USA > New Jersey > Union County > Elizabeth > History of Elizabeth, New Jersey : including the early history of Union County > Part 13
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An indictment was found against "Wm. Meaker, Jeffery nes, Luke Watson, Nicholas Carter, Samuel Mash, sen', ; Ogden, Jr, Joseph Meaker, and Hurr Thompson," for p- ng down Michell's fence on the 20th of June previous. They all appeared in court, on the 8th of March,-when the trial came on,-heard the indictment, were asked,-" Guilty, or not guilty ? "-and made no response ; but, though ordered
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ELIZABETH, NEW JERSEY.
to remain, left the house without putting in any plea at all. The complexion of the court and jury was such as to satisfy them, that the issue was a foregone conclusion ; that Carteret was determined to sustain Michell, and to secure a judgment against the town in the persons of Meeker and his associates. A trial, in such circumstances, was a mere mockery. The persons indicted would have nothing to do with such a tri- bunal, and the people sustained them in their contumacy. The case proceeded. Evidence was given for the prosecu- tion, by George Pack, Wmn. Letts, Vincent Ronyon, Wmn. Cramer, Richard Michell, and Wm. Pardon. No evidence was given for the defence. The accused were severally found guilty of a riot ; and, the next day, appearing in court, received sentence ; Wm. Meeker to pay £5, and each of the others, £3; the fines to be collected by distraint. The fines were not payed; yet no distraint followed. The marshal, Samuel Moore, of Woodbridge, was powerless in the presence of an outraged and indignant people, whose opposition to the Governor and his party had now become more than ever de- termined .*
The Newark settlers appear to have been in full sympathy with their brethren here. They were evidently quite as little pleased with the Governor's policy. At a
Town Meeting 22d Jan'y, 1671, Mr. Treat and Lient Swain are de- puted, to Take the first opportunity to Advise with Mr. Ogden, or any other they see Cause, what may be the Safest and Best Course to be taken for the Town, about our Lands and Settlements here.
If Carteret may give away land in E. Town, he may in Newark ; if one lot, he may dozens. There is ground for alarm. +
The General Assembly met again in this town, March 26th, following, and held an adjourned meeting, on the 14th of May. As in the case of the meetings of the previous year, the record of these two meetings, also, has been destroyed. The proceedings evidently were not to the Governor's mind, and he takes the responsibility, through Mr. Pardon, the Secretary, utterly to suppress them-a fearful responsibility
* E. J. Records, III. 78-SO.
t Newark Town Records, p. 43.
.
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in a free government ! He might just as well suppress the Legislature itself. It is the policy of the Stuarts, transferred to America, where it is less likely to prevail than in Great Britain. The people, neither there nor here, will be trifled with. They will not submit to despotism .*
The character of the deliberations of the popular branch of the Legislature may be readily conjectured by the follow- ing extract from the Newark Records :
Town Meeting, 13th May, 1672. Mr. Crane and Lieut Swain that were Chosen representatives for the Town, are desir'd by the Town to consult with the rest of the representatives of the Country, to order Mat- ters for the safety of the Country.
This was the day before the adjourned meeting. Of course "the safety of the Country," as put in jeopardy by Gov. Carteret, was the all-engrossing topic.t
As the Governor refused both to preside over the Assem- bly, either in person or by deputy, and to recognize the law- fulness of the convocation, the Representatives, as authorized by the Concessions, called Capt. James Carteret, who still continued to reside in the town, to preside over the House of Burgesses, as they were called. By virtue of this appoint- ment, he issued a warrant, "to the constable of Eth Towne or his deputy," May 25, 1672, as follows :
These are in his Maties Name to Will and require You to apprehend the body of William Pardon and him to keepe in Safe Custody untill further order, or untill he deliver up the Acts of Laues made by the General As- sembly at their Setting the 26th of March Last the Which Laues the said Wm Pardon now refuseth to deliver." #
Constable Meeker does not hesitate to acknowledge the authority of Capt. James, and proceeds to make the arrest of the Governor's partisan and fellow-conspirator. Finding the · atmosphere of the town somewhat dangerous, Gov. Carteret flies to Bergen, and, on the 28th of May, convenes his coun- cil, Vauquellin, Edsall, Bishop, Berry, Andrus, Pyke and Pardon, the latter having escaped the custody of Meeker. Treat has returned to Connecticut, and Bond favors his
* E. J. Records, III. 64.
t Newark Town Records, p. 44.
