USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 32
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N. C: Small part of the Proprietors who are now Coll. Hamiltons Acusers, finding y' Captain Bowne and that partie, had so farr resented the Affronts they rece'd from them, as to sacrifice the Publick peace to gratifie their revenge, began now to move in the tother ex- tream, and descending from ye Heights of an Arogant and Imperiouse Stile, to ye lownesse of adressing to their Adversaries like humble Supliants; they askt their pardon for their past usage, and Intreated their Assistance for the future, this base and mean trucling, as it rendred them to all Persons ye Objects of A just derision. So those they Adress't to turn'd their fury into Scorne and Spurn'd at their Authoritie with an
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Equall contempt, & to add A delicacy to their revenge, and render those Proprietors as ridiculous, and despica- ble, upon record to future Ages, as their Conduct justly deserv'd, they attempted to Prevaile wth them, to make Andrew Bowne (the verry Person that headed the faction Against them) their Governour; & chose those two Persons who had publiquely Apeard Against the Government (on all occasions) to negotiate that affaire and by meanes of M" Dockwra's mediation (who as is writt from New Jersie, received A Bribe of one Hundred pounds Sterling) they Succeeded in the Attempt, and Procur'd A Commission for said Bowne, wthout ever so much as consulting the rest of the Pro- prietors, and sent it over wth one Salter (A person not of the best reputation) giving him Power (in case Bowne refus'd) Either to take ye Goverment himself, or Constitute Such other P'son as he thought fit, An Action (to say no worse of it) Verry unjust and un- reasonable.
When this commission arriv'd in Jersie, the Propes there, finding So few hands to it, judg'd y' it was hatch't Privately in A corner, without ye Knowledge and conSent of the rest; Enter'd their Protest against it, as a thing Surreptitiously and basely obtain'd; write to y' Small part of the Proprietors here, yt gave that commission to Bowne, and Expostulate wth them about it, & tell them that Six Proprietors in New Jersie, have as much right to constitute A governour, as Six in England & Collo. Hamilton whose commission was signed by as many Proprietors, as make up two thirds of the whole, by farr ye Majority (wch by the common reason of Mankind, in all Societies concludes ye minor will not nor ought not so far betray that trust ropos'd in him by the rest, as to give up the Publique records or Seale, or any way to Part wch that Author- itie he is Cloath'd wth, till an Authority more Sufficient Apeares to demand it.
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LEWIS MORRIS IN FAVOR OF GOV. HAMILTON.
This may it Please your Lordships is A short Nara- tion of Fact, and deffence of Coll. Hamilton against his Acusers, and I beg your Lordships wont admit Such generall, and (Possibly) untrue allegations, to Lesson a Person in your L'ps Esteem, who has so well deserv'd of the Crowne as Coll. Hamilton has, & Since ye Pro- prietors have Agreed to Pay the Governour till a Sufficient fund be rais'd in ye Country for that End (provided they have the naming of him) its hop't your L'ps will Judge it reasonable, to oblige them in it; Especially when they name A Person, yt will be So generally acceptable to ye people, who (Excepting A Small number) have no Avertion to A Scotch man, nor to ye Collo in Particuler.
The Inhabitants there (I am Sure) and I believe ye Proprietors here, have receiv'd no Injury from Collo Hamilton, nor in his Male administration ye motive to their Surrender, but because the maintaining their Government is A charge, and no Proffit to them, their authority not Obey'd, the Province in Confusion, and no Prospect of its being otherwise, till its put under his Majesties more Imediate Administration.
A Governour Skill'd in Military affaires, is not Amisse in any of the King's Plantations, at any time, Collo. Hamilton is not unskill'd; and to Opose Forreign Enemies, and Quiet Intestine feuds, a whole Regiment So Skil'd will do more Service. The whole is offer'd to: your Lordships, to do as your Lordships in your wisdom Shall thinke fit by:
My Lords: Your Lordships most humble Servant
LEWIS MORRIS.
·
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Representation from the Lords of Trade to the King, transmitting drafts of a Commission and Instruc- tions to the Governor to be appointed over New Jersey.
[From P. R. O. B. T., Proprieties, Vol. 27, p. 319. Printed from an early certified copy in the Library of the N. J. Hist. Society.]
TO THE KING'S MOST EXCELLENT MAJESTY.
May it Please your Majesty.
