USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 31
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nominat Major Ingoldesby
MI. Wm Sandford
His Governor.
The six Persons abovementioned To the best of our knowledge or information are the most fitt to be pre- sented to yo'. Lopps for members of the Councill to His Majties Governo!
Willrocknova. & Thot. Barkov
Jefer Sonmans
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NEW JERSEY COLONIAL DOCUMENTS.
[1701
Secretary Popple to Attorney General Northey, asking him to consult with the Lords of Trade upon the Surrender of the Governments of East & West Jersey.
[From P. R. O. B. T., Proprieties, Vol. 27, p. 317.]
To Edward Northey Esq" her Majestys Attorney Generall.
Sir.
The Lords Commissioners for Trade and Plantations having under Consideration by Reference from the Late Lords Justices, some Proposalls made by the Pro- prietors of East & West. New Jersey in America relating to the Surrender of thelr pretended Right to the Government of that Country, Their Lordships desire you would please to call in at their Board on Thursday or Friday morning next (which may best suit with your Conveniency) about Ten of the Clock; In order to advise with them about the Methods in which that Surrender may most fitly be made.
W: P.
Whitehall December: 9th 1701.
Objections to the appointment of Andrew Hamilton as Governor of New Jersey, presented by William Dockwra.
[From P. R. O. B. T. Proprieties, Vol. 6. G 48.]
Paper of Objections against Coll: Hamiltons being made Governour of New Jersey, presented to the Board by ME. Dockwra &c. Decr 16th 1701
The Following Account of Coll: Hamilton & his Pro- ceedings whilst Govern". & Agent in the Provinces
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OBJECTIONS TO AND. HAMILTON AS GOVERNOR.
1701]
of East and West Jersey, is humbly Presented to your L'dpps.
In the year 1687 Coll Hamilton had a Commission sent from ye Committee [by the] Proprietors of East Jersey under the Province Seale in London, By which he was obliged to follow Such orders and Instructions as he should receive from the said Councill of Proprietors in London.
In his Administration under this Commission In- structions and orders were sent from time to time which he was required to put in Execution, But directly contrary to the same, in Breach of the Trust reposed in him, to the great Loss and Dishonour of the Proprietors.
After many Letters of complaint from the Proprie- tors, he took shipping [for] England. But in his Passage hither was taken by the French, and as [ . . ] the Proprietors lost all the coppies of those Books and papers which he pretended would have put him in a capacity of giving a better accounte of his Administra- tion and of excuseing himselfe; This Insinuation joyn'd to the Fair promises of [ . . . ] better Administration at his Return to Jersey, and that he would give [ . . . ] satisfaction for his former offences, and the Pitty the Proprietors had of his misfortunes Prevailed with the Proprietors to grant him a new Commission in the year 1692.
Under these [this?] Commission He had repeated orders and Instructions, But notwithstanding all his Promises and the continued Importunity of ye Prop- [rietors] to have an account of his Former proceedings: He persisted in the [discharge?] of his duty not observ- ing any of their orders, and to this day have never given an account of any One years Transactions in the Province.
The Proprietors of East Jersey Provoked by such
29
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NEW JERSEY COLONIAL DOCUMENTS. [1701
usage joyn'd with the Society of West Jersey: and sent over Coll: Bass in the year 1697 with their Com[mis- sion] of both Provinces, thereby superceeding Coll: Hamiltons [ ] Commission which his Faction resented in that manner that tho' Coll: Bass received Instructions from this Honble Board Signed by the Lords Justices and Counter Signed by the Lords of the Treasury having his Dispatches from hence, and Em- barking on the same man of Warr with the Earle of Bellomont, and had a Dedimus Protestation under the Broad Seale of England. By which he was Sworne by my Lord Bellomont in New Yorke; notwithstanding all this, they denied his Authority and Publickly affronted the said Governour Bass & Judges in open Court as appears by many Letters and Affidavits.
This Opposition was the first occasion of the Heats and Animos[ities] in those Provinces and laid the Foundation of all those fewds & Com[plications] which continue to this day.
Coll: Hamilton after the Province was sett on Flame by his Incen[diaries] took advantage of those confusions Returned to England; insinuating [him]Selfe in to the Favour of Some of the West Jersey Society (who were Ignorant of his Proceedings under the Commission of the East Jersey Proprietors) and by his relation of the Posture of Affairs induced them to believe that there was no way of Quieting the province But by constitut- ing him Governor Since the Superceeding his Commis- sion gave Rise to the Divisions there.
