USA > New Jersey > Monmouth County > Early Dutch Settlers of Monmouth County, New Jersey > Part 12
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He used his power mercilessly and "turned down" all the old officials in
Monmouth, putting his old friends, principally from Shrewsbury township. in their places, for he could not be ex- pected to select justices from "the most ignorant and wicked people on (arth," and his political opponents, too.
He had Governor Hamilton appoint Gawen Drummond, a Scotchman, in place of James Bollen, the old county clerk. Dr. John Stewart, a resident of what is now Eatontown township, also a Scotchman, high sheriff in place of Daniel Hendrickson: Samuel Leonard and three other residents of Shrews- bury township were commissioned jus- tices of the peace. They were all new officers, with the exception of Capt. Leonard, who was a practical politician of experience. The first court in Mon- mouth to meet after their appointment was on the fourth Tuesday of March ensuing, after Hamilton's arrival in December. 1699. In the meantime the people of Middletown had become well informed as to Hamilton's defective commission, and that he had not been approved by King William. It was still believed among the English set- tlers of Middletown, as has already been mentioned, that all Scotchmen were debarred by English law from holding offices over "true born Britons." Although this was a mistake, yet it was an honest belief, founded on their feel- ings and prejudices and on former in- structions from the proprietors them- selves. Now they beheld to their great indignation and astonishment, a whole horde of Scots placed over their heads for them to render obedience to.
Lewis Morris and other leaders of the Scotch party, had in Basse's adminis- tration set an example of defiance and violence, and they were considered cap- able of any lawless or desperate act to grasp power or accomplish their ambit- ious designs. For was it not proved by the written declarations of three honest Quakers of Shrewsbury township, that Lewis Morris had said openly in their presence at the house of Abraham Brown in that township, that he had taken an office from Governor Hamil- ton, and would enforce his authority or "spill the blood of any man who resist- ed him!" That he had no scruples of conscience like Quakers; that he "would go through with his office though the streets run with blood." *
These bloody and savage threats by the president of Hamilton's council were, of course, carried to the people of Middletown, and stirred up the belief that Hamilton and his party would stop
: Vol. III, N. J. Arch., p. 485.
EARLY DUTCH SETTLERS OF MONMOUTH.
at nothing to enforce their authority. It also aroused their anger and strengthened their determination not to submit to a Scotch usurper and his bogus officials, for so they regarded them. Under such hot indignation, in- tense excitement, and wild rumors, Daniel Hendrickson, John Ruckman, John Bray, Samuel Forman, Eleazer Cottrell and other Middletown citizens, were summoned to serve on the grand jury at the first court, where Lewis Morris and the newly appointed jus- tices, were to sit. This court met at Middletown village, March 26, 1700, and held court in the second story of the block house, which stood on the knoll where the Episcopal church now stands. The stocks and whipping post stood in front, next to the six-rod road, which ran through Middletown village from west to east, as it does now, except that it has been greatly narrowed at the west end of the village. In Vol. 1I, N. J. Archives, pages 364-5-6, appears what purports to be a true copy of the minutes of this court. The compiler has made an error of one year in the date.
The date is given as March 26, 1701. but according to the original minutes now in the Monmouth county clerk's office, which anyone can see, who will look, the true date is March 26, 1700.
This mistake in the archives throws confusion on the order of events and is an inexcusable one. The compilers might have known from the language of the record itself, that there was an error in the date. The first two lines state that "the Commissions of the Jus- tices were read." This was only done when newly appointed justices took their seats for the first time on the bench. There were no newspapers or printing presses, and the only way of giving public notice was by oral an- nouncements to the people. Besides the records of the court held March 25th, 1701, which is published on the preced- ing page, and which the compiler must have read, states that all the justices were made prisoners and kept under strict guard from the 25th to the 29th of March, 1701. How then could a court have been held while they were cap- tives, or how could they have ordered their captors fined and taken into cus- tody? Accuracy and truth are the first and last requisites in historical records, and such a mistake made in a record now on file in the Monmouth clerk's office, right under the nose of the com- piler, throws doubt on the accuracy of the whole work. It may be said that
the mistake was in the certified copy, sent by Morris to England, but if this was so, a note should have been made of this error in the archives.
The minutes of the court of general quarter sessions of the peace, now (1899) in Monmouth clerk's office, show that this court was held at Middletown village March 26, 1700.
