USA > New Jersey > Salem County > History of the counties of Gloucester, Salem, and Cumberland New Jersey, with biographical sketches of their prominent citizens, vol. 1 > Part 6
USA > New Jersey > Gloucester County > History of the counties of Gloucester, Salem, and Cumberland New Jersey, with biographical sketches of their prominent citizens, vol. 1 > Part 6
USA > New Jersey > Cumberland County > History of the counties of Gloucester, Salem, and Cumberland New Jersey, with biographical sketches of their prominent citizens, vol. 1 > Part 6
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At this time Lord Berkeley became alarmed at the spirit of insubordination which the planters of New Jersey manifested, and dissatisfied with the pecuni- ary prospects of his adventure. He therefore offered his interest in the province for sale. It was not long before he received from two Quakers, John Fenwick and Edward Byllinge, a satisfactory offer, and in 1674 he conveyed his interest to Fenwick in trust for him- self and Byllinge. A difficulty arose between these purchasers, the precise nature of which is not known, and, as a resort to the law was repugnant to the prin- ciples of the Quakers, the matter was submitted to the arbitrament of William Penn, who had then come to occupy a conspicuous position among the leaders in the society. Ile awarded one-tenth of the purchase to Fenwick and the remainder to Byllinge, and al- though Fenwick was at first dissatisfied with the de- cision he at length assented to it, and in 1675 he, with his family, sailed in the ship "Griffith" for his newly- purchased territory. Among those who came with
I itistory of North America, vol. it. p. 278.
17
GENERAL HISTORY.
Win were Edward Champneys, his son-in-law, Edward Wade, Samuel Wade, John Smith and wife, Samuel Scholson, Richard Guy, Richard Noble, Richard HI :ncock. John Pledger, Hipolite Lefever, John Mal- 1. k, and others masters of families. He also brought many servants, and with him came Samuel Hedge, » ho afterwards married his daughter Anne, and John tJams, who had married his daughter Elizabeth. The " Griffith" was the first English ship that came !. West Jersey after its purchase by the Friends, and so other came during two years. Before his depar- ture he gave to John Eldridge and Edmund Warner a len-e for a thousand years of his portion, with dis- cretionary power to sell, as security for the payment of money loaned him. The party settled at Salem, and Fenwick soon purchased from the Indians a large tract of country. He proceeded to make grants of land, and assumed authority as Chief Proprietor.
Byllinge was a merchant, and in the prosecution of las business became involved in losses, so that it be- came necessary to make an assignment of his interest in the province for the benefit of his creditors. The province had been acquired with a view of affording a place of settlement for the persecuted Quakers, and it was desirable that it should be so held that they might derive from it the contemplated benefit. It was therefore assigned to three members of the sect, - William Penn, Gawen Lawrie, and Nicholas Lucas. The a-signment was executed by Fenwick and Byl- linge, and conveyed nine undivided tenth parts of the province for the benefit of the creditors of the latter. This had been done before the departure of Fenwick from England.
After his arrival difficulty arose from an unexpected quarter. Although the first grant of the Duke of York had been confirmed, Edmund Andross, whom the duke had appointed Governor of New York, claimned jurisdiction here, and having been informed by Edmund Cantwell, his collector of customs at New Castle, of the doings of Fenwick on the east side of the Delaware, an order was sent for his arrest, and he was forcibly taken and carried to New York; but after an exhibition of his authority he was released and allowed to return.
Meantime measures for the more general settlement of the province were adopted. Many of the creditors of Byllinge accepted lamls from the assignees in sat- i-faction of their claims, and other parties made pur- clases.
