USA > New Jersey > Essex County > Newark > Narratives of Newark (in New Jersey) from the days of its founding > Part 10
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29
A constable was in charge of him as he tottered forward in his weakness from the effects of the soldiers' rough handling, after four weeks' incarceration. If the dictator exhibited signs of nervousness it was for his own safety rather than an aroused sentiment over his victim's physical condition.
Carteret was taken into the Court of Assizes and seated
127
128
NARRATIVES OF NEWARK
on a platform, his accuser also sitting above the people. The crier commanded silence, after which his excellency, the Governor of New York (and of New Jersey) arose and im- pressively addressed the jury.
He charged that "Captain Philip Carteret, of Elizabeth. Town, in New Jersey, on the 7th of April last and divers times before and since without any Lawful, Right, Power, or Au- thority, hath presumed to exercise Jurisdiction and Govern-
John Johnson Mill (about 1700) on former site of City Almshouse, Elizabeth Avenue
ment over His Majesty's Subjects within the Bounds of his Majesty's Letter Patents to his Royal Highness, and though forewarned hath persisted and riotously and routously with Force and Arms, endeavored to assert and maintain the same."
Presenting Carteret to the jury, Andros asked for a verdict of guilty. Carteret's reply is best given in his own version: "When I came to my Tryal my Intentions at first were not to have entered a plea, and to have protested against the Juris- diction of the Court; but finding the Court to be overruled by him (Andros) was forced to enter a Plea, and Pleaded not guilty of what he alledged against me in my Presentment; and
129
GOVERNOR CARTERET'S TRIAL
. also was ready to make out and justify my Actings as Gover- nor of New Jersey, to be legal and by Virtue of Power derived from the King; to which purpose recommended to the view of the Court My Commission, with other Instructions to manifest the same, which was delivered with a Charge to the Jury, was to make a return of their Verdict concerning it, with their Verdict in Matter of Fact."
The verdict of the jury was expected by the people. Proudly the foreman declared: "The Prisoner at the Bar Not Guilty!"
- Andros plainly showed his anger and demanded reasons for such miscarriage of justice. The jury did not reply, but each man, casting his eyes about the room, noticed approving glances of their finding by individuals in the assemblage. Carteret, then dramatically entered a plea before the jury and people, claiming protection and release from imprisonment. "Was the jury to give its reasons for rendering the verdict, contrary to English law?" he also asked. The jury room deliberations were the people's sacred rights, he stoutly maintained. The Governor declined to receive the verdict and once more charged the jury. Again came the response: "Not guilty!"
The court was thereupon adjourned to the following day and Carteret returned to prison. The people did not retire till late at night, so much was there of the day's proceedings to discuss. Many a candle flickered low before quiet settled in the homes.
The court convened the next forenoon. The jury was charged for the third time and yesterday's scenes were re-enacted.
"The prisoner at the bar not guilty!" came the ringing response of the spokesman, when the clerk inquired of the jury if a finding was reached. The foreman explained for his fellow jurymen. Carteret, it was announced was not under their jurisdiction and did not acknowledge them as his judges. They could not do otherwise than find for the de- fendant, he declared.
130
NARRATIVES OF NEWARK
Andros, realizing the hopelessness of further prosecution, accepted the recommendation that Carteret be returned to East Jersey, and engaging not to participate in any official act, civil or military. The dispute was again referred to the Lord Proprietor for solution. Effusively did the accuser, his manner completely changed, invite Carteret to accept his escort to the landing place and thence to Elizabeth Town. A procession was ordered, and the trumpeter played fanfares, as it moved to the landing place. One who attended said: "The Governor took back Captain Carteret to Achter Koll with all magnificence."
Andros officially visited Elizabeth Town, on June 1, 1680. "The Go: with the Councill & severall of the gents of the Towne to attend hime came from New York about noone in his sloope to come to N. Jersey, to the Assembly of Deputyes to be held the next day at Eliz. Town, attended by Lady Andros and nine or ten gentlewomen," reads the record of the day. A retinue of soldiers, sailors and servants was also in the party. Light winds prevented landing till after sunset. Captain Palmer in the predicament, extended the hospitality of his home to the women, while the men remained aboard the vessel.