None of the citizens or residents of Middletown township are represented on the bench. They are all from Shrews- bury township appointed by Hamilton. subsequent to December, 1699.
CAPT. SAMUEL LEONARD, President. JEDEDIAH ALLEN, SAMUEL DENNIS, ANTHONY PINTARD,
Justices.
After court opened, the new justices' commissions are read. Then the panel of grand jurors are called by Dr. John Stewart, the high sheriff.
Eleazer Cottrell is first called, and he refuses to serve as grand juror, be- cause the justices have no legal auth- ority to hold court, being appointed by a usurping Scotchman. That Hamilton was not approved by the King of Eng- land and had no right to commission them. The court answered this objec- tion by ordering "the sheriff to take Cottrell into custody" for open con- tempi. Then Richard Salter, an Eng- lishman, who professed to be a lawyer. arose and protested against the arrest of Cottrell. He denied the legal right of the men then on the bench to hold court, that it was a bogus court created by a usurper and a Scotchman, who was debarred by statute law of England from holding office over "free born Englishmen." The justices shut up Salter by ordering the sheriff to arrest him, and so his stream of eloquence ceased to flow.
Then James Bollen, the old clerk, was called on to deliver up the records and papers of the clerk's offce to the new clerk, Gawen Drummond. Bollen flatly refused to do so, because of the serious questions about the legality of their appointment, and whether they were a lawful court, but still will give them up. so that they may go on with the business, if the justices will give him an indemnity bond in the sum of £10,000 ($50,000) so that he may not suffer financially, if it turns out that they are only sham justices under a usurping governor. Capt. Leonard and his associates appear now to be in 4 quandary. They do not know what to
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E.IRLY DUTCH SETTLERS OF MONMOUTH.
do. Without grand jurors and the 'ourt records, no legal business can be transacted. To gain time and consult as to the best course, court is adjourned for two hours. Lewis Morris is not present on the bench, but he may have bren within convenient distance for consultation and to direct his men. It is quite likely he was with them at their two hours' consultation, or sent in his opinion as to what should be done. At the expiration of the two hours, the justices again open court, although Lewis Morris puts in no ap- pearance on the bench. They have made up their minds as to their proper policy or course of action. They order Cottrell and Salter discharged from Sheriff Stewart's custody. They knew if they committed them to jail, that it was in Aliddletown village and in the cnemy's camp, and that they would at once be released. Neither did they dare order the sheriff to take them to an- other place, as they saw from the tem- per of the people, that it would be re- sisted by force, es did happen later. Therefore to gain time and avoid actual violence, they release the two men, but order Cottrell nned £5 and Salter £15 (he being a lawyer who should know better), and that the sheriff should make their fines by seizure and sale of their personal property, and to have the money in the court to be held at Shrewsbury on the fourth Tuesday in September next.
They also fine Daniel Hendrickson, John Bray, John Wilson, Jr .. Moses Lippet, and other Middletown men, for refusing to serve as grand jurors, or, as the record has it "contempt and mis- behavior before this court" in the sum of forty shillings each ($10.00) and or- der the sheriff to levy on their goods and sell them, and have the fines before next court in September Finding that the people will not recognize them as a court, and that no business can be done, they adjourn court, mount their horses and ride over to their homes in Shrews- bury township. There must have been an interesting conference at Morris' honse in Tinton Falls that evening, about the "bad and wicked people of Middletown."
The attempt of Sheriff Stewart to col- lect the fines from Salter, John Bray and others, led to resistance, and then other warrants of arrest were issued by the Morris justices. The sheriff and his deputy, Henry Leonard, in attempt- ing to serve them and capture Salter and Bray, was set upon July 17, 1700. and badly beaten by Salter, Jacob Van- Doren, Arie (Adrian) Bennett and.
others, as has already been detailed.
At the next court in Shrewsbury in September, 1700, following the above incidents, we find Lewis Morris sitting as presiding judge and the others al- ready named, sitting as his associates on the bench.
Arie (Adrian) Bennett is brought be- fore the court to answer an indictment for assault and battery on the High Sheriff and Henry Leonard, Bennett admitted that he was present when they "beat and wounded the sheriff and cracked their swords" but that he "did Hot assist with his own hand ".
