USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 22
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292
NEW JERSEY COLONIAL DOCUMENTS. [1699
the same Justice to secure the Master of the house Mathew Moore but he refused to go before the Justice, to answer his Contempt neither could I persuade the Constable he had power to break open the Door, till I had obtained a third warrant for that purpose, and till the Justices of Peace came themselves to see it done, where I found and seized twelve small Bales or Baggs of Calicoes and Muslins and secured them in a Chamber in the house of M! Richard Powell att Woodbridge and lay there in the same Chamber and sent to Amboy for a Waggon to carry them away, which came Early Monday Morning. People being so precise here that they will upon no Consideration suffer a Waggon to Travell on the Sabboth day. On Monday about one or two in the Morning, The house & Chamber where I lay was broke open by about Twenty persons disguised armed with Clubs, Pallizadoes & other Weapons of a prodigious biggness, myself threatned my Life, and the goods forcibly carried away; I have not neglected to make all possible Search & Inquiry, but to no pur- pose, for the people here are all Lawless & have no respect to Government or the Kings Authority but publickly affront the Magistrates, & those who en- deavour to Execute the Law.
I must further informe Your Hon's that no Officer can act here without immediate power from Your Hon's & it is arrived to that pass, That Wee cannot have a Constable or other Officer to assist in anything for his Ma: Service; all or the greatest part of the people do not think themselves obliged to obey Our Gov! (he as they say) not having the Kings Approbac'on though the Councill shewed me a Letter directed to them from the Proprietors, wherein they asserted that they had presented him to his Maty and that he was accordingly approved of, and look upon me as sent without power to abuse them, The Extent of this Province is great, & it is not in the power of one Officer to manage the
293
LETTER FROM COLLECTOR GOODMAN.
1699]
whole business, when prohibited goods are Landed att severall places att one time near forty miles asunder, and the people joyne together to conceal them.
Those who have rescued the Goods shall not faile of a due prosecution.
Your Hon's may understand by the List herewith sent how small the Trade is, occasioned meerly by the Disputes and Uncertaintys abt our port.
Some Ships are dayly expected from Madagascar and I have settled the best Intelligence possible against their Arrivall and had I sufficient Power & Authority from Your Honours, I could Act with more safety, and Command that Assistance which is now denyed me. They looking upon a Deputac'on from the Surv" Generall (and upon himself) to signifye nothing in the meantime I shall pursue my duty, and do all things which by my Office are required from me for his Mats Interest, and towards the Discovery of illegall Trade now very rise [ripe ?] in these Parts. The want of a Cus- tom house here is of great disadvantage and if wee are a Port it will be necessary to have one, otherwise noth- ing can be secured from the bold Attempts of those People who contemn and bid Defiance to Authority and do not stick to break open the Goale and rescue the Offenders from thence (as they have lately done) att their Pleasure All wch is most humbly submitted to Your Hon's by
Your honours most humble Servant CHARLES GOODMAN1
As to the Magistrates. They have been very ready and willing to assist me, but some late Disturbances have made the People regardless of all Law and Authority.
1Referred by the Commissioners of the Customs Aug. 21st, 1699, to the Lords of the Treasury and by them to the Kings Council, who, on Oct. 23d, referred it back to the Lords of Trade for examination and report .- ED.
294
NEW JERSEY COLONIAL DOCUMENTS. [1699
Memorial of the Proprietors of East Jersey to the Lords of Trade, relative to a surrender of their Government.
[From Grants and Concessions, p 588.]
To the Right Honourable the Lords of the Council of Trade and Foreign Plantations.
The Memorial of the Proprietors of the Province of East New-Jersey, in America.
THE Proprietors having in all their Applications to this Honourable Board, shewed an Aversion to have any Controversy with his Majesty, as by their several Ex- pedients in their Memorials laid before your Lordships may appear; and considering how often the near Neighflorhood of East-Jersey to New-York, (the most important Frontier belonging to the Crown of England in North-America) has been urged upon them, to in- duce them to a Resignation of their Government; they do hereby declare themselves ready to surrender the same to his Majesty; altho' the Government was the chiefest Motive of purchasing the said Province, which they did by the Opinion and advice of eminent Council learned in the Law, upon the Credit of which and the Confirmation by King CHARLES the Second, of the Title to the Grantees, their Heirs and Assigns, as abso- lute Proprietors and Governor's, (as by his Proclama- tion hereunto annexed does appear) they have buried great part of their Estates in building and planting the Country, and at their own Expense maintained the Government for many Years past, as well before his Majesty's happy Accession to the Crown as ever since, and have not received any returns whatsoever for all their Labour and Cost to this Day. In Consideration of the Premisses the Proprietors do with humble Con- fidence rely on his Majesty's Justice and Goodness to confirm to the Proprietors and Planters respectively,
1699]
E. J. PROPRIETORS PROPOSE A SURRENDER. 295
the following Rights and Privileges, to render them (at least) as easy under his Majesty's Government, as when under the Proprietors, toward which they pre- sume to enumerate the following Particulars, viz .:
I. That his Majesty will be graciously pleased to confirm to them the Soil and Lands of the said Prov- ince and the Quit-rents reserved upon the Grants made or to be made to any Planters or others.