The Governor proceeded with dispatch on the morning of the following day to the council house, where after the depu- ties were sworn into office, he delivered a long inaugural ad- dress, this brief account being preserved:
He acquainted them that they are met for the King and Coun- try Service, and in order to it he hath brought the King's Letter Patents, under the Great Seal of England, to his Royal Highness and his Commission, that this Part of the Country may by them their Representatives see the Authority, and his Majesty's and his Royal Highness care of them in every respect as of the other Parts of the Colony; pursuant to which and Law he hath en- deavoured not to be wanting in his Duty for the wellfare of all, though by some mistakes and neglects, they have not been so unanimous and united as they ought and now are by the said Great Seal, which is their Grand Charter Rule and Joint Safety;
131
GOVERNOR CARTERET'S TRIAL
and Things being now come so well to their right Channel, he doth again by virtue of the above Authority confirm the remitting all past Actors assuming Authority and offer to their Considera- tion how necessary it is an Act be made to confirm all past Ju- dicial Proceedings, and for the Times and Places of keeping their future Courts and Sessions.
A copy of the law books of New York, adopted by the Assembly of Hempstead, was placed in the deputies' custody, and John Boune and Isaac Whitehead were named speaker and clerk, respectively.
The deputies insisted strenuously that all the privileges enjoyed by the inhabitants of East Jersey under Carteret be assured them for the future. This was at first refused, but Andros, forced later in the day to sign an agreement, em- bodying these provisions, gave the people a victory and at the same time displayed his fear of the strong-minded colonists.
CHAPTER XXV
END OF PROPRIETARY GOVERNMENT
ANDROS enjoyed only a brief term as Governor of East Jersey, having been recalled to England in January, 1680. He was returned to the colonies in 1685 by the Duke of York who ascended the Throne as James II, the latter appointing him Governor of New England. New York and New Jersey were also placed under his jurisdiction in 1688. His administration was decidedly unpopular and the Boston people compelled him to leave town. Again ordered home, Andros remained there and died at the age of seventy-six years.
Governor Carteret issued a proclamation on March 2, 1680, announcing the death of the Proprietor, Sir George Carteret, and "the Right Honourable, the Lady Elizabeth Carteret, bearing Date Month September, 1680, is left sole Executrix and Guardian to the Heir of Sir George Carteret, Lord Proprietor of this Province, with an absolute Command not to take Notice of any Commissions, Warrants or Orders from Sir Edmund Andros."
Carteret ruled with a strong hand. Alert and ready for emergency, this precautionary measure was adopted on June 8, 1681:
It is agreed by vote in full Town Meeting that what the Major part of the Town shall conceive and act upon any Account for the Good and Safety of the Town shall stand good and valid to bind every individual Planter and inhabitant to the attendance thereof, upon such Penalty as the Town, or a Committee chosen by the Town, shall see Cause to inflict.
The Assembly convened at Elizabeth Town on October 19, 1681, and the power of the House of Deputies was checked.
132
133
END OF PROPRIETARY GOVERNMENT
Acrimonious discussion by councillors and deputies character- ized the proceedings. Thomas Johnson, of Newark, was a leader in the discussion, urging that the Governor had no right to alter the concessions granted the Puritans in 1666. The differences resulted in the Assembly being dissolved on November 1, 1681. Scathing was the rebuke administered by Governor Carteret and his council, through Secretary James Bollen, to the deputies. The concluding words of the document are:
Private Spiritts in men in publique employment are the Jewels that addorne your brests as is under the hand of the Clarke of the pretended Genl. Assembly. Everything being beautiful in its sea- son and soe we bid you fairewell. By Order. James Bollen, Sec.
Carteret died the following year at the age of forty-three. Failing in a private sale, and acting for the youthful heir, the trustees of Sir George Carteret's estate offered East Jersey at public auction. William Penn and eleven associates became the owners, the consideration being 3,400 pounds or $17,000. Deeds of lease and release were dated February 1 and 2, 1681. Each of the twelve owners selected an associate, thus providing for the twenty-four proprietors, prominently identified thereafter with New Jersey history. Robert Barclay became Governor and Thomas Rudyard, a London lawyer, deputy governor or executive in charge of gubernatorial affairs. The initial session of the Assembly was held at Elizabeth Town, March 1, 1682. One of the first acts created four counties-Bergen, Essex, Middlesex, and Monmouth. Essex County included all the country north of the dividing line between Woodbridge and Eliza- beth Town and west of the Hackensack River. Trading with negro slaves was forbidden, intercourse with Indians regu- lated and profane swearers, drunkards, and other offenders against the moral standards of the Levitical law were sub- jected to severe penalties. Commissioners were appointed to lay out roads, settle landings, provide ferries and bridges.