The court orders him committed to the sheriff's custody, until he gives security in £100, to appear at the next court. Another court is held in Shrewsbury by Morris and his justices on the 17th of October, 1700. It seems to have been one of Morris' special courts. John Tilton is committed to sheriff's custody for signing a seditious paper.
Thomas Gordon. the Scotch lawyer, is present, and he informed the court that he had some money for Cornelius Comp- ton of Middletown, "one of those rioters and fellons" who refused to be arrested and brought before the court. The court orders Gordon "not to pay over this money until Compton was cleared by law." As this never occurred Gordon must still have the money. Joseph Clark is also committed to common gaol for one month, or pay a fine of 20 shillings, for refusing to assist the jus- tices of the peace to "apprehend certain rioters."
Garrett Boels is also committed to gaol. unless he gives security in £20 for his appearance at next court to be held at Middletown on the fourth Tuesday of March next, and all this because Boels put his mark or cross to a "sed- itious paper."
Thomas Webly, "for contemptuous and reproachful words in court" and otherwise misbehaving himself in the presence of the justices, is ordered to pay a fine of five shillings immediately. for the use of the poor, or be put in the stocks for two hours. Mr. Webly pre- ferred to pay the five shillings at once. Here it would be interesting to know when and how Thomas Gordon paid the money to the "poor." It perhaps got mixed up with "Compton's money."
Then comes High Sheriff Stewart, with another sad and unhappy com- plaint about the bad men over in Mid- dletown. He tells the court that Gar- rett Wall, James Bollen and Arie ( Adrian) Bennett, whom the court had
EARLY DUTCH SETTLERS OF MONMOCIIL.
committed to his custody on September 24th last, had forcibly escaped from, run away and stayed away, so that he was unable to obey the orders of the honorable court, and have their bodies before the court of the Common Right at Perth Amboy, Whereupon the sheriff is again ordered to have them before the court at Middletown on March 25th next.
The high sheriff also reported more perverse and ugly conduct on the part of the Middletown people. That the fines imposed on Richard Salter, Daniel Hendrickson, John Bray and others by the court on the 26th of March, 1700. for their "contempt and misbehavior, before the faces of the court, he, as high sheriff, had been unable to collect. The court again ordered him to make the said fines out of their respective goods and chattels, and have the money before the next court. No jury is called and no other business is done except as above.
Morris and his friends had full and sufficient warning and notice, that the Middletown people would not submit to and obey the courts as then constitu- ted. When Hamilton and Morris with their little army of 50 armed men had marched through Middletown village the preceding July, they had been ros- olutely met by 100 or more determined men, who meant fight, if a single blow had been struck. They, therefore, knew what was likely to happen and what did happen at the next court at Mid- dletown. t To make a diversion they got a man named Butterworth to admit that he was a pirate, and had been one of Kidd's crew, and bound him over to appear at the court in Middletown on March 25, 1701. I should be glad to know the names of his bondsmen, if any. It was what in modern slang is called a "set up job." They wanted to raise a new issue which would receive favor in England. They knew the de- ficient and illegal nature of Hamilton's commission, and that they had no chance in those questions. It would only hasten the day when the right of government would be taken from them and vested in the English crown. This they wanted to avoid. These records were framed under the supervision of Morris, Hamilton or Gordon, some time after the occurrence. The records of the court of March 25, 1701, could not have been written up in the minutes until after expiration of their four days'
+See letter of July 30, 1700, N. J. Arch .. Vol. II, p. 329-31, threatening arrest of Morris and Hamilton.
imprisonment, so that they had plenty of time to set out the facts about "the self-confessed pirate."
The following is a true copy of the record of this court, which made so much talk and excitement in New Jer- sey, and among the Proprietors in England, and which brought public matters to a conclusion so far as any further attempts to coerce and drive the people of Middletown township.
March 25, 1701.
Monmouth, ss.
At a court of sessions held for the county of Monmouth at Middletown, in the county afore- said and province of New Jersey:
Being present:
COL. ANDREW HAMILTON, Governor. LEWIS MORRIS. SAMUEL LEONARD. Esquires of the Governor's Council. JEDIDIAH ALLEN. SAMUEL DENNIS, Justices.
