USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 9
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97
1692] W. J. PROPRIETORS IN ENGLAND TO J. BASSE.
same Conveyance which brings this; Besides what they have proposed I do hereby faithfully assure you I will make you a Considerable annual allowance to be paid you in money dureing my life if you soe long Continue your residence in our Province. That ye onely wise God would Councell you in ye disposall of yourself prosper & succeed all your Generous Pious designes & undertakeings is & shall be the Constant fervent prayer of him who is
Dear Sr
You' most affectionate friend & faithful servant
DAN: COXE. -
August 5th 1692.
Letter from the Proprietors of West Jersey in England, to Jeremiah Basse.
[From West Jersey Records in Secretary of State's office, Trenton, Liber B 2, page 423.1
Letter to Jeremiah Basse from ye Societie signed on their behalf by Robert Hackshawe.1
LONDON ye 24th December 1692. MR JEREMIAH BASSE
St wee are not a litle Concerned that wee have not a Line from you though ye Bill by you drawn for 30 :* sterling In Exª for 40€ New York money is come to hand & yor money ordered to be paid wee are willing to put ye best Construction upon our want of yo" advise hoping that you have written us by ye Katha- rine Capt Goff who was taken & carryed by ye ffrench
1 See page 91 for his Commission, given in June, 1692, on the receipt of which he appears to have departed for New Jersey .- ED.
8
98
NEW JERSEY COLONIAL DOCUMENTS.
[1692
to St Mallows, for ye future when a ship come away take care to write us by both wee have already written you diverse Ler by this Boarde to which we refere yo" And now have further to acquaint you that wee have lately agreed with Doctor Coxe to purchase ye remaining one third of the Lands which hee sold us two thirds of our first purchase wee also bought of him ye 4000 Acres at Cohanzy or Salem Tenth Side which hee saith hee ordered you to take up for him wee have further agreed with him that if you should have taken up any other lands for him they should be ours Therefore Charge our Accot with yor disbursmts for what you may have soe taken up and Lett them be reckoned as part of the Eight Proprieties untaken up which we have bought of him and doe the like with respect to ye Charges for ye 4000 Acres at Cohanzy on Salem Tenth Side wee cannot now send you Copy of ye writings because they are not yet executed but they shall be sent as soone as wee can, We have ordered M! Westland to agree with a ffrench Cooper now at Plimouth who is recommended to us as a man well skill'd not only in makeing of Cask which is the thing wee principally aime at but also in makeing of rome & brandy pray try his skill in all these pticulars and let him not be Idle but be provideing of good store of Oyle Casks against next ffishing Season And when ye Season of ye yeare is fitt for it lett him exercise his Talent a litle in makeing some wine and send us a Cast of each sort the rome in a small Caske & the Brandy in Bottles because that cannot come in Caske. We have lately received a Survey of our Land taken up at Cape May Copy whereof wee suppose you will have in ye Country If any good Chapnen present for any part of our Land don't refuse them only with this Provisoe that you sell none of ye Land that Lies Con- venient for ye whale fishing till you heare further from us wee meane the Land upon Cape May lying
99
1692]
W. J. PROPRIETORS IN ENGLAND TO J. BASSE.
next ye Bay or upon ye Sea Coast for that wee will not sell. But any of the rest you may sell wee suppose wee need not reminde you of giving us Ample advise of all things as well Concerning ye whale fishing ffurr trade mines & mineralls our Land in Pennsilvania which if a good Chapman offers wee would willingly part with As also the two Proprieties above the ffalls surveyed & purchased by the Doctor of the Indians a further purchase wee have also made of the Doctor which hee bought of Thomas Budd Containing 15 Thousand Acres of Land that was allotted said Budd by the Country for satisfaction of a Debt of 1250* which they owed said Budd and for which Doctor Coxe paid the said Budd. is said to be the best Land in the Province. pray give us your thoughts of it And if you can have Chapmen that will buy it for twelve pounds p hundred Acres which price ye Doctor assures us it will yield you may sell what you can of it only reserving to us some part of it near the River where the best oaks grow for the Doctor tell us there are upon it the best oaks in ye whole Country. D' Coxe hath Informed us that Land is sold for 10$ p hundred Acres but rather than fayle you may sell that above the ffalls & in Pennsilvania for 5€ p hundred Acres Jersey money or any other except that of Tho: Budds & Cape May. You must also take care you doe not sell any so as to prejudise the rest which will be if you lett them take up all of the best & none of the worst Land with it But your prudence will in that Case we suppose direct you better than we Can. Not also till we heare from you but that wee are
Yo' Lo: ffriends
ROB: HACKSHAW by order of ye Committee. The originall is signed by S: Tho: Lane: Edw. Harri- son, Rob! Hackshaw, Rob! Michell W? Whitman, Charles Michell, Mordecay Abbott, James Boddington.
