USA > New Jersey > The New Jersey coast in three centuries; history of the New Jersey coast with genealogical and historic-biographical appendix, Vol. I > Part 36
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After further homage of this sort the representatives of the village or towns then set forth their complaints. They refer to the arbitrary gov- ernment set up by Stuyvesant, to the appointment of local officers without an expression of the will of the people, to the putting in force, as occasion arose, obsolete laws, so that good citizens hardly knew when they were not violating some ordinance or proclamation, to the length of time in which honest applications for land patents were kept pending, and to the prompt and easy manner in which large tracts of valuable land were awarded to those favored individuals who had some sort of a "pull," as modern politicians would call it, with the authorities. Therefore, trust- ing to their "High Mightinesses" to "heal our sickness and pain," the delegates signed the document.
But the Governor had no toleration for such documents, would hardly manage to be civil to the Deputies who presented the paper, and denied that Brooklyn, Flatbush and Flatlands, at any rate, had any right to elect delegates to such meetings. He believed it was an evidence of incipient rebellion and treason, and blamed the English residents as the cause of the whole trouble, and he ordered the delegates to disperse and "not to assem- ble again on such business," and the citizens meekly obeyed. He went so far in the following year as to refuse to confirm the election of the Grave- send delegates, Baxter and Hubbard, as magistrates of that town, and went there in person to allay the excitement which that arbitrary proceed- ing occasioned.
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Yet, this same Stuyvesant, acting in the name of the Lords States General, issued a patent (September 5, 1661) under which was consti- tuted the first court of law in what is now New Jersey, at Bergen. This document named three judges selected by the Governor; their jurisdiction was restricted to the municipality, and their powers, which were limited to adjudicature between individuals in small affairs, were minutely set forth in about a score of different provisions.
Late in August, 1664, an English fleet under Sir Richard Nicolls took possession of New York, and September 8th the administration of Gov- ernor Stuyvesant and the Dutch supremacy came to an end.
When Charles II (March 12, 1663-4) made his royal grant to the Duke of York, conveying to him the territory, he clothed him and his heirs, deputies, agents, commissioners and assigns with all governmental powers "agreeable to the laws, statutes and government of this our realm of Eng- land," properly reserving to the crown "the receiving, hearing and deter- mining of the appeal and appeals of all or any person or persons of, in or belonging to the territories or islands aforesaid, in or touching any judg- ment or sentence to be there made or given." Among the powers specifi- cally delegated was that to "make, ordain and establish all manner of or- ders, laws, directions, instructions, forms and ceremonies of government and magistracy fit and necessary for and concerning the government of the territories and islands aforesaid, so always that the same be not con- trary to the laws and statutes of this our realm of England, but as near as. may be agreeable thereunto."
With this as his warrant, Sir Richard Nicolls, as Deputy Governor, proceeded to establish civil order after the English fashion. He began by changing some of the names of his vast bailiwick. The old name of New Netherland was changed to New York, in honor of one title of his royal patron, and Fort Orange became Albany in honor of another. About the same time English names were given to various towns which had hitherto borne names given them by the Dutch.
But, in the line of our narrative, one of the most important early acts. of Governor Nicolls (September 30, 1664) was his proclamation offering the conditions under which planters might settle in the new territories, for upon this was based the beginning of social order and of political institu- tons in New Jersey. By the terms of this document it was provided that "the purchasers are to set out al town and inhabit together," that "the several townships have liberty to make their particular laws, and deciding all small causes within themselves ;" and that "every township hath the free choice of all the officers, both civil and military."
In 1665 Governor Nicolls issued a call for an assembly of delegates from the various towns of Long Island. This call contained the following :
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"In discharge, therefore, of my trust and duty, to settle good and known laws within this Government for the future and receive your best advice and information in a general meeting, I have thought it best to publish unto you that upon the last day of this present February, at Hemp- stead, upon Long Island, shall be a general meeting which is to consist of deputies chosen by the major part of the freemen only; which is to be understood of all persons rated according to their estates, whether English or Dutch, within your several towns and precincts.
