History of Monmouth county, New Jersey, Part 18

Author: Ellis, Franklin, 1828-1885; Swan, Norma Lippincott. [from old catalog]
Publication date: 1885
Publisher: Philadelphia, R. T. Peck & co.
Number of Pages: 1148

USA > New Jersey > Monmouth County > History of Monmouth county, New Jersey > Part 18

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"Testis, EDWARD TARRTE, T. C.''

ing nott amongst us: wee judged ourselves not obliged to come to answear : and thus in briefe have wee given account of our present condi- It thus appears that the inhabitants of the town of Middletown would not refuse to ac- knowledge the government of the proprietors and to send deputies; but they denied the right of the proprietors to the land ; nor did they ever rescind the order forbidding their repre- sentatives taking the oath, except with the pro- viso saving their patent. The allusion to the tion : under favour waiting onely with all hu- mility (pro forma tantum) as to what is further required of us in the late aet : viz: to shew cause why wee will nott pay our just propor- tion of expenees of provision expended at two asemblies in the yeare (68) wee answear that which was expended at the asembly Held 25, May (68) wec had then noe deputies there to invitation to supper is amusing. It seems that expend and further what was expended at the this mode of procuring legislative favor com- adjournment : in November following in the meneed at an early day. The unsophisticated men two centuries ago could not understand how expensive suppers could be paid for, unless they who gave them reimbursed themselves from the public funds. It is evident that they thought the province was in some way to pay for the feast, their offer of payment having been declined. It is probable that the supper was given at the instance of those representing the proprietors, to induce the deputies of Mid- same yeare: our deputies who were there and nott suffered to act but sume how agayne re- ported to us: that the deputies for the townes of the province: invited them one night to supper wych before their departure thence they tendered them money for itt soe that : as wee abhorre all such baseness of speritt as to eat any mens bread for nought: soe wee come nott : by what wee have soe lightly as to pay other

HISTORY OF MONMOUTH COUNTY, NEW JERSEY.

dletown and Shrewsbury to take the oath with- out the proviso; but they stood firmly by their patent, and could not be influenced by fine sup- pers or other entertainment.

In December, 1672, Berkeley and Carteret, the Lords Proprietors, issued declarations to the people, among which was the following, which proves that Middletown and Shrewsbury still held out: "For such as pretend to right of property to land and government within our province by virtue of patent from Gov. Col. Richard Nicolls, as they ignorantly assert, we utterly disown any such things,-a grant they had from him on condition they never per- formed. Lovelace demanded they patent their land from us and pay our quit-rent, which, if they do, we are content they shall enjoy the land they are settled on; but without their speedy compliance as above said, we do order our Governor and Counsel to dispose thereof in whole or in part." They also authorized the constables of the respective towns to take by

warrant from the Governor, by way of distress, a new government, and 'on the 14th of May,

from every individual inhabitant their just pro- portion of rent due to them yearly, beginning on 25th March, 1670; and if not thus collected, the marshal of the province be impowered, etc.

In the above it will be observed that the proprietors did not base their title upon a grant from the Duke of York prior to the Nicolls patent, but upon the allegation that the patentees had not performed the conditions of their patent, in what particular is not stated. The command to collect the rents in this summary way was inconsistent with the previous action of the Governor and Council; for in May, 1672, upon the address of James Grover and others, patent- . peace of the province.1 The trouble, however,

ces, and their associates, of the towns of Mid- dletown and Shrewsbury, unto the Governor and Council, for confirmation of certain priv- ileges granted them by Colonel Richard Nicolls, the Governor and Council did confirm unto said patentees and their associates these partic- ulars following, being their rights contained in the aforesaid patent, among which was the fol- lowing: " Imprimis, that the said patentees and associates have full power, license and authority to dispose of the said lands expressed in the said patent as to them shall seem meet." The

action of the Lords Proprietors in December can only be accounted for upon the supposition that they had not received information of the action of their Governor and Council the prev- ious May. They were certainly bound by the previous action of their Governor and Couneil confirming the Nicolls patent. The confir- mation of this patent by the Governor and Coun- eil also gave the inhabitants of the towns of Monmouth the liberty to make prudential laws and constitutions among themselves according to the tenor of the patent; and if this confir- mation was valid, it follows that they were free from the crown before the American Revolu- tion, for the proprietors could not in 1702 sur- render the government over them.