That the province might be settled and governed with greater facility, it was desirable that a division should be made with Carteret. In order that this might be the more readily effected, Eldridge and Warner, the lessees of Fenwick, conveyed the one- tenth to Penn, Lawrie, and Lucas, who were thus enabled to make the partition with Carteret. A di- vision was agreed on, and the agreement was ratified by an instrument known, from the number of persons engaged in the transaction, .as the "Quintipartite 2
Deed." This deed, which was executed July 1, 1676, defined the line of division as extending across the province from Little Egg Harbor to a point on the Delaware at the forty-first degree of latitude, and the two parts were called respectively East and West Jersey. After the partition Byllinge and his trus- tees reconveyed to Eldridge and Warner, in fee, that which they had held by lease, and thus Fenwick was cut off from the shadow of a title which re- mained to him after he had leased his portion. Difficulty arose with Fenwick in consequence of this, and commissioners were appointed to settle it. Pending the settlement the Proprietary government in West Jersey was established.
This scheme of government was originally devised by Penn and his immediate associates, but it was sub- mitted to other Proprietaries, as they-acquired inter- ests, and received their sanction. It was promulgated March 3, 1676, and was termed "The Concessions and Agreements of the Proprietors, Freeholders, and In- habitants of the Province of West Jersey in Amer- ica." The provisions of the instrument were re- garded as fundamental, and were declared unalterable. It was provided that they should be read at the open- ing and dissolution of each General Assembly, and "also to be read, in a solemn manner. four times a year, in every hall of justice within the province."
The liberality of the concessions of the original proprietors, Berkeley and Carteret, have been spoken of, but, as Field says, --
"The concessions of the proprietors of West Jersey were still more liberal. A more beautiful fabric of free government was never reared. It should be forever embalmed in the memory of Jerseymen. No man nor number of men upon earth, such is its language, have power or an- thority to rule over men's consciences in religious matters, therefore it is agreed and ordained that no person or persons whatsoever, within said province, shall at any time hereafter, in any way or upon any pre- tence whatsoever, be called iu question, or in the least punished or hurt, either in person, privilege, or estate, for the sake of his opinion, judge- ment, faith, or worship in matters of religion. Never was there a more comprehensive act of religious toleration, and never was it violated, either in its letter or its spirit. That could be said of the Quakers of New Jersey which could not be said of the Puritans of New England, ' They had suffered persecution and learned mercy.'"
Again, the instrument set forth, "It being intended and resolved, by the help of the Lord and these onr concessions, that every person inhabiting the said province shall, as far as in us lies, be free from op- pression and slavery."
Grahame says of these concessions that they entitle their authors to a large share in the honor of plant- ing civil liberty in America, and Penn and some of his colleagues said, in alluding to them, "There we lay a foundation for after ages to understand their liberty, as men and Christians, that they may not be brought in bondage but by their own consent, for we put the power in the people."
This voluntary relinquishment of the power which they, as Proprietaries, possessed, and recognition of .the right and the ability of the people to govern themselves, is the more remarkable, because it pre-
18
HISTORY OF GLOUCESTER, SALEM, AND CUMBERLAND COUNTIES.
eeded by a century the assertion of that right in the declaration of American independence. It has been said that, in some respects, this scheme of government was so liberal as almost to jeopardize its safety. If | its founders erred in that direction, it must be re- membered that their situation rendered them more keenly alive to the evils of oppression than to the dangers of anarchy. If it lacked vigor it gave full ! security to freedom. Some of its special provisions are worthy of notice. because of the strong contrast which they exhibit with the practice of other colonies, and, indeed, of this nation down to the present time. In the case of the purchase of lands from the natives no steps were to be taken till these had been visited and made fully acquainted with the wishes and de- signs of the whites, and compensation arranged and agreed on. It was also provided that, in case of in- jury to the natives, plenary satisfaction should be rendered, and in all matters of difference, wherein . Indians were concerned, trial should be before six of ! the whites and the same number of the natives. The price of land was fixed at one penny per acre, except where it was to be laid out in towns, in which case it was to be one penny and a half.
One hundred and fifty-one names were subscribed to these concessions, as follows :
E. Bylynge.
William Kent. Benjamin Scott.
Richard Smith.
