USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 34
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40
By her Majesty's Command
1702]
REPLY TO COMPLAINTS AGAINST COL. HAMILTON. 475
Reply of several of the Proprietors of New Jersey, to the complaints against Andrew Hamilton, by William Dockwra & Peter Sonmans.
[From P. R. O. B. T. Proprieties, Vol. 6, I 44.]
TO THE RIGHT HONORABLE THE LORDS COMMISSIONERS FOR FORREIGN TRADE AND PLANTATIONS
A Reply of the Proprietors of East and West New Jersey, to the Articles Exhibited by William Dockwra & Peter Sonmans against Collonel Andrew Hamilton.
To the first Article we answer
1º Coll: Hamilton was Governour of these two Prov- inces for the Space of nine or Ten years to the good Liking of Prop'rs and people, and all the neighbouring Colonies, without any Complaint against him, neither would he have been Superseded, but from a Belief of his Incapacity to Serve by the Late Act of the 7th & 8th of King William, and he is so farr from being an Incendiary, that his Mildness and Moderation was the only motive for W Pen to Intrust him with the Gov- ernment, and those in the abovesaid Province who have (by the Influence of Jer: Basse & Wm Dockwra, appeared of Late against him, are now So well Satis- fied of his moderation and good Conduct, that they have declared their readiness to Submitt to him, if he is Cloathed with a Commission from the Crown
To the Second Article
2° We know of no Arbitrary or Illegal proceedings Coll: Hamilton hath been Guilty of, unless they call them Such as were acted in Opposition to the Common Disturbers of the peace of the Government Stirred up by the Influence of M" Dockwra and his party, for which he hath often hazarded his Life to preserve the publick peace and quiet of the Provinces.
1
476
NEW JERSEY COLONIAL DOCUMENTS.
[1702
To the Third Article
3º We are well Informed that in all the time of Coll: Hamiltons Government before he was Superseded by a Commission given to Jer: Basse, not one person in all those Northern Colonies was accused of Pyracy, and Since his Last going over, he hath been Eminent in Discovery & bringing Pyrates to Justice, particu- larly appeared at a County Court at Midleton in East Jersey upon the Tryall of one, who was by a factious Crew rescued from the Barr, as appeares by Certificates under the provinciall Seall, Lodged by Lewis Morris Esquire before your Lordships.
To the fourth Article
4º We have received many Letters from the Assem- blies of Both Provinces with advice of what past there, but never any accusation of that kind and we Conceive the accusation is altogether groundless, Since an affair of that nature could not pass without our having notice of it, and the Gen'll Assembly (who being the givers of the mercy, [money?] are the proper Inspectors into its application) have been So far from taxing him with Such Crime, that at Severall Sessions they have given him Gratuitys for his Publick Service and prudent administration,
To the fifth Article
5° We have heard that one Randolph (a noted Enemy to Coll: Hamilton did Some time agoe Exhibit to the Right Honorable the House of Lords a Complaint and accusation against the Said Colonel and others about Illegal Trade, and we heard he was So farr from making good any Such accusation, that it was Thrown out as Groundless, which we believe to have come under the Notice of this Hono'ble Board, and his now accusers were So farr from accusing him whilst he was here, that they Joyned with us in Application to your Lordships, for his approbation
To the Sixth Article
6° We must Referre our Selves to this Honble Board,
1702] REPLY TO COMPLAINTS AGAINST COL. HAMILTON. 477
that when he was presented by the Proprietors for his Late Majestie's Royall approbation, whether it was not your Lordships Opinion, that Since there was a dispute betwixt the Crown and the Proprietors about the Gov- ernment, your Lordships could not advise his Majesty to give an approbation. Since it wold be a recognizing the Proprietors Title, but that Since Government must be administered, the Proprietors were Safe in giving him a Commission, and he in acting under it till the Dispute was Determined. And we are highly Sur- prised at the assurance of those two Gentlemen in accusing Coll: Hamilton on this head, Since in the first place they Signed his Commission, after they knew the Grant of an approbation had been declined, and rd [?] They Clandestinely Gave a Commission to one Andrew Bowne, to which W !! Dockwra (the Proprietors Secre- tary and one of the 2 Petitioners) affixt the publick Seall, without either the assent of, or Communication to the rest of the Proprietors which Commission they sent over, without So much as presenting him for his Majesties approbation, and Said Bowne hath endeav- oured to act by virtue of Such Indirect Commission and by Orders from the two accusers, and we must further acquaint your Lordships that the Proprietors (who were Influenced by those two Gentlemen to sign that Commission) have been So Sensible of their Error, that they have retracted, and Signed a Petition for Collonel Hamilton.