In 1670 the quit-rents as claimed by the proprietors had become dne. They who held under Nicolls refused to pay them, and there followed great confusion, not only in the towns of Monmouth, but in Essex and elsewhere. At length the revolutionists determined to establish

1672, certain delegates from the towns, calling themselves " Deputies or Representatives for the Country," met at Elizabethtown, elected Captain James Carteret (a son of Sir George, the proprietor) " President of the Country," and made proclamation to that effect. On the 28th of the same month Governor Philip Car- teret and his Council made proclamation, offer- ing amnesty to all persons who were concerned in the revolt, who should within ten days give in their written submission to the proprietary government ; otherwise they would be pro- ceeded against as mutineers and enemies to the

continued through the year, and the " President of the Country," James Carteret, carried mat- ters with a high hand, arresting and imprison- ing some of the proprietary officers and warning others against attempting to aet in their official capacity. In these acts he was sustained by the revolutionary Assembly. Governor Philip Carteret was obliged to leave the province for England, where he remained more than two years, John Berry remaining in New Jersey

1 New Jersey Archives, 1st Series, vol. i. page 89.

THE PROVINCIAL REVOLT.

as his deputy, but exercising no power as Execute his Will so as they may have the such during the brief control of James Carte- Plundering of o' Estates, and all these proceed- ret, who early in the following year abandoned ings he carried on with pretence that he hath his so-called office of " President," and fled to Power sufficient, he being Sir George Carter- Carolina, taking with him his wife, who was a ett's Sonn, and that he himself is Proprietor daughter of Thomas Delavall, mayor of New ! and can put out the Governor as he pleases, York. The events of the James Carteret re- and that his Father hath given him his part of volt are told, in part, in an address by the | the Province ; although he doth not shew any Council of Governor Philip Carteret to the proprietors, dated July 1, 1672. In that document they set forth :

grant or Commission or Legal Power to doe any such thing, but saith he Scorneth to Shew his Power to such fellowes as wee, neither need "That whereas Several persons in this Prov-' ince who have a long time been discontented and Opposite unto the Governor and Govern- ment, who have of Late by their plottings and Combinations so Carried matters that they ' have bad 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 he do so, being on his own Land. And as for the Lord Berkeley's part, he saith that is but a small matter ; so that pretending himself to be Proprietor, his proceedings gives the greater hopes to his followers, and Consequently are the more dangerous as to your Honnours' Interest, and the Inhabitants' peace and Safety, both in respect of Liberty and Estate, if not Life also, according as their Outrage may prevail ; and those that doe not submit and yield Obedience Liberty to differ from the Governor and to his Orders and Commands, but doe appear to ('ouneill in Establishing matters for the ' be faithful to your Honours' Interest and Gov- Peace and Settlement of the People, and have ernment, because of their Oath they have taken, they are in Continual Danger of being cured Capt James Carterett as their Pres- surprised and imprisoned by him. All which Acting- of hi- do Evidently tend to the ruin of the Province as to your Honnors Interest, for either wee must comply with him and his fo]- lowers and their proceedings, who aim to get all into their own hand-, or Else we must remove

now At last disorderly AAssembled and pro- ident, who Joyned with them in making dis- turbance in this Province, he taking upon him to head the said persons, endeavoring not only to disengage the people from subjection unto, but also opposing and abusing the Governor and Councill, commanding their Obedience to him- out of the Province, Except he doth prevent us self by virtue of his Warrants which he puts by Casting us into Prison ; and although he he forth in the King's Name for that end, and Sir George Carterett'> Soun, and for his Father's also Prohibiting such Officer- as act by the sake wee Honnour him accordingly, vet our owne reason doth persuade us to believe that his Honble Father will never Countenance his sonn Governor's Commission, and commanding them wholy to cease acting in their offices untill they receive orders from himself ; and unto such a , in such dishonorable, unjust and Violent pro- hight hath he proceeded that he hath impris- " ceedings, which tends to nothing but ruin. . . . Craving pardon for our boldness, wee beseech the God of Wisdom to Give your Honnours a Spirit of discerning, to see where Integrity and faithfullness are fixt, and where private designs are driven at, that you may Administer that which is Just and Equal to all, Encouragement to those that merrit it and Reproof to Evil oned Several persons, in p'ticular the Deputy Secretary for Executing his Office, who, having by the Governor's order made an Escape out of their hands, we understand they have seized his goods, and the Like we Expect daily will be the Condition of all others that will not concurr with his Ilegall proceedings, he giving forth Continual threatenings against those that doors."