Edward Nethorp.
Thomas Lambert.
John Peuford.
Thomas Hooton.
Daniel Wills.
Heury Stacy.
Thomas Olive.
Aert. Jansen.
John Surege.
Thomas Andyard William Biddle. Robert Stacy. John Farrington.
James Pearce.
Edward Web.
William Roydoa.
John Pledger.
Richard Mew.
Richard Wilkinson.
Percivall Towle.
Christopher Sanders.
Mahlon Stacy.
Reneare Vanhurst.
Thomas Bndd.
William Johoson.
Samoel Jenning.
Charles Bagley.
John Lambert.
Samnel Wade.
William Hewlings. George Deacon.
Thomas Woodrufe. John Smith.
John Thompson. Edward Bradway. Richard Guy.
Joseph Warne.
James Navill.
Michael Lackeobse.
William Cantwell.
Markas Algus.
Fospe Ontstout.
Evert Aldricks.
Hendrick Everson.
Machgyel Baron. Casp. Herman.
Jillis Tomeseo. Claas Jansen.
Turrse Plese.
Richard Warsall.
Robert Kemble. John Cornelise. Garret Van Janine.
Paul Doegnet.
William Gill Johnson.
Joun Maddocks.
Gawen Lawrie. William Penn.
Jatnes Vicary.
William Emley.
William Hundey.
Joshua Wright. Nicholas Lucas. William Haig.
Thomas Watson.
William Peachee.
Samuel Nicholson. Daniel Smith. Richard Daniel.
William Pertou.
Willlam Daniel.
John Worlidge.
Robert Zano.
E. Meyer.
Walter Peitersen.
Thomas Borton.
Anthony Page.
Robert Powel.
Andrew Battlesun.
Themas Harding.
Wolley Woollison.
Matthew Allen. R. Right.
John Denna.
Thomas Benson.
Godfrey Hancock John Petty.
John Paine.
Abraham Hewlings.
Richard Buffington.
John Newbold.
.Samuel Lovet.
Jolin White.
Barnard Devendish.
John Roberts.
Thomas Stokes.
Jobn Wood.
Thomas French.
John Gosling
Isiac Marriott.
Thomas Revel.
John Butcher.
Eliazer Fenton.
Isaac smart.
Samuel Oldale.
Andrew Thompson.
William Black.
Thomas Kent.
Anthony Woodhouse.
Henry Jenings.
Geo. Hutchinson.
Henry Stubbens.
Thomas Gardner.
William Willis.
Thomas Eves.
George Haselwood.
John Bortun.
Rodger Pedrick.
John Paine.
William Hughes.
Richard Fenimore.
Abraham Vanhighst.
Hipolitas Lefever.
William Wilkinson.
John Pancoast.
Andrew Shennock.
Francis Beswick.
Lanse Cornelious.
William Laswall.
Samuel Hedgr.
John Snowden.
William Master.
Gruna Jacobson.
John Grubb.
It must be borne in mind that this government wa- projected while the Proprietors were still in England. Commissioners were appointed by them to superit- tend the settlement of the province and the introduc. tion of the government.
These commissioners were Thomas Olive, Danie. Wills, John Kinsey, John Penford, Joseph Helm-ley Robert Stacey, Benjamin Scott, Richard Guy, and Thomas Foulke, They (except Guy, who had come with Fenwiek ) came in the ship " Kent," and arrive .. at New Castle in August, 1676. With them eame ti. hundred and thirty immigrants, mostly Quakers ( wealth and character, who.expatriated themselve- be- cause of their dislike for the principles which their predecessors under Ployden had sought to transplan: here.