"You are further to impart to the inhabitants from me that I do heart- ily recommend to them the choice of the most sober, able and discreet persons, without partiality or faction, the fruit and benefit whereof will return to themselves in a full and perfect composure of all controversies and the propagation of true religion amongst us."
To this Assembly was submitted the code known as "The Duke's Laws." The laws, in themselves, were just and equitable. The Indians were protected so far as a sale of their lands required the consent of the Governor. The uttermost toleration was allowed in religious matters. Its legal administration, with a town court, a court of sessions and a court of assizes, seemed adequate for the needs of the Province. There was a Sheriff for the shire, and a Deputy Sheriff for each riding. Each town was to elect a Constable, and eight (afterward reduced to four) Overseers,. who were entrusted with the maintenance of good order. They made up the town court, which took notice of all cases of debt or trespass under five pounds, and at which a Justice of the Peace ( appointed by the Governor ) was to preside when present. The Court of Sessions was composed of the. Justice of the Peace in each town in each riding, and had jurisdiction over all criminal cases and over civil cases where the amount was above five pounds. Under suits for less than twenty pounds the judgment of the court was to be final, over that sum there was the right of appeal to the Court of Assizes. It was a jury court, seven jurymen being the number fixed for all cases not capital, and for such twelve were required, and a unanimous verdict was necessary to convict. The death penalty was the, fate decreed for those who denied God or His attributes, who were found guilty of treason, or willful murder, or taking life by false testimony, or who engaged in man-stealing, and for several other crimes.
These laws were remarkable for their utility as well as for their broad and tolerant spirit, quite different in that respect from the regulations prevailing over the greater part of New England. Many of the members constituting the Assembly had been banished from New England because of their nonconformity with Puritanism in religion, and others had left that region in order to escape the penalties of fine, imprisonment and whipping which were visited upon some of their fellows. Were it not that
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we knew differently, it would be apparent that these men were the authors of this code, which so carefully guarded the personal religious freedom they sought for themselves. But it does not appear that the Assembly had any hand in its framing, and it is rather evident that that body was only called together to give it their formal sanction, which it did. The laws were presumably written by Matthias Nicolls, a nephew of the Governor, and this well grounded assumption reflects great credit upon him, as well as upon his uncle, of neither of whom so much could scarcely be expected when we remember what their own political and religious ideas were, and that they represented a kingly authority in which Church and State were practically one and the same.
"The Duke's Laws" are also worthy of notice in view of the fact that, about the time of their enactment and shortly afterward, there was con- siderable emigration from Long Island throughout the Jersey Provinces ; and it is highly presumable that the emigrants based upon them many of the local regulations which were made for that region. There are tradi- tions pointing to a local court near Hackensack, in Bergen county, in 1677, two years after "The Duke's Laws" were promulgated, but these are dis- credited by close investigators of judicial history. There is some real evidence of the existence of local courts in the same year, in Monmouth county. Such courts were doubtless the local assemblies which were held under the authority of the Nicolls Patent, and which, for the time, exer- cised rather broad powers under the provisions of that instrument. There was, however, grave question as to the legitimacy of such bodies, their- jurisdiction was limited, and they are soon lost to sight.
But to return to the Province of New Jersey. February 10, 1664-65, Lord Berkeley and Sir George Carteret, the assignees of the Duke of York, in their capacity as "Lords Proprietors of the Province of New Cesarea, or New Jersey," promulgated their "Grants and Concessions" -a document which is regarded as the first Constitution of the Province. It is of peculiar interest in one important particular-it provided for the establishment of a judicial system, and this in a day when Governor Nic- olls, of the more populous Province of New York, was getting along with- out such agencies, questions of dispute being brought before him on pe- tition for his adjudication.