In response to this representation of the

doe not obey his orders, and having persons ad- hering to him that probably will be ready to Council, the proprietors, Berkeley and Carteret,

HISTORY OF MONMOUTH COUNTY, NEW JERSEY.

wrote the instructions of December, 1672 (be- the oath, as also did John Slocum, from Shrews- fore quoted), authorizing and directing the col- bury ; but William Shatock, the other delegate from Shrewsbury, refusing to swear or subscribe, was dismissed. At this session an et of Ob- livion, as it was called, was passed, abolishing all actions against any and all those who had been in any way concerned in the attempt to change the government here settled by the Lords Proprietors at any time from 1670 to June, 1673 ; and the inhabitants were, by this act, ab- solutely and fully pardoned of all offenses what- soever. lection of rents by distress from every individual inhabitant in the province, and that they be dispossessed of their lands in case of non-pay- ment. Also King Charles, on the 9th of the same December, signed instructions to Deputy- Governor John Berry, reciting that " having been informed that some turbulent and disaf- fected Persons " had committed disorders and excesses in New Jersey, and directing the Deputy- Governor, in the royal name, to demand and enforce obedience to the laws and government of the proprietors, they " having the sole power under us to settle and dispose of the said Coun- try upon such Terms and Conditions as they shall think fit ;" and to proceed against the mal- contents " with due severity according to Law," in case they should fail to yield submission without delay.

The conquest of New York and New Jersey by the Dutch, in 1673, and the restoration of the country to the English in the following year, as also several acts done with reference to the Mon- mouth Connty people by the Dutch authorities during their brief term of power, have already been fully noticed in a preceding chapter. After the conquest, King Charles gave new grants of soil and government, and on the 31st of July, 1674, Sir George Carteret 1 gave new instructions to his Governor and new concessions to the set- tlers on the New Jersey lands. The new con- cessions of Carteret disowned the Nicolls patent, and ordered that if the inhabitants did not take out new patents, the Governor and Council should dislodge them. It is difficult to under- stand this action, after the previous confirmation of the Nicolls title, unless it be that it was held that the Dutch war and conquest destroyed all patents, deeds and grants.

In November, 1674, Philip Carteret returned from England, and resumed the office of Gov- ernor. The next general Assembly convened in November, 1675, and was loyal to the pro- prietors. The deputies from Middletown, Cap- tain John Bowne and John Throginorton, took

On the 10th of October, 1677, the General Assembly, then in session at Elizabethtown, de- clared : " We find by constant Experience for several years past, that the Town of Shrewsbury hath been deficient, if not negligent and careless, in sending of their Deputies, or in sending such as will not conform to the Order of the Conces- sions respecting the Deputies, whereby the said Assembly is weakened and the publick Work hindered."

For several years preceding the final surren- der of the government by the proprietors, there were frequent disorders in the province, these occurring in Essex and Middlesex Counties, as well as in Monmouth. The immediate cause was a long and acrimonious dispute between the adherents of Andrew Hamilton on the one side, and of Jeremiah Basse on the other, each of whom claimed to be Governor of the province. Andrew Hamilton was understood to be in favor of maintaining the proprietary title, and the in- habitants of the towns of Monmouth who had claimed title to their lands under Indian rights and the patent of Nicolls joined the party which sustained Basse. But besides the question of the proprietary title and right to the soil, there was at this time (1695 to 1702) in the contro- versy, an element which did not exist in the earlier disorders. This element was a Scotch and an anti-Scotch partisanship, which (particu- larly with regard to the latter) was very strong and bitter. Andrew Hamilton, himself a Scotch- man and firmly supported by the Scotch pro- prietors, was accused of gross favoritism towards his countrymen, by appointing and keeping them in the principal offices of the province, regard- less of their fitness or honesty; while on the

1 Lord Berkeley had sold out his interest in the province March 18, 1673.

THE PROVINCIAL REVOLT.

other hand Governor Basse was charged by his opponents with various malfeasances, among which was that of harboring-or at least pro- tecting from punishment-the numerous pirates who at about that time showed themselves boldly in the bays of Sandy Hook, Raritan and Dela- ware, and even recruited men from the regions of country bordering those waters. And there appears to have been some foundation of truth (as will be seen) for this charge, with regard to the conduct of some of Basse's adherents at least.