"Their minds had been enlarged by the free spir: of inquiry which preceded the great revolution. an .. could not again be compressed into the narrowne -. of acknowledging the divine right of kings, either i .. matters of church or state. While others, therefore threw up at the restoration the same caps with which they had hailed the bleeding head of Charles the Fir-" these Quakers sought an asylum in the western wor .. where they might nourish their deep-rooted hatre for the pageantry of monarchs and the hypocrisy ( priests. It was no secret to Charles the Second that the followers of Fox entertained and avowed the ils latitudinarian doctrines of government and churce polity, yet, while the ' Kent' lay in the Thames. tha! · sceptered harlequin, who was pleasuring in his bare. ' eame alongside, asked if the passengers were QHaKel-
Richard Mathews. John Haracis.
Francis Collins.
Thomas Peirce.
William Warner.
Christopher White.
John Forrist.
Richard Kobison. Mark Reeve,
Anthony Dickson.
Thomas Schooley. Daniel Leeds.
Thomas Smith.
19
GENERAL HISTORY.
a id where they were bound, and gave them his bless- "This last circumstance,' says Mulford, 'may wem somewhat extraordinary when we reflect that at the very time when it took place thousands of the quaker were suffering throughout Charles' domin- .on .. But it was in character with the monarch, ever .tooth and specious in his exterior, but in heart de- erjative and corrupt : his character was a gilded cheat. Yet, perhaps, a blessing from him was better than a malediction, and if aught of advantage was conferred. let n' not be ungrateful.'
"The ' Kent' landed her passengers at the mouth of the Racoon Creek, where the Swedes had left a few wattering habitations. These not being sufficient to scrommodate them all, some took possession of cow- .talls, and apartments of that sort until other edifices could be built. From Watson's description of the Swedish houses in the olden time it seems there was - little choice between them and the stalls. Each man- son consisted of but one room, with a door so low as . to require those entering to stoop, and no windows wave loop-holes with sliding boards or isinglass dead- lights. Their chimneys in one corner were of gray sand-tone, abjoining to which was an oven, and the cracks between the logs of which the house was built were filled with clay. These dwellings had been abandoned by the concentration of the Swedes at the uow obliterated village of Repaapo, or at the ancient town of Racoon, now called Swedesborough, and it is probable, from the description, that they had been originally built by the servile Finns and Laps, who tilled the ground."
The commissioners waited on Governor Andross, of New York, who claimed jurisdiction here under his commission, but who finally gave them a temporary warrant to proceed with their settlement.
Soon after the commissioners joined the settlers al- ready in the colony they purchased from the natives, in three parcels, the lands on the Delaware from the -unpink on the north to Oldman's Creek on the south, the latter being the boundary of Fenwick's purchase.
According to the record of the deed in the office of the Secretary of State in Trenton, the first purchase was made on the 10th of September, 1677, from "Katamas, Sekappio, Peanto, alias Enequeto, and Rennowighwan, Indian Sarkamarkoes," and embraced the land between Rancocas and Timber Creeks, bounded on the east by a right line between the up- jermost head of each stream. The consideration was
. erty six ffaddome of duffels, thirty blankits, one hundred and fifty uuds of powder, thirty gunns, two hundred ffadome of wampuin, Aorty kettles, thirty axes, thirty small howeg, thirty ants, thirty needles, ; "> ty looking glasses, thirty paire of stockings, seaven aochors of !vat:dy, thirty knives, thirty barres of lead, thirty six rings, thirty Jewes Ha'ja, thirty combs, thirty bracelets, thirty bells, thirty tobacco tougs, 'tifty paire of sissors, twelve tobacco boxes, thirty tintes, tenne pewter «[roufulls of paint, one hundred fish hooks, and one grosse of pipes."