100
NEW JERSEY COLONIAL DOCUMENTS.
[1693
Solicitor General's Report on the Charter of Con- necticut, and on the Grant of New Jersey.
[From New York Col. Docts, Vol. IV., p. 1.]
May it please your Lordships
In obedience to your Lordships orders of the 8th Instant here unto annexed I have considered of the Charter granted to the Gov' and Company of Con- necticutt, and I have also considered of the Grants made to the Proprietors of East and West New Jersey in America and I am humbly of Opinion that notwith- standing any thing in the said Charter or Grants, that there Majesties by virtue of their Prerogative and Soverainty over those Colonies, which is not granted from the Crown to the Gov' and Company, nor to the proprietors by any of the Chart's may appoint Gov- ernors for these places with such Powers, and authori- ties for the Government thereof, and for raising men and furnishing Provisions for the necessary defence of his Subjects and the neighboring Colonies against their Enemies as their Majesties shall in their great wisdom judge reasonable.
And I conceive that the Proprietor of New York may assign his Propriety in New Jersey which is part of New York to others but cannot by any such Grant or Assignment absolutely sever New Jersey from New York but that still it remains a part thereof and dependent on the Gov'm' of N: York and lyable to contribute men and provisions for the suppt and pro- tect" of N: York against any Enemys.
13, Feb: 169§
THO: TREVOR.
101
1693] EAST JERSEY PROPRIETORS TO GOV . HAMILTON.
From William Dockwra, Secretary and Register of the Proprietors of East Jersey, to Governor Hamilton.
[From the Original among the Manuscripts of the N. J. Hist. Society.]
GOVERNOR HAMILTON
Sr Wee kindely salute you, haueing this day read yor letter pr Capt Phillips wch came via Barbados date at Perth Amboy the 30 Septemb: last with another therein enclosed of the same date signed by Mr Rico Hartshorn by order of the house of Deputies as their Speaker, and by M' Gordon by order of the Councill as Deputy Secretary. Wee are well satisfied wth the care and conduct you have showed in the asserting our right to ye Governmt & yo" own authority by our Commission an order to ye good & quiet settlem.t of the Province.
And we doubt not but a little time will make it manifest, that all those who haue perform'd their dutyes in a ready complyance wth you, haue therein consulted and adheerd to their true interest & the publique good of the whole Province, and those few who haue opposed you will quickly repent & correct their Errors. Our future Actions shall declare that we doe not more designe our own Interest than the reall prosperity of that province ouer wch you preside.
Wee shall gladly receive the best information, how we may be enabled to increase ye number of people to etle in the Province & to advance the trade thereof, particularly we desire to know whether a Whale fishery may not be established to good advantage at Egge harbour or Barnagatt and the best measures to be taken for it, wee being well assured that there is a very great resort of that ffish especially (as well as others) vpon o" coasts the Oyle & bone being very staple com'odities here,
Pray give our kinde respects to M' Hartshorne
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NEW JERSEY COLONIAL DOCUMENTS. [1693
Speaker of the Assembly and to all the rest of the members as you haue opportunity, their answer to our letter being very well resented, and wee desire you to acquaint y™ that wee shall take due care to represent to their Majties (or cheife Ministers of State their peaceable & dutifull behaviour to them & us vnder yo" Government, and particularly of their readynes to comply wth their Majesties pleasure to give such assistance to their neighbours agt the com'on Enemy (as they are able to doe) in case of any exigency.
The Government & inhabitants of New-Yorke, according to their wonted custom haue very lately by their Agents been solliciting again at Court, for an Annexation of both the Jerseyes to that Province, but have been frustrated in their designe and we little doubt all future attempts of that kinde will meet wth no better successe.
Wee are the more easie in this, by our observing ye vnity and good correspondence between you & ye Representatives of the people, which, together with yor experience and prudent managem' will free us from all apprehensions of being expos'd to danger from any just cause of complaint by those of New-York agt yo! Administration, Wee hope by the next shipp to receive an accot of the good effects of your so promiseing an Entrance into the Governm' & what progresse you have made in the particulars recom'ended to yo' care in our Instructions, And so we bid you heartyly Farewell,
Signed by order of the Committee of Proprietors
WILLY DOCKWRA,
London the first of April 1693 Secr & Reg!
