USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 10
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t Grahame's Col. Hist.
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16-2, with full powers of government. To facilitate the exercise of their dominion, they, also, obtained from the King, a royal letter, addressed to the governor, council, and inhabitants of the province, stating, the title of the purchasers to the soil and jurisdiction, and requiring due obedience to their government .*
Among the new proprietaries of East Jersey, was the celebrated Robert Barclay, of Urie, a Scottish gentleman, who had been converted to Quaker- ism, and, in defence of his adopted principles, had published a series of works, which elevated his name, and his cause, in the esteem of all Europe. Admired by scholars and philosophers, for the stretch of his learning, and the strength and subtlety of his understanding, he was endeared to the mem- bers of his religious fraternity, by the liveliness of his zeal, the excellence of his character, and the services which his pen had rendered to them. To the King and the Duke of York, he was recommended, not less by his distin- guished fame, than by the principles of passive obedience, professed by the sect of which he was leader; and with the royal brothers, as well as with some of the most distinguished of their Scottish favourites and ministers, he- maintained a friendly and confidential intercourse. Inexplicable, as to many, such a coalition of uncongenial characters may appear, it seems, at least, as strange a moral phenomenon, to behold Barclay and Penn, the vo- taries of' universal toleration and philanthropy, voluntarily associating, in their labours, for the education and happiness of an infant community, such instruments as Lord Perth, and other abettors of royal tyranny and cccle- siastical persecution, in Scotland.t
II. By the unanimous choice of his colleagues, Robert Barclay was ap- pointed, for life, first governor of East Jersey, under the new proprietary administration, with dispensation from personal residence, and authority to nominate his deputy. The most beneficial event of his presidency, was the emigration of many of his countrymen, the Scotch, to the province ; a mea- sure, effected, it is said, with much difficulty and importunity. For, although the great bulk of the nation was suffering the rigours of tyranny, for their resistance to the establishment of prelacy, they were reluctant to seek relief in exile from their native land. The influence of. Barclay and other Scotch Quakers, however, co-operated with the severities of Lord Perth, and the other royal ministers, to induce many, particularly, from Aberdeen, the governor's native county, to seek this asylum. In order to instruct the Scotch, more generally, of the condition of the colony, and to invite them to remove thither, an historical and statistical account of it was published, with a preliminary treatise, combatting the prevailing objection to expatriation. This work was, probably, composed, in part, by Barclay ; but was ascribed to George Scott, of Pitlochie, and was eminently successful.# As a farther recommendation of the province, to the favour of the Scotch, Barclay, sub- sequently, displaced Lawrie, a Quaker, whom he had appointed deputy, and conferred this office on Lord Neil Campbell, uncle of the Marquis of Argyle, who resided some time in the province as its lieutenant governor.§ The
. Leaming and Spicer's Col. Grahame, vol. ii. p. 351.
t Grahame's Col. Hist. vol. ii. p. 354. See Appendix, L.
: It bore the title of The Model of the Government of the Province of East New Jersey, in America, and contains a minute account of the climate, soil, institutions, and settlements of the province. See Appendix, M.
§ Grahame's Col. Hist. vol. ii. p. 35s. Oldmixon and Smith concur, in relating that Lord Neil Campbell succeeded Barclay as gorernor. But this seems an error of Oldinixon, which Smith has incautiously copied; for, from a document, preserved by Smith himself, (p. 196) Barclay, in 1682, as governor of East Jersey, subscribed an agreement of partition between it and West Jersey.
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more wealthy of the Scotch emigrants, were noted for bringing with them a great number of servants, and in some instances, for transporting whole families of poor labourers, whom they established on their lands, for a term of years, endowing them with competent stock, and receiving in return, one half of the agricultural producc.
