USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 30
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NEW JERSEY COLONIAL DOCUMENTS. [1701
behav'd himselfe As became a good man; Administer- ing Justice Equally to the Inhabitants, and discharging the trust by us repos'd in Him, with faithfullnesse and Truth; and on all ocasions procuring what assistance he could, of Men and money to the frontiers during the Last Warr wth France.
We begg your L'ps further to consider, that this is not onely the desire of (by far) ye major Part of ye Pro- prietors, here in England, but of all ye proprietors in America, and ye whole province of West Jersey, and of 5-6ths of East; and that it is Opos'd by none but M. Dockwra, and A small number of the meaner sort, who Sides wth one Bowne, who we can by no means Admitt to be Govern", unlesse we designe to have our Interests in that Country totaly ruin'd, as your L'ps will percieve, by A protest made in yt country, and Sundry depositions taken there, and are ready to be product before your Lordships.
We allso Intreat your L'ps, to look upon collo Ham- ilton as an Indifferent Person, and that there is no other reason to thinke him byas't to A party, then to thinke all the Magistrates in the world so, who En- deavour to punish those who breake ye Laws; Opose their Authority; and Obstruct ye Publique Justice.
It is rare to find in any human Societie, an agree- ment of all ye members; we are (by farr) ye majority, yt Pray that Collo Hamilton may be continued, Govern! of yt Province, and we humbly hope our desires may be complyed with. .
In behalfe of all ye Pro- prietors Residing in East Jersie.
L. MORRIS THO LANE PAUL DOCMINIQUE E. RICHIER FFRAN: MINSHULL MICHAEL WATTS
JOSEPH ORMSTON
for Edward Anthill Charles for all the Proprietors of Ormston and selfe. West Jersie
GILBERT MOLLESON
1701] RECOMMENDATIONS FOR THE COUNCIL OF N J. 417
Enclosed in the foregoing letter.]
Persons Recommended by ye Majority of the Pro- prietors of the Province of East and West Jersie to be of ye Councill in New Jersie.
LEWIS MORRIS
WILLIAM PINHORNE WILLIAM SANDFORD
SAMUELL LEONARD
JOHN JOHNSTONE
These are Persons of ye Best Estates in East Jersie.
ANTHONY PINTARD EDWARD EARLE
SAMUELL DENNIS of woodbridge
MILES FORSTER
Quaker SAMUELL JENNINGS EDWARD HUNLOCK GEORGE DEACON
These are persons of ye best Estates in West Jersie:
DANIELL LEEDS
Q. PETER FRETWELL THOMAS GARDNER THOMAS REVELL
Q. FRANCIS DAVENPORT
the Board may be Inform'd of ye characters of Persons in that Country by
S' Edmond Andross Collo Joseph Dudley Capt" Jasper Hicks Capt" Christopher Billop Capt" James Thomas M' Adolph Phillips M" James Mills M' Thomas Palmer the Reverend George Keith:
28
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NEW JERSEY COLONIAL DOCUMENTS.
[1701
Memorial of Jeremiah Basse to the Lords of Trade, asking to be heard before any final decision, as to the Surrender of the Government of East & West Jersey.
[From P. R. O. B. T., Proprieties, Vol. 6, G. 35 ]
TO THE RIGHT HONORBLE THE LORDS COMMISSES OF TRADE &"
THE HUMBLE Memorial of J Bass on the behalfe of His Majesties Province of East Jersie.
May itt please Your Lordshps.