The West Jersey Society Deluded by this Artifice perswaded some of ye East Jersey Proprietors to Joyne with them in giving Coll. Hamilton a New Commis- sion under a pretence that the necessity of affairs required it; at least till they could be better Provided.
The East Jersey Proprietors dreading the event of Intestine Animosities comply'd with the Proposall tho' Coll: Hamilton had formerly so notoriously forfeited
435
OBJECTIONS TO AND. HAMILTON AS GOVERNOR.
1701]
his Reputation with them: Thus by this managem.t they procured a Majority of proprietors and Sent Coll! Hamilton over with their Com'ission and thereby Superceeded that of Coll Bass. But Collonel Hamilton Sensible without the Kings approbation he should meet with Opposition, being the very Argument used by himselfe and adherents against Coll1. Basses Co'mision, Endeavours were used to obtain the same by Petition to his Majesty, But it was denyed. Yet the business Coll" Hamilton had to doe for the West Jersey Society was motive sufficient to prevaile with him to act under a Commission of so much less Authority than that of Coll Bass, and which for that Reason he knew would be strenuously controverted there, and has since had all those Dire Effects which the Aversion to that people to a Scotch Governour (promoting a Scotch Interest) gave Just apprehensions would procure.
The East Jersey Proprietors finding they were mis- taken in their Remedy, and that this Alteration had occasioned a farr greater disgust in the Province, and that the Inhabitants were resolved never to obey Coll: Hamilton But they themselves under any Power rather then that of a Scotch Governor, did send over their Com- ission constituting Capt: Andrew Bowne upon the place their present Governour, a quiet man that had been Deputy Governour and well esteemed in the Province: and a Second time Superceeded Coll" Hamiltons Com- ission.
Collo Hamilton believing it Impossible ever to Impose again on the Proprietors, resolved to try the Last Effort, and then Sett up in Opposition to the Proprie- tors themselves, and tho' by his Commission he was obliged to Surrender the Government on the arrivall and Publishing of a New Comission, under the Seale of the Province, which Commission was So Published. Yet he detained the Provinciall Seale, keeps all the Records, and the Dedimus Prostatem, totally Subvert- ing the Government
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This may it please your Lopp's is but a Short account of Collenell Hamilton, and it's hoped that This with the Petitions & Remonstrances both from East and West Jersey already before this Honorable Board, will So farr lessen him in your Lo'pps Esteeme that he will not be thought worthy of Recommendation for Gover- nour of New Jersey, and since your Lo'pps were pleased to advise ag'st presenting any party man (Coll Hamil- ton being peculiarly such) It is hoped your Lo'pps will not think it a medium to reconcile the contending partys of both Provinces by presenting him, nor Judge it the most proper method to advance and Encourage an English Colony by advising his Majesty to consti- tute a Scoth Governour.
The Aversion of the Inhabitants is an Objection of that Importance as is presumed will have weight with yr Lo'pps.
For may your Lo'pps be pleased to be further In- formed that the Injuries the Inhabitants there, and the Proprietors here have received from Coll: Hamilton are the motives to their Surrender; and they therefore hope that they Shan't draw on themselves that very Evill, they would Endeavour to be freed from; and only beg leave to add, that all those who have suffered by Coll Hamilton can have no hope of Redress Should he be constituted Govern" For then he will become Both Judge and Party too.
To give yor Lo'pps no further trouble; Tis humbly conceived the Present Apprehension of Warr may re- quire a Gov! Skilled in Military affairs. That the Militia may be well moddleed and Disciplined, and putt in a Capacity of Opposing Forreign Enimies as well as quieting Intestine Fewds. And therefore tis humbly offer'd to your Lo'pp's Wisdome for the Recommenda- tion to his Majesty of Such a One.
437
GOVERNOR HAMILTON ON E. JERSEY AFFAIRS.
1700]
Letter from Governor Andrew Hamilton to the Pro- prietors in England.'
From the original among the MSS. of W. A. Whitehead.
From Governor Hamilton.