[Addressed] To
The Honoured Coll. Andrew Hamilton Governour of the Province of East-New-Jersey In America at Amboy These.
Pr ye friends adventuring
Jnº King MẸ Q. D. G.
103
MINISINK JOURNAL OF ARENT SCHUYLER.
1694]
Journal of Captain Arent Schuyler's visit to the Minisink Country.
[From New York Col. Docts, Vol. IV., p. 98.]
May it pleas your Excell.
In persuance to y' Excell: commands I have been in the Minnissinck Country of which I have kept the following Journall: vizt
169¿ ye 3 of Feb: I departed from New Yorke for East New Jersey and came that night att Bergentown where I heired two men and a guide.
ye 4th Sunday, Morning, I went from Bergen & travilled about ten English miles beyond Haghking- sack to an Indian place called Peckwes.
ye 5th Monday. From Peckwes North and be West I went about thirty-two miles snowing and rainy wether.
ye 6th Thusday. I continued my Journey to Mag- gaghkamieck1 and from thence to within half a days Journy to the Mennissinck
ye 7th Wendsday. Abount Eleaven a Clock I arrived att the Mennissinck, and there I mett with two of ther Sachems and severall other Indians of whome I inquired after some news, if the French or their Indians had sent for them or been in ye Mennis- sinck Country. Upon wch they answered that noe French nor any of the French Indians were nor had been in the Mennissinck Country nor there abouts and did promise yt if ye French should hapen to come or yt they heard of it that they will forthwith send a mesinger and give y" Excellency notice thereof
1 The Indian name of the river "Neversink" which falls into the Delaware, a little south of Port Jervis, Orange County, New York. - O'Callaghan, from Eager's Orange County .- ED.
104
NEW JERSEY COLONIAL DOCUMENTS.
[1694
Inquireing further after news they told me that six days agoe three Christians and two Shan'wans Indians who went about fifteen months agoe with Arnout Vielle into the Shan'wans Country were passed by the Mennissinck going for Albany to fech powder for Arnout and his Company: and further told them that sª Arnout intended to be there wth seaven hundred of ye said Shan'wans Indians loaden wth beavor and peltries att ye time ye Indian Coarn is about one fout high (which may be in the month of June.)
The Mennissinck Sachems further sd that one of their Sachems & other of their Indians were gone to fech beaver & pelteries which they had hunted: and having heard no news of them are afraid yt ye Sinneques have killed them for ye lucar of the beavor or because ye Mennissinck Indians have not been wth ye Sinneques as usial to pay their Dutty, and therefore desire yt your Excell will be pleased to order yt the Sinneques may be told, not to molest or hurt ye Mennissincks they being willing to continue in amity with them.
In the afternoon I departed from ye Mennissincks: the 8th the 9th & 10th of Feb. I travilled and came att Bergen in ye morning and about noone arrived at New Yorke.
This is may it pleas your Excell. the humble reporte off your Excellency's most humble servant
ARENT SCHUYLER
Endorsed, Reporte of Capt" Arent Schuyler his mes- sage to the Mennissinck Country. Feb. ye 10th 1692
105
GOVERNOR HAMILTON TO GOVERNOR FLETCHER.
1694]
Letter from Governor Hamilton of East Jersey, to Governor Fletcher of New York.
[From Papers of F. J. Paris in New Jersey Historical Society Library Vol. C, Private Papers No. 5, and Vol. D, p. 77.]
To his Excellency BENJAMIN FLETCHER and the honourable their Majesties Council of the province of New York
Feb: 13th 169%
WHEREAS in the Time of Coll. Dongan the Sur- veyors of New York and the Jerseys Did, by a consent of the Respective Gov's, meet to ascertain the Sta- tionary points, from whence the Division Line betwixt New York and the Jerseys was to be drawn Conform to the Deeds Granted by the then Duke of York to the Proprietor of the Jerseys, that the Boundarys of Each province might be the better known. And whereas, in pursuance of the Said order, the Respective Surveyors went out and affixed a Sta- tion on Delaware River in 41: 40' Latitude and another on hudson's River in 41ª which is (Conform to a Map made by the Surveyers) Due west from fredirick Phillipse's Lower Mills ; but tho' the Stations were fixed, yett the Lines were not drawn.
May it please your Excellency,
That whereas I am now making a detachment of our men for the frontiers, out of the Respective Counties, and that there are Several plantations near the Line of partition, which pretends Exemption from any detachment, as being in another Government: and perhaps use the Same Shifts to York Government: Your Excellency to clear this point, would please give order to the Surveyer, to Join with our Surveyers at a certain day, to mark out the Line from the Said Station on Hudson's River as far as there are any plantations.