To the Seventh Article
7º If Coll: Hamilton Should be partiall in the admin- istration of Justice (we conceive the Contrary) he will lye obnoxious to the Censure of the Gen" Assembly there, and to Informations that may be Lodged here, but we know of no party that fear his impartiall ad- ministration of Justice except Wm Dockwra one of the two accusers who Stands Charged with Severall articles of high misdemeanours Exhibited against him, as
-
478
NEW JERSEY COLONIAL DOCUMENTS. [1702
appears by the Duplicates under the Common Seall of the Province of East Jersey Lately laid before your Lordships, and we conceive it is for the reason only he doth So violently oppose Coll: Hammilton to be Gov- ernour
To the Eighth Article
8° We presume to acquaint your Lordships in Order to your full and clear understanding of this matter, that the two petitioners, Viz Wm Dockwra the Secre- tary and Peter Sonmans are not possest of above two or three 24th parts of the Province of East Jersey, whereas almost all the other Proprietors of East Jersey here, and the Proxys of those beyond Sea, have Joyned with the whole West Jersey Society to petition for Coll: Hamilton, being So entirely Satisfyed of his In- tegrity, ability and good Conduct.
To the 9th Article
9º. The Petition for Coll: Hamilton was So far from being Clandestine that it was Signed by all the Pro- prietors at a full Generall Court of the West Jersey Society, and by Lewis Morris Esq" on the behalf of all the Proprietors residing in East Jersey, who delivered his authority for So doeing to her Majesty in Councill, and by the greater part of the East Jersey Proprietors Living in London, and on the other hand in opposition to this, is obtruded a Petition Signed only by Peter Sonmans and Wm Dockwra.
The worthy Character of Coll Hamilton: is not (as we presume) unknown to your Lordships, it hath been transmitted from Severall of his Late Majesties Gov- ernours in the Neighbouring Colonies, and the Propri- etors have always found him faithfull in the Discharge of that Trust reposed in him, And Since it pleased her Majesty (upon the Surrender of the Government) to return this Gracious answer, that She would take it into her Consideration, to appoint Such a Governour as Should be most aggreeable to the Proprietors. . We
479
1702]
COL. QUARY AGAINST COL. HAMILTON.
Humbly hope and pray that your Lordships will be pleased to make a Report to her Majesty in Council, that Coll: Andrew Hammilton is the fittest person to Serve her Majesty, and the Proprietors in the Govern- ment of East and West New Jersey, now Nova Caesarea
[June 3ª 1702]
From Colonel Quary to the Lords of Trade, adverse to the appointment of Andrew Hamilton as Governor of West New Jersey.
[From P. R. O. B. T., Proprieties, Vol. 6, K. 6.]
Mem! from Coll : Quary agt Coll : Hamilton Gov !. of West New Jersey.
Right Honble
My Imployment under his Majtes in Penselvania and the Jerseys gives mee the advantage of knowing very well the severall Intrist devisions, and distractions of those Govermts what I have to offerr this Honble Board at present is confined to the Jerrseys The Inhabetants of those Provinces have beene alwaies devided into two differant factions. the united Intrist of the Quakers being one, and the rest of the Inhabetants the other. Coll: Hamleton was alwaies (tell of Late) of the faction in opposition to the Quakers, but finding that they opposed him in all things that conserned his privatt intrist he thought fitt to change his Party and became the head of the Quakers faction, in wch he hath beene for at Least fouer yeares and is so Zealous an assertor of their cause and intrist that the rest of his Majties Sub- jects complain of great oppressions and hardships re- ceived from him in favouer of the Quakers. .