The first Deputy Governor, under Barclay, was Thomas Rudvard, an attorney of London, noted for his assistance at the trial of Penn and Mead, who arrived at his government, carly in 1683. He was superseded, how- ever, at the close of the year, by Gawn Lawric, also of London, who had been one of Byllinge's trustees, for West Jersey. The efforts of Rudyard, of Samuel Groome, who was the surveyor of the proprietaries, and of Law- rie, were strenuously directed to create a city, at Amboy Point; a plan for which, the proprietaries had published, with an invitation to adventurers. They laid the ground out in lots, with out-lots, or small farms, appendant to them, put up houses on account of the proprietaries, in order to entice settlers, and proclaimed the advantages of its situation, in England and America. The town at first called Ambo, the Indian name for point, received soon after, the addition of Perth, in honour of the Earl, and was thenccforth known, as Perth Amboy. The endeavours of the proprietaries, in this re- spect, were crowned with very partial success; nor were their equally ear- nest efforts to establish foreign trade with their city, more happy. New York possessed, in her more advantageous position, and greater capital, the means of suppressing all rivalry, to which her governors did not hesitate to add force; scizing, in the very port of Amboy, vessels engaged in foreign trade, carrying them to New York, for adjudication, upon alleged breach of com- mercial regulations.
The new proprietaries do not appear to have deemed any modification of the civil polity of the country necessary. In their description of the pro- vince, they commended the concessions of Berkeley and Carteret, and pro- mised to make such additions to them as might be found necessary. Their administration for several years seems to have been satisfactory to the in- habitants; and with some inconsiderable exception, the discord arising from opposing titles, was stilled.
III. But James II., who had now ascended the throne," had little respect for the engagements of the Duke of York. Nor could his seeming friend- ship for Barclay, nor the influence of the Earl of Perth, and the other cour- tier proprietors, deter him from involving New Jersey in the design he had formed of annulling all the charters and constitutions of the American colo- nies. A real or pretended complaint was preferred to the English court, . against the inhabitants of the Jerseys, for evasion of custom-house duties. The ministers, eagerly seizing this pretext, issued writs of quo warranto, against both East and West Jersey; and directed the Attorney-General to prosecute them with the greatest possible expedition. The reason assigned for this proceeding, was, the necessity of checking the pretended abuses " in a country, which ought to be more dependent upon his majesty." Aroused by this blow, the proprietaries of East Jersey presented a remonstrance to the King; reminding him, that, they had not received their province as a benevolence, but had purchased it, at the price of many thousand pounds, to which they had been encouraged, by his assurances of protection ; that they had already sent thither several hundreds of the people from Scotland: and that, if satisfactory, they would propose to the New Jersey Assembly, to impose the same taxes there, that were paid by the people of New York. They entreated, that if any change should be made in the condition of the
4 On the death of Charles II., 6th February, 1685.
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provinces, it might be, by the union of East and West Jersey, to be ruled by It governor, selected by the King from the proprietaries. But James was inexorable, and gave to their remonstrances no other answer, than that he had resolved to unite the Jerseys, New York, and the New England colo- nis, in one government, dependent upon the crown, and to be administered by Andross. Unable to divert him from his arbitrary purpose, the proprie- taries of East Jersey, not only abandoned the contest, for the privileges of their people, but consented to facilitate the execution of the King's designs, as the price of respect, for their interest in the soil. They made a formal surrender of their patent, which being accepted by the King, the proceed- ings on the quo warranto were stayed, with regard both to East and West Jersey .* Seeing no resistance to his will, the King was less intent on con- summating his acquisition; and while the grant of the soil to the proprieta- ries, which was necessary for this purpose, still remained unexecuted, the completion of the design was abruptly intercepted by the British revo- lution.