134
NARRATIVES OF NEWARK
The militia was established upon a firm basis and jails and pounds were authorized in all the counties. Isaac Kings- land was appointed first sheriff of Essex County on March 25, 1683.
Patient under the many changes in the office of Governor were the settlers of Newark, but restlessness was noted in . nearly every other town. An effort to convene the court at Elizabeth Town on March 12, 1700, met with rebuke by revolutionists, whereupon it was transferred to Newark. In the early morning of September 12, the opening day, a troop of Elizabeth Town horsemen arrived at the Meeting House, where the court was to meet. The constable ma- jestically announced the presence of the justices, who, care- fully gowned and wigged, mounted the bench as the crier summoned all who had business with the court to draw near.
Samuel Carter, of Elizabeth Town, claiming that he represented Samuel Burwell, the prisoner about to be placed on trial, demanded very dramatically :
"On what authority does this court sit?"
"By the King's!" replied Captain William Sandford, presiding. The latter and his associates, Justices Captain John Curtis, Theophilus Pierson (son of Rev. Abraham Pierson, first pastor) and Elias McKeilson, held a whispered conference and then counseled an orderly procedure of the Court's business, which was agreed to. The prisoner was found guilty of the offense charged but his fellow citizens rebelled. The constable was removing Burwell to jail when the court room became a scene of violence, best told in the language of the clerk, George Jewell:
The Constable in the Execution of his office was sett upon by Thomas Johnson, Sam'l & Joseph Burwell & Severall others (all of Elizabeth Town). The P'sident Wm. Sandford pulled off the bench by Abra: Hetfield & Daniel Craine & his hatt and wigg halled of his head by the sd. Hattfield the Clerk of the Court soe grosely abused in P'ticquler by John Luker who struck him with great vilence with his fist. WM. Luker Jun'r with a Stick & John Clarke tore his wigg from of his head. The P'sident allsoe
135
END OF PROPRIETARY GOVERNMENT
having had his Sword Taken from him by Daniel Craine & broke in pieces by him the sd. Daniel.
The rest of the Justices grosely abused, some their clothes torn of their Backs with many other abusefull words & actions Received from the Rabbell of Elizabeth Towne, The Prissoner Sam'l Bur- well, Resshawed out of the Constable hands made his Escape, the Constable alsoe grosely abused pulled by the haire and his staff Taken from him & throwne out of doors, the P'sident alsoe being struck Three blows, two of which ponches in the brest & one in the face. The Rabbel Consisted of neere 60 horse.
The Elizabeth Town settlers with the liberated pris- oner departed post-haste for home, leaving clouds of dust in their wake as rein was given their horses. Recover- ing from their rough treatment the Judges ordered the sheriff to impanel a jury which was to find an indictment against the violators of the King's court. The following leading citizens of Newark were selected for this service on Tuesday, September 30, 1700: Thomas Hayes, foreman; Samuel Harrison, John Cooper, Samuel Allen, Joseph John- son, John Allen, Benjamin Baldwin, Jabez Rogers, David Ogden, Daniel Browne, Nathaniel Ward, Caleb Ball, John Clarke of Newark, Joseph Breum, Anthony Olive, Edward Ball, John Douglas, Eleazer Lampson. The jury returned this presentment:
Jurors for our soveraign Lord the King present upon oath many of the inhabitants of Elizabeth Towne as is immitted by the Court, Riottusly Dissturbing the sd. Court of Sessions sitting in their sessions in the publick Meeting House in Newarke on ye 10th of September, 1700.
THOMAS HAYES, Foreman.
Another raid by the Elizabeth Town malcontents on the morning of September 12 resulted in freeing a second prisoner. They caused a panic along the route by loudly declaring that blood would be spilled if their way was crossed. Excitement was general when the mob appeared at the
136
NARRATIVES OF NEWARK
jail. The revolution was on in earnest. Women and chil- dren hurried along the highway to avoid witnessing scenes of bloodshed, which it was thought, would result from the clash between the Elizabeth Town contingent and the King's officials. Nearly all the horsemen carried clubs.
Not finding the sheriff at the jail, they proceeded across the street to the home of Justice Pierson and demanded the surrender of Joseph Parmator, a prisoner. The Justice, who was a peacemaker, suggested that the transaction of the King's business proceed according to law, and that all grievances would receive proper attention.
The ringleader denied the existence of courts. Clamoring for the prisoner followed.