Being Informed that some few of the Proprietors of the Jersies have made some proposals of surrendring their Pretentions to that Government vnto his Majesty, & have also petitioned for the Aprobation of their late Governor Hamilton but not being aqvainted with the termes of their Surrender or the contents of the saide petition I must humbly move on the behalfe of the saide Inhabitants least theare should be any thing thearin that may be derogotary to their just rights & interests that your Lordships would be pleased to Order Me Coppys boath of the saide Pretended Articles of Surrender & Petition that I may advice with Councill on the same & that your Lordships would be pleased to Allow me time if theare should appeare any thing contrary to the Interests of the Inhabitants to give in Reasons against either the saide Articles or Petition. This my Lords I am the rather Induced to Request of your Lordships in that I am advised by Council Learned in the Law That these Pretended proprietors of the Jersies have no Legal Title to the saide Govern- ment of the Jersies.
1701]
MEMORIAL OF J. BASSE ABOUT THE SURRENDER. 419
Because. The Grant of Government from King Charles the Second to James Duke of Yorke &e of the Jersies togeather with a much larger tract of Land was a personal trust & not by law Assignable to any others. The Grant from the saide James Duke of Yorke & to the the Proprietors of the Jersies of the saide Govern- ment ought to have passed to them All the whole extent of the land Mentioned in the Original Grant from Kinge Charles the Second & not have devided the same into Three distinct & independent Goverments as by the pretended grants to the Proprietors their Heirs & Assigns is apparant.
If the saide powers of Government May be Legaly boath Assigned & Divided The saide pretended Pro- prietors have no legal right to dispose of the same They being butt some part of those Gentlemen Grantees of the said Government & conveyed to them Joyntly with several Others who are not aqvainted with much less consenting to the saide pretended articles of Sur- render, from which reasons and many more to tedious to trouble your Lordships with the recital of I am ad- vised that the said Proprietors ought not to pretend to the nomination of any person to Your Lordships as Governor of the saide Provinces much Less the saide Andrew Hamilton Esq" who Not being a native borne Subject of England Ierland nor the Plantations is by Council Learned in the Law Deme'd to be vnqualified for the said trust by the Act made in the Seaventh & Eigth years of his majesty for the Regulation of the plantation trade In that The Governors of any of the Provinces have not onely the Com'isionating the Naval Oficers to take care of the Plantation trade butt Have also the Heareing & determining of all Causes by Ap- peale from any of the Lower Courts whearein the breaches of the saide Acts of trade & plantations are more perticulerly complained of & tried: & the saide Act doth Expresly provide That all places of Trust in
-
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NEW JERSEY COLONIAL DOCUMENTS. [1701
the Courts of Law or what Relats to the Treasurie in the saide Islands shall from the makeing this Act be in the hands of the Native borne Subjets of England Ire- land or the saide Islands, so that Not onely this clause but the whole designe & end of the Act being to Keepe the trade of the Plantations intirely in a dependance on England & the great cause of makeing itt being the Continued complaints of an Illegall trade Carried on by Scotchmen to Scotland Holland Curasoe &e & con- nived att by Such as vare in Authority an Instance wheareof I am informed was given by Edward Ran- dolph Esq" Survey" Gen11 of his Majestys Customs &e in this very Gentlemans open countenancing & abbet- ing on William Righton in bringing Scotch goods & into the provinces of the Jersies of which he was att that time Governor. I would humbly intreat your Lordships that I may be heard by my selfe & councill before your Lordships doe make any finall Report on the Articles or Petition of the saide Proprietors.
[September 30th 1701] J BASS
Lords of Trade to the Lords Justices, relating to the Surrender of the Governments of East & West Jersey by the Proprietors.
[From P. R. O. B. T., Proprietors, Vol. 27, p 244.]
To THEIR EXCELLENCIES THE LORDS JUSTICES
May it please your Excellencies ;
In obedience. to your Excellencies Commands signi- fied to Us by M'. Yard, upon severall Papers laid before your Excellencies relating to the State of his Majesties Provinces of East and West New Jersey in America.