480
NEW JERSEY COLONIAL DOCUMENTS. [1702
The heate and distractions of that Goverm' is now growne to that height that nothing but his Majties send- ing a Prudent Gover! alltogather unconserned in theire Quarrels and differances can secure the peace of the County the People haveing Imprisoned him, and as they Generally complaine he hath very much opprest them, so that the prejudice and resentments on both sides is so very high and great that it is impossable to reconcile it.
Coll Hamilton is a man of good Sence & parts but considering the present state of those Provinces and how farr he hath beene actually conserned in all the differances and distractions of the two factions, he is the most unfittest person for that Govermt in the world, that hee is wholy in the Quaker Intrist in oppo- sition to the rest, may appeare by M' Penns makeing him his Leiutt Govern". of Penselvania, alltho' he very well knew that he was not Quallefied as the Law re- quires.
As to what consernes his Incouredging & counten- ancing Illegal trade it being before my time I must Leave to M' Randolphs representation of it. I have only this to add that since hee was appoynted M' Penns Lieu! Gover" hee hath opposed the Authority & Jures- diction of the Admiralty contrary to the Act of the 7th & 8th of his Late Majte the p'ticulars of wch Lyes before this honable Board all wch is humbly submitted by
Yor Lordships Most Obediant Servtt
[June 17th 1702]
ROBT. QUARY
481
RANDOLPH'S OBJECTIONS TO COL. HAMILTON.
1702]
Surveyor General Randolph to the Lords of Trade, adverse to Andrew Hamilton.
[From P. R. O. B. T. Proprieties, Vol. 6, K 7.]
A Paper from Mr Randolph containing Complaints agf Coll : Hamilton Gov. of West New Jersey, with relation to illegal Trade.
TO THE RIGHT HONBIE THE LORDS COMMES FOR TRADE May it please y" LordsPps
That during the time of my Survey in the Severall Colonys & plantations made in ye year 1695: I found in the Bookes of James Williams the Collector of ye Customs in ye Province of Pennsilvania an Entry, viz: 1695: William Wrighton M'. of the William & Mary: of London. bound to New Castle in Engd with 180: Hoggds of tobacco aboard: but he went directly to Scot- land. Wrighton at his return to pennsilvania imported 30: or 30 Tuns of Scotch Cole from Scotland: & in his way going up with them aboard the Burlington was seized by Cap Thomas Meech Command' of a small vessell Sett out by Coll Nicholson Gour of Maryland with power to seize all illegal Traders. Col: Andrew Hamilton then Gov! of W: New Jersey denied Meechs power to seize: afterwards Edw! Hunlock whom I deputed Coll: of that province seized her but did not prosecute her because Coll Hamilton had upon a peti- tion of Maurice Trent ye Owner & with Wrighton the M' of ye William & Mary Briganteen setting forth that ye french tooke their Clerings for the Cole in Liver- pool Engd: from them at Sea permitted the Vessel to be apprized: & accepted of their Bond to produce Cer- tificates thereof in a yeares Tyme It appeares by Hun- locks letter to me that there was a Bond given by Trent to Wrighton & by the Copy of my letter to Hunlock to prosecute the Bond but I find no reason for
32
482
NEW JERSEY COLONIAL DOCUMENTS.
[1702
their Giving such a Bond but to gett their vessel free from the prosecution.
About ye year 1698. I diputed Coll Basse then the Gov !. of the Jerseys to demand the Bond of Coll Ham- ilton & to putt it in Suit. But he told him that if he had the Bond I should not have it nor would he deliver it to any I should order to receive it. which Coll Basse when demanded will make appear.
Coll Hamilton has destroyed a Bond of about 200€ to the King: which he is certainly accountable for to his Matie This I certify as farr as I have discovered out of Cap Meech's Journall & other papers relating to the Brigant William & Mary
18: June
1702
J. RANDOLPH: S: G:
Lord Cornbury to the Lords of Trade, giving an ac- count of his proclaiming the Queen in New Jersey.