IV. Upon the departure of Lord Neil Campbell, from Jersey, after a few months residence only, f Andrew Hamilton, Esq., a respectable Scotch gen- tleman, became Deputy Governor; which office he continued to exercise, until June, 1659, when, by his return to Europe, it was vacated, and so re- nstined, until his second arrival, in August, 1692. During this interval, there appears to have been no regular government in New Jersey. The peace of the country was preserved, and the prosperity of its inhabitants promoted, by their honesty, sobriety, and industry. In the mean time, Robert Barclay died; # having retained the government in chief, during his life. At his death, this power reverted to the proprietaries; who having, by sales and subdivisions of their rights, become too numerous, readily to ex- press their will, some delay occurred in filling the vacancy. In March, 1692, Andrew Hamilton, received the commission of Governor-in-chief; which, the proprietaries were, nevertheless, compelled, very reluctantly, to revoke in March, 1697, in consequence of a late act of parliament, disabling all Scotchmen, from serving in places of public trust and profit, and obliging all colonial proprietors to present their respective governors to the King, for his approbation. In his place, they appointed Jeremiah Basse, who arrived in the province, in May, 1698; but, who, though instructed by the ministers of the King, had not the royal approbation in the form prescribed, nor it seems, the voice of a majority of the proprietaries. These circum- stances, added to the hostility borne to the proprietary government, by such of' the settlers, as held their lands by adverse title, occasioned disobedience to his authority ; to enforce which, he imprisoned some of the most turbulent malcontents. This energetic measure served but to increase the public dis- satisfaction ; to allay which, Colonel Hamilton was reappointed, notwithstand- ing the statute, which was now construed, not to extend to the provinces, and without the royal sanction. A new pretence for disobedience was thus afforded, which was immediately seized; and a petition and remon- strance was sent, by the disaffected, to the King, complaining of their griev- ances, and praying redress. This document betrayed the source of these commotions to be the claims of the proprietors to the exclusive possession of the sod under the Duke of York's grants, their demand of quit-rents, and repudiation of the title alleged to have been derived from Indian grants and the approbation of Colonel Nicholls. The petitioners close their remon-
1 . April, 16-8. Smith, App. 558, &c. Grahame's Col. Ilist.
! From 10th Oct. 1686, to March, 1687. MSS. Records, Secretary's Office, Amboy. Smith's Hist. App. 558.
: 3d October, 1690
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strance, with a prayer, that if the rights of government be in the proprieta- ries, his Majesty would compel them to commission for governor, some one qualified by law, who, as an indifferent judge, might decide the controver- sies, between the proprietaries and the inhabitants .*
. V. To these causes of uneasiness, another was at this period superadded, af- fecting alike, the proprietaries and the people, in the renewed assumption by New York, of supremacy over New Jersey, manifested in an attempt to levy taxes by law upon that province. This effort, though encouraged by King William, was as unsuccessful as those which had preceded it. The Crown lawyers, to whom the complaint of the Jersey proprietors was referred, re- ported, that no customs could be imposed on the Jerseys, otherwise, than by Act of Parliament, or their own assemblies.t
VI. At length, the proprietaries of East and West Jersey, embarrassed by their own numbers, and by the searching and critical spirit of their people, finding that their seignoral functions tended only to disturb the peace of their territories, and to obstruct their own emoluments from the soil, hearkened to an overture from the English ministers, for the surrender of their gubernatorial power to the Crown. They were further induced to this measure, by the de- sire to avoid a tedious and expensive lawsuit, with which they were threatened: the Lords of Trade having resolved to controvert their rights of Government by a trial at law, in which they would probably have taken the broad ground, that the King was not competent to subdivide and alienate the sovereign power. The determination of the Lords on this head had prevented the con- firmation of the appointment of Col. Hamilton to the office of Governor of East and West Jersey, respectively, and such was the confusion in the pro- vinces, consequent upon this rejection, that many of the proprietaries, whilst professing their readiness to surrender the government upon such terms and conditions as were requisite for the preservation of their properties and civil interests, earnestly prayed that Col. Hamilton might be approved, until the surrender could be effected .¿ But, whilst they seemed to make this approba- tion almost a condition of their surrender, other proprietaries refused to join in the petition to that effect, though expressing their readiness to yield the government. Under these circumstances, the Lords of Trade, upon consi- deration, that, the disorders into which the province had fallen were so great, that, the public peace and administration of justice was interrupted and violated, and that no due provision could be made for the public defence, recommend- ed that his Majesty should appoint a Governor by his immediate commission, with such instructions as might be necessary, for the establishment of a regular constitution of government, by a Governor, Council, and General, Assembly, and other officers; for securing to the proprietors and inhabit- ants, their properties, and civil rights; and for preventing the interference of the Colony with the interests of his Majesty's other plantations, as the pro- prietary governments in America had generally done.
VII. The proprietaries were desirous to annex special conditions to their surrender, which they inserted in several memorials. It was finally, however, made, absolutely and unrestricted, by all parties interested in both provinces. before the privy council, on the 17th of April, 1702: and Queen Anne pro- ceeded forthwith to reunite East and West Jersey into one province, and to commit its government, as well as that of New York, to her kinsman Edward Hyde, Lord Cornbury, grandson of the chancellor, Earl of Clarendon. The commission and instructions which this nobleman received, formed the con-
* Smith's Hist. App. 560. t Grahame's Col. Hist. vol. ii. p. 361.