Having been directed by their Excellency's the Lords Justices, upon a Representation which We humbly laid before them, concerning the Disorders in Your Majestys Provinces of East and West New Jersey in America, to prepare Draughts of a Commission and Instructions for a Governor to be sent thither by Your Majesty, and to Consult therein the Proprietors of those Provinces, in Order to the Surrender of their pretended right to the Government of the same; We humbly lay before Your Majesty the Draughts, which We have prepared accordingly, with such Clauses as We conceive proper to enable the Governor (for whose Name We have left. a Blank) to proceed in Settling a Govern- ment in that Country, comformable (as near as the Circumstances of the Inhabitants will permit) to the methods of Government Settled by Your Majestys respective Commissions, in Your other American Plan- tations, and withal to prevent the interfering of that Colony, with the Interest of those other Plantations.
We have, also, in Pursuance of their Excellency's directions, communicated the said Draughts to Sir Thomas Lane and others, the Principal Proprietors of West New Jersey, and to Mr. William Dockwra, Sec- retary, and others the principal Proprietors, of East
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New Jersey, in behalf of themselves and the rest of the Proprietors of both those Divisions; Which Draughts they have Unanimously approved; And, in Confidence that Your Majesty will be graciously Pleased, accord- ingly, to Constitute a Governor, over those Countrys, they have declared themselves willing and ready to Surrender all their Right, or pretence of Right, to Government, which they have hitherto claimed.
Whereupon, We humbly represent to Your Majesty that the reducing those Colonies to an Orderly Form of Government, under a Governor Constituted by Your Majestys immediate Commission, will be of great Service to Your Majesty, in preventing illegall Trade, and the Harbouring of Pirates, and will be of good influence, throughout the other Plantations. And We humbly offer that M' Attorney General be directed, forthwith, to Prepare a Form of Surrender of their said Right, or Pretence of Right, to Goverment, which may be most effectual to the extinguishing their said Pretensions, and present the same to Your Maj- esty .-
And Whereas they have desired that the first Gover- nor, to be thus appointed by Your Majesty, may be a person fitly Qualified for that Service, But cannot Agree in the Recommendation of any Particular Person, We humbly propose that, when the Surrender shall be made, Your Majesty would be Pleased to Nominate some Person, wholly unconcern'd in the Factions which have divided the Inhabitants of those Parts. All which, nevertheless, is most humbly Submitted. Whitehall 1 Wm Blathwayt. Janu the 6th . John Pollexfen. 1701
Stamford. Ph. Meadows. Abr. Hill. Mat Prior.
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From the Council to the Lords of Trade, enclosing the Attorney General's draft of the surrender of the Government of East and West Jersey for the sig- natures of the Proprietors.
[From P. R. O. B. T. Proprieties, Bundle G. H. I. & K, H. 8.] Order of Council upon ye Draught of a Surrender of Govnt prepared by Mr Attny Gen! to be exe- cuted by ye Proprietors of East & West New Jersey.
At the Court at Kensinton the 29th of January 1701 [1701-2] Present.
THE KINGS MOST EXCELLENT MATY IN COUNCILL.
Vpon reading this day at the Board a Report from M" Atturny Generall, with the Form of a Surrender, Prepared by him, to be made by the Proprietors of the Provinces of East and West New Jersey in America, to His Ma'y, of all their Right or Pretence of Right to the Government they have hitherto Claimed of the said Provinces, His Maty in Councill Approving the same, is pleased to Order that the said Form of a Sur- render, which is hereunto annexed be, as the same is hereby Referred to the Lords Comm's of Trade and Plantations, who are to Call upon the said Proprietors to Execute the said Surrender according to the said Forme.
JOHN POVEY
Lords of Trade to Lord Cornbury. [From N. Y. Col. Docts: Vol. IV, p 948.]
To the Rt Honble the Lord Viscount Cornbury. My Lord.
Whereas your Lordship is commissionated to take
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QUEEN ANNE TO BE PROCLAIMED.
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upon you the Command of the Militia of East and West New Jersey, and to be Vice Admiral of the same; and these Colonies having been and continuing to be without any settled Government, your Lordship is to cause the High and Mighty Princess Anne to be proclaimed Queen of England, Scotland, France and Ireland and all the Dominions thereu[n]to belonging &c in the most solemn manner and most proper places of those Colonies, to the End there may be no failure there in the speedy acknowledging her Majestys Title and Authority, and for your information we further send you.
Her Majestys declaration at her first sitting in Privy Council.
Her Majestys Proclamation for continuing all officers &c.
The Address of the House of Lords to her Majesty.
The Address of the House of Commons to her Maj- esty and
Her Majesty's speech to both Houses of Parliament.