Perth Amboy, 1st June, 1700. Worthy Gentlemen :-
I am at a great loss for want of advice from you how farr you have concerted the affair of the surrender. The people here proposeing to themselves that they will be upon the levell with you when the goverment is out of your hands, may purchase lands of the Indians as well as you & may thro vp their patents & hold by their Indian purchase. I say proposeing these advantages to themselves (& there's no beating them out of it) they lay hold on any twigg they think will attain their end. I send for your perusall a copy of a petition that the factious part of the people sent about to get hands to, & I send you my remarks vpon it.2
I was in a mistake concerning Mr. Royse, he had an old patent wch contains about 20000 acres,3 but becaus the stations were uncertain & the boundaries would not meet, he addressed the prop's at home for a new patent, wch he had & contains about 6000 acres, for wch he was to pay £5 a year for the whole instead of the ¿ per acre, and the proprs forgetting to make him surrender his old patent he now claims about 20000 acres by it & so takes away upon Milston River from Mr. Hart, & on the Raritan from Mr. Plumstead & Mr. Barker considerable tracts of land, so that he uses both patents, the old one if he can, and the new one if
1 Should have been previously inserted .- ED.
2 This was probably the petition to be found on page 321 .- ED.
3 "Being all purchased by him from the Indians " erased .- ED.
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NEW JERSEY COLONIAL DOCUMENTS. [1700
the old fail him; it was a great oversight, he is the ringleader of the troublesome part of the people, & its he that infuses the notion in them of holding by their Indian titles. If they have made any alterations in their petition I know not; but I believe it will be much to the same purpose, but if the King give a Counte- nance to a factious & a false petition to break your Governmt it will introduce ill presidents.
While the people propose to themselves such ad- vantages by the governmts being in the hands of the King, you cannot expect they'l raise money to defend it, nor give any thing wherein they suppose you will share the advantage with them, & therefore if the sur- render is not compleated, a tryall will be less expense, & whatever be the issue will vindicat you more than the surrender, for instead of thanking you for the priviledges you obtain, they will reproach you for receding from what they think their due, for instance, you propose that upon the annexation, the same number of Counties continue, & by the same Names, & that as many represent in Generall Assembly a County in E. J. as there shall at N. Y and I perceive the Lds will allow but E. J. to be { of that Assembly, & should you consent to this proportion by Charter the people will curse you, for in York governmt two repre- sent a County, wherein E. J. being but { will be less than one to represent a County; & so will they Cavil if the Port be precarious. Indeed I don't well see that their Ld'ps can retrench them, or a Charter ty them vp to less then a just proportion.1 I beseech you gentle- men without loss of time bring things to an issue, if they will not advise the King to establish your Port by
1 These remarks refer to one of the proposals of the proprietaries containing specific provisions to be inserted in the act of surrender, which was submitted to the Lords in July, 1669. It was probably the difficulty that might be expected in pleasing the inhabitants, who were disposed to cavil at whatever they might do, which led to an unconditional surrender. The proposals will be found on page 294 of this volume, and the reply of the Lords in Smith's N. J., p 562 .- ED.
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GOVERNOR HAMILTON ON E. JERSEY AFFAIRS.
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patent, & give the people a just proportion in the As- sembly you have a handsome retreat. Only this I must caution, you'l be forced to accept of a New Charter to secure your lands if it be allowed by Council learned in the Law that an Indian title be good tho' it is strange to me if it be, for if so, then the King's Grant is of no benefite to the proprs but if you find the people will be forced to hold by their patents, the tryall will best clear you of imputation.
Finding no hopes of raising money, I forbore call- ing our Assembly till their own was to sit of Course by an Act passed in Mr. Basse's time, wch is to meet yearly by proclamation the 4th Tuesday in May, & the rather becaus the Assembly of West Jersey was to sit on the 12th of the same month, & that the decencie & order of that people might be of good example to them. I accordingly issued out proclamations to meet on the 4th Tuesday in May, & becaus severall towns had not chosen, I issued out writs to them to choose & to meet the sª day. They accordingly mett, & on the afternoon of that day the whole house came to me & the Council. Capt. Bowne (as I was beginning to speake,) told me that he was ordered by the Representatives to ask By what authority I called them together. I told him he could very wel have answered that point himself having heard my Commission read upon my arrivall, Mr. Royse asked if I had the approbation as the Act directs, I told him I was as much surprised to hear him ask that question, 1st that he had not scrupled that in Mr. Basse's time, believing that was the King's business to enquire into, not the peoples in wch I told him he was in the right. 2d. For that he had upon my first comeing, heard me relate the several steps had been taken to obtain an approbation, & what obstructed it, but since he was not so just as to inform the Representatives what he knew, that I would, And accordingly I related the whole steps had been made &
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why it was not granted, vizt., that to break their Ports the Crown had of late questioned the proprs Right to governmt looking on it as unaccountable to be a gov- ernmt & not allowed a Port as all other distinct Colo- nies in America are. That accordingly the Lds of Trade, to whom the proprs petition was Referred, had advised the King to consent to a tryall in West Min- ster Hall for their Claim to both, wch Report was Confirmed by the King & referred to the Attorney Gene' to direct the method of the tryall. That, after the Report, I had applyed to the Council of Trade & told their L'ps that since they were pleased to scruple the proprs title to Governmt I should be unwilling to act under any Comission their L'ps should account unwarrantable, and thereby either draw my self or the proprs under any Inconveniences I Acquainted the Representatives that (being ordered to withdraw) I was in a short time after called in, That the Lds were pleased to tell me that tho' they questioned the props Right to Governmt yet they did not intend that as an Inhibition to the proprs or a forbidding them to act further untill the tryall betwixt them & the King were issued, or that the terms of the surrender were Con- certed, being sensible that people could not be without Governmt. And therefore if I acted according to the Laws of Engl'd the proprs would be sufficiently justifi- able in Commissioning me, & I safe to act under it, but that the granting an Approbation was a recogniz- ing the proprs title, & by Consequence giveing away what they accounted the King's Right.