¿ E. J. Records, III. 64. Leaming and Spicer, p. 15.
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townsmen .: A Proclamation is issued, in which the following language is used : .
Whereas, we are certainly informed of several Eregular and Illegal proceedings and Actions of several Persons styling themselves The Depu- ties or Representatives for the Country, in Attempting the making an Alter- ation in this Government by Assembling together at Elizabeth Towne, the fourteenth day of May Last under the Denomination aforesaid, with- out writts from the Governor, or without the knowledge, approbation or consent of the Governor and Councill abovesaid, and by Electing a Pres- ident for the Country and making Proclamation publickly of these their Illegal Actions, All which tends only to Mutiny and Rebellion, &c.
From this document it appears, that the Assembly was composed of "Deputies for Elizabeth Town, Newark, Woodbridge, New Piscataway and one from Bergen." The Governor expresses his determination, unless they "declare their submission within ten days," to proceed against them " as Muteeneers and as Enemies to the Government ; " adding, " and if by this means there should be any blood shed We do hereby Cleer our Selves before God and Man from the Guilt thereof." A plain declaration of war, truly, and of evil portent. The breach is irreparable. The people have taken their stand deliberately, and are not to be driven from it. They know their rights, and how to maintain them .*
How it was, that Capt. James Carteret, the son of one of the Lords Proprietors, was led to take sides with the town against the Governor, is not clear. He may have come into collision with his kinsman on the question of authority, or of deference to his position ; or he may have been playing the game of Absalom, hoping soon to supersede the present in- cumbent. Or, with the liberal impulses of a sea-captain, he may have heartily espoused the cause of the people, in the interests of truth and right. At all events, he was quite willing to take the leadership of the popular party in the province.
Armed with the Proclamation of the refugee Governor, the fugitive Secretary returns, June 3, to overawe his old neighbors, and to read the document in town-meeting, as
* E. J. Records, III. 53.
10
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was required of each of the towns. But, to his utter confu- sion, he is once more arrested by Goodman Meeker, and brought before Capt. Carteret, at 10 o'clock at night, by whom he is consigned to the custody of the constable, and kept a close prisoner for three weeks.
" Denyed liberty," as he testified, " to have private discourse with any, or to write, hurried before the Capt., by whom, as also by the said Meaker, I was frequently taunted at, and menaced, and also treated with scurrilous and vile language." On Monday, the 24th, "having received a letter from the Governor that I should repair to him to confer about [the mat- ter] and hands being sent for me att night I slipped out of that town and came to the Governor, at Bergen." *
The next day, 25th, a warrant is issued by Justice Ogden, requiring Meeker "forthwith to assemble four men of good report and with them to repair to the said William Pardon's house and to attach what moveables of his can be found." His offence is thus recited in the warrant :
Whereas William Pardon of Elizabeth Town in the Province aforesaid was arrested upon the Province account for unjustly and obstinately de- taining the Laues of the Province made by the General Assembly at their sitting March 26, 1672, which Lawes weare committed to the said Wil- liam Pardon to take a Copy of them by order of the said Assembly, which he hath neglected and refused and also to deliver up the said Lawes unto the Assembly at their next Sitting by whom they were demanded, &c.
Calling to his aid " Goodman Tomson " (one of the Deputies) and his son Hurr, Stephen Osborn, Robert and Peter Morse, Nathaniel Tuttle, and John Wilson, the wheelwright, Meeker proceeded to Pardon's house on the west side of the Creek, between Tuttle's and Robert Morse's, and broke open a boarded window in the side of the house, at which Peter Morse en- tered, and so opened the door, when they all entered and carried away the moveables to Goodman Tomson's house, ex- cept his writing desk and papers, which were carried to Capt. Carteret. Besides these, they seized his "crops on the ground, 5 acres of pease," his "stock of hoggs," his "mares and coults," &c. "James the Governor's man, Nicholas Mundy, Cramer and his wife, and many others,"
* Files, at Trenton, N. J., Off. of Sec. of State.
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1
ELIZABETH, NEW JERSEY.
were standing by. The testimony of Cramer and his wife, taken shortly after, is on file, as also the copy of a letter from Elizabeth Cramer, dated, July 1, 1672, addressed to "M" Pardon wth my love unto you," both at the beginning and the ending .*
These were serious times for the infant settlement, calling into exercise their Christian graces, and developing the strength of their political principles. They had experienced no such trials in their former homes, and had anticipated no such collisions here. But they had taken their stand and were not to be driven from it. The excitement, of course, was intense.
