USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 29
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Their Endeavors, had ye Effect they Propos'd, as apears by the severall records Nº (1, 2, 3, 4, 5,) now Laid before yor L'ps, and to Consumate ye Worke, so well begun, & Successfully carried on; they did on ye
401
LEWIS MORRIS ON NEW JERSEY DISORDERS.
1701]
25th of March 1701 Rescue a pyrat, one of Kids crue, from ye Barr; seise ye Govern". & Justices, as by Record Nº .: (6) do's more at Large appeare.'
On ye 7th of June 1701 Ariv'd a new comission, from part of the proprietors of East New Jersie, Impowering Captn Andrew Bowne, (one of the Petic'oners & one of ye Councell yt did not advise & assure ye Proprietors, y. no Governour by them Comisionated would Satisfye ye People, without his Majesties Aprobation, as Apears by ye 2ª paragraph of ye Petic'on.) to be Govern' of yt Province
Coll. Hamilton resolves, not to Surrender ye Gover- ment, unlesse Capta Bownes Com'ision, is signed by two thirds of ye Proprietors; as by their agreements among themselves, it ought to be If it be Enquired Into, I feare few of their comissions, has had that Sanction, for they are divided, & five of one party (wch is about one fifth ye whole) hatcht this last comis- sion in A corner; & one of that Number, having the keeping of their Publique Seale, affixt it to it, and sent it into America; without ye knowledge, & consent, of most of the rest, Som of them being Ignorant of it, untill (to their great Surprise) they heard of it from America.
Att this rate my Lords, we may have new Gover- nours, by Every Ship from England; and none of them, with y' Sanction Requisite, even by there owne Con- stitutions.
Government is prostituted in ye Hands of such people. I hope our Present, Unhappy Circumstances, & ye Illegality, & Ill consequences, of ye Proprietors Procedures, will move your L'ps to take such methods, as may be for His Majesties honour and our safety
In West Jersie M' Basse arriv'd, about ye same time he did in East, ye Assembly then Sitting, but M' Basse
1 See page 362 of this volume .- ED.
27
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NEW JERSEY COLONIAL DOCUMENTS. [1701
not Producing, His Ma'ties Aprobation, ye Assembly Rejected him, & did refuse to act wth him, or recog- nise him as Governour.
Mr Basse made a Councell, and Some other Magis- trates who made Some few Efforts, to assert his Authority, but ye Generality of ye Country being Against them they had no Effect, but setting ye People together by th' Ears. This was the State of that Country till Coll. Hamilton ariv'd; the Assembly was then Sitting: Coll? Hamilton Produc't ye Proprietors Comission; acquainted them what steps had been made, to obtein his Ma'ties Aprobation. & y' it could not be Had, during ye Present circumstances of things.
The Assembly, having Experimented ye Ill effects of Confusion, and Judging a Lame authority to be better than none, (though they thought Coll. Hamiltons, not to be such) did recognise Coll. Hamilton; and so did ye Country In Generall, till ye Assembly (to defray ye nec- essary charges, of yt Goverment) Rais'd a Tax; wch so disoblig'd yt Party, y' adher'd to M' Basse, yt they made use of ye Present ocasion; & arguments Against paying of money, meeting generally with favourable Auditors, they gain'd to themselves, a party concider- able enough, to disturb ye publique Peace; & are got to yt Height, y Sometime in March Last, about Eighty of them, Came into ye Towne of Burlington, & at noon day broke open the Prison, & tooke away, one Comit- ted (I supose) because he would not give security for His good behavior.
I Have Laid before your L'ps ye truth of Fact; & your L'ps by comparing ye names of ye Petic'oners of East Jersie, wth ye Names in ye Records of the severall riots, comitted in yt Province Will find, those riots to be made by those persons, who are now ye Petic'oners; Especially yt Remarkable Ryot, or rather Rebellion, comitted on ye 25th of March, as by Record Nº (6) ap- ears which I Lay before your Lordships, as a complaint,
403
LEWIS MORRIS ON NEW JERSEY DISORDERS.
1701
& begg those persons may have, an Exemplary pun- ishment.
The Petic'oners complain of ye Hardships they Lye under; Which are no other, y! what theire unwarant- able practises, have brought upon y"selves and Others; who had they Paid that Submission, was necessary to the Conservation of ye Peace, those Provinces had been Happy, and Your Lordships, not Troubled with Their Murmurs.