I further told the Representatives that all of them were sensible that the prop's did not set up a governmt at their own hand, but that the obedience of the In- habitants was first commanded by King Charles 2d that no King since had absolved them from that ty That the tryall weh the King offers them for their Right to Governmt is an argument that he looks on
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GOVERNOR HAMILTON ON E. JERSEY AFFAIRS.
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their Grant to be in force till that tryall is issued, & therefor while it was safe for the prop's to act, it was safe for them to obey, that the want of an approbation was no fault of the proprs for that they had followed the proper Methods for obtaining it, & if the Lds refused it, it could not be charged as a crime in the prop's or in me if I acted without it, & that it was the King not the people was judge how farr a person was quali- fied or unqualified to Act, & the prop's were always ready to answer for that, & it was they run the risque if any was not the Inhabitants.
Notwithstanding Mr. Royse he still insisted that they were not safe to act without an Approbation, wch put me upon the necessity of plain dealing with them, I told them that I was not a stranger to the point they were driveing at, & that the getting the governmt out of the prop's hands they accounted the means to obtain it as it was that, not want of an Approbation, was the reason of their pretended scruples, but withall, as they might miss the mark, so they were unmannerly & un gratefull to the proprs who had been at so great a charge to maintain the Governmt purely to make them easie and would always have thrown it vp when the people had applied to them, That by keeping them a distinct province throughout the Course of the late Warr, they had their purses & their persons in their own disposall, & freed of a Charge of at least 15000£ wch their proportion would have amounted to, & tho' . their Cariage would ere long make the prop"s thro' them off, yet even that Governmt to wch by their own fault they were like to be annexed, they'l use the treason but despise the Traitors.
Thereafter they withdrew, & understanding by some of the Members that they were resolved to raise no money, and fearing they might use the Authority of the Assembly for Countenancing their petition & so might make a better figure at home, that when signed
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[1701
by a few straggling hands, I was glad of an opportunity of dissolving them, & as luck would have it, with debates among themselves they omitted chuseing a speaker the first day, & that dissolved them a Course. I shall once more only recommend it to you to bring the affair of Governmt forthwith to an issue by sur render, or rather by a tryall & then you are free of the expense of a New Charter. I am unwilling to begin the other sheet, & therefore take leave.
Worthy Gentlemen, Your most faithfull servant AND. HAMILTON.
(Endorsed.) Received 24th July.
Lewis Morris to the Lords of Trade, in relation to William Dockwra's objections to the appointment of Andrew Hamilton as Governor of New Jersey.
[From P. R. O. B. T., Proprieties, Vol. 6, G. 50 ]
Mem! from M'. Morris in answer to M'. Dockwray's complaints agst Coll Hamilton. Recd 31th Decr 1701.
TO THE RIGHT HONBIE THE LORDS COMMISSIONRS FOR TRADE AND FORREIGNE PLANTATIONS.
My Lords.
After so much noise and clamour, as was made Against Coll. Hamilton, by his unalterable Enemy M. Dockwra, I did expect a List of Particuler charges Against him, of such crimes, and Male Administrations, as ought to have Barrd him his Majesties favour; and the reason I undertooke his defence, was, because to my knowledge, his conduct from the year 1692 till Basses arrivall, was to ye generall Satisfaction of the
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LEWIS MORRIS IN FAVOR OF GOV. HAMILTON.