II. That upon the Annexation of the Government of the said Province to that of New York, the Port of Perth Amboy, may be established for entering Ships and Importing goods there, and Exporting goods from thence, without being obliged to enter their Ships at any other Place, paying the same or like Custom to his Majesty as are or shall from Time to Time be pay- able at New-York.
III. To have free Liberty to Trade with any Indians or other Inhabitants of America, without Interruption, and the Proprietors to have the sole Privilege (as always hath been practiced) of purchasing from the Indians, all such Lands lying within East Jersey, as yet remain unpurchased from them.
IV. All necessary officers and Courts of Justice for Administration of Justice, in Cases Criminal and Civil, to be appointed and held in East Jersey, in the same manner as is practised within the Government of of New-York, and that the Inhabitants may not be obliged to go to New-York or be impleaded there for any criminal or civil matter arising within East-Jersey nor be compelled to serve upon Juries or in any minis- terial office within the Province of New-York.
V. That a Superior Court be held twice a year at Perth-Amboy, before whom Writs of Error or Appeals (in the Nature of Writs of Error) from other Courts within the Province may be brought and determined.
VI. That the publick Register and all Records relat- ing to the said Province may be kept at Perth-Amboy, and not removed to any other Place; and that the Con-
296
NEW JERSEY COLONIAL DOCUMENTS. [1699
stituting of the Secretary and Register and the Sur- veyor General of the said Province of East New-Jersey, remain in the Proprietors.
VII. That the same Number of Counties be con- tinued in East-Jersey, as there are at present, and by the same Names, and that each County in East-Jersey may choose and send as many Representatives to the General Assembly to be held for New-York and East- Jersey, as are or shall be chosen by any County in New-York, and if any more Counties shall be here after created or appointed in New-York, as many may be created and appointed in East-Jersey.
VII. That a Proportionable Number of the Inhabi- tants of East-Jersey, may be appointed to be of the Governor's Council at all General Assembly's and to have Votes therein.
IX. That the Twenty four Proprietors may be Lords of the Soil, and hold Courts for the Lands in the Pro- prietyships, and appoint all Officers that relate there- unto.
X. No Person or Persons whatsoever to be molested or deprived of any civil Right or Privilege, or rendered uncapable of holding any Office or Employment in the Government because of their religious Principles, the Province being planted by Protestant People of divers Perswasions, to whom that Liberty was an original Encouragement.
XI. That all Wills of Persons dying within East- Jersey, and Letters of Administration of Estates lying there, may be made and granted by the chief Judge of East-Jersey for the Time being, who is to reside there, and a Register thereof kept at Perth-Amboy.
XII. That the Proprietors still have their Power continued to grant Markets and Fairs in the said Province.
XIII. Lastly, All Lands, Goods and Chattles of Traitors, Felons, Felons of themselves, Deodands, Fu- gitives, Persons outlawed and put in exigent, Waifs,
-
1699]
PROCLAMATION AGAINST CERTAIN, SHIPS. 297
Estrays, Treasure Trove, Mines and Minerals, Royal Mines, Wrecks, Royal Fish, that shall be forfeited, found or taken within East-Jersey, only the Inhabi- tants thereof, within the Seas adjacent, to remain to the Proprietors, with all other Privileges and Advan- tages, as amply as in the Grant and Confirmation to them of the Fourteenth of March 1682.
And because many of the Proprietors of East-Jersey, are also Proprietors of West-Jersey
It is humbly desired that Colonel Andrew Hamilton may be despatched by this Board to the Government of West-Jersey, his presence being much wanted there, for the Convenience of his Majesty's Subjects in that Province.
Signed by Order and on behalf of the Proprietors Wm DOCKWRA Secretary and Register
[July 5th 1699]
Proclamation of Governor Jeremiah Basse against certain Ships from Scotland.
[From E. J. Records, Liber. C, Commissions, page 293.]
A PROCLAMATION.
