USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 27
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40
369
PETITION TO SUSTAIN GOV. HAMILTON.
1701]
service that his Majesty would be pleased to put those Provinces under such regularities that the publick peace may be restored and his Majesty's government of New York may have the assistance of the magistracy of the Jerseys to remand deserters and fellows that may shelter themselves there, which often happens, &, by the convulsion of that people, not in Coll. Hamilton's the Governour's power to remedy it. * My Lords Your Lordships most faithfull & most obedient humble servts
New York 30th April 1701
WM SMITH Pt
PE: SCHUYLER
Rt LIVINGSTON
Petition of Governor and Council of East Jersey to the King, asking that the authority of Gov. Hamilton might be upheld.
[From P. R. O. B. T. Proprietors, Vol. 6, G 29.]
PETITION OF YE GOVR & COUNCIL of East New Jersey to his Maty abt ye Disorders there May 1701
TO THE KINGS MOST EXCELLENT MAJESTY.
THE HUMBLE PETITION of the Governour and Coun- cil of Your Majesties Province of East New Jersey in America.
Most Humbly Sheweth-
That whereas in January 1693 The Proprietors of Yo! Maties said Province did Petition yo! Mate to approve their Choice of Andrew Hamilton Esq? to be Gover- nour thereof, Which Petition was read and referred by 25
370
NEW JERSEY COLONIAL DOCUMENTS. [1701
Yo' Matie in Council to the Right Honoble the Lords of Trade and Plantations to consider and to report to Y! Matie what they conceived proper for Yo! Matie to do therein
In obedience to which Order in Council, and to another of the Ninth of March thereafter, Upon a Petition of the said Proprietors concerning Their Right to a Port at Perth-Amboy, Their Lord'ps by a Repre- sentation to Yo' Mate in Council, most humbly offered to Yo! Matie That a Tryal be had at Barr in Westmin- ster Hall. Whereby the Proprietors claim to Ports and Right to Governm' of the said Province might re- ceive a determination Which Representation Yo! Matie in Council was pleased to Approve, upon the 20th of April, and to Order that it be referred to Yor Maties At- torney General, to consider and report, in what manner what was proposed by the said Representation might be best put in Execution.
Yo! Petitioner Hamilton waited upon the Council of Trade and Humbly moved, That seeing by the said Representation their Lordshipps seemed to Hesitate upon the Validity of the Powers of Governm' granted by King Charles the second to His Royall Highnesse, and by His Royal Highnesse to the Proprietors. He might be directed by their Lordshipps, how to Guide himself being unwilling to Act, under any Commission, which their LordshPPs should judge unwarrantable.
Their Lordships by S: Philip Meadows were pleased to signifie to said Hamilton, That tho' They questioned the Validity of the Powers of that Grant, and there- fore thought it not fitt to Advise Yo! Majte to grant the Approbation Petitioned for being a Recognizeing the Prop" Title, and thereby giveing away what they accounted Yo! Majties Right, Yet that they did not thereby intend to inhibitt the Propes of acting further in the Governm! But that if yo" petitioner Hamilton, Governed himself by the Laws of England; The Propªs
1701]
PETITION TO SUSTAIN GOV. HAMILTON. 371
would find wherewithall to Justifie themselves in Com- missionating him, and yo'. petitioner in acting under it, untill Their Right to Governm' were Vacated by a Judicial determination or that yo! Majties Pleasure should be further knowne therein
Yo! Petitioner Hamilton arriveing in said Province in Decemb: 1699 Published the Proprietors Commission, and after haveing taken the Oaths, appointed by Acts of Parliam' Entred upon the Administrac'on of the Governmt
But so it is. That neither the Approbation being granted, nor no Instrument sent over to Command the Inhabitants to continue in their obedience to the Gov- ernmt under the Administrac'on of the Prop" until their Right to it had received a Tryal at Barr Yo! Matie was pleased to Order, or until Yo! Mates Pleasure was further knowne, The Licentious part of the people, who look on all Governm' to be a Yoke, and being encouraged in their Seditious principles, by Letters from England, from their Agent, whom they have sent over to Extenuate their Crimes, That Yor Petitioner Hamilton was rejected by Yo! Mate for Gov- erno" And that the Council of Trade had declared all Acts of Governm' by him done, or any under him to be Null & void, have gladly laid hold of this as colour enough to cutt in pieces the Reins of Governm' and run yo! people into Anarchy and confusion.