1701]
Inhabitants, and from his second arivall in that collony, in ye yeare 1699, untill I Left the Province, Even his Enemies, did not aleage any thing Against him, but his want of Sufficient & lawfull power to comand them, wch if he had (in their opinion) been cloth'd with they had not only then, but would now readily obey, not by force, but Choice.
It is no small Justification, of A Person in the Coll's circumstances, yt after A series of allmost (if not quite) ten years administration, his most Inveterate Enemies (who certainly would not omit anything) Cannot find any Perticular, to acuse him of, but Lay to his charge such generalls, as may be aleadg'd against any Gover- nour whatsoever, and may wth greater probability be Supos'd falce, then true, and even if true, may not be Criminall.
Nº A: It is verry possible A governour may omit, to put in Execution those orders and Instructions he receives But its not to be Imagined, A man in his right witts would Act directly contrary to all of them, even the Largenesse of that Accusation, makes it all- most Impossible to be true, and if it were, Such might have been the nature of their Instructions, that it had not been criminall to have disobey'd them (had they been absolutely Enjoyn'd) but the Contrary.
In the yeare 1687 (I thinke) the Late King James, reunited ye Province of East Jersie, and some other Proprietary Goverments, to the Crowne; and put them under the administration of S' Edmond Andross, who gave Collo Hamilton the chief comand of that Province, in his absence, but not long after, the late Happy rev- olution hapning, the Severall goverments reasum'd what they thought to be their rights, and Among the rest New Jersie, but was (as all ye rest) at that time, in confusion, coll. Hamilton therefore thought fit to take Shipping for England, to Accomplish its Speedy Setle- ment, dnd not (as his acusers Seeme to Insinuate) because of their complaints
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In his Voyadge home, he was unhappily taken by A French Ship, where he Lost some Accounts relating to them as their Agent, notwithstanding they were so well satisfied wth his former Conduct, that they gave him A commission in the year 1692, & if what his Acusers alleadge were true, and he so faulty as they would paint him to your Lordships they were unwise for so doing.
He return'd to New Jersie, and by Virtue of this new comission tooke the Goverment on him, and his administration was to ye greate Service of the Crowne, and universall Satisfaction of the Inhabitants, as his present Accusers do owne in So many words in a Petition to their Excellencys the Lords Justices.
Nº. B: And ye Same Persons, in yt Petic'on do allso acknowledge, yt the reason of their appointing Basse, was because they would Avoid any Colour of Offence Against the Act, of Parliament made in the 7th and 8th yeare of his present Majesties reigne, Entituled: An Act for preventing frauds, and regulating abuses in ye Plantation trade, and they write over to Collo Hamil- ton in New Jersie, thanking him for his past adminis- tration, and Asuring him that he Should not have been remov'd by them, had he not been unquallified on ye Score of his Nation so it was neither the breach of his duty, nor that they were provokt by his usage, as they falsely aleadge, that Induc't them to remove him, and put Basse in his roome.
What opposition or afronts, Basse met wth Collo Hamilton was not concern'd in, but diswaded them. It was from me he receiv'd Some of them, not put on by Coll. Hamilton or any body elce; I did nothing but what I might Lawfully do, and am ready to Justifie every thing I did (on yt Score) when call'd to an Account for it.
Bass's Administration was Such, yt the Generallity of the country extreamly dislik't it, and writ home to
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LEWIS MORRIS IN FAVOR OF GOV. HAMILTON.
1701]
ye Proprietors, complaining of him, upon which they Gave Coll. Hamilton a new commission notwithstand- ing all that they alleadg'd against him, and writ a verry Sharpe letter to Basse & Councill. blaming them for classing the Kings Naturall Subjects, into English and Scotts wth all telling them, they had don Coll. Hamilton right in reinstating him in that Govern- ment, from which by A mistake they had remov'd him.
Captain Bowne that quiet man, wth some others Were So Netled at this Letter, which had So Severely Censured their Ill conduct, during Bass's administra- tion, that they would not continue in the Councill, not because they had any aversion to A Scotts man or to Collo Hamilton in Perticuler, (who they profest A great respect to) but because the Proprietors had afronted them, as A Letter under captain Bowns hand to Collo Hamilton makes apeare, and All those dire Effects they talke of, proceeded from their aversion to the Proprietors whose Impruden Conduct Influenced by M". Dockwra) not only gave rise to Our unhappy di- visions, but by A Series of repeated follies, added fuell to those flames which rage amongst us wth so much fury for that
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