THE GOVERNOUR & PROPRIETORS OF THE PROVINCE OF EAST NEW JERSEY to all His Majesties Justices of the Peace, Sheriffs & Constables & all other Officers, Civill & Military, & all other his Majestie's Subjects Inhabiting within the said Province Sends Greeting. WHEREAS, His Most Excellent Majesty hath received advice that Severall Ships of force fitted out of Scot- land are designed to settle themselves in some parts of America and Least the same should derogate from the Treaties His Majesty hath Entred into with the Crown of Spain or be otherways prejudiciall to any of his Majesties Colonies in America His Ma'ty hath been
298
NEW JERSEY COLONIAL DOCUMENTS. [1699
pleased to Signify his Royal Will & Pleasure unto us that we strictly forbid all his Majesties Subjects & others Inhabiting within our said Province that they forbear holding any Correspondence with or giving any assistance to any of the said persons while they are Engaged in the said Enterprise and that no provisions Armes Amunitions or other Necessaries whatsoever be Carried to them from hence nor be permitted to be Carried either in their own Vessels or any other Ships or vessels for their use THESE are therefore in pursu- ance of his Majesty's said Royal Will & Pleasure Strictly to Charge & Command all & every his said Majesty's Subjects & all others Inhabiting within this Province that they forbear holding any Correspondence with or giving any assistance to such person or persons who have been fitted out of Scotland with design to settle themselves in such parts of America or who are or shall be setled in any such parts of America as . afores! & that no Provisions Armes Amunitions or other Necessaries whatsoever be Carried to them Either in their own Vessells or any other Ships or Vessells for their Use from this Province or any part thereof under such Paines Penalties & forfeitures as by Law in such Case are provided & all his Majesty's Subjects and all other person or persons whatsoever Inhabiting within this Province are hereby required & Commanded to take Notice hereof & to Observe his Majesty's Royal Will and pleasure aforesaid in all & every the premisses as they will answer the Contrary at their Perill. GIVEN under the Publick Seale of the said Province this first day of August in the Eleventh year of the Reign of our Sovereign Lord William the third King of England Scotland France & Ireland Defender of the Faith &º Annoq. Dom. 1699
JERE. BASSE
P.S.
1699] AND. HAMILTON APPOINTED AGENT FOR W. JERSEY. 299
Commission to Andrew Hamilton to be the Agent of the West Jersey Society.
[From E. J. Records in the Secretary of State's Office, at Trenton.]
Col! And: Hamilton's Commission of Agency for the Society.
St. John Moore S! Thomas Lane Knights Aldermen of the City of London and the rest of the Committee for ye West New Jersey Company.
To Colonel Andrew Hamilton, Greeting.
We being well satisfied of ye Pru- dence and Ability and reposing a Special Seal of the W. J. Company Trust and Confidence in the fidelity of you the sª Coll! A'drew Hamilton have noninated constituted & appointed and by these presents do Nominate Con- stitute and appoint you to be our Agent & ffactor General in West New Jersey aforesd to sell and buy all such Goods & Merchandize as we shall consigne to you or from time to time direct you to buy for us Also for us & our Name to call to accot Nathaniel Westland Jeremiah Basse & all others that have any Effects Belonging to our Society in their hands And to demand recover and receive ye sª Effects from them, either or any of them, Likewise to Gett Sett or Sell our Lands or any part thereof to such Person or Persons and for such su'me or su'mes of money as you shall deem most for our advantage And to that End to make and Exe- cute or cause to be made and executed all necessary deeds & Writings such as the Case & Custom of ye Country shall require And to demand recover and re- ceive the Rents Issues & Profitts of such Lands of ours as you shall Sett And the considerac'on money that
300
NEW JERSEY COLONIAL DOCUMENTS. [1699
shall be due & payable upon any Sale, and to Com- promise Compound Conclude & agree with in all or any our Concerns in West New Jersey aforesd as Occasion shall require and you shall think fitt, Upon Recovereis & Reciepts Compositions & agreemts to make & give due & Sufficient Acquittances & discharges And to act observe & do to ye best of you' Power for ye greatest advantage of our Society All such other matters & things as are or shall be committed to yo! Care & Management or that do concern yo" Employmt as aforest applying you' best Endeavours thereunto And we do hereby command & require all our Servants in West New Jersey aforesd to Submitt & yield due Obe- dience to you the sd Coll! Andrew Hamilton our Agent & ffactor General accordingly And you are to observe & follow all such Orders & directions as you have al- ready had or hereafter from time to time shall receive from us, or any five or more of us And we do hereby revoake make void & of no Effect the Commission or Power formerly granted to ye Nathaniel Westland Jeremiah Basse & Thomas Revell or any of them de- claring the same to be henceforth of no value but that this present Commission shall in all things take place and be of full force In Wittness whereof We have hereunto caused our common Seal to be affixed this 19th day of August Anno Dni 1699
THO. LANE E. RICHIER, JOHN BRIDGES, MICHAEL WATTS, JOHN MOORE, JOHN WILCOCKS, ROBERT MICHEL, OBADIAH BURNETT.