We have considered all the said Papers togeather
1701]
THE LORDS OF TRADE RESPECTING THE SURRENDER. 421
with others of the like nature that were already in our hands, and having like wise heard what the Proprie- tors and others had to offer. We thereupon most humbly report to your Excellencies
That these Countrys which are now known by the name of East and West New Jersey were granted, ., together with Severall other Territories by King Charles the Second by Letters Patents bearing date the 12th day of March 1664 to the then Duke of York, his heirs and assigns, Together with full and absolute power and authority to him, his Heirs, Deputies, Agents, Commissioners & Assignes, to Correct, punish, pardon, govern and rule all such persons as did then or should at any time thereafter reside within the said Territories according to such Laws, Orders, Ordinances, Directions and Instructions as by the said Duke of York or his Assigns should be Established, and with Several other Clauses relating to the Govermt and de- fence of the same.
That the said Duke of York did thereupon grant, carry & Assign the said Provinces (by the name of Nova Caesaria or New Jersey) to John Lord Berkley and ST George Carteret their Heirs and Assignes, wth all and every the Appurtenances thereto belonging, in as full & ample manner as the same were granted to him by the foresaid Letters Patents of King Charles the 2ª
That his said Majesty King Charles the second by other Letters Patents, Dated the 29th of June 1674, did again grant and convey to the said Duke of York, all the said Lands and Territories in the same manner as before expressed; And that Severall Subdivisions and Sales having in the mean while been made by the said Lord Berkeley, ST. George Carteret and others claiming under them He the said Duke of Yorke did by Inden- ture dated the Sixth day of August 1680, Grant and Confirm the Province of West New Jersey, with all
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NEW JERSEY COLONIAL DOCUMENTS. [170]
the Appurtenances thereto belonging to Edward Byllinge of Westminster Gent in whom the Title there- unto then was, and to his heirs & Assignes for ever, and did in the like manner by Indenture dated the 14th day of March, 1682, grant and confirm the Province of East New Jersey with all the appurtenances thereto belonging to James Earle of Perth, William Penn Esq" and Several other persons in whom the Title to the Same then was, and to their Heirs and Assignes for ever. And by each of the said Indentures did like wise give grant and assign unto the aforesaid respec- tive Grantees or Assignees, all and every such and the same Pow's Authorities, Jurisdictions, Governmts and other matters & things whatsoever, which by the fore mentioned respective Letters Patents or either of them were granted or intended to be granted, to be exercised by him the said Duke of Yorke, his Heirs, Assignes, Deputies, Officers or Agents.
That the present Proprietors who derive their respec- tive Titles to their Several Shares and proportions of the soyle of those Provinces by Several mean Convey- ances from and under the fore mentioned Grants to Edward Byllinge & to the Earl of Perth and other persons to whom the Duke of York had immediately conveyed the same, doe in like manner and by virtue of diverse such mean Conveyances, claim the same Powers and Rights of Government as were granted by King Charles the Second to the Duke of Yorke and by him to others according to the Tenour of the foresaid Indentures.
That nevertheless we do not find that any sufficient form of Government has ever been settled in those Provinces either by the Duke of York or by those claiming under him as afores! But that many incon- veniences and disorders having arisen from their pre- tence of right to Govern, The Propriet". of East New Jersey did Surrender their said pretended Right to the
1701]
THE LORDS OF TRADE RESPECTING THE SURRENDER. 423
late King James, in the Month of Aprill 1688, which was accordingly accepted by him.
That since his Majestys Accession to the Crown, the Proprietors both of East and West New Jersey have continued to challenge the same Right as before, and did in the year 1697 apply themselves to Us in order to their obtaining his Majesties approbation of the person whom they desired to have constituted Governor of the said Provinces; But at the same time refused to enter into Security to his Majesty pursuant to the ad- dress of the Right Honble ye House of Lords of the 18th of March 1696, that the person so presented by them the said Proprietors should duly observe and put in Execution the Acts of Trade; Yet Nevertheless pro- ceeded, from time to time, to Commissionate whom they thought fit, to be Govern" of those Provinces without his Majesties Approbation according to what is required by the late Act for Preventing Frauds and regulating abuses in the Plantation Trade.