Ten days before this transaction, the Council mnet and ad- vised Governor Carteret to " repair to England to Sir George Carteret to acquaint his Honour fully of the state of the affairs and grievances of this Province." A fortnight later, July 1, they drew up a Memorial to "the absolute Lords Proprietors," in which they use this language. They complain of "several persons,"
Who have a Long time been discontented and Oposit unto the Gov- ernor and Government who have of Late by their plottings and Combi- nations so carried matters that they have had such Influence into the Election of Deputies for the Assemblys as that there are such persons chosen as Deputies who having avoided taking the Oath of Assemblymen according to the Concessions, and have taken Liberty to differ from the Governor and Councill in Establishing matters for the Peace and Settle- ment of the People, and have now at last disorderly Assembled and pro- cured Capt James Carterett as their President, who Joyned with them in making disturbance in this Province, he taking upon him to head the said persons endeavoring not only to disingage the people in subjection unto, but also opposing and abusing the Governor and Councill, commanding their Obedience to himself by virtue of his Warrants which he puts forth in the King's name for that end, as also Prohibiting such Officer as act by the Governor's Commission, and commanding them wholy to cease act- ing their offices untill they receive orders from himself, &c.
They affirm that " all these proceedings he carried on with pretence that he hath Power sufficient, he being Sir George Carterett's sonn, and that he himself is Proprietor and
* E. J. Records, III. 61, S2. Files in Sec's Cff., Trenton.
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can put out the Governor as he pleases, and that his Father hath given him his part of the Province." They add, " Although hee be Sir George Carterett's sonn, and for his Father's sake we Honnour him accordingly, yet our oune reason doth persuade us to believe that his Honble Father will never Countenance his son in such dishonorable unjust and violent proceedings."*
These simple-hearted planters had dared to think for them- selves, and to have a policy of their own in relation to the making and the administering of the laws by which they were to be governed. They had even " taken liberty to dif- fer from the Governor and Councill," in these matters,-a liberty not to be tolerated under the Stuart dynasty. Such was their offence, as set forth by the opposing party-noth- ing more. It must be borne in mind, that the documents; now accessible present only one side of this controversy. The Representatives of this town, Newark and Piscataway, prepared and forwarded a Memorial to the Lords Proprie- tors, setting forth their grievances and complaints, which drew forth a brief response from Berkeley and Carteret. But neither this memorial, nor any other paper or records emanating from the people at this juncture, from which the precise nature of the difficulties can be learned, is known to have survived the conflict. They have probably all per- ished.
On the first of July, Gov. Carteret issued a Declaration, denying the truth of certain "Reports raised and bruited abroad that tends to Render the Governor unjust in his Ac- tion and unfaithful to the Lords Proprietors and country." Shortly after, he and his officials, Bollen, Vauquellin and Pardon, with Samuel Moore, the Marshal, left the country and returned to England, Capt. Berry, of the Council, hav- ing been appointed by Carteret, " Deputy to officiate in his Absence." On the 9th of July, Capt. James Carteret issued a writ of attachment against the house and lands and all the estate of Wm. Pardon, "escaping away for England." And thus the matter rested for a season. Berry kept himself
* E. J. Records, III., 55-6.
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mostly on his own plantation at Bergen, Capt. James Car- teret occupying the government house in this town, and making occasional visits to the house of Mayor Delavall, at New York. These trips to the neighboring city resulted in his marriage, April 15, 1673, to Frances, daughter of Capt. Thomas Delavall, Merchant and Mayor of New York .*
Bollen, Pardon and Moore returned from England, early in May, 1673, having arranged every thing to their satisfac- tion, and obtained the requisite papers and all necessary au- thority, from the Duke and the two Lords, to reduce the people to subjection. One of these papers, bearing date, Nov. 25, 1672, was addressed, by the Duke of York, to his Deputy at New York, Col. Lovelace ; instructing him to take notice, that the grant of his predecessor, Col. Nicolls, to John Baker and his Associates, of Dec. 1, 1664, was void in law, and directing him to make it known to the persons concerned : void, "as I am informed," says the Duke; re- ferring to " an extra-judicial opinion " of certain counselors in England, to whom the case had been referred for advice ; an opinion in which " the facts are untruly stated and the law mistaken ;" so much so, that, when the Duke's letter was read to Gov. Lovelace's Council in New York, May 25, 1673, a previous " letter from the Lords Proprietors to Col. Nicolls, confirming his Patents before Capt. Philip Carteret's arrival " in 1665, was produced ; whereupon it was ordered that " the State of the Case be returned to his Royal High- ness." At a later date, as, in the course of events, will ap- pear, a regular judicial opinion was obtained, and Nicolls' patents declared to be in accordance with law and of full force and obligation.t
They brought, also, a letter, dated, Dec. 9, 1672, from the King, to Berry and his Council, confirming their authority, and requiring them to exact from the settlers all due obedi- ence ; thus making, for the first time, the Governor and Council officers of the Crown. "Instructions " were, also,
* E. J. Records, III. 55. New York Marriages, pp. 68, 105. Valentine's Manual of N. Y. for 1855, p. 493. Stearns' Newark, pp. 52-7.