301
1699] AND. HAMILTON APPOINTED GOV. OF W. JERSEY.
Commission of Andrew Hamilton to be Governor of West Jersey.
[From E. J. Records in Secretary of States office Trenton.]
To our Trusty & Wellbeloved ffriend Coll: Andrew Hamilton.
Greeting:
According to ye Power & Authority residing in us of Constituting the Gov'no' & Commander in Chiefe of the Province of West New Jersey in America, hav- ing great Confidence in the Ability Prudence & Integ- rity of you the said Andrew Hamilton Have Nominated Constituted & appointed & doe hereby Nominate Con- stitute & appoint you Gov'no' & Commander in Chiefe of the said Province Giving you full power & authority to Govern ye same. Together with all Isles, Islands, Rivers & Seas within the same or thereunto belonging according to the Lawes & Constitutions of the said Province not repugnant to the Lawes of England, and to doe all & every thing & things which to the Charge & office of a Gov'no' & Comand' in Chiefe doth apper- tain: Com'anding all Inferior officers both Civil & mili- tary to obey you ye said Andrew Hamilton as Gov'no" & Com'and' in Chiefe of ye said Province according to this our Com'ission & the powers hereby given unto you for the Space or Terme of one whole yeare from the date of these p'sents & so long after untill some other Person be Nominated & Constituted Gov'nor in yo' roomne by another Com'ission sent from London & arrived in the said Province & there published on which this p'sent Com'ission is to be voyd. And fur- ther we doe hereby give power unto you the said Andrew Hamilton to Nominate Constitute & appoint by Com'ission under your hand & Seale of ye Province
302
NEW JERSEY COLONIAL DOCUMENTS. [1699
a Deputy Gov'no' under you to serve in the said Prov .. ince during yor necessary absence & no longer. Given in London under our hands and the Publick Seale of the Province of West New Jersey this Nineteenth day of August Anno Dom: 1699 And in the Eleaventh yeare of the Reign of our' Sovreigne Lord William the Third by ye Grace of God King of England Scotland ffrance & Ireland defend' of the ffaith &c.
DRS
WEST
NEW
PR
ERSE
-
ROB: MICHEL, JOHN MOORE, THO: LANE, OBADIAH BURNETT, E: RICHIER, JAMES BODDINGTON, JOHN BRIDGES, JOSEPH BROOKS- BANK, MICHAEL WATTS.
Lords of Trade to the Earl of Bellomont on New Jersey Matters.
[From New York Col. Docts., Vol. IV, p. 546.]
To the Right Honourable the Earl of Bellomont Captain Generall & Governor in Cheif &c. Or to the Commander in Cheif of Majesty's Prov- ince of New Yorke, for the time being.
My Lord * *
[Extract.]
* We told you in our letter of the 5th of January last the reason of our suspending awhile any report about the Propietors of East New Jersey's pre- tended right to a port at Perth Amboy; and shall now explain to you a little more fully how that matter stands. The Proprietors of that Province thinking it seems they might have some advantage by complain-
1699] LORDS OF TRADE TO EARL OF BELLOMONT ABOUT W. J. 303
ing of your Lordship's seizure of the Ship Hester, peti- tioned his Majesty upon that subject, which petition of theirs being read in Council of the 9th of March last was by his Majesty referred unto our consideration; and we therefore send you here enclosed a copy of it with the Order of Council thereupon. Whilst we had that matter under consideration, those Proprietors laid before us also other memorials in which they offered some conditions, in order to compromise the dispute; but such as we did no ways think it for his Majesty's service to accept of. And therefore upon the 18th of April last we laid before his Majesty another Represen- tation upon that subject. By that you will perceive the use we made of their proposal of a tryal about the Port of Perth Amboy, by bringing their right of gov- ernment in to the same question: a matter in which they are very tender, as being sensible of the weakness of their title, And we therefore thought it best to joyn both together. Thereupon after long delays and after haveing in vain indeavoured in the name of the Proprietors of West New Jersey (who are for the most part the same persons) to draw us into a snare by de- siring our opinions for the approbation of M' Hamilton to be Governor of West New Jersey, that so allowance of the one, might have been an argument for the other because their title to both is one and the same; they have in the end laid before us certain proposalls for the surrender of East New Jersey upon certain conditions. But we have not yet thorowly considered the same. However there appearing to us several obvious excep- tions against what they propose, and great difficulties in settling the matter to their satisfaction and without prejudice to his Majesty's right and to the interest of the Province of New Yorke; we are apt to think that business may hang yet some time longer in suspence. And therefore we send you here inclosed the copy of their said proposalls and desire your observations there-
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NEW JERSEY COLONIAL DOCUMENTS. [1699
upon, how far any of them will be advantageous or disadvantageous to the Province of New Yorke. But in the meanwhile we can offer to your Lordship no other rule for your conduct towards those Provinces both of East and West New Jersey than what his Maj- esty has already given you.