[From N. Y. Col. Docts: Vol. IV, p 960.1
To the Rt Honble the Lords Commissioners for Trade and Plantations.
My Lords.
Your Lordships letter of the 19 of March last (by the care of Coll. Blakiston) came safe to my hands on Wednesday the 17 of this instant June and in it I find a letter from the Lords to her Majesty's most Honble Privy Council commanding me to proclaim her most sacred Majesty Queen Anne in the Province of New York and East and West New Jersey *
On Friday the 19 instant I went over the waters into the Jerseys and went directly for Burlington which is the chief town of West Jersey, but the wayes were so bad I could not get thither till Sunday night late. Coll. Hamilton to whom I had writt from New York met me in East Jersey and conducted me to Burlington
483
THE QUEEN PROCLAIMED BY LORD CORNBURY.
1702]
where he had (being Governour of the Jerseys for the Proprietors) assembled the Chief Magistrates and In- habitants of the Place in order to proclaim her Majesty which was done on munday at eleven a clock, where the people shewed great marks of duty and affection to the Queen. I did intend to have gone immediately to Amboy which is the chief town in East Jersey, to pro- claim her Majty there but the floods have washed away the bridges so that till the waters are fallen, it will be impossible to travell. I hope two or three fair days will make the wayes passable to Amboy, to which place I will repaire the moment it is passable, I do not doubt but we shall have a good appearance there like- wise. Coll Hamilton who intends to conduct me hither having sent beforehand to give notice of my coming In the meantime I have taken this opportunity to come twenty miles down the River De La Ware, to see this place where I find a ship Just ready to saile for London. I thought it my duty to take this oppor- tunity to acquaint your LordP.s how far I have proceeded in obedience to your commands I shall return this Evening to Burlington and as soon as possible go to Amboy, and from thence to Yorke, from whence I will send your Lordships a farther account in the mean time I remain
My Lords Your Lordsps most obedient faithfull humble Servant 1
Philadelphia June the 23, 1702
EDWARD HYDE, LORD VISCOUNT CORNBURY, having been appointed Governor of New York, arrived there on the 3d of May, 1702. Although it seems to have been intended that he should be Governor also of New Jersey, it will be seen, by the doc-
484
NEW JERSEY COLONIAL DOCUMENTS. [1702
Lords of Trade to the Queen, recommending that some one not connected with affairs in New Jersey should be appointed Governor ..
[From P. R. O. B. T. Proprieties, Vol. 28, page 63.]
TO THE QUEEN'S MOST EXCELT MATY
May it please your Mat!
In Obedience to your Majesty's Order in Council of the 14th of May last, upon the respective Petitions of several Proprietors of New Jersey in America, Some of them proposing Andrew Hamilton Esq. to be appointed your Majesty's Governour of that Province, and the others representing their reasons to the Contrary. We have examined the several Petitions, and heard what the parties whom Wee find very much exasperated against each other. could alledge for or against the said Hamilton. And thereupon We humbly report to your Majesty.
That the Divisions among the Inhabitants as well as the Proprietors of that Country and the Disorders aris . ing from thence and from the want of a due constitu- tion of Government, and of an impartial Governour amongst them, have for some years been so great as to endanger the Lives of several of your Majesty's Subjects and to occasion many other great Mischiefs, particularly the Encouragement of Piracy and illegal Trade.
That from the first Intention and Proposal of Sur- rendring the Government, and whilst the Proprietors had several Conferences before us on that Subject, One party requesting that the said Hamilton might be ex- cluded from the Government as a person chiefly concerned in the mismanagements and Divisions in that Country. The other Party desiring his Nomina-
uments in the text, that from various causes he was not appointed to that position until the December following, and did not enter upon his duties until August, 1703. Lord Cornbury subsequently (1709) became the Third Earl of Clarendon.
1702] GOV. SHOULD NOT BE CONNECTED WITH PROVINCE. 485
tion as a motive of their Surrender; We did always declare to the said Proprietors that Such Surrender ought to be absolute and unconditioned, and that the Choice of a Governour was to depend Solely upon the Royal Pleasure and Authority of the Crown, wherein they Seem'd to Acquiesce.