Your Excies most obedient Servant AND: HAMILTON
106
NEW JERSEY COLONIAL DOCUMENTS. [1695
Minutes of the Council of New York.
[From Papers of J. F. Paris in New Jersey Historical Society Library Vol. A p. 83.]
ATT A COUNCIL held at Fort William Henry the 22th of February 169ª
Present His Excell Ben Fletcher &c.ª
Fred Philipse
Steph Cortlandt Esq's Will. Pinhorne Gab. Menvielle John Laurence Esq": Collº Andrew Hamilton Governour of the Jerseys having desired that the line of Partition between the Province of East Jersey and this Province from the Station formerly agreed unto by the Surveyers of both Governments may be Run and marked to ascertain the right of some Plantations and Settlements neere the line who at present avoid the paying of Taxes or dutyes to either Government.
Ordered Collº Stephen Cortlant Collº Nicholas Bayard William Nicoll Esq' and William Pinhorne Esq" be a Committee of this Board to consider of an Answer thereunto against thursday next.
Instructions of the East Jersey Proprietors to Thomas Gordon.
[From the Original Draft in the Library of the New York Historical Society.] Instructions to Thomas Gordon.1
MR. THOMAS GORDON
The necessity we find the proprietors affairs ly
Thomas Gordon $
1 THOMAS GORDON, of Pitlochie, Scotland, was among the arri- vals in 1684 which added so materially to the advancement of East Jersey in population and enterprise. He brought with him his wife, Hellen, of the family of Stralogh,
107
INSTRUCTIONS TO THOMAS GORDON.
1695]
under, that an Agent go home' to represent the state of them2 and3 being well assured of your integrity and ability We have therefore unanimously made choice of you to undertake a voyage to England to that intent.
1° In respect Eliz. Town has made an Appeal home & may in likelyhood misrepresent the trueth of that tryall you who know the whole state of the affair can best obviat objections.
If they insist upon the verdict you may inform the prop's matter of fact: of the fallacy of the Jury, that all were parties [illegible] & contributed to make up
and four children, and established himself at first upon a plantation on Cedar Brook, in the vicinity of what was known, afterward, as Scotch Plains, from having been settled by the countrymen of Mr. Gordon. It now bears the name of Fan- wood. Before the close of 1687 his wife and all four of his children died. He had become a proprietor before he left Scotland and soon had assigned to him many important positions. In 1692 he was appointed Deputy Secretary and Register for the Proprietaries, by Wm. Dockwra, their Chief Secretary in London. The same year he was made Clerk of the Court of Common Right, Register of the Court of Chancery and one of a Commission for the trial of small causes at Perth Amboy. In 1693 he was appointed Judge of Probate, and in 1694 made an officer of the Cus- toms at Amboy. The respect and estimation in which he was held by the Pro- prietors at that time was manifested by his being sent to Engiand in 1695 with the nstructions in the text. He remained abroad three years, having with him, it is presumed, Janet Mudie, whom he made his second wife before his embarkation. In 1698 he was appointed Attorney General of East Jersey, and in December, 1700, was again invested with the duties of Judge of Probate; a substitute having been appointed during his absence. In 1702 Dockwra having been superseded, Mr. Gor- don was appointed to succeed him as Chief Secretary and Register of the Proprietors.
In addition to these and other offices of a local character, he represented Amboy and the County of Middlesex in the Provincial Assembly from 1703 to 1709, part of the time acting as Speaker. He was appointed one of Gov. Hunter's Council in 1709, and at the time of his decease held the same situation under Gov. Burnet. From June, 1710, to March, 1719, he was Receiver General and Treasurer of the Province. His name will be found connected with all the most important events of his time, and he seems to have been unusually worthy of the eulogistic inscription on his tombstone in the church yard of St. Peter's Church at Perth Amboy; whither was transferred, a few years since, from the old public burial place, the tombstone of his first wife. He died April 28th, 1722, in the 70th year of his age, leaving three sons, Andrew, Thomas and John, and three daughters, Mary, Euphemia and Mar- garet .- See Whitehead's Contributions to the Early History of Perth Amboy, &c .- ED.
1 The original draft, which is all in the handwriting of Andrew Hamilton, opens with " The confidence we have in your integrity and ability:" which words were erased after the next two corrections were made.
2 " Affairs" erased and them substituted.
3 " Have" omitted.
.
108
NEW JERSEY COLONIAL DOCUMENTS. [1695
Mª Nicols fees & [if the verdict is insisted upon Its only for the proprs to state themselves the appellants and that they join issue with them |1 vid. whether the D. grant to S. G. Carteret in July 1674 was good or not tho' after the surrender of these parts by the Dutch upon [illegible.]