Of the "Scotch party," adhering to Hamilton, one of the chief leaders was Lewis Morris,1 at that time the most prominent and influential : " in the Publiek Meeting-House," nailing up man of Monmouth County. He was crafty, unreliable and time-serving, but the most active, energetic and aggressive of the opponents of Basse and his adherents. At a Court of Com- mon Right, sitting at Perth Amboy on the 11th May, 1699,-Governor Basse, present,-Lewis Morris, of Tinton Manor, came in and "de- manded by what authority they kept Court." The court declared "by the King's authority," which was denied by Morris, and the court then ordered him to be taken in custody; whereupon he "tried to draw his Hanger," and defied any one to dare lay hands upon him, "and when a constable, by order of the Court, laved hold on him, he, in the face of the Court, re- sisted." He was fined £50, and on the follow- ing day he, with George Willocks, was indieted -- by the grand jury and committed to Wood-

' This partisan leadership of Morris was mentioned in a letter written in 1702 by the Earl of Nottingham, who, after proposing certain men in New Jersey (among whom were Richard Hartshorne, Andrew Bowne, Obadiah Bowne and William Lawrence, of Monmouth County) as fit persons to serve in the Provincial Council, proceeds : " But against The following Persons many objections are made, as being ! of the Scotch & Quaker ffactions, concerned sundry years in ye Divisions and incendiary Parties that has brought those Provinces into Confusion of Government, Injustice to Je Proprietors and aversion of ye Planters & Inhabitants. vizt.

" Mr. Lewis Morris, ye Head of ye ffaction, Mr. Samuel Leonard, Mr. George Willoeks, Mr. John Barclay, Mr. Michael Harden, Mr. Thomas Gordon, Mr. David Lyall. Mr. Miles fforster, Mr. John Johnstone, Mr. John Bishop. Samuel Den- nis, William Pinhorne, Samuel Hale.

"These last four have other characters rendering them unfit for that Station." -- New Jersey Colonial Documents, Series 1, vol. ii. page 488.

bridge jail till £300 security should be given for their good behavior and appearance at the October term of the Court of Common Right. But a mob of Morris' adherents was collected, and " with a Beam of an house they Battered Woodbridge Jail to Pieces, and set him and his Seditious Companion Willocks at liberty." This was done between two and four o'clock in the. morning of the 13th of May, Captain Isaac White- head being a ringleader of the mob of rescuers.

At Piscataway, in the county of Middlesex, on the 3d of March, 1700,2 a mob collected and. debarred the court from the place of its sitting the doors, etc. On the 12th of the same month " Samuel Carter and a large number of others" made successful resistance to the authority of the Essex County Court, then and there assem- bled; and in the summer of that year there. were troubles of the same nature in Mon- mouth County, as appears from a statement made by Captain Andrew Bowne and Richard Hartshorne3 on the 23d of July, viz. :

" Since the departure of Mr. Slater [Salter], Col. Hamilton hath put Mr. [Lewis] Morris into commission of his Councill and Justice, believing him to be the onely man that can make the province Submit to him as Governor without the King's aprobation, & in Order to Effeet itt they turned out an English Man who was Sherif and put in a Scotch Man who they thought would Obey them without Reserve, & itt is saide Morris hath given out that he will. carrie his point in making the people submit to Coll. Hamilton's Government, or he will em- brue the province in Blood,4 in order to which

2 March 3, 1699, Old Style.

3 N. J. Col. Doc., Series 1, vol. ii. page 327.

4 " We whose names are under-written, do say that some time in the month of June, 1700, was at the house of Abra- ham Brown, in Shrowsburry, in company with Lewis Morris, Esqr., then did hear him say that he had been with the Governr. & had taken an office upon him & that he would go through with it. & if any man resisted him he would spill his blood, or he should spill his, for he made no Scruple of Conscience, & in further discourse the sd Morris did say that he had taken an office and he would go through with it, though the Streets run with blood."

". JOSEPH CLARKE,

" NICHOLAS' BROWN, Jun ..

" SARAH POTTER."