There is A necessity the Prayer of their Petic'on be Answer'd, and I presume there is no Expedient, can Settle those goverments but giving A Formall aproba- tion, to ye Proprietors Governour, and Comanding yª Peoples obedience, till his Majesties pleasure be ffurther Knowne or comissionating Som person, (to be Gover- nour of those Provinces) under ye broad Seale.
Our Present bleeding, and Unhappy circumstances, makes us fit objects of your L'ps Care, and pittie, I begg that our setlement; May by any means, Speedily be Acomplis't, & yt I may be Accounted:
My Lords Your Lordshipps most Obedient And Faithful Servant & Friend
London August 5th 1701.
Morris
·
404
NEW JERSEY COLONIAL DOCUMENTS.
[1701
Memorial of the Proprietors of East and West Jersey, submitting their views relative to the Surrender of their Governments.
[From P. R. O. B. T. Proprieties, Vol. 6, G 29-4, and printed in Grants & Conces- sions, p 599.]
The Humble Memorial of the Proprietors of the Provinces of East and West New Jersey in America.
Though the Proprietors are advised by their Council, that their Right to Ports within those respective Provinces was fully asserted, and their past adminis- tration of the Government of those Provinces as fully Justified at the late Tryal had in the Court of Kings Bench, between Mr. Basse and the Earl of Bellomont; they are notwithstanding ready and desirous in Obedi- ence to his Majesty's Pleasure, to surrender all Right of Government there, in humble hope and confidence, that as his Royal Wisdom prompts him to resume the American Proprietary Governments into his own more immediate Administration, so his Justness and Good- ness will incline him to grant the Proprietors all reasonable Privileges, which are necessary to preserve their civil Rights and the Interests of the Planters, and which are not inconsistent with his Majesty's Service or Royal Authority.
To which they humbly propose and pray.
First. That his Majesty will grant and confirm to them, their Lands and Quit-Rents, with such other Liberties, Franchises and Priviledges as were granted to them by the late King JAMES, when Duke of York, or have been granted by his Majesty to other Proprie- tors of Provinces in America, except the Powers of Government.
1701 | E.J. PROPRIETORS ON SURRENDER OF GOVERNMENT. 405
II. That his Majesty will grant to them the sole Power of purchasing from the Indians, all lands lying within these Provinces, which remain unpurchased from them, and that all other Persons, who have pur- chased or shall purchase Lands from the Indians, either with or without Licence first had from the Proprie- tors, and who have not already taken Patents, shall be obliged to take Patents of such Lands from the Pro- prietors, under a moderate Quit-Rent; and in default thereof, their Title from the Indians to be declared null and void. This the Proprietors humbly conceive will be necessary, as well to vindicate his Majesty's Royal Right, as their own Property under him, because the Planters have lately taken up and promoted an Opinion, that the King's Right to all American Countries discovered by English Subjects, is only Notional and Arbitrary, and that the Indian Natives are the absolute Independent Owners, and have the sole disposal thereof; and some of the Planters, who have made such Purchases of Land from the Indians, refuse to take Patents from the Proprietors, Grantees of the Crown, and others who have taken Patents, refuse to pay the Quit-Rents reserved.
III. That the Inhabitants of both Provinces may have the same Liberty of Trading with the Indians, as the Inhabitants of New York, or of any other Planta- tion in America, under his Majesty's immediate Gov- ernment do or shall enjoy.
IV. That the Port of Perth-Amboy, in East-Jersey, and the Ports of Burlington, and Cohanzie in West- Jersey, may be established Ports of these respective Provinces for ever; and that no Ships bound to any of these Places shall be obliged to enter at any other Port, nor any Ships to be laden there, shall be obliged to clear at any other Port; and that Officers may be appointed at such Port for collecting the Customs and seeing the Acts of Navigation duly executed.
.
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NEW JERSEY COLONIAL DOCUMENTS. [1701
V. That the Proprietors may appoint Surveyors Gen- eral and other Officers, for surveying and recording the Surveys of Land granted by and held of them.
