USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 5
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The Jury after a short Stay, acquitted Ashfield of the Indictment.
Jamal Novill 1
A True Copy of a Letter, from Samuel Nevill Esqr, One of the Judges of the Supreme Court of the Prov- ince of New Jersey, so far as relates to the Tryal of M: Lewis Morris Ashfield, upon the Indictment brought against him in the said Court. J. B.
1 For biographical notice of Judge Nevill see Vol. VI, p. 323 .- Er.
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ADMINISTRATION OF GOVERNOR BELCHER.
1752]
Papers relating to a riot at Perth Amboy, April 13, 1752.
[From P. R. O. B. T. New Jersey, Vol. 7, H. 6 )
Extract of the Minutes of Council ye 24th of April 1752, and Copies of several Papers re- lating to a notorious Riot committed ye 13th of that Month in the City of Perth Amboy, by some Villians that broke open ye Goal there, & deliver'd one who was committed as a Prisoner for High Treason.
Recd with Gov! Belcher's Letter dated ye 1st of May 1752.
At a Council held at Elizabeth Town on fryday the 24th day of April 1752.
PRESENT
His Excellency the Governor M! Hude M. Kemble M: Ogden
His Excellency Spoke to the Council as follows. Gentlemen of the Council
I am Sorry for the Occasion of my Calling you to- gether at this time, Which is to lay before you a Notorious Outrage Committed upon His Majestys Authority in this Province, by a Number of Lawless Villains, in breaking open his Majesties Goal in the County of Middlesex, and Rescuing from thence One Simon Wycoff, who Stood there Committed for high Treason.
The 11th Instant John Waller, keeper of the said Goal, was with me, and told me he had Reason to be- lieve that there would be a forceable attempt made to
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ADMINISTRATION OF GOVERNOR BELCHER. [1752
deliver the said Wycoff out of Goal: Upon which I immediately made out a Warrant to William Deare Esq! Sheriff of the said County, to use all possible means according to Law to prevent any such Outrage and to keep the said Wycoff in Safe Custody.
And at the same time I wrote a Letter to the hon- ourable Andrew Johnston Esq One of his Majestys Council, And Samuel Nevill Esq One of the Judges of the Supream Court Of his Majestys Province of New Jersey Particularly advising them of the Matter, and Inclosed to them the Warrant I made out to the Sheriff: The Answer to which Letter I also now lay before you with some affidavits Relating to this Affair; And I am not a little Surprized that no Steps were taken to oppose Such a Violence to be Committed on his Majesties honour and Government.
In this Extraordinary affair I now ask your advice, What may be most proper to be done for the Support of his Majesties Government, for ye better keeping of the peace of this Province; and whether it might not be necessary to Call the Assembly together to have their Advice and Assistance in this matter, and Whether any thing Can be done in the mean time to Express our utter abhorence and detestation of Such wicked tumults and disorders, and for Suppressing the Same.
The several papers I now lay before you, I have Ordered the Secretary to enter upon the Records of the Governor and Council.
J. BELCHER
ELIZABETH TOWN April 24. 1752.
The papers Refered to in his Excys Speech are as follows.
Loco By his Excellency Jonathan Belcher *
1 Sigilli Esq. Captain General, and Governor in * Chief in and over his Majestys Province of
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ADMINISTRATION OF GOVERNOR BELCHER.
1752]
Nova Cesarea or New Jersey, and Territories thereon Depending in America, Chancellor and Vice Admiral of the Same.
To William Deare Esq' high Sheriff of the County of Middlesex.
Judge Read was with me a few days ago and told me he has ordered one Simon Wykoff (Called a Cap- tain among the late Rioters) to be Committed to Am- boy Goal for high Treason; and this Day John Waller, who keeps the said Goal, has been with me and Says that he has good Reason to believe that there will be a forceable attempt made to deliver the said Wykoff out of Goal.
These are therefore to require you in his Majesties name to use all possible means according to Law to prevent any Such outrageous proceeding, and to Con- tinue the said Wykoff in safe Custody.
Given under my hand and Seal at arms at Elizabeth Town April 11th, 1752.
J. BELCHER
Gentlemen
I understand one Simon Wykoff is Committed to Goal at P. Amboy for high Treason, and John Waller the Goal keeper (who is now with me) Says he has too much reason to believe the Said Wykoff's friends will attempt to deliver him out of Goal by force; I have therefore made out upon the Sheriff the Inclosed Special Warrant, that he may take the better Care to have the Goal well Secured, that the said Wykoff may Still be Safely kept in Custody; and as you are Gentle- men of Superiour Order in this his Majesties Govern- ment, I desire and expect from you that in your Sev- eral Stations you do all in your power to Encourage
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ADMINISTRATION OF GOVERNOR BELCHER. [1752
and protect the Sheriff in his office that no Insult or outrage be Committed on his Majestys authority.