We further humbly represent that The said Hamil- ton, upon his last Return to the Jerseys went from England, and, upon a Deputation from the Proprietors, assumed that Government without the Approbation or allowance of his late Majty in Contempt of the Act of Parliament made in that behalf and without Staying for Our Report upon his Majesty's Order concerning that matter. That by Certificates of the Surveyor General of the Customs in those parts it appears, he he hath favour'd illegal Trade with Scotland and other parts and he has so far incensed one Party of the Pro- prietors against him, that they will not (according to all appearance) be ever satisfied with hisAdministration.
And upon the whole matter, in Obedience to your Majesty's Commands We humbly propose as the only method of appeasing the animosities of your Majesty's Subjects in that Colony and of Settling the same, that your Majesty be pleased to appoint some person to be Governour thereof who is wholly unconcerned in those Transactions and Disorders & who being duly qualified may be able to bring both parties to a State of Quiet among themselves, and Submission to your Majesty's Authority, and take Care withall that the Laws of Trade and Navigation be for the future punctually observed.
All which is most humbly Submitted
Whitehall June 25th 1702 5
Rob Cecill
Ph: Meadows
Wm Blathwayt
Jn. Pollexfen Mat: Prior
486
NEW JERSEY COLONIAL DOCUMENTS. [1702
Earl of Nottingham to the Lords of Trade, recommend- ing certain Gentlemen to be of the Council of New Jersey.
[From P. R. O. B. T. New Jersey, A 3, Vol. 1.]
Lre from ye Earl of Nottingham with a List of per- sons to be of the Council of New Jersey.
WHITEHALL 4th Aug: 1702 My Lords & Gentlemen
The Persons, whose names are contained in the en- closed List, being thought proper to be Members of the Councill for the province of Nova Caesarea or New Jersey; I am directed to transmit the same to you, that in case you have no objection against any of the persons therein mentioned, you may cause them to be inserted in the Instructions preparing for the Right Honble the Lord Viscount Cornbury, who is appointed Her Matys Governor of the said province.
I am Yr most humble Servant NOTTINGHAM
Councill of Trade.
A List of the Names of persons proper to be of the Councill for the Province of Nova Cæsarea Coll Richard Townely Capt Andrew Bowne M: Thomas Revell Capt John Jewell Lewis Morris Esq Maj" John Berry
Daniell Coxe Jun' Esq
Cap: John Reading
William Laurance Jun! Daniel Leeds David Shepherd
Capt John Bowne John Holmes George Tayler
William Sandford John Royce Edward Hanlock
Edward Slater
Thomas Codrington
Obadiah Holmes.
487
NOMINATIONS FOR COUNCIL.
1702]
Nominations for the Council of New Jersey by Earl of Nottingham.
[From P. R. O. B. T. New Jersey, Vol. 1, A 4.|
List of persons proposed to be of ye Councils of the two divisions in New Jersey com'unicated by Mr. Blathwayt from ye Earl of Nottingham. Recd Augt 12th 1702.