VI. That the Proprietors of East-Jersey, may hold three Markets in every Week for ever, on Tuesday, Thursday and Saturday, for all manner of Cattle, Goods and Merchandizes at Perth. Amboy, and four fairs in every year, these to begin the [ ] Monday in the Months of [ 1
and each Fair to continue six Days; and that the Pro- prietors of West-Jersey may hold the like Number of Markets in every Week, for ever on Monday, Wednes- day, and Friday at Burlington in West-Jersey, and four Fairs in every Year, these to begin the [ ] Monday in the Months of [ ] and each Fair to continue Six Days
VII. That East and West-Jersey, may be erected into one distinct Government, and have one General Assembly for making Laws for the good of both Provinces, to sit alternately at Perth Amboy in East- Jersey, and Burlington in West-Jersey; and that such General Assembly may be elected every Year in the Month of [ ] and may meet on the first Mon- day in October, and oftener if need be.
VIII. That the General Assembly may consist of Thirty Six Representatives to be chosen in manner following, viz two by the Inhabitants House-holders of the City or Town of Perth-Amboy in East-Jersey; two by the Inhabitants House-holders of the City or Town of Burlington in West-Jersey; Sixteen by the Free- holders of East-Jersey and Sixteen by the Freeholders of West-Jersey; but that no Person shall be capable of being elected a Representative by the said Freeholders, or afterward of sitting in General Assembly, who shall not have one Thousand Acres of Land of an Estate of Freehold in his own Right within the Province, for which he shall be chosen; and that no Freeholder shall
1701] E. J. PROPRIETORS ON SURRENDER OF GOVERNMENT. 407
be capable of electing said Representatives, who shall not have one Hundred Acres of Land there in his own Right of an Estate of Free-hold: and that this Number of Representatives shall not be inlarged or dimisnished, or the manner of electing them altered, otherwise than by Act of General Assembly, and the Approbation of his Majesty, his Heirs and Successors.
IX That the Governor's Council may consist of In- habitants of both Provinces whereof an equal Number to be chosen out of each Province.
X That all necessary Officers and Courts for Admin- istration of. Justices in Cases Criminal and Civil, be established in each Province, and that one Supreme Court may be held for both Provinces twice in every year at Perth-Amboy in East-Jersey, and Burlington in West-Jersey, alternately; in which Court all Writs of Error or Appeals in the nature of Writs of Error from any other Courts within these Provinces shall be brought and determined; and that this Court may consist of the Governor's Council and the three Capital Judges of each Province (except such of them who pro- nounced the first Judgment, Sentence or Decree) or of any seven of them, whereof two of the Council, and three Judges for the Time being shall be five, and every Member of the Court who shall be present, shall have an equal vote, saving that where the Court shall be equally divided in their Opinions, the eldest of the Council shall have a decisive Vote.
XI. That no Appeals to the King may lye in Per- sonal Actions, when the Cause of Action is of less Value than two Hundred Pounds.
XII. That all Protestants may be exempt from all penal Laws relating to Religion, and may be capable of being of the Governor's Council and of holding any other Publick Office, though they do not conform to the discipline of the Church of England, or scruple to take an Oath; and that an Instruction be given to the
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NEW JERSEY COLONIAL DOCUMENTS. [1701
Governor for procuring a Law to pass in the General Assembly for substituting some proper Declaration in the Place of an Oath.
XIII. That his Majesty will be pleased to permit the Proprietors to nominate the first Governor.
XIV. That all such further Priviledges, Franchises and Liberties, as upon Consideration shall be found necessary to the good Government and Prosperity of the said Provinces, and increasing the Trade thereof, may be granted to the Proprietors.
WALTER BENTHALL E. RICHIER
JOSEPH ORMSTON
JOSEPH ORMSTON, as having
Jos. BROOKSBANK
procuration from Miles
DAN. COX JUNR.
THOMAS LANE
Forster and Edward An- till
PAUL DOMINIQUE
GILBERT MOLLESON
JOHN BRIDGES
THOMAS BARKER
MICHAEL WATTS
CLEMENT PLUMSTEAD
THOMAS SKINNER THOMAS COOPER
THOMAS HART.
WILLIAM DOCKWRA
August 12th 1701
Memorial of the Proprietors of both East and West Jersey, asking for the approval of Andrew Hamil- ton as Governor until the Surrender of the Govern- ment can be perfected.
[As printed in Grants and Concessions, p 591.]
To their Excellencies the Lords Justices of England. The Humble Petition of the Proprietors of the Prov- ince of East and West-Jersey in America. Sheweth.
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
409
1701] PROPRIETORS ASK FOR HAMILTON AS GOVERNOR.