"By what right do you make this demonstration?" in- quired Justice Pierson.
One of the leaders, brandishing a club, shouted: "By this right." Every man in the crowd followed his example.
"We demand ye Sheriff; we'll have him if he is above ground," exclaimed the leader.
Securing little satisfaction from Justice Pierson, the mob repaired to the home of John Johnson, where an indiscreet youth had reported Sheriff Smith in hiding. Meeting with resistance at the Johnson home, the mob cried hoarsely:
"Ye sheriff! Ye sheriff! Come out here!"
Fearful for the safety of the home, the sheriff appeared at the door. The mob endeavored, by use of persuasive me- thods, to induce him to hand over the keys. He refused and cautioned the men to allow the law to run its course.
"You are in a law abiding town," he said, "and your rights will be fully restored if you will only wait till the jus- . tices act."
"Talk not to us of waiting for the justices!" shouted the leader. "We want Joseph Parmator, ye pitiful rascals put in jail. We want the key and the devil take ye all and all ye rest of Newarke if ye do not open ye jail."
In an instant the mob rushed forward, seized the sheriff and held him firmly while his person was searched. Out
137
END OF PROPRIETARY GOVERNMENT
of the squirming, struggling mass the key, about a foot in length, was brandished above the head of a stalwart son of Elizabeth Town. Away went the mob to the jail, a few Newarkers following at a safe distance.
Parmator was freed, placed on a horse, and before the law-abiding citizens recovered from their astonishment the rioters and released prisoner were homeward bound. When Newark calmed sufficiently to inventory the damage done by the Elizabeth Town mob, it was found that the jail door was broken, the sheriff injured more in his feelings than person, and several others were bruised.
Groups of men, meeting in their respective neighborhoods, discussed the events of the two days. Wood gathering, always an essential September task, was temporarily sus- pended. The Court was in session at the home of Jus- tice Pierson. Only yesterday, September 11, at 6 o'clock in the morning, an order was issued to Sheriff Smith for the impanneling of eighteen jurymen to take deposi- tions of persons witnessing the first assault upon the King's law.
The following citizens were selected to serve on another jury and make a presentment of the latest outbreak against law and order:
Joseph Harrison, foreman; Anthony Olive, Samuel Camp, Seth Tompkins, Jabez Rogers, Robert Young, Samuel Har- rison, Samuel Huntington, Jonathan Sargeant, Sen., Joseph Peck, John Baldwin, Sen., Daniel Harrison, Jasper Crane, Sen., John Crane, Thomas Ludington, Joseph Johnson, James Nuttman, Thomas Hayes, Amos Williams, Samuel Ward, Edward Ball, John Johnson, Samuel Pierson, and John Linsley.
The finding of the jury in this case was:
Jurors for our soveraigne Lord the King upon oath present many of the inhabitants of Elizabeth Towne on the 12th day of September 1700 came up to Newark & Riotously assaulted the Sheriff of ye County and forceably took away the Keyes of the prisson and took away a prisoner out of the prison. Namely one
138
NARRATIVES OF NEWARK
Joseph Parmator Then in Custody. The persons presented are these after named.
JOSEPH HARRISON, Foreman.
Thirty-six well-known Elizabethan names are appended to the presentment.
Events were leading toward a dissolution of the pro- prietary government. Queen Anne, who was occupying the throne as successor to King William III gave her royal assent on April 15, 1702, to the Jerseys being placed under English government authority. From this time they have been officially known as New Jersey.
1
CHAPTER XXVI
PURITAN SYMPATHY DISPLAYED
PURITAN sympathy was of exquisite quality, the Newark settlers ever offering the helping hand in sickness and distress. Prominently was this trait displayed in the case of Richard Hore, who located on an eight acre tract near the Corn Mill, abutting the property of Hans Albers, the tanner, whose holding extended to the point now known as the Orange Street hill.
John Cunditt became a planter during the first quarter of a century and was assigned a home lot on the Mill Brook plain. He was another neighbor and carried on the trade of weaver quite profitably. In season he tilled his farm and accumulated by economical habits a goodly store for his progeny. A typical Puritan, practising the Christian spirit of helpfulness in his everyday life, devotions were held at his fireside morning, noon and night. Punc- tually he started out with his family at the sound of the drum for Meeting House service on the Sabbath Day through all weather-driving rainstorm, blistering heat, bitter cold or snow. The spirit of worship was with him always.