In your letter of the first of July 1698 beginning with the dispute you had with M' Bass about the Jerseys, you mention two pirates sent for from thence, which for want of proof against them you had admitted to bail; and two others that you had sent for from Con- necticut and Rhode Island; upon which you desire directions what to doe with them, and more particularly whether to send them or others in the like case to Eng- land or no, especially when you have not evidence there sufficient to convict them. This we have in part answered already by our letter of the 25th of Octo- ber last, and we now further add that we can conceive nothing more proper to be done in order to their con- viction, than by threats and promises to some that are apparently guilty, to induce them to give evidence against their accomplices. But as for sending or not sending them home (upon which we cannot of ourselves make any determination) we expect shortly some order of the Lords Justices in Council upon a Representation that we laid before them the 10th of this month on occa- sion of some pirates set on shoare in Pennsylvania and West New Jersey by a New York ship called the Nas- sau, commanded by one Shelly; which business we hope will in the end produce some regulation for the conduct of all his Majesty's Governors in the Plantations in the like cases * * *
Your Lordships most humble servants Signed PH: MEADOWS JNº POLLEXFEN JNº LOCKE ABR. HILL
Whitehall August the 21st 1699.
1699]
CENSUS WEST JERSEY, 1699.
305
Account of the Inhabitants of West Jersey in 1699 [From P. R. O. B. T., New Jersey Vol. 1, B 7.]
Account of the Inhabitants of West New Jersey, as taken in the Year 1699. Presented to the Board by M. Dockwra.
Daniel Leeds in his Almanack for the Year 1701, in the Page of Novor gives the following acct
In Seper 1699. The Freeholders in West Jersey were computed as follows
Burlington County
302
Gloster County 134
Salem County 326
Cape May County
070 .
In all
832
Whereof Quakers
266
In all more Christians
566
NOTE .- The Quakers are more numerous in Burling- ton County than all the other Countys. Salem County has two to one for Gloster and 58 over Tho the Quakers will have the latter double the Number in the Assembly to that of Salem; Contrary to Justice and Equity. Wherefore Salem will not Send Members till they have equall with Gloster They paying double the Tax and more than Gloster.
21
306
NEW JERSEY COLONIAL DOCUMENTS.
[1699
Secretary Popple to William Dockwra, inquiring as to the operation of the Act against fraud &c. in East & West Jersey, and in whose hands are their respective Governments.
[From P. R. O. B. T. Proprieties, Vol. 26, p 124.]
To Wm Dockwra Esqr 1
ST.
The Lds Com's for Trade & Plantations being re- quired to represent to his Majesty in Councill how far the late Act for preventing Frauds & regulating Abuses in the Plantation Trade, past here in the 7th & 8th years of his Majtys Reign has been complyed with, in relation to his Majesty's Allowance and Approbation of the Govrs of Proprieties in the Plantations; Their Lordps have commanded me to desire you to inform them what has been done in that matter by the Pro- prietors of East & West New Jersey respectively And further to let them know how the Government of each of those provinces now stands, and in whose hands the Administration thereof at present lies I am &c
Whitehall
Octobr the 25th 1699
W. P.
William Dockwra to Secretary Popple in answer to the foregoing. [From P. R. O. B. T., Proprieties, Vol. 4 D 20.]
L're from M! Dockwra excusing his not yet answer- ing ye 2 L'res lately writ him abt E. & W. New Jersey.
Sir
I have recd yors of the date hereof taking notice of
1 Another letter of a similar purport was written to Mr. Dockwra on Nov. 14th; this not having received any attention .- ED.
1699]
SECRETARY POPPLE TO ATTORNEY GENERAL.
307
yo! former wch wants an answer, if it had been my particular Concern I should soon have perform'd my duty to their Lopps com'andes by yo! letter.
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