September 27th, of the same year, another deed was |
executed to the commissioners by the chiefs Mohock- sey, Tetamchro, and Apperinges for a tract
" between the midstream of Oldman's creek to the southward, and the midstream of Timber creek to the northward, and bounded, to the east- wanl, by a right lyne extending along the country from the upperaiost head of Oldman's creek to the uppermost head of Timber creek, for the consideration of thirty match coats, twenty guns, thirty kettles. and one great one, thirty paire of hose, twenty ffadome of duffels, thirty petti- coats, thirty Indian axes, thirty narrow howes, thirty barres of lead, fifteen small barrels of powder, seaventy knives, sixty paire of tobacco tongs, sixty sissors, sixty tinshaw looking glasses, seaventy combs, one hundred and twenty aul blades, one hundred and twenty fish hooks. two grasps of red paint, one hundred and twenty needles, sixty tobacco boxes, one hundred and twenty pipes, two hundred bella, one hundred Jews harps, and six anchors of rum."
The Proprietors had sold to a company in York, and another in London, a tenth each of the West Jersey purchase, and one of these located first in the vicinity of Timber Creek, but subsequently went farther north to the vicinity of Burlington.
The commissioners were empowered to make all necessary regulations for laying out and settling the colony, under the concessions, but were not to make new laws. In 1678, Fenwick was liberated at New York, and returned to Salem. He assumed authority as Proprietor, appointed officers, and demanded the submission of the people. Although the commis- sioners sent by the Proprietors forbore to interfere with him, as they had a right to do, the anthorities at New York, under their assumed jurisdiction, gave orders that he should be arrested for a violation of the parole he had given on his liberation, not to at- tempt the exercise of authority here. He persisted, and was arrested and taken to New Castle.
Further difficulties soon arose. Duties had been imposed by Governor Lovelace, of New York, on all goods passing up the Delaware, and the payment of these duties was rigidly enforced by Governor An- dross, who permitted no exemption "to the smallest vessel, boat, or person." The Proprietaries in Eng- land made frequent appeals to the Duke of York against the assumption of a power that reduced them to the condition of tributaries, and to escape from their importunities he appointed commissioners to examine and report in the case. By them, with the consent of the duke, the matter was referred to Sir William Jones, who, after hearing the able defense of their rights by the Quaker Proprietors, gave his decision
"that having heard what hath been insisted on for his Royal Highness to make good the demand of five per ceot. from the inhabitants of New Jersey I am not satisfied (by anything I have yet heard) that the duke can demand that or any other duty from the inhabitants of these lands; and that which makes the case stronger against his Royal Highness 18 that these inhabitants claim under a grant from his Royal Highness to the Lord Berkeley and Sir George Carteret, in which grant there is no reservation of any pront or so much as jurisdiction."
The Duke of York assented to this decision, and in 1680 executed another deed of confirmation, in which he conveyed the province of West Jersey to Edward Byllinge, William Penn, Gawen Lawrie, Nicholas Lucas, John Eldridge, and Edmund Warner. This
.
20
HISTORY OF GLOUCESTER, SALEM, AND CUMBERLAND COUNTIES.
conveyance was in such a form that, while it con- veyed the property to the above-named proprietors, it gave the powers, authorities, jurisdictions, govern- ments, ete., to Edward Byllinge alone, and his heirs or assigns. Byllinge failed to confirm the conces- sions of the Proprietors anew. and the government of West Jersey assumed a different form, though the spirit of the coneessions was preserved.
The conflict of authority, which had been still more fierce in East Jersey between Andross and the Proprietary government, was finally terminated in 1681. In his conduct during this conflict the duke was thought to exhibit a want both of honesty and capacity.
The conveyance by the Duke of York to Byllinge of governmental authority had given him an appear- ance of right, which he did not resign. and which the Proprietors did not seem inclined to contest. All con- fliet, however, was avoided by the election by the Pro- prietors of Byllinge as Governor of the province. He -at onee appointed Samuel Jennings his deputy, and he summoned an Assembly, which met Nov. 21, 1681. This Assembly declared :
"Forasmuch as it hath pleased God to bring us into this province of ' West New Jersey, and settle us here in safety, that we may be a people to the praise and honor of His name who hath dealt so with ns, and for the good and welfare of our posterity to come, we, the Governor and proprietors, freeholders, and inhabitants of West New Jersey, by mutual conseut and agreement, for the prevention of innovation and oppression either upoo us or our posterity, and for the preservation of the peace and tranquillity of the same, and that all may be encouraged to go ou cheerfully in their several places, do make and constitute these our agreements, to be as fundamentals to us and our posterity, to be held inviolable, and that no person or persons whatever shall or may make void or disannul the same upon any pretence whatever."