And as at several times before, They have assaulted Yo! Mates Justices, when in the Solemnity of yo! Courts of Judicature, and thereby stop't the Currt of Law, So upon the 25th of March last, At a Court of Sessions held in the Usuall place at Middletowne in the County of Monmouth and Province aforesaid, Where was present Yo! Petitioner Hamilton in Conjunction with yo! Mates Justices to take the Examination of a certain pirate belonging to Kidds-Crew, named Moses Butterworth, pursuant to Yo! Maj"es Strict Command;
4
372
NEW JERSEY COLONIAL DOCUMENTS. [1701
And while the pirate was under Examination, Those Libertines on purpose to hinder the Courts proceeding in that Affair, sent in one of their Number to beat a Drumm and others of them Rushed into Rescue the Pirate, and accordingly carried him from the Barr.
To hinder the Rescue and suppress the Riotters, Yo! Matias Justices, believing it their duty, to assist the Sheriffe and Constables in the Execution of their Offices (in which one of the Rescuers was wounded) were Sur- rounded by the Riotters in great numbers in Arms, having (appearingly) on purpose appointed the same day to be a Training day, on which the Court was to sitt, and their destruction by them most insolently threatened, (which had been most certainly Executed had the Wounded died upon the Spott) and were con- fined by them ffour dayes, till they thought him past hazard, to the great dishonour of Yo! Majte in the abuse of yo! Ministers.
And as those people could have no manner of colour- able Pretext for attempting the dissolution of the Gov- ernmt for want of sufficient Information, being often told, that the not obtaining the Approbation was from a Reason of State, and no Neglect of the Proprietors that it was Yo' Majte not that they that was Judge of the Validity of the Proprietors Commission and that as it is never to be supposed Yo! Majte the Common ffather of yo" people would for want of Governm' suffer them to run into disorder and Confusion, So it ought to be to them an invincible argument of Yo! Majties allowing the Administration to be still in the Prop's untill the Tryal at Barr be issued, or Yo! Majties Pleasure therein further knowne
As yo" Majties most humble Petitioners will never be wanting to do what in them lies to preserve yor Majties peace, and Order of Governmt among Yo? Subjects of this Province untill yo' Majte shall be pleased to com- mitt that Trust to better hands, So least the necessary
373
PETITION TO SUSTAIN GOV. HAMILTON.
1701 ]
means to effect it, may run the Province into blood, unlesse a Speedy remedy be applyed They most humbly pray
That Yo! Majte would be graciously pleased to com- mand the Inhabitants to yield their Obedience to the Proprietors commission until the Tryal at Barr be had, or yo! Maties pleasure thereupon be further knowne
And your Petitioners as in duty bound shall ever pray
And: Hamilton Samtalenes John Bisher: Samet ffalo Benj Griffith.
374
NEW JERSEY COLONIAL DOCUMENTS.
[1701
Memorial of the Proprietors of East and West Jersey to the Lords Justices asking for the approval of Andrew Hamilton as Governor.
[From P. R. O. B. T., Proprieties, printed in Grants and Concessions, page 591.]
TO THEIR EXCELENCIES THE LORDS JUSTICES OF
ENGLAND.
The Humble Petition of the Proprietors of the Provinces of East and West New Jersey in America.
Showeth
That your Petitioners, as they were advised by their Council, being legally entitled to the Government of those Provinces, by virtue of several Grants from the late King JAMES, when Duke of York, the Declara- tion of the late King CHARLES the Second, under the Great Seal of England, and of several Acts of State and Orders of Council, admitting their right, have for many years appointed Governor's there, and particu- larly Colonel Andrew Hamilton, who administered the Government to the great Service of the Crown and Universal Satisfaction of the Inhabitants, until the Act of Parliament passed in the seventh and eight Years of his present Majesty's Reign, entitled An Act for preventing Frauds and regulating abuses in the Plantation Trade.
Upon which Laws some doubt arising, whether a Native of Scotland (as Colonel Hamilton is) were capable of being a Governor of the Plantation, your Petitioners for avoiding any Colour of Offence against that Act of Parliament appointed one Jeremiah Basse, Governor of those Provinces; but the Lords of the
375
1701]
APPROVAL OF AND. HAMILTON AS GOV. DESIRED.
Committee of Trade and Plantations, making then some Scruple concerning your Petitioners Right of Government, Mr. Basse had not such a formal Appro- bation of his Majesty, as that Act directs; and though your Petitioners even at the same Time honoured with Instructions from the then Lords Justices, and Lords Commissioners of the Treasury, for their Governor's Conduct, which were produced and published by Mr. Basse, as a Testimony of his being nominated Governor, with the knowledge and implicite Consent of his Maj- esty and his Ministers of State, yet for want of an Ex- press Approbation in Writing, the Inhabitants refused to obey him, and he returned to England.