That in this manner having Formerly Commission- ated Collonel Andrew Hamilton, Afterwards M. Jere- miah Bass; Then again Superseding their Commission to M''s Bass and renewing or confirming that to Collonel Hamilton; And even Since that also Some of them having Sent another Commission to one Captain Andrew Bown. The Inhabitants Sensible of the de- fects and Insufficiency of all those Commissions, for want of his Majesties Authority, have upon Severall occasions Some of them opposed one of those Gover- nors, Some another, according as Interest, friendship or Faction have inclined them.
That the Inhabitants of East New Jersey in a Petition to his Majesty the last Year, complained of Severall grievances then lay under by the neglect or misman- agement of the Proprietors of that Province or their Agents; As particularly that from the latter end of June 1689 till about the latter end of Augst 1692 (which
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NEW JERSEY COLONIAL DOCUMENTS. [1701
was a time of Actual Warr) they had not taken any manner of care about the Government thereof; So that there having been neither Magistrates Established to put the Laws in Execut" nor Military Officers to com- mand or give directions in Order to the defence of the Province, they were exposed to any Insults that might have been made upon them by an Enemy. Unto which they also added, that during the whole time the said Proprietors have Govern'd or pretended to govern that Province, they have never taken care to preserve or defend the Same from the Indians or other Enemies, by Sending or providing any Arms, Amunition or Stores as they ought to have done; And the said Inhabitants thereupon humbly prayed his Majesty would be pleased to Commissionate Some fit person qualified according to Law, to be Gov! over them.
That it has been represented to us by Severall Letters, Memorials and other Papers, as well from the Inhabi- tants as Proprietors of both those Provinces that they are at present in confusion and Anarchy and that it is much to be apprehended, least by the heats of the Parties that are amongst them, they should Fall into such Violences, as may endanger the lives of many persons and destroy the Colony.
That the greatest number of the Proprietors of both those Provinces residing in this City, being hereby Sen- sible of the Necessity of His Majesties Authority for the preserving of Peace and good Order in those Countries, have lately presented a Petition to Your Ex- cellencies; in the preamble whereof tho' they still seem to assert their Title to the Government of the said Provinces, Yet nevertheless in the end declare that they have agreed and are ready to Surrender the same to his Majesty, upon such Terms and Conditions as are requisite for preservation of their Proprieties and Civill Interests; And they thereupon humbly pray, that for the preservation of the publick peace, Your Excellen-
1701]
THE LORDS OF TRADE RESPECTING THE SURRENDER. 425
cies would be Graciously pleased immediately to ap- prove Collonel Hamilton to be Governor of both the said Provinces of East and West New Jersey until the Terms of Surrender can be adjusted.
That in a late Memorial presented to your Excellen- cies (and signed not only by the same persons, but by others likewise, who wou'd not joyn in the Prayer of that Petition) having again prepaced [?] their own pre- tended right to Government; They do in like manner declare their readiness to Surrender the same, In humble hope and Confidence (as they express them- selves) that his Majesty will be pleased to grant them all reasonable privileges which are necessary to preserve their Civill Rights and the Interests of Planters, and which are not inconsistent with his Majesties Service or Royal Authority, after which they proceed to pro- pose, and particularly enlarge upon Several Articles relating to the Method of Settling both the said Prov- inces and uniting them under one Government.
That the Proprietors of East New Jersey, residing there, have signed and sent over hither, to a Gent, whom they have constituted their Agent and Attorney in that behalf, an absolute and unconditional Surrender of their Right to the Government of that Province so far as the same is in them And so far as they are Capable of doing it for others concerned with them in that Propriety.
