country lying open, is exposed to the fury of the ffrench & Indians, when ever they pleas to Attacq them. They have in their Laws hitherto Made no provision for a Gov's Maintenance, as is done in all Other, his Ma'tys Governm's & was likewise in that Province for their former Gov's on purpose to dis- courage men of Hono" & abilities, to live amongst them; but what ever it Costs, That Country, & the Trade thereof, ought to be taken care off.
Now from what has bin herein humbly Offerd, it cannot reasonably, be imagined that the Proprietors Gov's are persons qualified or fit, to be Entrusted with the Conduct & Execuc'on of the principall powers, reposed by those Acts, only in the Gov's & Command"? in Chiefe, in the Plantac'ons, under his Ma'tys imme-
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NEW JERSEY COLONIAL DOCUMENTS. [1696
diate Authority; So that if the proprietors & owners of those Lands, refuse to Conform to the Rules & Methods prescribed them, in the Sd Act for preventing ffrauds &c: Its humbly proposd, that they Should be obliged, to accept of Such Regulac'on in Government, in refer- ence, to Trade, as his Ma'ty Shall think necessary to make; which will in no wise, Invade their Just Rights & proprieties in those Lands, nor hinder them from Imploying their agents & ffactors, to take Care & dispose of their Estates, & to receive the Rents & profits arising from them.
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