Whereupon your Petitioners who had been informed of the Opinions of his Majesty's late Attorney and pre- sent Sollicitor General, that a Native of Scotland, was not disabled to execute any office in the Plantations, were reduced to reappoint the said Colonel Hamilton (then in England) Governor of these Provinces, whom · your Petitioners presented to the Lords of the Com- mittee of Trade and Plantations, humbly remonstrating to them the necessity of sending a Governor for Pres- ervation of the Publick Peace, and praying their Lord- ships Reccommendation of him, for his Majesty's Ap- probation, but their Lordships having resolved to con- trovert your Petitioners Right of Government by a tryal at Law, declared they could not consent to such an Approbation without prejudice to His Majesty's Right; yet in regard of the necessity of the People's being under some Government till the Right was de- termined, their Lordships delivered their Opinions, that Colonel Hamilton, acting according to the Laws of England, your Petitioners might be safe in commis- sionating him, and he in executing their Commission, under the security of which Approbation Colonel Hamilton went over, and re-assumed the Government of those Provinces; but some factious and turbulent
376
NEW JERSEY COLONIAL DOCUMENTS. [1701
Persons impatient of any Government, oppose his Ad- ministration, because he is not approved of by an Order of Council, according to the express Letter of the Act of Parliament, and have made so great Divisions and Confusions there; that the publick peace is daily violated, and the publick Justice obstructed.
That your Petitioners have agreed and are ready to surrender all their Right of Government to his Majesty upon such Terms and Conditions as are requesite for Preservation of their Properties and civil Interests, and which they humbly hope will be allowed to them.
Your Petitioners therefore most humbly pray, that for the Preservation of the publick Peace of these Provinces, your Excellencies will be graciously pleased immediately to approve of Colonel Hamilton to be Governor of the Provinces of East and West Jersey, until the Terms of Surrender can be adjusted.
And your Petitioners shall ever Pray,
Thomas Lane Dan Cox Jun !.
Paul Dominique
Thomas Hart
Thomas Skinner
Joseph Ormston
John Bridges
Joseph Ormston as
Michael Watts
having procuration from
E. Richier
Clement Plumstead
Miles Forster
Thomas Cooper
and Edward Antill
Walter Benthall
Gilbert Molleson
Jos. Brooksbanke [1701] 1
Thomas Barker
1 Precise date doubtful, but probably early in the year .- ED.
1701]
PETITION FROM W. JERSEY IN FAVOR OF HAMILTON. 377
Petition of the Council and House of Representatives of West Jersey to the King, asking for the con- firmation of Andrew Hamilton as Governor.
[From P. R. O. B. T., Proprieties, Vol. 6, G. 29 ]
TO OUR MOST GRACIOUS SOVEREIGNE WILLIAM THE THIRD KING OF ENGLAND &C.
THE HUMBLE PETITION of the Provincial Councill and House of Representatives of the Province of West New Jersey in General Assembly Mett at Burlington the 12th day of May Anno Dni 1701.
Most humbly Sheweth
That the Preservation of the Kings Peace, among his Subjects, being very dear to Him. We though a small part of that Great Body, ffly to him for the In- fluences of his Power, and Goodnesse to so good an End.
In order to it do therefore most humbly Represent. That the Governm' of this Province by the evil En- deavours of one Joshua Barkstead and others now or lately in England is much disordered by their Letters to some Inhabitants disaffected, who industriously Publish the same. Which We are assured will to- gether with this be produced in Evidence that Colonel Andrew Hamilton our present worthy Governo! whom the Proprietors in England, Petitioned the King to approve, was rejected by the Court, and not in the least owned as such; But quite contrary wondering that he dare presume to take upon him the Governm' declaring that all Acts of Governm' by him done, or
378
NEW JERSEY COLONIAL DOCUMENTS.
[1701
any under him are null and void. And that Brother (meaning Jeremiah Basse) would suddenly be over with them as Governo! for the King, or Surveyo" Gen- eral, of the Customs in America.