The agreements or fundamentals thus adopted were fully as liberal as the former ones, and the rights of the people were even more strongly guarded, while the powers and prerogatives of the Governor and Council were more earefully limited.
Says Grahame, "Of the laws that were enacted on this oceasion the most remarkable feature is a provision that in all criminal cases, except treason, murder, and theft, the person aggrieved should have the power to pardon the offender, whether before or after condem- nation, a provision of a very questionable expedi- ency, but probably intended to prevent the Christian requirement of forgiveness of injuries from being evac- uated, as in most countries is practically done by the supposed municipal duty which engages a man to avenge, in his capacity of a citizen, the wrong which, as a Christian, he is commanded to forgive. . . . For the encouragement of poor but industrious laborers, who obtained the means of emigrating from Europe by indenting themselves as servants to more wealthy planters, every servant was authorized to claim from his master, at the expiration of his indenture, a set of implements of husbandry, certain articles of apparel, and ten bushels of corn. To prevent the resort of worthless and vicious characters to the province a law was soon after passed requiring every new settler, .
under pain of a pecuniary fine, to give satisfactory evidence to a justice of the peace that his change of residence was not the consequence of crime. or an act of fraud, but that he was reputed a person of blame- less character and a sober life. From this period till the dissolution of the Proprietary government the Assembly was annually convoked. It did not always confine itself to the exercise of the ample powers with which it was constitutionally endowed, for when Byllinge soon after proposed to deprive Jennings, the depnty Governor, of his office, the Assembly inter- posed to prevent this measure, declaring that Jen- nings gave satisfaction to the people, and desiring ' him to retain his situation."
In 1681-82 another "tenth," ealled. from the na- tionality of a majority of the settlers, the Irish tenth, was taken up and settled. It was numerically termed the third tenth, and extended from Pensauken to Timber Creek. The province was, in 1632, divided into two judicial distriets or counties, one of which had its seat at Burlington and the other at Salem.
The people had acquiesced in the change by the last grant from the Duke of York. but they became unquiet, and began to insist on the restoration of the status under the old grants as a matter of right. By a resolution of the Assembly Governor Jennings and Thomas Budd were sent to England to negotiate for a full restoration of the government to the Proprie- tors as before. In this they were only partially suc- cessful. A new charter was given, but with no im- portant concessions. John Skene was appointed Deputy Governor, and entered on his duties in 1685, and the Assembly adjourned to " some fit and season- able time." It is positively stated by the historians Mickle and Mnlford that the Assembly did not again convene till the latter part of 1692, but the following extracts seem clearly to contradict this statement.
At the session of Nov. 3-12, 1692, an act was passed, the preamble to which set forth that-
"Whereas, for several years past, there hath been held yearly and every yeur at Burlington a General Assembly at two several times in the year -viz., on the 12th day of May and on. the 3d nay of November, then after, and it being found by experience that the session held in Novem- her is very inconvenient Ly reason," etc. 1
It was enacted that but one session be held an- nually.
At the same session it was enacted that-
" Whereas, there has been several petitions exhibited to this house by the people inhabiting about Pensaukin Creek, intimating their diszatis- faction concerning the line intended for the division line between the conoties of Burlington and Gloucester, and at our se wrions in May last past the house, having beard their petition and debated it, resolved to ap- poiut four of the members of the Assembly, viz., John Tatham, Thomas Gardiner, Jr., Andrew Robinson, and Daniel Leeds, to review the Place, aod, according to their Discretiou, to fix the line of Partition between the said counties the boundaries whereof the Persons abovesaid affixed as follows," # etc.
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