The court being opened, one Moses Butter- worth, who was accused of piracy, and had confessed that he had sailed with Capt. Kidd. in his last voyage, when he came from the East Indies and went into Boston with him. He was bound over to appear at this court. that he might be examined and disposed of according to his majesty's orders. The said Butterworth was called and made his appear- ance. When the court was examining him, one Samuel Willett, an Innholder, said that the "governor and justices had no authority to hold court, and that they would break it up "
He accordingly went down stairs to a com- pany of men, then in arms, and sent up a drummer, one Thomas Johnson, into the court, who beat upon his drum. Several of the Com- pany came up with their arms and clubs, which together with the drum continually beating, made such a noise (notwithstanding open proclamation made to be silent and keep the king's peace) that the court could not ex- emine the prisoner at the bar. And when there were (as the court judged) betwixt 30 and 40 men with their arms and some with cluhs, two persons, viz. Benjamin Borden and Richard Borden, attempted to rescue the pris- oner at the bar, and did take hold of him by the arms and about the middle and forced him from the bar .;
The constable and under sheriff, by the com- mand of the court, apprehended the said Bor- dens upon which several of the persons in the court room assaulted the constable and under sheriff, (the drum still heating and the people thronging up stairs with their arms) and rescued the two Bordens, Upon which the justices and king's attorney of the province, after commanding the king's peace to be kept : and no heed being given thereto, drew their swords and endeavored to retake the prisoner. and apprehend some of the persons concerned
#The pirate seemed very unwilling to be res- cued but had to be dragged out from the pro- tection of the court!
.
6-4
EARLY DUTCH SETTLERS OF MONMOUTH.
in the rescue, but were resisted and assaulted themselves, and the examination of the pris- oner torn to pieces. In the scuffle both Richard Borden and Benjamin Borden were wounded. But the endeavors of the court were not effectual in retaking the prisoner. He was rescued, carried off and made his escape.$ And the people, viz: Capt. Saftie Grover, Richard Borden, Benjamin Borden, Obadiah Holmes, Obadiah Bowne, Nicholas Stevens, George Cook, Benjamin Cook, Richard Osborne, Sam- uel Willett, Joseph West, Garrett Boulles, ( Boels), Garrett Wall. James Bollen, Samuel Forman, William Winter, Jonathan Stout. / James Stout. William Hendricks, John Bray, William Smith, Gershom Mott, Abner Heughs, George Allen, John Cox, John Vaughn, Elisha Lawrence, Zebulon Clayton, James Grover, Jr., Richard Davis, Jeremiah Everington, Joseph Ashton, with others to the number of about 100, did traitorously seize the governor, the justices, the king's attorney, and the under sheriff and the clerk of the court, and kept them under guard, close prisoners, from Tues- day the 25th of March 'till Saturday, follow- ing, being the 29th of the same month, and then released them.
GAWEN DRUMMOND, Clerk.
The above record contains names of the progenitors of many of the most reputable families in our county and state, and elsewhere in the United States, in this year 1899. They are here represented in a court record, as being guilty of rank rebellion for the mere purpose of enabling a strange pirate to escape. We never hear of this man afterwards, nor is there any previous mention of him, nor are his bondsmen ever called upon to pay. be- cause of his departing from the court without leave. After serving the pur- pose of Lewis Morris' juggling, he van- ishes like a ghost.
Governor Hamilton and his council send a complaint of this outbreak at Middletown to King William, above their own signatures.
This complaint is dated in May, 1701, and directed to "The King's Most Ex- cellent Majesty. The humble petitions of the governor and council of your majesty's province of East New Jersey."
The following extract relates to the Middletown affair:
"Upon the 25th of March last, at a Court of Sessions held in the usual place at Middle- town, in the county of Monmouth, and prov- ince aforesaid, where was present your Peti- tioners, Hamilton, in conjunction with Your Majesty's justices, to take the examination of a certain pirate belonging to Kidd's crew named Moses Butterworth, pursnant to Your Majesty's strict commands. While the pirate
§It does not appear that this pirate tried to escape or made any resistance. He seems to have been a good and docile "pirate," who stuck to the court until forcibly dragged away.
was under examination, those Libertines on purpose to hinder the court's proceeding in that affair, sent in one of their number to beat a drum, and others of them rushed in to res- cne the pirate, and accordingly carried him from the bar. To hinder the rescue and sup- press the rioters Your Majesty's justices. be- lieving it their duty to assist the sheriff and constables in the execution of their offices, (in which one of the rescuers was wounded) were surrounded by the rioters in great numbers, having (appearingly) on purpose appointed the same day to be a training day, on which the court was to sit, and their destruction by them most insolently threatened (which had been most certainly executed, had the wounded died on the spot), and was confined by them four days, 'till they thought him past hazard to the great dishonor of Your Majesty in the abuse of your ministers."