{ Smith's N. J. App. No. 12, 13, 14.
T
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stitution and government of the province, until its declaration of independence. The confidence of the proprietaries in the crown, exemplified by the uncon- ditional surrender, was not misplaced. The greater part of the provisions they were desirous to obtain, were inserted in the instructions, which were sub- mitted to, and approved by, them, before confirmation in council. Indeed, so much regard was paid to their wishes, that they might have nominated the first governor, could they have united on any individual. All the measures preparatory to the surrender, had been completed prior to the death of King William,* but were not perfected until nearly a year after that monarch's death, by his successor Anne.
The new government was composed of the governor, and twelve coun- sellors, nominated by the crown, and an Assembly, of twenty-four mem- bers, to be elected by the people, for an indefinite term, whose sessions were to be holden, alternately, at Perth Amboy, and Burlington.} Five, or in case of necessity, three members of council made a quorum; and they pos- sessed the right to debate and vote on all subjects of public concern brought be- fore them. Their number was neither to be augmented nor diminished, nor any member to be suspended, without sufficient cause, when report was to be made to the commissioners of trade and plantations. The Assembly was constituted of two members from Amboy, two from Burlington, two from Salem, and two from each of the nine counties, into which the whole province was then di- vided .¿ No person was eligible to the Assembly, who did not possess a free- hold in one thousand acres of land, within the division for which he was chosen, or personal estate to the value of five hundred pounds sterling; and the qualification of an elector was a freehold estate in one hundred acres of land, or personal estate to the value of fifty pounds sterling. The house was to be convened by the governor from time to time, as occasion might require, and to be prorogued, or dissolved at his pleasure. The laws enacted by the council and Assembly were subject to the negative of the governor; and when passed by him, were to be immediately transmitted to England, for confirma- tion or disallowance by the crown. The governor was empowered to suspend members of council from their functions, and to fill vacancies occurring by death; and with consent of this body, to constitute courts of law, but not other than those established, except by royal order ; to appoint all civil and military , officers, and to employ the forces of the province in hostilities against public enemies: He was commanded to communicate to the Assembly, the royal desire, that, they would provide means, for a competent salary to the governor, to themselves, to the members of councils, and for defraying all other pro- vincial expenses: He was empowered, with advice and consent of council, to regulate salaries and fees of officers, and such as were payable on ener- gencies: Ile was directed to have especial care, that God Almighty be de- voutly and duly served, the book of common-prayer, as by law established, read each Sunday and holiday, and the sacrament administered, according to the rights of the church of England; that churches already built, should be well and orderly kept; that more should be built, as the colony improved, and that beside, a competent maintenance to be assigned to the minister of each orthodox church, a convenient house should be built at the common charge, for each minister, and a competent proportion of land, granted him for a glebe, and exercise of his industry ; and that the parishes be so limited, as should be most convenient for the accomplishment of this good work : He was to per- mit liberty of conscience to all persons (except papists), so they be contented
* March 8, 1701. t See note N.
$ Bergen, Essex, Somerset, Middlesex, Monmouth, Burlington, Gloucester, Salem, Capo May.
עומרחק?
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with a quiet and peaceable enjoyment thereof, not giving offence or scandal to the government : and he was vested with the right of presentation to all ecclesiastical benefices.
If, on the death or absence of the governor, there were no lieutenant go- vernor commissioned, the eldest counsellor, nominated by the crown, exer- cised his powers.
. Quakers were declared to be eligible to every office, and their affirmation accepted in lieu of oaths.
Due encouragement was directed to be given to merchants, and, particu- larly, to the Royal African Company, in England, lately established for pro- . secuting the accursed slave trade, and special care to be taken that they were duly paid for the negroes they should import and vend in the province. Laws were also to be enacted, protecting the slave against inhuman severity, promoting his conversion to Christianity, and punishing his wilful murder, by death.