Richard had been ill several weeks. The planters living in the northern end of town noticed his languid, inactive appearance as he moved about the dooryard. Indeed he was compelled, in his weakness, before the leaves had fallen from the trees in the autumn of 1688, to remain entire days within doors. Often visited by the townspeople, who administered comfort as best they could from their limited available resources, yet signs of improvement were not evident. Of course the Rev. Abraham Pierson visited the patient and offered solace, but the thought ex- pressed by a good housewife that "Richard was going
139
140
NARRATIVES OF NEWARK
into a decline," found general confirmation among the people.
Increasing hours of sunlight in January would assist in restoring health if there were any recuperative powers left in the emaciated frame, was a December conjecture, when the temperature was below the freezing point and Richard suffered from the chilly atmosphere.
Firewood and victuals the shut-in had a-plenty, but he was more in need of constant care, of the attention so nec- essary to restore normal health, if that were possible.
Indian arrowheads found on property of Reuben Dodd and Matthias Soverel, near Midland Avenue, East Orange, about 1870
Neighbor Cunditt made his customary call on an early December morning when the window panes were covered with a thick layer of frost. Opening the door cautiously, the visitor felt the chill of a fireless room; Richard was lying upon his pallet, gazing dreamily at the fireplace, from which the last spark had faded.
Going to his home, where the fire was blazing merrily, a steaming kettle hanging over the hearthstone and good cheer
141
PURITAN SYMPATHY DISPLAYED
in abundance, the Good Samaritan conferred with his con- sort. Mistress Deborah Cunditt's mind was in accord with the plan proposed, of assigning Richard a place in their home, whither he was removed and enjoyed a comfortable seat alongside the blazing fire. He was revived in a few hours No more would he be chilled "to the marrow," he confidently remarked to the master, when at the end of the first day he was "thawed out" and able to partake of a generous portion of venison stew.
The patient was treated as a member of the family. Soon after Candlemas Day, in February, 1689, when the sun was streaming through the south window, and illuminating the space about the sun dial till it glowed as if possessed of life, Richard talked to Mistress Deborah about the end of his life. He did not expect to live many days and desired in some way to reward the master for the kindnesses he had received from him. When all was quiet about the house, after the evening meal and the chores all done, true to his word, Richard asked of the master a word or two about business affairs. In a moment the burden of his mind was spoken. Would he take his land in return for the many kindly acts of the past year?
Pondering a while, Goodman Cunditt said: "Well, if ye want it that way and your mind is squarely made up, I'll take your land and give you fifty shillings for good measure."
The town scrivener prepared the deed on February 27, 1689, and the document, duly signed, contained among other provisions this important clause:
For several good causes and lawful consideration me hereunto moving, but expressly for and in consideration of thirteen months' board and fifty shillings, have granted and sold unto the said John Cunditt eight acres of upland in the town of Newark, and bounded on the north by Hans Albers, on the east by the river, on the south by said Cunditt and on the west by the highway.
(Signed)
by his
RICHARD
mark. X HORE,
142
NARRATIVES OF NEWARK
But the end was not so near as surmised. Soon after the transfer by order of town meeting, this contract was made:
Some Propositions between the Town and John Gardner toward an agreement for John Gardner to keep and provide for Richard Hore (viz): that the said John Gardner doth agree with the Town, to take Richard Hore into his House (he coming well clothed with a good Leathern Suit) for Two Shillings and Six Pence a Week, in Money or Pay equivalent; and doth further promise to keep him conveniently clean, and if he live not a Year, the said John Gardner, shall have two Shillings and Six Pence a Week for so long as he doth live, and if he live above a Year, the said John Gardner doth engage to provide him with Cloaths and Victuals, that he suffer not, for the two Shillings and Six Pence a week afs'd, as long as the said Richard shall live and the Town see Cause to continue him there, and free the Town from further Trouble. In Confirmation hereof, John Gardner, on his part, and Edward Ball in Behalf of the Town, have this 20th of Feb'y, 1690, set their Hands.
JOHN GARDNER. EDWARD BALL.
Other names were added to the poor list on February 5, 1691, and "poor Richard," was placed in the keeping of Samuel Rose "or some other Place and agree as reasonably as they can." The committee in charge of the first poor and alms department was composed of Azariah Crane, Samuel Harri- son, William Camp and Edward Ball. John Gardner, who faithfully discharged his duty, was released from further ser- vice in this respect, though he contributed his share with others toward the support of the poor. Further mention of Richard's name is not found in the records. He passed away before the end of 1692.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.