That in relation to the foresaid Articles, We have been Attended by Severall of the Proprietors here, who have further personally declared to Us, that their in- tention in proposing the same is only to secure their right in such things as are matter of Property, and that they Unanimously desire to Surrender the Gov- ernment to the King, and Submit the Circumstances thereof to his Majesties Pleasure. But in relation to the fore mentioned Petition, that Collonel Hamilton may at present receive His Majesties approbation to be
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NEW JERSEY COLONIAL DOCUMENTS. [1701
Governour of these Provinces, the said Proprietors are so divided amongst themselves, that whereas some seem to insist upon his Approbation as one principal Con- dition of their Surrender others in the same manner insist up" his Exclusion.
Upon all which we humbly Represent to your Excel- lencies.
That not being satisfied that the fore mentioned Grants from the Duke of Yorke (the only Title upon which the said Proprietors Claim a right to Govern- ment) without any direct and immediate Authority from the Crown, were or could be of any validity, to convey that Right (which we have been informed is a power inalienable from a person to whom it is Granted, and not to be Assigned by him unto any other, much less divided, Subdivided and convey'd from one to another, as has been done in the present Case) We did thereupon humbly represent to his Majesty the 18th of Aprill 16^9, that a Tryal might be had in Westminster Hall, upon a feigned issue, whereby their Claim to the right of Government might receive a determination.
That no such determination having yet been made, nor any proceedings (that we know of) had upon the fore mentioned Surrender. But it being generally acknowledged both by the Inhabitants and Proprietors of the fore said Provinces, that the disorder and Con- fusion they are now fallen into are So great, that the publick Peace and Administration of Justice is inter- rupted and violated; And that whilst those disorders continue, there neither is nor possibly can be, any due provision made for the guard and defence of that Country, against an Enemy; We are humbly of Opinion, that it is very Expedient for the preservation of those Territories to the Crown of England, and for securing the private Interest of all persons concerned. That his Majesty would be pleased to Constitute a Gov- ernour over those Provinces by his immediate Com-
1701]
THE LORDS OF TRADE RESPECTING THE SURRENDER. 427
mission; Which together with the Instructions to be also given to the said Governor, may contain' such Powers, Authorities and directions, as may be neces- sary for the Establishing there a regular Constitution of Government, by a Governour Councill and Generall Assembly, with other Civill & Military Officers, and for securing to the Proprietors and Inhabitants all their Proprieties and Civill Rights in as full and ample manner as the like are enjoyed by any Plantation und". Governours appointed by his Majesties immediate Commission; Together with such Clauses and further Provisions as may be thought reasonable in Order to prevent the interfering of that Colony with the interest of his Majesties other Plantations as the Proprietary Governments in America have generally done
And we further humbly offer that Draughts of such a Commission & Instructions may be prepared; And that they may be also shown to ye Propriet's of those Provinces, in Order to their acquiescence & the Sur- rend! of their pretended Right to Governmt in such manner & form as may be effectual in Law, to the final extinguishing of their pretences. Or in case of their refusal, in Ord' to such other proceedings as shall then be thought fit
All wch nevertheless is most humbly Submitted
Phil: Meadows
Jnº. Pollexfen
Abr: Hill
Mat. Prior
Whitehall Octobr. the 2ª 1701
[Under date of October 5th, Secretary Yard informed the Lords of Trade that the Lords Justices had directed that they proceed to prepare the draft of the Commis- sion and Instructions they proposed .- ED.]
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NEW JERSEY COLONIAL DOCUMENTS. [1701
Chief Justice Atwood to the Lords of Trade.
ĮFrom N. Y. Col. Doc'ts., Vol. IV., p 923.]
To the Rt Honble the Lords Commissioners for Trade and Plantations.
My Lords *
(Extract)
In a short intervall of publick business here, I went to Burlington, where I published my Commission for West Jersey and tooke the Oath and signed the test and association in Council before Coll Hamilton, whose authority in the other Jersey is much disputed.
My Lords Your Lordships most obedt & most devoted humble Servt
W. ATWOOD.
New Yorke Oct 20 1701
Secretary Popple to Sir Thomas Lane Knight.