And tho' the long Experience, the Inhabitants have had of the Justice and Veracity of Col! Hamilton, ought to have influenced a Beliefe of what he related to Us, upon his first comeing over, that the King had been Petitioned to approve the Proprietors choice of him for Governo" And that altho' the Council of Trade to whom the Petition was referred did not see fit to advise the King to grant the Approbation Petitioned for, Yet that at the same time, by the mouth of S! Philip Meadows. They were pleased to signifie to him That if he governed himself, according to ye Laws of England. The Proprietors would find wherewithall to Justifie themselves in Commissionating him, and him for acting under it, till the King's pleasure should be further known therein. Yet no Instrument being sent over to Command in the mean time, the obedience of the Inhabitants under the present Administrac'on. The giddy & factious part of the People lay hold on the above Lettersto justifie their breaking in pieces the whole fframe of Governm' and running yo! people into disorder & confusion And as it is impossible for people to live happy without Governm' So those moderate and necessary Taxes laid on the Province for Support -- ing thereof, wch in former times have been alwaies duely complyed with, are now refused to be paid by that part of the People, who impudently affirm. That ye Province was without Law or Legal Authority, And have threatened high against those Officers that would attempt to Levy it
The Governour and Justices of the peace Knowing it their absolute duty to preserve as much as in them lies the Order of Goverum! And haveing in order to it, took up some of these seditions and disorderly persons,
1701]
PETITION FROM W. JERSEY IN FAVOR OF HAMILTON. 379
who refused to find security for the good Behaviour. Men who industriously endeavoured the dissolution of the whole fframe of Governm. giveing it out That for want of the Approbation the Governo" here was no Governo" and the Province without Law tho' they very well knew, what stepp had been made to obtain ye Approbation. And that the not obtaining it was by no Neglect of the Proprietors but from a Reason of State And as an Instance that those Letters and Per- sons debauch'd the people into a beliefe that no Act of Governmt could be done under the present Adminis- trac'on, About three or four score of the disorderly peo- ple came to ye Town of Burlington in the Province aforesª the Eighteenth day of March last past in a Tumultuary and Riotous manner (takeing advantage of the Governo" being unprovided to Suppresse them because many of the Inhabitants of that Towne are such whose Religious Perswasions will not suffer them to bear Armes) and forcibly broke open the Prison and rescued two Persons who were under confinem' for re- fuseing to find Sureties for their good behaviour And were known to be very active in rayseing and contin- ueing our Troubles in the Governm' And since such enormities may grow to be of dangerous consequence if not timely p"vented.
We therefore Humbly pray, That the King will be graciously pleased to rebuke the Insolency of those Ill men, and Command their Obedience to the prsent Governmt that We may be quiet and safe as all Loyall and Peaceable Subjects desire to be till his Royal pleasure be further knowne concerning us. And (if it may be with decency exprest) We begg leave to say That nothing can lay the good People of this Province under a greater and more lasting Obligation then to remaine under the Care and Administrac'on of our p'sent worthy Governour of whom We have had long Experience, and have no cause to doubt but he will al-
380
NEW JERSEY COLONIAL DOCUMENTS. [1701
waies acquit himself with Honour to his Prince and Justice Prudence & Integrity to ye People, Which neverthelesse is most humbly Submitted
And Yo! Petitioners (as in duty bound) shall ever pray &c
of the Provincial Council
William Biddle Edward Hunloke, P Tho: Gardiner George Deacon John Thompson Jonª Beere And! Robeson
Sam11 Jenings, Speaker John Kay
Mahlon Stacy
Archaball Miggle
ffrancis Davenport
Simeon Ellis
Restore Lippingcot
Philip Paul
John Scott Sam! Hedge
Tho: Wilkins
W Hall
John Hand
Joh Woodrooffe
John Rambo
John Bacon
Thomas Thackera
John Reading: Cler:
Address of the Inhabitants of West Jersey, asking to be taken under the King's immediate government
[From P. R. O. B. T. Proprieties, Vol. 6, G 23.]
To his Sacred Majt Our Soveraign Wm the Third by the Grace of God King of England Scot- land France and Ireland Defend !. of the Faith &cª
The humble addresse of your Majtys most humble & Loyall Subjects Freeholders and Inhabilants in the Colony of West New Jersey in America.
In all humility sheweth.
That whereas your Majtys most humble & Loyall subjects have for many years inhabited in your Majtys sª Colony of West Jersey where with great hazards,
-
381
1701]
ADDRESS OF INHABITANTS OF WEST JERSEY.