The "Grants and Concessions" were, for the times and under the circumstances, extremely liberal. To analyze motives is often a miserable task, and sometimes leads to unjust reflections. In the present case a state- ment of existent conditions may aid us in arriving at a just verdict.
The Province of Jersey, so far as it was inhabited, was occupied by a ·conglomerate population, in which the Dutch and English elements greatly
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preponderated. The former people were of sterling character and their virtues were strongly domestic. Excellent qualities these, but not just such as the Lords Proprietors looked to for such energetic aid in the de- velopment of the virgin country as would lead to that high commercial and political importance they had in view. For this they, Englishmen themselves, looked to Englishmen. Yet with the great majority of their fellow-countrymen then on the ground, they were not in full sympathy. The English commonwealth had failed, and the monarchy had been re- established. Very many of the Englishmen then in Jersey had been among the Revolutionists in the mother country, and it was natural that their American landlords, who had been and were steadfast royalists, would cherish toward them a strong antipathy and make their way no smoother than was absolutely necessary for their own interest. But the Lords Pro- prietors were desirous of attracting emigration, and it was evident that this end would be best accomplished by display of the utmost tolerance in re- ligious affairs and such freedom in political matters as could be af- forded without serious impairment of their own authority. Upon these grounds a large emigration was to be expected from the British Isles. And, again, object lessons had been presented to them in the conditions elsewhere upon American soil. Many of the New England colonists had grown restive under the proscriptive Puritanism of New England, and were casting about for a region where perfect tolerance should prevail. To such, Maryland offered peculiar inducements, for there Lord Baltimore, a devout Romanist in religion, had based his government upon the most liberal principles that could be asked-principles which, by legislative act in 1649 (fifteen years prior to this time), had provided that "no person whatsoever professing to believe in Jesus Christ, shall be in any way trou- bled, molested or discountenanced for and in respect of his or her religion, nor in the free exercise thereof, nor in any way compelled to the belief or ex- ercise of any other religion against his or her consent." And so, it is fair to presume, in view of the immigration which soon set in, and of its char- acter (largely Scotch Presbyterian and Quaker) that the "Grants and Concessions" were as potent in peopling the country as were, in a later day, the more material advantages offered by new States in the trans- Mississippi region-cheap lands, low tax rates and liberal property ex- emptions from sheriff's sale.
Among the provisions of the document under discussion, which has been called by some the "Magna Charta of New Jersey," are the following :
"Item. That no person qualified as aforesaid within the said Prov- ince, at any time shall be in any ways molested, punished, disquieted or
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called in question for any Difference in opinion or practice in matter of Re- ligious Concernments, who do not actually disturb the civil Peace of the said Province ; but that all and every such Person and Persons may from time to time, and at all Times, freely and fully have and enjoy his and their Judgments and Consciences in matters of Religion throughout the said Province, they behaving themselves peaceably and quietly, and not using this Liberty to Licentiousness, nor to the civil Injury or outward disturb- ance of others; any Law, Statute or Clause contained or to be contained, usage or custom of this Realm of England, to the contrary thereof in any wise notwithstanding.
"Item. We do hereby grant unto the General Assembly of said Province, Power by Act to constitute and appoint such and so many Ministers or Preachers as they shall think fit, and to establish their Main- tenance, giving liberty besides to any Person or Persons to keep and main- tain what Preachers and Ministers they please.
That the Inhabitants being Freemen make choice of twelve deputies or representatives from amongst themselves; who being chosen are to join with the said Governor and council for the making of such laws, ordinances and constitution as shall be necessary for the present good and welfare of the said Province."