[From P. R. O. B. T. Proprieties, Vol. 27, p 312.] To St. Thomas Lane Knight.
Sir.
I am commanded by the Lords Com'isson's for Trade and Plantations to send you the inclosed Draughts of a Commission and Instructions for a Governour for his Majesty's Province of New Jersey, prepared by Order of their Excellencies the Lords Justices; That you may communicate the same to the Proprietors of both the. Divisions of East New Jersey and West New Jersey, for their Observations thereupon; Which their Lord-
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1701 | GOV. AND COUNCIL FOR W. JERSEY PROPOSED.
ships desire may be made and returned to them with all convenient speed, in Order to such further proceed- ings as shall be found necessary for the settling of that Province in a due form of Government. I am &c
W: P:
Whitehall November the 14th 1701
Names of Persons proposed for Governor and Council of New Jersey by the Proprietors of West Jersey.
[From P. R. O. B. T. Proprieties, Vol. 6, G 45.] Names of persons proposed by Sir Tho: Lane and other prop's of West New Jersey for Gov! and Councill of Nova Caesaria.
Names of Councellours. And Govern". Collo Andrew Hamilton; Esq": Govern"
E. N. J.1 1 Lewis Morris
2 Edward Hunloke
E. N. J.
3 Andrew Bowne 4 Samuell Jennings
5 Thomas Revell
6 Francis Davenport
Councellors
E. N. J. 7 William Pinhorne
E. N. J.
8 Samuel Leonard
9 George Deacon
E. N. J. 10 Samuell Walker
11 Daniell Leeds
E. N. J. 12 William Sandford
1 The names having "E. N. J." attached, from East Jersey, the others, from West Jersey .- ED.
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NEW JERSEY COLONIAL DOCUMENTS.
[1701
Names of Persons proposed by the Proprietors of East New Jersey to be Governor and Council of New Jersey.
[From S. P. O. B. T. Proprieties, Vol. 6, No. G. 23.]
NAMES OF PERSONS proposed by ME. Dockwra and other proprs of East New Jersey for Gov! and Council of Nova Caesaria.
THE PROPRIETOKS OF THE PROVINCE of East-New- Jersey in America, In Obedience to yo". LoPS Directions, Doe humbly prsent the ffollowing List of Persons, together with their respective Character and quallifications. For Governor and Councill of the intended Province, to be call'd Nova Caesaria, or New-Jersie.
FOR GOVERNOR
Andrew Bowne Esq! present Governor of East-New- Jersie, a man of Probity, much esteem'd in the Prov- ince, of Unblemisht Reputation and intirily affected to His Majties person & Governmt
OR
Major Richard Ingoldesby well known to have Sig- nallized himself by many good services to His Country and in the year 1688 came over from Holland wth His Majtie was then honored with the first Commission for Major, and served in Coll. Tolmash his Regiment, afterward in Ireland wth exemplary courage & conduct before Carick-fergus & maintaining that notable pass of the Newry, and since went abroad to His Majties Col- lony of New-York, being well acquainted with the Countryes in that Neighbourhood. And on the death
1701 E. JERSEY NOMINATIONS FOR GOV. AND COUNCIL. 431
of Governor Slaughten com'anded in Chief in that Province to the generall satisfaction of ye Inhabitants for which he has ample & authentick Testimonialls. And particularly is recommended to the West-Jersey- Society as well as to ye Proprietors of East-Jersey, by His Grace the Duke of Ormond, to be presented to yo". Lopps to Report the said Majors Character & merrits to His Majesty in hopes of His Grace & ffavour to ap- point him His Majties Governor of Nova Caesaria or New-Jersie.
For Members of the Councill for East-Jersey Divission We present.
Lewis Morris Esq".
Mr Sam Walker
Andrew Bowne Esq M: Wm Pinhorne
if his Majtie please to M: Sam: Leonard
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