t Leaming and Spicer, pp. 31-52. E. Town Bill, pp. 40-1. Ans. to do., pp. 25-6, 30-1.
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sent, from Berkeley and Carteret, to the Governor and Coun- cil, -- a Paper explanatory of the Concessions ;- and a Declaration to the People of the Province; both papers de- signed and adapted to sustain Gov. Philip Carteret in his pretensions. In their Response to the Petition of the Rep- resentatives, they give them no encouragement of redress, but promise to consider their case, if they should send over any person to make good their Allegations. Pardon had se- cured an order of indemnity "for the several Indignities, Losses, and Injuries done unto him by Wmn. Meeker, Con- stable of Elizabeth Town, his Assistants and all others con- cerned." *
The first recorded proceeding of Dep. Gov. Berry and his Council, after the reception of these papers, was the issuing of a proclamation, May 21, 1673, forbidding all persons to buy the estates of Meeker and his associates, if offered for sale, of which the constable of the town was to notify the people. An order was published, the next day, requiring all malcontents-" those persons who were the chief actors in attempting the making an alteration in the government," to make "their submission at the town of Bergen," on " the 10th day of June next ensuing," "when such as are con- scious of their offences may repair to crave remission, and after that time to expect no favour but what the Law affords." +
Not content with this exhibition of power, they issued on the same day a Proclamation, in which they reminded the people, that, according to the Declaration of the L. Propri- etors,
No person or persons whatever shall be accounted a freeholder of the province, nor have any vote in electing, nor be capable of being elected for any office of trust, either civil or military, until he doth actually hold his or their lands by patent from them.
Therefore, they required all who desired to be regarded as freeholders to repair to the Secretary of the Province, to ob- tain warrants for surveys ; or if already furnished with such
* Leaming and Spicer, pp. 82-41. E. J. Records, III. 64,
t E. J. Records, III. 82.
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warrants, then to obtain patents in dne form, within a limited time ; ten weeks being allowed the people of this town :
And whosoever shall neglect so to do within the time limited as afore- said shall lose the benefit of the L. Proprietors' favour in the premises and forfeit such lands as they are settled upon and pretend unto.
With so high a hand, did Berry,
" Armed with a little brief authority,"
proceed to carry out his instructions. Such measures, so far from conciliating the disaffected, and uniting the discordant elements of the population, tended directly to kindle anew, and with redoubled fury, the flames of strife and bitterness. So slow were the Stuarts and their creatures in learning the very first rudiments of social and political economy ! *
Meeker and his associates were brought to trial, June 24, 1673, for the damage done to Pardon the year before; and, of course, they were cast ; Meeker being condemned to for- feit his estate to Pardon, and the others to pay each £10. Meeker was afterwards remunerated by the people, at least in part, for his losses in this affair.
To counteract and nullify the designs and measures of their now exultant adversaries, it was determined to send a mes- senger, with a suitable petition, to the authorities in England. At the "Town Meeting, July 1st, 1673," of the Newark people,
It was Voted and agreed by the General and universal Consent and Vote of all our People, that there should be an Address by way of Peti- tion, sent to the Lords Proprietors of this Province, for the removing of the Greviances incumbent, and obtaining of what may be necessary for the Good of the Province.t
A committee of five men were chosen " to consider with the messengers from the other Towns about sending a Petition to England." Also "to agree with Mr. Delevall [of New York], the father-in-law of Capt. Carteret, about Money to. send a Messenger to England." The same course, doubtless, was taken by this town.