From the courts of the province, where the value in controversy exceeded one hundred pounds, an appeal lay to the governor in council, excluding such members as might have, previously, sat upon the cause; and where the value exceeded two hundred pounds, the cause might be carried before the privy council in England. And,
Predicating, that great inconveniences might arise by the liberty of print- ing in the province; no printing press was permitted, nor any book or other matter allowed to be printed, without the license of the governor.
The former proprietaries were confirmed in their rights to the soil and quit-rents, as they had enjoyed them before the surrender, with power to appoint their surveyors, and the exclusive right to purchase lands from the Indians.
The constitution thus framed, gave to New Jersey, a polity similar to that of other royal governments in America; but it fell far short of the uncontrolled political freedom enjoyed under the proprietary concessions. The great and essential principle of political happiness, the popular will, was deprived of its energy, and circumscribed in its action, by the subjugation of the Assembly, in the times of its convention and duration of its sessions, to the pleasure of the governor; and by the double veto of him and the crown upon the laws. The means were thus created, not only of marring the most beneficial measures, when conflicting with the partial interests of the prince or his deputy; but when such measures were indifferent to them, of selling their approbation for selfish considerations. When these consequences of the surrender were felt, and they were not long delayed, the proprietaries and . people contended by an ingenious, but alas! by a fallacious reasoning, that, they had reserved, and by the nature of things were entitled to, the privi- leges of their first and palmy state. Among these privileges, they enume- rated, absolute religious freedom; exemption from every species of imposi- tion, not levied by their Assemblies; the establishment of the judiciary by the governor, council, and Assembly : exemption from military duty of those conscientiously serpulous against bearing arms; the solemmization of mar- riage, as of other contracts, in presence of disinterested witnesses merely ; the determination of all causes, civil and criminal, by jury, and in criminal cases, the right of peremptory challenge, to the number of thirty-five; and the right of the Assembly alone, to enact laws, provided, they were agreea- ble to the fimdamental laws of England, and not repugnant to the conces- sions. Some of these claims were so entirely incompatible with the right of government, as understood by the crown, that we cannot be surprised that they were disregarded.
VIII. The attractions which the neighbouring province of Pennsylvania,
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presented to the English Quakers, and the cessation, which the British revo- lution produced, of the severities that had driven so many Protestant dis- senter from both England and Scotland, undoubtedly, prevented the popula- tion of New Jersey from advancing with the rapidity which its increase, at one period, seemed to promise. Yet, at the close of the seventeenth century, the province is said to have contained twenty thousand inhabitants, of whom, twelve thousand belonged to East, and eight thousand to West, Jersey .* It is more probable, however, that the total population did not exceed fifteen thousand; the great bulk of whom, were Quakers, Presbyterians, and Ana- baptists. There were two Church of England ministers in the province, but their followers were not sufficiently numerous and wealthy to provide them with churches. The militia, at this period, amounted to fourteen hundred men. This province, like several others of the continental colonies, witnessed a long subsistence of varieties of national character among its inhabitants. Patriotic attachment and mutual convenience, had, generally, induced the emigrants, from different countries, to settle in distinct bodies, whence their peculiar national manners and customs were preserved. The Swedes appear to have been less tenacious of these, than the Dutch, and to have copied, very early, the manners of the English. The distinction arising too, from the separation of the province into governments and two proprietaryships, was long continued, and is now scarce wholly obliterated. Yet, the inhabi- tants of the eastern and western territories, were strongly assimilated by the habits of industry and frugality, common to the Dutch, the Scotch, the emi- grants from New England, and the Quakers; and the prevalence of these habits, doubtlessly, contributed to maintain tranquillity and harmony among the several races, which were alike distinguished by the steadiness and ardour of their attachment to those liberal principles which had been incor- porated with the foundations of political society in the province. Negro slavery was, unhappily, established in New Jersey, though, at what precise period, or by what class of planters it was introduced, cannot now be ascer- tained. In spite of the royal patronage which this baneful system received, it did not become inextricably rooted. Yet the Quakers, here, as in Penn- sylvania, became proprietors of slaves; but they always treated them with humanity; and so early as the year 1696, the Quakers of New Jersey, united with their"brethren, in Pennsylvania, in recommending to their own sect, to desist from the employment, or at least from the further importation of slaves.f
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