Ob. If they should represent a hardship put upon them in respect there is a greater quit rent imposed upon them than they were to pay by the patent they had of Coll Nicols
Ans. Besides that that patent is void the Duke from whom he derived his power haveing sold the province several months before that grant. The quit rent of that patent is indefinite & refers only to such Quit rent & services as it should [illegible.] be established in other of the Dukes Colonies. Let it then be Consid- ered under what quit rent Staten Island Long island & the Bulk of the Lands in York governmt were settled by the same Coll Nicolls after the date of the Eliz. patent it will be found to amount to the 2ª p! acre demanded by the prop's
Ob. If it be objected that there is some town in Long island that pays but a lamb a year quit rent, & several great tracts of Land given by the late gov's may be for an Indian arrow or a fat buck.
Ans. There is no reason that they should Cull out any particular place in Long Island to be the Standard but the settlements in generall, becaus perhaps those places that payes a fat lamb might have given some valuable Consideration to the gov's for the time being which Eliz. never did. Nor is it to be taken as a measure at which Quit rent gov's have let land of late which being farr backwards & inconvenient was hardly worth asking for. And therefor the proper adjusting
1 The lines between the bars originally written "that the most it would amount to was [illegible] the propre to apppeal and that the proprs try the title with them."
109
INSTRUCTIONS TO THOMAS GORDON.
1695]
of the Quit rent of Eliz. Town even according to Nicols patent will be, That upon what quit rent & services soever the Choicest land in York governmt and the most convenient were setled by Nicols at the time or after Eliz. patent, so ought Eliz. Town which is the choise situation & land of East Jersey all things considered.
Que: if Nicolas patent is not void no certain quit rent being specified
To take advise how to repossess the prop" of the Land Coll! Townley holds at the point & the house & orchard at Eliz: Town. The last the proprs were cast at a tryall, & the first Judgement passed by default becaus we durst not come to tryall he haveing prein- gadged all the Lawyers.
If Col. Townly plead survivorship in right of Ph: Carteret from S" George Carteret whether he must not produce a contract of Survivorship. In short unles Townleys cas be heard at home by a Mandamus, the Proprs will be always cast let their right be ever so clear. That you acquaint the prop's if they come to any composition with the Eliz. Town men They except what lands are already patented within their pretended bounds for the proprs themselves have a great deale there. But Indeed the proprs ought to aggree no other- wise at home but by instructions to their Council of Proprs here otherwise they will be in that disrepute for the future they will not be capable of serving the prop's As to such of the Inhabitants that hold by Ph: Carteret's patents which are without clause of distress Its humbly offered if distress is incident at Common Law, the Stat. of [Queen Elizabeth?] does not take it away which only provides in favours of Chief & Mean Lords that what parcel of land soever the ffeofor sels the ffeoffee shall hold the same of the chief or mean Lord by the same tenure that ffeoffor held it. And so do all the Inhabitants hold in free & Common
110
NEW JERSEY COLONIAL DOCUMENTS. [1695
Soccage as the Prop's do and if the Prop"s may not let it out upon what quit rent they please where is their advantage in purchasing the Province?
To get certain instructions how to recover the rents of those patents where there is no clause of distress and the form of the writs & procedures Que .- whether such of Ph: Carterets patents are not but Estates for life which have the clause (To have & to hold (his heirs or assigns) instead of (and Assigns) And of Consequence a distress to ly the Reversion being in the Donor. And if it should be urged that it was but a mistake of the Clerk, whether the present proprs be oblidged to make good that which is supposed to be an error in S' George Carteret's Secretary.
There is no other intention in this Quere than if by the form of those patents the prop's cannot distrain that the people may be forced to take new patents. And if the people alleadge one Neglect in the Secretary the prop's may alleadge another that he forgot to put in a clause of distress, & that there may be no reproach thrown upon the prop's acquaint them, That when the people desired that by Act of Assembly the word (or) should be understood as the word (and) It was told them by the gov! That he would not by Act of Assembly make that an Estate of Inheritance which the laws of England made but an Estate for life. And tho they had behaved themselves undutifully to the prop's yet when they applyed for new patents and payed their arrears of quit rent They should have it granted them. It is a strange thing its the very form of patents in the original Concessions.
Quae What state the prop's are in & of whom they hold whether they are chief Lords, Mean Lords or ffeofees only to the Duke? Its humbly desired the proprs would give the reading to some points of law sent over .-
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