The charter prescribes that the body of representatives, or the major part of them, shall, with the Governor and Council (therein provided for) be the "General Assembly" of said Province, and among its powers which are enumerated, and include those for taxation and the like, are the following :
"II. To enact and make all such laws, acts and constitutions as shall be necessary for the well government of the said Province, and them to re- peal ; provided, that the same be consonant to reason, and as near as may be conveniently agreeable to the laws and customs of his Majesty's king- dom of England; provided also, that they be not against the interests of us the Lords Proprietors, our heirs or assigns, nor any of those our con- cessions, especially that they be not repugnant to the article for liberty of conscience above mentioned. *
"III. By act as aforesaid, to constitute all courts, together with the limits. powers and jurisdictions of the same; as also the several offices and number of officers belonging to each court, with their respective salaries, fees and perquisites, their appelations and dignities, with the penalties that shall be due to them, for the breach of their several and respective duties and trusts."
The last two paragraphs quoted are those with which this chapter is concerned-the warrant for the constitution of courts. And to these are re- lated the following :
"The Governor is with his Council before Express'd. First. To see that all courts establish'd by the laws of the General Assembly, and all min- 22
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isters and officers, civil and military, do and execute their several duties and offices respectively, according to the laws in force; and to punish them for swerving from the laws, or acting contrary to their trust, as the na- ture of their offences shall require.
"II. According to the constitution of the General Assembly, to nom- inate and commissionate, the several judges, members and officers, of courts, whether magistratical or ministerial and all other civil officers, coroners, &c., and their commissions, powers and authority to revoke at pleasure ; provided, that they appoint none but such as are freeholders in the Province aforesaid, unless the General Assembly consent.
"III. According to the constitution of the General Assembly, to ap- point courts and officers in cases criminal; and to empower them to inflict penalties upon offenders against any of the laws in force in the said Province, as the said laws shall ordain; whether by fine, imprisonment, banishment, corporal punishment, or to the taking away of member or life itself if there be cause for it."
But it does not appear that courts were established under this charter until more than ten years later. As a matter of fact there is no evidence of court establishment in the Province of New Jersey until the creation of that at Newark, in January, 1668, where and when was first set up in Jer- sey territory a court based upon the fundamental principles of English jurisprudence-one composed of presiding magistrates and a trial jury. The event is of historic importance. There was no royal mandate for the creation of this tribunal, nor was there legislative authority-it was in- stituted by the people out of their own innate ideas of justice and of such orderly procedure as would at once safeguard the peace of the community, afford protection to person and property, and insure a fair and impartial hearing to those accused of misdoing, and save them from penalty unless convicted by a sworn jury of their peers. The establishment of this court was public proclamation of those principles of equity which the English speaking race had brought to fullest perfection, and it was an example which found imitation far and wide, marking the beginning of the end of a line of petty judges of a type scarcely less abhorrent to fair- minded men than was Jeffreys himself, who, then polluting the judicial er- mine in the mother country, was, by his excesses in authority, unconsciously aiding in the establishment of a better judicial and political order.
The warrant for the historic Newark court is contained in the follow- ing excerpt from the records of that town :
"Item, the Town hath Agreed that there shall be Tivo Courts in our Town Yearly, to hear and try all Causes and Actions that shall be Neces- sary and desired within our Compass and according to our Articles, and that the same shall pass by the Verdict of a Jury of Six men. And one
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of the Terms is to be the Last Fourth day of the week commonly called Wednesday, in the month of February, and the other is the Second Wednesday of the next following month of September."
The magistrates chosen at this time-the first in the Province to be so chosen, and to preside over a real court of justice created after the English models-were Mr. Crane and Mr. Treat. They were men of the highest character, respected for all Christian virtues, and held in confidence for their services in the interests of the people, among whom they had been leaders, whether in their older homes on the Connecticut, or in the Passaic country to which they had removed. About the same time the Newark court came into being, a similar tribunal was established at Woodbridge, and these examples were soon followed by other communities, as appears by the records of town meetings. From these it would appear that the magistrates were chosen by election, that great care was exercised in choos- ing men of character and position, and that they were regarded with deep respect. Their powers were not definitely prescribed, and it is evident that there was little to engage their attention except the settlement of such minor disputes as were apt to arise in a small community where grave crimes were unknown and where individual rights were generally respected. The fees of magistrates and officers were fixed by vote of the people.