I am with due Respect Gentlemen
Your friend and Serv!
ELIZABETH TOWN April 11. 1752 J BELCHER
To the honourable Andrew Johnston Esq' one of his Majesties Council Samuel Nevil Esq: one of the Judges of the Supream Court Of his Majestys Pro- vince of New Jersey
PERTH AMBOY April 14. 1752
May it please your Excellency
I Received a packet from your Excellency by M! Waller on Sunday morning last near one o'Clock with an Inclosed Letter directed to M' Andrew Johnston and myself; as also your Warrant or order to the Sheriff of Middlesex, I waited on M' Johnston the Same morning, and pursuant to your direction we Sent for the Sheriff and gave him your Warrant, and at the Same time directed him to be carefull of his prisoner and to secure his Goal, in the best manner he could, letting him know at the same time that he was already Cloathed by vertue of his office with all the power we could give him, to wit, that of Raising the Posse Commitatus
On Monday Morning we received Some flying and Contradictory Reports that Some people were gather- ing together in the Country to take Wykoff out of Goal, and M' Johnston and myself met and Continued together till the day was far Spent, but heard nothing further. however about three o'Clock in the afternoon a Number of people, about twenty or upwards, with Clubs in their hands, broke open the Goal, and Res- cued Wykoff in the manner the Inclosed Affidavits will Inform your Excellency. Had M' Johnston and myself been present I conceive we could have been but
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of little Service: for my real opinion is, that the power of the Government in New Jersey is at present very weak as to Subduing Insurrections of this Nature, no provision being made by the Legislature to Support that power, though frequent application have been made by your Excelly as well as by the late Governor, to the Assembly for that purpose. This together with a Seeming Reluctancy in the people to the obedience of Authority in the present Case, hath Rendered any Attempts to Suppress and prevent Such like Riots and disorders in a great measure Impracticable.
I wait for your Excellencys advice and direction which method will be most prudent to Issue an Escape Warrant and hue-&-Cry after the Traitor Wykoff, or delay it for a few days, untill the affair grows Cool. Some are of opinion that in the latter Case, he will boldly appear in a short time and be easily taken; But that if the Country be alarmed he will withdraw and not be taken at all, or with Great difficulty. Which of the Schemes is most adviseable, I submit to your Ex- cellencys wise Consideration, and Refer you for fur- ther particulars to the Sheriff, who now waits upon your Excellency for your orders, Instructions and Commands in this unhappy and Critical affair.
M' Waller, when he waited upon your Excellency, did not inform You that he had permitted this Traitor Wykoff to go home privately and unknown to the Sheriff; and that he, Waller, furnished him with a horse for that purpose; and that the said Wykoff was gone from fryday the 3ª to Monday the 6th of this In- stant April; Which time I doubt not Wykoff employ- ed in Raising and Spiriting up his friends to Rescue him from the Goal. And Waller did not inform the Sheriff of those fears and apprehensions of Wykoffs being Rescued, which he Related to your Excellency. Of this Affair the Sheriff will likewise further inform your Excellency.
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ADMINISTRATION OF GOVERNOR BELCHER. [1752
I impatiently wait for your Excellencys further ad- vice and directions, and shall be always ready to do every thing in my power for the Security of his Sacred Majesties person & Governmt (whom God long pre- serve from all Treasons and Traiterous Conspiracies) and for preserving the peace of the King's Government here in New Jersey. I am, Sir, with all due Respect,
Your Excellency's most obedient humble Servant SAMUEL NEVILL
To his Excellency Jonathan Belcher Esq.
New Jersey ss.
JAMES NEWELL of the City of Perth Amboy Taylor of full age maketh Oath, that on Monday the 13th of April 1752 he this Deponent was told that the Rioters were Breaking open the Goal in the said City of Perth Amboy, upon which he went to the said Goal where he saw a Number of people, about twenty, armed with Clubs about the said Goal; That the outer door was then opon, and he heard a great knocking within the Goal as if it was breaking open Locks; That soon after he saw one Simon Wykoff brought out amidst a number of people and mounted on horseback, and Carried off in Triumph by the Rioters, who huzza'd as they went away. And this Deponent further Saith that he Saw one Benjamin Corle among the Said Rioters with a Club in his hand. And further this Deponent Saith not.