You are upon this occasion to assure all Her Majesty's subjects in those Colonies of her Majesty's especial care and Protection and to exhort them to do on their parts what is necessary for their security and defence in the present conjuncture, and you are to re- turn a speedy. account of your proceedings therein.
We are My Lords
Your Lordps most humble Servants
STAMFORD
Whitehall March the 20, 1702.
LEXINGTON W" BLATHWAYTE JNº POLLEXFEN MATT: PRIOR
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Surrender of the Government of East and West Jersey to the Crown.
[From copy of the Attorney General's draft in P. R. O. B. T. Proprieties, Bundle G. H. I. & R. H. 8. Compared with an official copy from the Rolls of the High Court in Chancery, and Smith's History of New Jersey, pp. 215-219.]1
Surrender from the Proprietors of EAST and WEST NEW JERSEY, of their pretended Right of Gov- ernment to Her Majesty.
Whereas his late Maty King Charles the Second by his Letters Patents under the Great Seale of England bearing date at Westminster on or about the Twelfth day of March in the Sixteenth Yeare of his Reigne Did Give and Grant to James then Duke of Yorke his heirs and assigns All that part of the Main Land of New England beginning at a certain place called or known by the name of St Croix next adjoining to New Scotland in America, and from thence extending along the Sea Coast unto a certain Place called Pemaquod or Pemaquid and so up the River thereof to the farthest head of the same, as it tendeth Northwards, and extending from thence to the River of Kinebiquie, and so upwards by the shortest Course to the River Canada Northward, And also All that Island or
1 The draft of this document was submitted to the King in Council, January 29th, 1701-2, by the Attorney General, as shown by the Order of Councill under that date, and, having been approved, was referred to the Lords of Trade for execution. The draft as reported is of record in the Public Record Office, London, as stated in the above heading, but the death of King William, which occurred early in March, pre- vented immediate action. It was finally executed on 15th April, 1702 and accepted by Queen Anne on the 17th. (See succeeding document). As the death of the King occasioned some slight changes of phraseology, the document is here given as re- corded in the Public Record Office after comparison with, and being corrected by, a certified copy from the rolls of the High Court of Chancery, in the library of the New Jersey Historical Society. Smith's History of New Jersey was also compared with the two records, all three varying in some, although not important, particulars. The surrender in substance had been acceded to by the Proprietors in the Province in 1701. (See document under date of June 19th, 1701) .- ED.
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Islands com'only called by the severall Name or Names of Mattowacks or Long Island seituate lying and being towards the West of Cape Codd, and the Narrow Higansets Abutting upon the Main land between the Two Rivers there called or known by the severall Names of Connecticut and Hudsons River, together also wth the said River called Hudsons River, And all the land from the West side of Connecticut River to the East Side of Delaware Bay, and alsoe All those severall Islands called or knowne by the Names of Martins Vinyard and Nantucks or Nantucket, Together with all the Lands Islands Soyles Rivers Harbours Mines, Mineralls, Quarryes, Woods Marshes Waters Lakes ffishings, Hawking Hunting and Fowling and all other Royaltyes profits Comodityes and hereditamts to the said severall Islands Lands and premisses belong- ing and appertaining wth their and every of their appurtences To have and to hold all and singular the said Lands Islands and hereditamts wth their and every of their appurten'ces to the said James Duke of Yorke his heirs and Assignes for ever, To be held of the said King his heirs and Successors as of his Mannor of East Greenwich in Kent in free and Com'on Socage and not in Capite or by Knights Service YEILDING AND RENDRING therefore yearly and every yeare Forty Beaver Skins when demanded or within Ninety days after, And by the same Letters Patent the said late King Charles the Second for himselfe his heirs and Successors Did Give and Grant to the said James Duke of Yorke his heires Deputyes Agents Commissioners and Assigns full and absolute Power and Authority to Correct, punish Pardon Govern and Rule all such Subjects of the said King his heirs and Successors as should from time to time adventure themselves into the Parts and Places aforesaid or that should at any time then after inhabit within the same according to such Laws, Orders, Ordinances, directions and Instru-