The first legislative assembly of the province was convened in 1668, but at neither of its two sessions was any provision made for the estab- lishment of courts, and this matter received no attention until the second assembly convened seven years later. During all this period the local courts were of the same character as that first established in Newark.
The sudden recapture of the country by the Dutch (July 13th. 1673), brought about little more than a temporary change of sovereignty. True, the "Duke's Laws" were suspended, but the council of Dutch commanders answered a petition of the inhabitants of Elizabethtown, Newark and Piscataway by ordering that "all the inhabitants of those towns shall be granted the same privileges and freedom as will be accorded to native born subjects and Dutch towns," and "the above privileges" were at the verbal request of their deputies granted to the towns of Woodbridge, Shrewsbury and Middletown. But these gracious favors did not include "the privileges obtained from their previous patrons." The Shrewsbury magistrates nominated by their assembly were rejected by Governor Colve as "persons whose religion will not suffer them to take any oath or ad- minister the same to others," and he required other nominations to be made. The conditions were verging on the chaotic, and it was difficult to say what "rights and privileges" should be left to the people, who were not obstinate, however. November 18th, of the same year, was promul-
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gated a code of general laws enacted by the "Schout and Schepens of Ach- ter Kol Assembly," held at Elizabethtown. These laws, on the whole, were mild and unobjectionable, but they cannot be said to have really gone into effect, for within three months the territory of New Nether- land and all connected with it reverted to the English crown, which re- established its authority in the person of Sir Edmund Andros, as deputy Governor under the Duke of York, who immediately promulgated again the "Duke's Laws." His action, however, was of little effect, for events were now moving along rapidly toward the establishment of one of the chief civil institutions by the people themselves, and individual preroga- tive was on the highway toward disappearance.
The first Legislature assembled under authority of the "Grants and Concessions" convened in Elizabeth Town in May, 1668. There are no records extant to convey to us a pen-picture of its members, yet it is not difficult to imagine of what description they were. We of to-day well know many stalwart Jerseymen who a half century ago went to what was then known as a new country beyond the Mississippi. They. were mostly farmers, and a few were fishermen. They were men of fair (some of liberal) education, deeply religious, industrious and economical. They went as home-makers, and when they came together in a community they organized the county and village, and to some of these they gave Jersey names. The regulations which they enacted at once reflected the moral code they had accepted for themselves, and prescribed penalties for such crimes as they knew of-there were none among them whom they deemed capable of flagrant misdoing, but, in the development of society and the thickening of population, the vicious grow up side by side with the vir- tuous, and they sought the future good of their infant community by pro- tecting it against evil which they knew would come to it sooner or later. Of such character and having such purpose as these later emigrants were doubtless those who constituted the first General Assembly of New Jersey, and in such spirit did they enter upon their deliberations and discharge their duties.
Of the six members of the Governor's Council, something is known. Daniel Pierce was said to have been a leader of the Massachusetts emi- grants from Newburyport, and was the founder of Woodbridge. He does not appear to have attended any but the initial meeting of the legislature. Robert Bond, Samuel Edsall and William Pardon figured prominently among the Elizabeth Town settlers. The latter named was a pliant tool of Governor Carteret, who made him member of a court appointed to try citizens charged with riot. He was quarrelsome among the people, and to him is ascribed the destruction of some of the legislative records. The
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foregoing named were presumably Englishmen. Of the remaining two, Nicholas Verlet had been a grantee at Hobuc (Hoboken) in the time of Governor Stuyvesant. The other, Robert Vauquellin (also known as Sieur de Prairie), who was a Surveyor-General, was a Frenchman. He was out of his element among the Elizabeth Town settlers and removed to Wood- bridge. The Secretary of the Council was James Bollen, who was also a Justice. He was a close adherent of Governor Carteret, and made himself so obnoxious to the people of Elizabeth Town that he removed to Wood- bridge.
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