Toyls & fatigues, We have been endeavouring ye maintenance of Our selves and poor Families, and ac- cording to our bounden Duty at all times (since your gracious Matys accession to the Crowne) have wth all cheerfulness manifested Our Loyalty to y' Majty tho' under a Proprietory Governo" where We have long been harassed by the arbitrary proceedings of those who have held the Reins of Government over us, and are now grown so headstrong and insolent, yt they would submit to no authority unless they could sway them to their own particular interests as hath been plainly evidenced by their behaviors under ye late administration of Jeremy Basse Esq in the Govern- ment of said Colony wherein it might be thought in credible (especially for a People who have profest themselves innocents) to relate not only their continued Affronts & insufferable provocations, both towards himself, and those who by Commission under him en- deavoured the conservation of the Peace, according to your Majt: Laws & their incumbent Duty; yet such were ye inveteracy of that sort of people, that notwith- standing all the Candid endeavours of said Coll Basse in his administration of the Government here, when the Magistrates who were by him commissionated ap- peared at the Court house to hold a Court for the keeping your Majtys Peace, they were not only kept out of the said Court house, but also with violence sett upon, assaulted, beat and some wounded, by a riotous number of Quakers, and others their adherents (as by a Copy of the Record thereof made and in the hands of the said late Gov" appears) upon complaint whereof the said late Gov'. Bass went in person to the Place & in opposition to him the Quakers with many others by their means, with Cololers Drums & Arms, were gathered together, who with high menaces declared their cruell intentions if he came there, whereupon the said late Governor having information thereof, called
382
NEW JERSEY COLONIAL DOCUMENTS.
[1701
sev1 Sober Persons to go along with him as a Guard to defend him from their Violence, and Came to the Court house door where the aforesd Riotous Crew were gatherd together but had then hid their Arms, but in- stead thereof many of them had furnished themselves wth formidable Clubs to oppose the sd Coll Bass and hinder his entring into the Court house which they kept lock't up and refused upon his peaceable demand to open the door, whereupon at his Order it was forced open and the heads of the same Rioters at the same Court presented, since which time the said Coll Bass being superceeded by a Commission to Coll Hamilton, the same Rioters instead of being called to Justice are many of them advanced some of them being chosen of the Gov"s Councill, Assembly Men, and others made Justices, and all Offices in their hands, so as those who peaceably Submitted to the preceding Government were greatly menaced & some presented and sued at their Courts for their due discharge of their duty & of late under their present administration, the Represent- atives having lessened the Countryes number thereof to ye one half, have laid a prodigious Tax (wth respect to our present indigencies) which tho' they call moderate yet it's so high, as there has never been the like since this was a Colony. & the Inhabitants mostly suppose; the summ it will amount to is not at this time in the Province, neither do the Inhabitants know what use they intend it for, save only some of them have given it out that they would raise a Summe of money to wage Law wth your Majty for the Governmt, which they would make us pay. We therefor humbly conceiving that assemblies here can make no Law, or lay Taxes upon y' Majtyes Loyall Subjects which the Gov' can give a sanction to, unless he had obtained y". Majtys Royall approbation as Gov", whereupon (altho' We peaceably acquiesse and are submissive to the Gov's administaation in all things relating to ye keep-
383
ADDRESS OF INHABITANTS OF WEST JERSEY.
1701]
ing your Majtys Peace) yet humbly conceive they have not power to take away ye Countries former Privi- ledges, or impose such heavy Taxes upon Us, and altho' we farr exceed the Quakers Parties in Numbers, yet by their close contrivances at their pretended monthly, Quarterly & yearly religious meetings, they outdo us in Elections, by giving out to others who are simple, and also as covetously inclined as themselves, that if they Vote not agst Us, & get an assembly of their own choice, We shall bring in the Black Coats or Preists (as they call them) & a Militia (which indeed We have not but lye naked to all enemies) by means of which Reports, they carry Votes agst Us, yet never- theless the Countrey finding they would not admit of the number of Representatives which by Law has been appointed, We your Majtys humble Suppliants were also elected to make up the former number & accord ingly met the other Part of the Representatives at the time and Place appointed, but were refused & rejected from offering Our advice with them, which we pro- posed for the Peace and tranquility of the Colony, So that We Still lye naked & open to all their unseason- ble impositions, which tho' We have been long Suffer- ers under, We should like poor Issacers have still bowed Our backs to bear, rather than to have presumed at this Juncture to crowd Our Complaints into your Majtys audience amongst the weighty affairs that lye before your Majt had We not been informed that the other part of the Representatives (who Lord it over us,) are sending an Address to your Majt the purport whereof We being Strangers to. We have therefore humbly conceived it an incumbent duty upon Us on the behalf of Our Selves & ye freeholders & Inhabitants of this Colony, by whom We are also elected their Representatives, humbly to prostrate this Our Ad- dresse at the foot of your Sacred Majty
And humbly implore y". Majty to take Us into your
384
NEW JERSEY COLONIAL DOCUMENTS. [1701
gracious protection, that We may be under Such Gov !. as shall more immediately act under your Majties Com- mission which we hope will calm and Screen us your Majtys humble and Loyall Subjects, from the Rage & Insolencies of those who otherwise will never be satis- fyed without trampling upon Us.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.