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ments As by the said Duke of Yorke or his Assigns should be established And in defect thereof (in cases of necessity) according to the good directions of his Deputyes Commissioners Officers or Assignes respec- tively, as well as in all Causes and matters as well Capitall and Criminall as Civill both marine and others, So alwayes as the said Statutes Ordinances and Proceedings were not contrary but as near as might be agreable to the Laws & Statutes & Goverm' of the Realme of England, Saving & reserving to his said late Maty his heirs and Successors the receiving hearing and determining of the Appeal and Appeals of all or any Person or Persons of in or belonging to the Territoryes or Islands aforesaid in or touching any Judgement or Sentence to be there made or given And further that it should and might be lawfull to and for the said Duke of Yorke his heires and Assignes from time to time to Nominate make Constitute Ordain and Con- firme such Laws as aforesaid by such Name or Names or Styles as to him or them should seem good and like- wise to revoke discharge change and alter as well all and singular Governours Officers and Ministers which thenafter should be by him or them thought fitt or needfull to be made or used within the aforesaid Parts and Islands, and alsoe to make Ordain and Establish All manner of Orders Laws, directions Instructions Forms & Ceremonyes of Government and Magistracy fitt and necessary for, and concerning the Government of the Territoryes and Islands aforesaid, So alwayes as the same were not contrary to the Laws and Statutes of the Realm of England but as near as might be agreable thereunto, and the same at all times then after to put in Execuc'on or Abrogate Revoke or Change not only within the Precinct of the said Terri- toryes or Islands but also upon the Seas in going and com'ing to and from the same As he and they in their good direction should think to be fittest for the good of
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the Adventurers and Inhabitants there; And the said late King did thereby Grant Ordain and declare that such Governors Officers or Ministers as from time to time should be Authorized and appointed in manner and forme aforesaid should and might have full Power and Authority to Use and exercise Martiall Lawe in Cases of Rebellion Insurrection and Mutiny in as large and ample manner as the Lieftenants of his said Maty in his Countyes of the Realme of England had or ought to have by force of their Commission of Lieftenancy or any Lawe or Statute of the said Realme of England. And the said late King did thereby Alsoe for himself his heires and Successors Grant to the said James Duke of York that it should and might be lawfull for him his heirs & Assigns in his or their discretions from time to time to admitt such and so many P'son and Persons to trade and traffick under and within the Territoryes & Islands aforesaid, and into every or any Part or Parcell thereof, and to have possess and enjoy any Lands and hereditaments in the Parts and places aforesaid as they should think fitt according to the Laws Orders Constituc'ons and Ordinances by the said James Duke of York his heires Deputyes Commissioners and Assigns from time to time to be made & established by virtue of & according to the true intent and meaning of the said Letters Patent & under such Condic'ons reservac'ons & Agreemts as the said James Duke of York his heires & Assignes should sett down order and direct & appoint & not otherwise And by the same Letters Patent the said King did for himselfe his heires & Successors Grant to the said James Duke of York his heires & Assigns & to all & every such Governour & Governours or other Officers or Ministers as by the said James Duke of York his heirs or Assigns should be appointed Power and Authority of Government & Com'and in or over the Inhabitants of the said Terri- toryes or Islands that they and every of them should
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or lawfully might from time to time and at all times then after for ever for their severall defence & Safety en counter expulse repell & resist by force of Arms as well by Sea as by land and all wayes & means what- soever all such Person or Persons as without the especiall Licence of the said James Duke of York his heires or Assigns should attempt to inhabit within the severall Precincts & Limits of the said Territoryes & Islands And alsoe all and every such person & persons whatsoever as should enterprise or attempt at any time then after the destruction Invasion Detriment or An- noyance to the Parts Places or Islands aforesaid or any part thereof As by the said recited Letters Patent duly Inrolled relac'on being thereunto had more at large may appear And Whereas the Estate Interest Right & Title of the said James Duke of York in and to the Provinces of East Jersey and West Jersey part of the . premisses by the said recited Letters Patent Granted are by meane Conveyances and Assureances in the Lawe come unto and vested in or claimed amongst others, by Sir Thomas Lane, Paul Docminique, Robert Michell, Joseph Brooksbank, Michael Watts, Edward Richier, John Norton, Ebenezer Jones, John Whiting, John Willcocks, John Bridges, Thomas Skinner, Ben- jamin Steele, Obadiah Burnet, Joseph Micklethwait, Elizabeth Miller, Benjamin Levy, Francis Minshall, Joseph Colyer, Thomas Lewis, Jo. Bennet, John Booker, Benjamin Nelson, James Wasse, Richard Har- rison, John Jurin, Richard Greenaway, Charles Mit chell, Francis Mitchell, Fras. Paunceford, William Hamond, Ferdinando Holland, William Dockwra, Peter Sonmans, Joseph Ormston, Charles Ormston, Edward Antill, George Willocks, Francis Hancock, Thomas Barker, Thomas Cooper, Robert Burnet, Miles Foster, John Johnstone, David Lyell, Michael Hawdon, Thomas Warne, Thomas Gordon, John Barclay, Clem- ent Plumstead, Gilbert Mollison, and Richard Hasell,