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 administred the Government to the great Service of the Crown and Universal Satisfaction of the Inhabitants, until an Act of Parliament passed in the seventh and eight Years of his 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 Plantations, your Petitioners for avoiding any Colour of Offence against the Act of Parliament, appointed one Jeremiah Basse, Governor of those Provinces; but the Lords of the 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 were 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 Gover- nor, with the Knowledge and implicite Consent of his Majesty and his Ministers of State, yet for want of an Express Approbation in Writing, the Inhabitants re- fused to obey him, and we returned for England.
Whereupon your Petitioners who had been informed of the Opinions of his Majesty's late Attorney and present Sollicitor General, that a Native of Scotland, was not disabled to execute any Office in the Planta- tions, were reduced to reappoint the said Colonel Ham- ilton, (then in England) Governor of those Provinces, whom your Petitioners presented to the Lords of the
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NEW JERSEY COLONIAL DOCUMENTS. [1701
Committee of Trade and Plantations, humbly remon- strating to them the necessity of sending a Governor for preservation of the Publick Peace, and praying their Lordships Recommendation of him, for his Maj- esty's Approbation, but their Lordships having resolved to controvert 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, the 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 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 vio- lated, and the publick Justice obstructed.
That your Petitioners have agreed and are ready to surrender all their Right of Government to his Majes- ty, upon such Terms and Conditions as are requisite 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 Prov- inces, your Excellencies will be graciously pleased im- mediately 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, junr.
Paul Dominique, Thomas Hart,
411
APPOINTMENT OF MILITIA OFFCERS. -
1701]
Thomas Skinner, John Bridges, Michael Watts,
E. Richier,
Clement Plumstead,
Thomas Cooper,
Gilbert Molleson,
Walter Benthall,
Jos. Brooksbanke, [July 1701 ?]
Joseph Ormston,
Joseph Ormston, as having procuration from Miles Foster and Edward Ant- hill,
Thomas Barker.
Lord Cornbury to the Lords of Trade, asking for such an extension of his authority, as will allow of his appointing militia officers in New Jersey and Con- necticut.
[From New York Col. Docts., Vol. IV, p 912.]
To the Lords Commissioners for Trade and Planta- tations.
The humble memorial of Edward Lord Cornbury. Sheweth.
That having perused his Commission for the Gov- ernment of New York, he finds that the command of the Militia in the Jerseys and the Province of Connecti- cut is placed in him; but he humbly conceives that he shall not be able to serve the King so usefully as he de- sires to doe in that matter, unless he may have a power (by commission) to nominate the Officers of the Militia in the said Provinces of East and West Jersey and Connecticut, which he imagines may the more easily be granted, because the Militia in all the parts belonging to the British dominions, is by Act of Par-
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NEW JERSEY COLONIAL DOCUMENTS.
[1701
liament lodged in the King; and without such a power he presumes his command over the said Militia will be but precarious. * * * * * * *
Your Lordships most faithfull humble servant, September the 2ª 1701
.
Lewis Morris to Secretary Popple, relating to the sur- render of the Government of the Proprietors of East and West Jersey.
[From P. R. O. B. T. Proprietors, Vol. 6, G 32.]
Lre from Mr Morrice, wth a Mem! from ye Proprie- tors of East and West Jersey, relating to ye Surrender of their Title to ye Gov't of those Provinces; With the Names of Persons to be of ye Council of New Jersey. Sir.
Among the Proprietors Propositions, I think there is but 5 articles, y' can admit of any dispute. Those are the 4th 7. 8. 9: and 13th. I will by this, give you ye Proprietors Sentiments of them, their reasons for ask- ing them, and how far they are Willing to agree; wch may be of some help to you, in ye Drawing ye report, I understand you are About. The Proprietors thinke, they have an Indisputable right, to ye goverment, as well as to ye soile of those Provinces, ye Government has been verry chargeable to them, and is a feather, they are verry willing to part with; but they will
413
RELATING TO SURRENDER OF E. AND W. JERSEY.