ANDREW HAMILTON, SAMUEL DENNIS, JOHN BISHOP. SAMUEL HALE, BENJAMIN GRIFFITH, WILLIAM SANDFORD."
Finding that neither the power of the governor nor of the county court, grand jury, or sheriff, nor of the armed posse which Hamilton and Morris had headed and marched over to Middletown vil- lage in July, 1700. could frighten or cowe the people into submission-that any further efforts in this direction meant a bloody fight, Lewis Morris, in- stead of "spilling his blood," concluded like Basse, to sail for England and stir up the government there, to use the army and navy of England against the wicked men of Middletown, who res- cued pirates from the officers of the law and arrested and imprisoned hon- orable representatives of His Majesty, while sitting in a solemn court of jus- tice. Terribly bad people, Lewis Morris said, lived over in Middletown, and so he has put them on record, which has come down through two centuries to this day. Morris accordingly sailed for England, some time in May or June, 170I, for we find him in London the following August. The only account of his career in England, oustide of his own writings, which I have seen, is that contained in a letter dated Nov- ember 28th, 1701, written by William Dockwra of London, one of the leaders of the English proprietors, to Capt. Andrew Bowne. This letter is in Dock- wra's own handwriting. The original letter is now in possession of William S. Crawford, son of the late James G. Crawford of Holmdel township. A copy of this letter is also published in "Old Times in Old Monmouth," pages 283-4.
He speaks in this letter of Lewis Morris as "their Champion Goliath, L. M.," and that they have "boasted in-
-
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EARLY DUTCHI SETTLERS OF MONMOUTH.
credibly of their bringing in Colonel Hamilton again over your heads in East Jersey."
Dockwra further writes, that they have fully informed King William of the true situation of affairs, and that Hamilton will be rejected. He adds that "we, that have said less, have struck the mark and done more to rid you of a Scotch yoak." He says that "the surrender of the proprietory gov- ernment of New Jersey to the English Crown will take place or occur in about two months," and concluding writes "I shall be pleased with the ex- change for an English gentleman to govern an English colony."
The following petition was sent to William of Orange, the King, signed by John Ruckman, Arie Bennett, Jacob VanDorn, Garret Wall, Andrew Bowne, Daniel Hendrickson, Samuel Forman, John Bray and many others of the res- idents of Middletown township. Their names will all be found on pages 325 to 328, Vol. II, N. J. Arch. This petition shows partially their side of the case for the consideration of the govern- ment of England.
"To the King's Most Excellent Majesty :
The remonstrance and humble petition of Your Majesty's loyal subjects, inhabiting in your Majesty's Province of East New Jersey in America, humbly showeth,
That whereas Your Majesty's humble Peti- tioners did remove and settle themselves in the said Province of East New Jersey: and by virtue of a license from Hon. Col. Richard Nicholls, Governor of said province under his then Royal Highness, the Duke of York, to purchase lands of the Native Pagans, did ac- cording to said license purchase lands of the said natives at their own proper costs and charges. And whereas since, his said Royal Highness did sell and transfer all his right and interest in the said province of East New Jersey to certain proprietors : by whose lie- ense several others of Your Majesty's loyal subjects have since also purchased lands at their own proper costs and charges of the native Pagans of the same place: whereby they humbly conceive they have acquired and gained a right and property to the said lands so purchased. Yet notwithstanding, your Maj- esty's loyal subjects are molested, disturbed and dispossessed of their said lands by the said proprietors or their agents, who, under pretense and color of having bought the gov- ernment with the soil, have distrained from, and ejected several persons, for and under pretence of quitt rent and Lord's rent, where- by Your Majesty's liege subjects have been sued and put to great trouble and charges, and have been compelled to answer to vex- atious actions, and after they have defended their own rights, and obtained judgment in their favor, could not have their charges, as, according to law, they ought to have but have been forced to sit down under the loss of sev- eral hundreds of pounds, sustained by their
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