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THE PRESENT PROPRIETORS thereof, And they also have claimed by virtue of the said Letters Patent and mean Conveyances to exercise within the said Provinces for the Governing the Inhabitants thereof All the Powers & Authorityes for Government granted by the said Letters Patents to the said Duke of York and his heires and Asssigns But Her Elajesty hath been ad- vised that they have no right nor can legally execute any of the said Powers but that it belongs to her Majestie in right of her Crowne of England to Consti- tute Governours of the said Provinces and to give directions for governing of the Inhabitants thereof as her Majesty shall think fitt And the said Proprietors being desirous to submitt themselves to her Majestie are willing to Surrender all their pretences to the said Powers of Government To the intent her Majestie may be pleased to Constitute a Governor or Governours of the same Provinces with such Powers Priviledges and Authorityes for the Government thereof and making of such Laws there with the Consent of the Assembly of the said Provinces and her Majestie's Subsequent Approbac'on thereof as her Majestie in her great Wisdom shall think fitt & convenient We therefore the said Sir Thomas Lane, Paul Docminique, Robert Michell, Joseph Brooksbank, Michaell Watts, Edward Richier, John Norton, Ebenezer Jones, John Whiting, Clement Plumstead, John Willcocks, John Bridges, Thomas Skinner, Benjamin Steele, Obadiah Burnet, Joseph Micklethwait, Elizabeth Miller, Benjamin Levy, Fran- cis Minshall, Joseph Colyer, Thomas Lewis, Jo. Bennet, John Booker, Benjamin Nelson, James Wasse, Richard Harrison, John Jurin, Richard Greenaway, Charles Mitchell, Francis Mitchell, Fras. Paunceford, William Hamond, Ferdinando Holland, William Dockwra, Peter Sonmans, Joseph Ormston, Charles Ormston, Edward Antill, George Willocks, Francis Hancock, Thomas Barker, Thomas Cooper, Robert Burnett,
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Miles Foster, John Johnstone, David Lyell, Michael Hawdon, Thomas Warne, Thomas Gordon, John Bar- clay, Gilbert Mollison, and Richard Hasell, THE PRESENT PROPRIETORS of the said Provinces of East Jersey and West Jersey for the Considerac'ons and to the intent aforesaid Cave Surrendred and yielded up And by these presents for Us & our heirs do Surrender & yield up unto Our Soveraigne Lady Anne by the Grace .of God Queene of England Scotland France and Ireland Defend". of the ffaith &" her heires & Successors All those the said Powers & Authorityes to correct punish pardon govern & Rule all or any of her Majestie's Sub- jects or others who now inhabit or hereafter shall adventure into or inhabit within the said Provinces of East Jersey & West Jersey or either of them & also to nominate make constitute ordain & Confirm any Laws Orders Ordinances and directions & Instruments for those purposes or any of them And to Constitute Nom- inate Appoint revoke discharge change or alter any Governour or Gouvenours Officers or Ministers which are or shall be appointed made or used within the said Provinces or either of them and to make ordain & establish any Orders Laws directions Instruments Forms or Ceremonyes of Government and Magistracy for or concerning the Government of the Provinces aforesaid or either of them or on the Sea in going & coming to or from thence or to put in Execuc'on or Abrogate Revoke or change such as are already made for or concerning such Government or any of them And also All those the said Powers and Authorityes to Use and exercise Martiall Law in the Places aforesaid or either of them And to Admitt any person or persons to trade or traffic there and of Encountring Repelling and resisting by force of Arms any P'son or P'sons attempting to inhabit there without the Licence of Us the said Proprietors our heires or Assignes And All other the Powers Authoritye Priviledges of or concern-
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ing the Governmt of the Provinces aforesaid or either of them or the Inhabitants thereof which were granted or menc'oned to be granted by the said recited Letters Patent and every of them In Witnesse whereof the Persons above named have hereunto sett their hands and Seales this fifteenth day of Aprill in the yeare of our Lord One thousand Seven hundred and two and in the first yeare of her Majesties Reigne.1
FOR THE EASTERN-DIVISION.
L. Morris In the behalfe of Robert Burnett,
Willocks, and Represen- tative of Francis Han- cock.
Miles Forster,
John Johnstone,
Thomas Barker,
Michael Hawdon,
Thomas Cooper,
John Barclay,
Gilbert Mollison,
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