1791]
eather chuse, to stand a tryall in Westminster Hall, or apply themselves to ye House of Commons, then they will make a Surrender, even of that same chargeable feather, if their Properties, and civill rights cannot be well asur'd to them, and though their L'pps, and your- selfe have Promis't them, that there shall be no Invasion of them, yet, they thinke they shall be great Sufferers, if those articles are not (if not Absolutely, yet) in some measure complyed wth. As 1% for ye 7 !! article, if those two Provinces, be anex't to any other, (at this Juncture) before they can Adjust, their matters in them, and fix their titles, both to their Own land, and to the Persons they have made grants too, they thinke it will be much to their damage, and even if that article, is granted they cannot so well adjust those things, if they have not ye 13! Complyed wth, and Collo Hamilton for their Govern". their affairs at Pressent, are Verry unsetled, and it is morrally Impossible they can fix them, Otherwise then to their great Losse, if they have not some body, thats well aquainted wth the In- tricacy of them, and that no body in ye world is, but Collo Hamilton. Lastly since they are going, to Put themselves on the levell wth the people, it will be no small advantage to them, that ye People thinke they have Interest Enough, to recomend a Governour, and it will make them cautious, of Invading their Proper- ties, wc! they are Verry Prone to do, as their L'pps are Inform'd by ye 2ª Article.
the 4th article, they thinke is absolutely necessary, and they believe, they have a Judgment of Court for it, but they are not desirouse of having Ports, under greater advantages than their Neighbours Enjoy, they will aquiesce in Such Reasonable measures, as their Lordships shall please to take. The choyce of the councell, in ye 9th Article they leave to his Majestie, but they would have them chose Equally out of both Provinces; least in ye first assembly, one province may
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NEW JERSEY COLONIAL DOCUMENTS. [1701
have an advantage over the Other, and make Some act of Assembly, to Keep the disparity for ever. the Eighth article, is ye Limiting ye number of Assembly men, their Quallifications, their L'pps may alter the number if they thinke fit. the Proprietors Judges that number ye ye fittest, and as to their qualifications, its only modally-different, from ye House of Commons in Eng- land. the Proprietors, and Severall Persons in that country, have large tracts of Land, and if every body, were admitted (though of Never so little worth) to be Lawmakers, those Persons of best Estate in ye Coun- trie, and ye Prop".s Interests, would be at ye disposall, of ye tag, rag, and Rascallity. These S' are ye Proprie- tors Reasons, and I hope in youre Opinion, they are good Reasons, as to the method of Grantiug those things, they leave it to your Lordships.
The pressent circumstances of things, in that Country, requires that there be some thing Speedily done, and if there was an Order sent, comanding an Obedience to Collº Hamilton till matters was adjusted (which I feare will take up some time) it might hinder ye Spilling abundance of humane blood. Inclos'd are Some names of Persons for Councellors, and Some Papers wch came from Jersie, if there is any other perticuler, relating to yt Country, wch you thinke fit to be apris'd of. If I can do it, you man comand.
SI Your Most Obedient Servant
L. MORRIS. Sept: 13: 1701
415
MEMORIAL TO THE LORDS COMMISSIONERS.
1701]
Enclosed in the foregoing. ]
TO THE RIGHT HONBIE THE LORDS COMMISSIONERS FOR TRADE & FOREINE PLANTATIONS.
THE HUMBLE MEMORIALL of the Greatest part of ye Proprietors of the Provinces of East and West Jersie.
May it Please your L'ps.
We are humbly of opinion, yt the right to ye gover- ment of the Provinces, of East and West Jersie (untill we do make a Surender of it, or untill we are disposest of it by due course of Law) is Lodg'd in us, and as we are Willing to part wth this right, and put those gover- ments, under his Majesties more Imediate Administra- c'on; and to that End Have presented our Humble memoriall, to their Excellc's: the Lords Justices (wc? is by them refer'd to your L'ps) conteining such condi- tions, as we are Willing to make this Surendr upon we! we presume are no other, then Such as will Secure to us Our civill Rights; and to ye Inhabitants of those Provinces, Such priveledges as is necessary they should Enjoy; and Which we Humbly hope, your Lordships will advise His Majestie to grant: And more Especi- ally the thirteenth article of ye said memoriall, with- out wc! we thinke our properties cannot well be secured; and without which in Our Opinion, we cannot be safe in making A Surrender.
We do therefore most Humbly Propose and Pray, yt Collo Andrew Hamilton (in whom we have an Entire confidence yt he will put in Execution ye Acts of Navi- gation, and Sedulously act on ye behalfe of His Majes- tie, in pursuance of such Instructions as he shall from time to time Receive) may be Governour of that Province He having during his past Administration,
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