HISTORY OF MONMOUTH COUNTY, NEW JERSEY.

they seised upon severall persons intending to force themu to Give security for their good beha- vior, which one of them refused and so Cou- tinued in the Sherif's Custody ; this the people took Greaviously, itt being Harvest time & they had given outt warrants to seise Richard Salter & Others, & the Sherif had like to have taken him, weh some of his neighbours onderstanding went & met the Sherif, banged him, broake his head and sent him packing, upon which, as we are informed, the people Resolved to meete on Friday, the 19th July, in order to goe & featch home him that was in the Sherif's hands, upon the which Morris & Leonard dispatched an Express for Coll. Hamilton, who imediately come to them & they pressed about men & came on the 19th July in Armes to Middle Towne & came to the Ordinary, And theare Inquired for the said Salter & one Bray, And then marched off; the people of Middletown were assembled to the number of abontt an hundred, but with- ont armes, onely Sticks, yet had itt not been for the persuations of some, much in the people's favour, theare would have been broaken heads, if not further mischiefe; the said Justices had perswaded the person in the Sherif's hand to give security for the good behaviour the day before this meeting. In this posture things stand in this County, & we believe, Including the Scotch, that throughout the province theare is six to one against owning Col. Hamilton Governor and almost all biterly against Morris, whome they looked upon as the first man, as Indead he was, that opposed Government."

Another account of the same transaction is found in a letter (without signature) addressed to Jeremiah Basse, and dated, " East Jersey, 30th July,1 1700," viz. :

Contrary to all Expectation, Col. Hamilton hath put in ME. Morris president of the Councill & ordered him, by what means he could, to Subdue all that oppose his authority

" Mr Morris did say that he would quell the opposite party if they did resist the authority, or he would imbrew the Province in blood, or to that effect ..

" JAMES BOLLEN.

". . July 5, 1700."

-Colonial Documents of New Jersey, Series 1, vol. ii. page 485.

! Col. Doc. of N. J., Series 1, vol. ii. page 329.

& Settle the Country in his Obedience, oppon which Commission and orders Mr. Morris hatlı undertaken the worke & threatned that he would obtain his end (which is to settle C'ol. Hamilton in the Government, Notwithstanding he is in no wayes qualified for Governor) or he would Embrue the Country in Blood ; Com- plaints were made to Col. Hamilton and Cap- tain Leonard against the saide Morris, but they were so farr from disowning such inhumane actions that they, on the contrary, rather justi- fied & ridiculed itt. But it went further than words, for just as harvest began, Morris & other gave warrants to an Indigent Sherif to Apprehend severall men in Monmouth County, who, in their owne just defence, beate the saide Sherif to the Shedding of blood on both sides. Col. Hamilton, who resides chiefly att Burling- ton, was sent to immediately, who came & raised betwixt fourty & fifty men & armed them and marched from Shrewsbury to Middle- towne, to meete the Country, who opposed him with one hundred & Seaventy men, butt without armes. He, when he came up to them, asked for two men, but they not being theare, he with- drew his men without further harme, but swore biterly he would have them if above ground, loft orders with his friend Morris not to dis- perse ontill he had got them, and then returned to Burlington. The Ambition & folly of Mor- ris being known to the people of Monmoth, they sent to advise with their neighberring Countys, Middlesex & Essex, what was best and most convenient to be done, who generally advised to secure themselves and oppose Morris & the rest that assert and would endeavour to set up Col. Hamilton's arbitrary & illegal power, and with- all have promised assistance if ocation requires."

The following entry in the record2 has refer- ence to the same affair, viz :

" At a Court of inquirie held at Shrowsberry for the Countie of Monmonth this twentie-sey- enth day Angust, one thousand seven hundred, Present, Lewis Morris, President ; Samuel Leonard, Jedidiah Allan, Samuel Denis, An- thony Pintard, Esquires, Justices. The grand jurie of inquirie for the present service were

2 N. J. Col. Doe., Series 1, vol. ii. p. 332.

THE PROVINCIAL REVOLT.

theese,-John Reid, Jeremiah Stilwell, John | away the keys of the prisson from the Sheriffe, Slocum, Thomas Hewitt, Abiah Edwards, John and that another stood by and see it as well as West, John Leonard, William Hoge, Alexander | he. It was done by a parcell of men who came Adam, Thomas Webley, Patrick Cannan, James Melven, Petter Emley, Samuel Hopemyre, William Lawtone. And having thir ingage- ment, Had the charge given them by the presi- dent, Withdrew with a constable to attend them. The said jurie being called againe gave in this following presentment :

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History of Monmouth county, New Jersey, Part 18

Author: Ellis, Franklin, 1828-1885; Swan, Norma Lippincott. [from old catalog] Publication date: 1885 Publisher: Philadelphia, R. T. Peck & co. Number of Pages: 1148

Author: Ellis, Franklin, 1828-1885; Swan, Norma Lippincott. [from old catalog]
Publication date: 1885
Publisher: Philadelphia, R. T. Peck & co.
Number of Pages: 1148