A List of Names for Members of the Governours Councill in New Jersey in America
Eastern Partition
For the Andrew Bowne Esq! The Prop's last Governour
M. Richd Hartshorne of Middletowne
M". Jnº. Royse of Piscataway
M: Rich! Townely
of Elizabeth Towne
M'. William Laurence of Bergen County
Mª. Obadiah Bowne of Middletowne
Jeremiah Basse Esq" when hee arrives
If any one or two of ye six above-menc'oned bee for any reason (unknowne to me) excepted against
The following Persons are the next fittest to bee rec- omnended viz' to choose for exchange
First M! Thomas Warne of Amboy
M! Elisha Parker of Woodbridge
Mr. William Lawrence of Freehold
M! William Sanford of Bergen County
M! Samuel Walker of Piscataway
But against The following Persons many objections are made, as being of the Scotch & Quaker ffactions concerned sundry years in ye divisions, & incendiary Parties, that has brought those Provinces into such
488
NEW JERSEY COLONIAL DOCUMENTS. [1702
Confusion of Governm' Injustice to ye Proprietors and aversion of ye Planters & Inhabitants, vizt
These Nine of ye Scotch and Quaker ffaction
(M: Lewis Morris ye Head of ye ffaction M" Samuel Leonard M' George Willocks M. Jnº. Bishop L
M! John Barclay Samuell Dennis
MẸ Michaell Harden
W! Pinhorne
M! Thomas Gordon
Mª David Lyall
MI. Miles fforster
M! Jnº. Johnstone
ring them unfitt for that Station
For ye Westerne Partition
M: Thomas Revell
M! George Deacon
M: Daniell Leeds
M: Edward Hunlock
M: Jnº. Holme of Salem
Capt Joseph Seely of ffairfeild
Coll Robt Quarry when arrived
2: Jeremiah Basse Esq! when arrives. There are some other Quakers that are Men of Parts,
and Knowing in ye affaires of the Province, but &e.
More particularly take Caution against Samuell Jennings Francis Davenport
& their ffaction
Lords of Trade to the Queen, with a draft of Lord Cornbury's Commission as Governor of New Jersey.
[From P. R. O. B. T. New Jersey, Vol. 12, p. 22, compared with Smith's History of New Jersey, p 220, and Grants and Concessions, p 647.]
TO THE QUEENS MOST EXCELLENT MAJESTY. May ,it please your Majesty.
In Obedience to your Majestys Commands We have prepared the Draught of a Commission for the Right
Samuell Hale
These last four have
other Characters rend-
489
COMMISSION OF GOVERNOR CORNBURY.
1702]
Honble the Lord Cornbury to be Governor of your Maj- esty's Province of Nova Cæsaria or New Jersey which is in substance the same as was agreed to by the Pro- prietors before the Surrender of their pretended Right to the Government of that Country
Which is humbly Submitted
Whitehall
Dartmouth Cecill
August the ? 18th 1702
Wm Blathwayt
Jno Pollexfen
Mat Prior
THE LORD CORNBURY'S COMMISSION TO BE GOVERNOR OF NEW-JERSEY.
ANNE by the Grace of God Queen of England, Scotland, France and Ireland Defender of the Faith &: To Our Trustry and Well beloved Edward [Hyde, Esquire commonly called]1 Lord Cornbury GREETING. Whereas in the Government of that Country which was formerly granted by King Charles the Second under the Name of Nova Cæsaria or New Jersey, and which has since been Subdivided by the Proprietors, and East New Jersey and West New Jersey; such Miscarriages have happened that the said Country is fallen into Disorder and Confusion, which has accord- ingly been represented to our Dearest Brother the late King in Severall Petitions, Memorialls and other Papers signed by the General Proprietors, and by great Numbers of the Inhabitants; And by means of that Disorder the Publick Peace and Administration of Justice (whereby the Properties of Our Subjects should be preserved there) is interrupted and violated, and the Guard and Defence of the Country so totally neglected that the same is in iminent Danger of being lost from the Crown of England; And whereas the
The words in brackets in Smith's History, but not in the original draft .- ED.
490
NEW JERSEY COLONIAL DOCUMENTS. [1702
foresaid Proprietors being Sensible that the said Country and our good Subjects the Inhabitants thereof, can not be Defended and Secured by any other means than by our taking the Government of the same under our immediate Care, have Executed and made a formal and Entire Surrender of their Right or pretended Right and Title to the Government of that Country unto Us; We therefore reposing especial Trust and Confidence in the Prudence, Courage and Loyalty of you the said Lord Cornbury, Our of Our especial Grace, contain Knowledge and meer Motion, have thought fit to Constitute and appoint, and by these Presents do constitute and appoint you the said Lord Cornbury to be Our Captain Generall and Governour in Chief in and over the foresaid Country of Nova Cæsaria or New Jersey, viz. the Divisions of East and West New Jersey in America; Which We have thought fit to reunite into one Province and Settle under one intire Government.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.