* E. J Records, III.
t Newark Town Records, p. 50
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D
Many of the first settlers, here and at Newark, were per- sonally known to Mr. John Winthrop, Governor of Connec- ticut, " the most accomplished scholar and gentleman of New England," an humble and devout Christian, and of influence second to none in America. He was personally known to Berkeley and Carteret, having spent a considerable time at court in 1662, in negotiating the Charter of Connecticut. A full representation of the case is made to him ; and in con- nection with Mr. Samuel Willis, one of the Magistrates at Hartford, he wrote, July 2, 1673, to Sir George Carteret, at London, as follows :
Right Honourable : There having divers persons of good repute and approved integrity who were formerly improved in publicke offises in this Colony, viz : Mr Jaspar Crane, M' John Odgden, Mr Robert Bond, Mr Abraham Peirson, Mr Brewen with many of their Lovinge Neighbours and friends wel disposed men, of sober and peaceable conversation did Trans- plant themselves And famalys into your Honours Province, who beinge persons well known to us, But strangers to your Honour desired us to give you our Carracter of them that soe they might not bee misrepresent- ed, whose presence in this Colony was both acceptable, and usefull; and theire return To us would bee very gratfull. But that wee would promote in your Honour's Colony that good worke of subduing the Earth and re- plenishinge of it, which in this remote, desert part of the world never Formerly inhabited nor Cultivated is A very difficulte worke, and requires much hard Labour, to subdue so Ruff and woody A wildernesse. In this Cold Clymet where clothinge is very Deare, beinge so far distant From the Market. Soe that the people will need the more encouragement which we doubt not upon all occasions will be afforded them. Upon which the progresse and prosperity of your province doth depend. In order to which we would further make bould to suggest unto your Honours Wisdome and prudence, As very expedient, that your Colony be Branched out into Convenient Townshipps, which we finde Best Conducinge to Safty and the advansinge of Civill Societays. Thus wishinge your Honour all pros- perity in the well settlement of this your American Province-wee are, &c.
Of this letter, so complimentary to the early settlers of this neighborhood, and so complete a vindication of those worthy men from the aspersions then and now cast upon them, Capt. Berry presently received kuowledge, and, supposing that it was designed to induce the New England people to return to Connecticut, he wrote in remonstrance, and received, by
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Capt. Nicolls, a reply from Winthrop, dated July 29, 1673, in which, after correcting Berry's misapprehensions, he says :
It hath beene very farr from my acting or intentions to incourage or invite any one to a removall thence. I have often at their first beginning there and since, as I had occasion, incouraged that good publicke designe of planting that place, and am alwaies desirous to promote the prosperous increase of those plantations, and therein, and all other good respects to be ever Your very reall servant .*
It is not known whether the messenger, with the people's petition and Gov. Winthrop's introductory letter, was sent or not. Circumstances occurred soon after, that suddenly put an end to these negotiations, and brought the town into en- tirely new and unexpected relations.
* 3 Mass, His. Soc, Coll., X. $5, 6.
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CHAPTER VIII.
A. D. 1673-1674.
Departure of James Carteret and Hopkins - Vessel captured by the Dutch - Hopkins discloses the weakness of N. Y .- Capture of the City by the Dutch - Deputation from E. Town at N. Y. - N. Jersey yields to the Dutch - Land Claims confirmed -New Officials-Recusancy of Vauquellin - Census of E. T. Men - Notices of the new Comers - Militia Officers - Edicts -- Indian Depredations - Monthly Day of Prayer appointed - Legislative Assembly - Redress of Injuries - Termination of Dutch Rule.
CAPT. JAMES CARTERET had scarcely completed his honey- moon, before he received, by Capt. Bollen, dispatches and instructions from his aged father, requiring him to retire from the scene of conflict in New Jersey, and look after his patri- mony in Carolina. He was now the only surviving son of his father,-his elder brother, Sir Philip, having been slain in battle, almost a year before, -- May 28, 1672. Bidding farewell, therefore, to the kind people of the town, he took passage, with his wife, early in July, 1673, (after nearly two years' sojourn in the town), on board of a sloop, Samuel Da- vis, captain, bound for a southern port. Samuel Hopkins, one of the planters of the town, accompanied them. Eng- land had now been at war with the United Provinces of Hol- land since March of the previous year. The fleets of the contending parties were traversing the seas in search of mer- chantmen, rendering navigation peculiarly hazardous.
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