Sworn this 13th day of April 1752. Before us ANDW JOHNSTON SAMUEL NEVILL Copy.
JAMES NEWELL
New Jersey ss.
THOMAS Fox of the City of Perth Amboy Gentl. maketh oath, that on monday the 13th of April 1752 he this Deponent was in Company with William Deare
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Esq high Sheriff of the County of Middlesex, when Some persons came and told the said Sheriff that a Number of people were Coming to break open the Goal; upon which the Sheriff desired this Deponent to go with him to the Said Gaol, to bear witness of what pass'd; That they went up accordingly, and presently came up a Number of people with Club in their hands on horseback; that one of them gave the word of Com- mand to dismount, whereupon the Sheriff put himself between them and the prison door, and demanded what they came there for; that one of them, a Lusty Man, and a Dutchman as this Deponent believes, Said they were come for Simon Wykoff and would have him out; that the Sheriff forewarned them from breaking open the Kings prison; That they then Cryed out in a Tumultuous manner that they Loved King George better than he or any body there, and would have Jus- tice: or words to that effect; they then Demanded the keys of the Sheriff, and said if he would not deliver them they would break open the Goal, and that they did not want to hurt him or any one else, but they would have him out; that the Sheriff refused to Deliver the keys; That some persons from behind Called out, Who hath the keys Damn them, whip them till they deliver them: or words to that Effect; That they then Said he must give the keys and it would be better for him; that this Deponent told them that it was as much as Office or his Life was worth, and that it was a shame to abuse an officer in the Execution of his office; they Replyed they did not Care, they would have Justice; That this deponent told them that if they would have patience they would have Justice; they Replyed they had Stayed long enough, and now all was quiet, they had began again with them; that they then Cryed out again in a Tumultuous manner why do you delay, break it open; that they then pro ceeded to break open the Goal with Iron Instruments,
5
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ADMINISTRATION OF GOVERNOR BELCHER.
[1752
and broke the outer Door, when a Number of the Rioters Crouded in; and Soon after this Deponent Saw the Said Rioters bring the aforesaid Simon Wykoff out of the Goal, and that they mounted him on horse back, and Carried him off in a Triumphant manner with Loud Huzzas. And further this Deponent Saith not.
THO: FOX.
Sworn this 13th day of April 1752 Before us
ANDY JOHNSTON SAMUEL NEVILL
New Jersey ss.
WILLIAM DEARE Esq high Sheriff of the County of Middlesex maketh Oath that about 3 o'Clock on mon- day the 13th of April 1752 in the afternoon, he this De- ponent Seeing a great number of people coming into Town on horse back, and being informed that they were Coming to take one Simon Wykoff out of the Goal of the County of Middlesex, who had been Com- mitted to the said Goal by Judge Read upon an Indictment found against him for high Treason, he this Deponent went up to the Said Goal, and Soon after a Number of persons on horseback came up, about Twenty, as this Deponent believes, most of them armed with Clubs, that he this Deponent asked them what their business was; that some of them Replied they Came for Simon Wykoff, and demanded the keys of the Goal, of this Deponent; That this Deponent Refused to deliver the keys, upon which some of them said that he this Deponent had better deliver the keys than have the Doors broke open for they would not pay for the Locks if they broke them; that this De- pont forewarned them from breaking open the kings Goal at their Peril, that one of the said Company, who this Deponent believes to be one Hegeman, a Son of Adrian Hegeman, and a Blacksmith now or lately living in the County of Somerset and province of New
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Jersey, went up to the outward door of the Said Goal, which was fastned with a padlock on the outside, and with a hammer & Chizell broke open the Said Door, upon which a Number of the Rioters Rushed into the Said Goal, and broke open the Entry door, and after- wards broke open a Door which led into a Room where the aforesaid Simon Wykoff was Confined; that the Said Simon Wykoff was Rescued out of this Depo- nents Custody in the manner afore mentioned, and was mounted upon a horse and Carried off in Triumph with Loud huzza's by the Said Rioters. And this De- ponent further Saith that he Saw one Benjamin Corle on horseback amongst the said Rioters with a Club in his hand, and that he Saw another person there whom he believes likewise to be a Son of the aforesaid Adrian Hegeman. And further this Deponent Saith not. W" DEARE.
Sworn this 13th day of April 1752 before us
ANDY JOHNSTON SAMUEL NEVILL
His Excellency desired the advice of Council thereon.
The Council were of opinion that as the Disturb- ances of this Province have for some time past been under the Consideration of his Majesty and his Minis- ters, and it is Expected that advices will soon arrive from home Relating to the Same, this Board were of opinion that the deferring their advice till their quar- terly meeting on the 10th of May next may be most expedient; hoping in the mean time his Excelly will Receive directions from his Majesty in those affairs.
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ADMINISTRATION OF GOVERNOR BELCHER. [1752
Letter from Governor Belcher to the Lords of Trade -relating to the riot at Perth Amboy.
[From a copy among the Belcher Papers in Library of N. J. Hist. Soc.]
May 1 1752
(Extract.)
* * * Your Lordships will see that altho' I early summond a Council on this matter [the riot at Perth Amboy] there Appeared only 3 of the Members & they wou'd give no Opinion in the Affair for want of a fuller Number of the Council weh I shall expect to see the 11th of this inst after which I shall not fail to ac- quaint y" Lordships what further measures may be taken for Suppressing this Outrageous insult upon the King's hon' & Governmt.
I almost forgot to say to your L'ships that after a few ds Simon Wickoff Volun: returned to his Con- finemt but this sure can be no Aleviation of the Atro- cious Crime of wth he & his Accomplices had been guilty. J BELCHER
Letter from Governor Belcher to Richard Partridge about riot at Perth Amboy.
| From Belcher Papers in Library of N. J. Hist. Soc ]
May 1 1752
MR RICHARD PARTRIDGE
Bro: Partridge
(Extract. )
* * * It is with much Concern that I am obliged to observe to you that a Riot was Committed the 13th of last month by a Number of about 20 Lawless Vil- lains who broke open the Kings Goal at P. Amboy & deliver'd from thence one Simon Wikoff who was
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ADMINISTRATION OF GOVERNOR BELCHER.
1752]
there Committed for High Treason the Papers relating thereto I send with the inclosed to the Lords of Trade whose L' I leave open for yr perusal & then you will seal & deliver it altho' the Man is since return'd to Goal yet I am afraid this will give an unhappy turn to the Affairs of this Province You will see I have done what was necessary & proper in the matter & when the Council meets me I shall be able to say what steps will be further taken in this Vile Affair.
I am Your lov& Bro. J BELCHER
Order of the Lords of the Committee of Council for Plantation Affairs, referring to the considera- tion of the Lords of Trade a report made by His Majesty's Attorney and Solicitor-General relating to many outrageous and riotous pro- ceedings carried on for some years last past by several inhabitants of the Province of New Jersey.
[From P. R. O. B. T. New Jersey, Vol. 7, H, No. 7.]
*
* L.S. AT THE COUNCIL CHAMBER WHITEHALL the 7th day of May 1752
By the Right Honourable the Lords of the Committee of Council for Plantation Af- fairs.
Whereas there was this day laid before the Lords of the Committee of Council, a Report made by His Maj- esty's Attorney and Solicitor General, upon Consider- ing a Report of the Lords Commissioners for Trade and Plantations, as also several other Papers relating to the many great Outragious and Riotous proceedings that have been carried on for some Years past by
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ADMINISTRATION OF GOVERNOR BELCHER. [1752
several of the Inhabitants in the Province of New Jersey; And likewise upon Considering three Petitions of the Possessors of Land in Essex, Middlesex, and Somerset, being the Persons concerned in the said Riotous proceedings Setting forth amongst other things as the cause and Foundation of such their Proceed- ings, their having been threatned to be turned out of the Possession of the Lands which had been Purchased by their Ancestors and themselves from the Indian Sachems, the Original Possessors of all the Lands there, several Ejectments having been brought against them for that Purpose-The Lords of the Committee this day took the said Report of His Majestys Attor- ney and Solicitor General into their Consideration together with a Draught of a Commission Prepared by them and annexed to their said Report For making an Enquiry into the Causes of the Rise Progress and Con- tinuance of the said Commotions, with Blanks left therein for the Names of such Persons as His Majesty should be pleased to Nominate Commissioners for that Purpose-And the Lords of the Committee are hereby Pleased to refer the said Report and Draught of Commission (Copys whereof are hereunto annexed) to the Lords Commissioners for Trade and Plantations who are to Consider thereof, and of the manner, in which they conceive the said Commission may be most Properly carried into Execution, And Report the same to this Committee, together with their Opinion there- upon. : W: SHARPE.
To the Right Honourable the Lords of a Com- mittee of His Majestys Most Honourable Privy Council
May it please Your Lordships
In pursuance of Your Lordships Order of the 30th of July last Setting forth that Your Lordships had taken
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1752]
ADMINISTRATION OF GOVERNOR BELCHER.
into Consideration a Report made by the Lords Com- missioners for Trade and Plantations upon the State and Condition of His Majestys Province of New Jer- sey in America; whereby it appears that many and great outragious & riotous proceedings have been car- ried on for some Years past by several of the Inhabit- ants in that Province That the Goals have been broke open by large Bodys of People and prisoners freed and set at liberty; and that the Power of the Government has not been sufficient to put a Stop thereto, in regard the Assembly did not concurr with the proposals re- peatedly made to them by the Governor and Council for strengthening their hands and bringing the Of- fenders to Justice-That the Reasons assigned for the Cause & Foundation of these violent proceedings (as appear by three Petitions of the Possessors of Land in Essex Middlesex & Somerset referred by His Majesty to Your Lordships) are the Apprehensions they are under of being turned out of the Possession of their Lands which they alledge to have been purchased by their Ancestors and themselves from the Indian Sachems the Original Possessors of all the Lands there several Ejectments having been brought against them for that purpose Upon Consideration whereof Your Lordships were of Opinion that it will not only be necessary but expedient on this Occasion to cause a strict enquiry to be made into the true and real Cause & Foundation of these Disturbances. And to that end, were thereby pleased to Order That we do consider of proper methods to be taken for enquiring into the Grievances of the Kings Subjects in that Province re- lating to their Possessions and to look into the preced- ents and Commissions that have at any time been issued on like Occasions, And that We do prepare a proper Draught of a Commission to be issued for that purpose leaving Blanks therein for the Names of such Persons as His Majesty shall be pleased to nominate
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ADMINISTRATION OF GOVERNOR BELCHER. [1752
Commissioners and lay the said Draught before Your Lordships with all convenient Speed
We have taken the Matter thereby referred and all the Papers therewith transmitted to Us into Consid- eration.
As to the Precedents & Commissions that have issued upon the like Occasions We have not been able to find any for enquiring into Titles and Possessions either here or in the foreign Dominions of this Crown not warranted by Act of Parliament-The only One we have found that bears any resemblance to the pre- sent Case, is what was Granted by King Charles the 2ª in the Year 1676 To enquire into the Causes of a Rebellion in Virginia But as that does not relate to matters of private Property between the Subjects, It does not appear to Us a Precedent for an inquiry of this kind which is only proper for the Connsance of the Ordinary Courts of Justice
We have therefore prepared the Draught of a Com- mission in general Terms for an Enquiry into the Causes of the rise Progress and Continuance of the Commotions in New Jersey which is annexed to this Report
But Your Lordships having been Pleased to Order Us to Consider of proper Methods to be taken for enquiring into the Grievances of the Kings Subjects in New Jersey in relation to their Possessions
We beg leave to inform Your Lordships that from the Report of the Lords Commissioners of Trade and Plantations of the 1st of June 1750 And the three Peti- tions of the Possessors of Land in Essex Middlesex and Somerset in the said Order mentioned It appears to Us that the only Grievance alledged, is an Apprehen- sion that Injustice will be done upon the Tryal of Ejectments brought or Threatened to be brought against Persons who have long been in Possession of Lands now claimed by others upon the foundation of
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1752]
ADMINISTRATION OF GOVERNOR BELCHER.
Old Titles: and the Possessors profess only to desire that the Matter may come fairly before His Majesty in Council for an impartial Determination And as by general Verdicts the Merits may be prevented from coming before Your Lordships upon an Appeale We humbly Submit to Your Lordships whether it might not be proper to send an Instruction to the Governor to recommend to the Judges upon any Tryals of Ejectments for Lands in Essex Middlesex or Somerset to have all the Evidence found in the Nature of a special Verdict by which Means the whole may come fully and fairly after the Court has given their Judg- ment before His Majesty in Council upon an Appeal, who will take every Circumstance of Title Possession and Improvement into Consideration A Solem deter- mination once had here will be a Rule for all Similar Cases And the Nature of the Question being once un- derstood may Point out the Way to some general Remedy by Legislative Authority in Case any shou'd be wanted Or if the Possessor has no Title; nor such a Possession as any Act of Limitations in New Jersey can protect; but has by the acquiescence of the Legal Proprietor been permitted to settle the Plantation as if the Land was his own: That may perhaps be a Ground to apply to the Court of Equity in New Jersey for an Injunction to quiet him in the Possession in which Case likewise all the Evidence & Circumstances must come before His Majesty in Council upon an Appeal
But We are apprehensive that without Authority to try or Determine, Commissioners will not be able even to State the various Questions which seem to be agi- tated at present in New Jersey concerning Titles to Lands; much less to quiet them.
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