USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 5
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At an extraordinary meeting of the commissioners, in 1649, the court of New Haven, proposed the speedy planting of Delaware Bay. But this, as a general measure, was deemed inexpedient, and the New Haven merchants were left to improve or sell their lands as they should see cause. The treat- ment of these merchants, by the Dutch, formed part of the grievances sub- mitted to the delegates appointed by Stuyvesant, and the United Colonies, in 1650; when the latter claimed a right to the Delaware under their patents, as well as by purchase from the Indians. These delegates, from want of suffi- cient light to determine the question, concluded to leave both parties at liber- ty to improve their interests upon that river.
Encouraged by this declaration, the inhabitants of New Haven and its vicinity, in the following year, fitted out a vessel with fifty adventurers, who proposed to establish themselves on the disputed lands. They put into New York; and the object of their voyage being made known, Stuyvesant, who was wanting, neither in ability, nor resolution, immediately seized the vessel, her papers, and crew, and extorted a promise from the last, to return to their homes ; which they more readily gave as the Dutch governor threat- ened, that he would send to Holland, any of them whom he should find on the Delaware, and would resist their encroachments, in that quarter, even unto blood.
But, the colony of New Haven, with its characteristic pertinacity, was not disposed thus to abandon her pretensions. She brought the subject again before the commissioners of the United Colonies, in 1654, who addressed a missive to Stuyvesant, in which, the rights alleged by the Dutch, are very summarily disposed of, as " their own mistake, or at least, the error of them that informed them;" whilst, the claims of the people of New Haven, appeared " so clear, that they could not but assert their just title to their lands, and de- sire that they might peaceably enjoy the same." No effect was produced by this letter, and the colony of New Haven would have resorted to hostilities, could she have been assured of the protection of her sisters. But, they were wat to her appeals, and the Plymouth colony shortly replied, " that they did not think it meet, to answer their desire in that behalf, and that they would have no hand in any such controversy." Thus deprived of all hope of effectual as- sistance, from their neighbours, the traders of New Haven were compelled to rinain at prace. The country was soon after granted to the Duke of York, and their claims were too feebly sustained by justice, to brave the Duke's power.
But this, with other causes of dispute, had implanted in the colonists of New England. such animosity against their Dutch neighbours, that, in 1653, they formed the design to drive them from the continent, and applied to Oliver Cromwell for assistance. He, being then engaged in the two years' war with Holland, which the Parliament had commenced, promptly acceded to their request, by despatching a squadron to aid the colonial troops. The design was, however, arrested, by intelligence of the peace that had been concluded between the Protector and the States-General .* And it is remark-
. Oldmixon i. 119. Chalmers 574. Trumbull i. 168. Hazard's Col. vol. ii. Gra- hames' Col. Hist. of North America.
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able, that the treaty has no direct reference to the possessions of either party in North America; but, stipulating for the restoration of peace, between the dominions of the two countries in every part of the world, and the English expedition being countermanded thereon, the validity of the Dutch claim to the country, it is supposed, was manifestly implied and practically acknow- ledged .* Yet, the New England men, succeeded in impressing different views upon Richard Cromwell; who, during his short protectorate, ad- dressed instructions to his commanders, for the invasion of New Nether- lands, and directed the concurrence of the forces of the English colonial governments, in the enterprise ; but the subversion of his ephemeral power, prevented the execution of his orders.t
Charles II., however, from enmity to the States-General, certainly not from love of his transatlantic subjects, entered into their designs. His senti- ments were enforced by the interest of the Duke of York, who had placed himself at the head of a new African company, with the view of extending and appropriating the slave trade, and which found its commerce impeded by the more successful traffic of the Dutch. Like the other courtiers, the Duke had cast his eyes, on the American territorities, which his brother was about to distribute with a liberal hand; and to other reasons, which he employed to promote a rupture with the Dutch, he solicited a grant of their North American possessions, on the prevailing plea, that they had been ori- ginally usurped from the territory, properly belonging to Britain.# The in- fluence of these motives on the mind of the King, may have been aided by the desire to strike a blow that would enforce the arbitrary commission, he was preparing to send to New England, and to teach the Puritan colonists there, that he had power to subdue his enemies in America.
XXIII. Charles having failed in repeated attempts to provoke the resent- ment of the States-General, resolved to embrace the suggestion of his right to the province of New Netherlands. In pursuance of this purpose, a royal charter, dated 20th March, 1661, was executed in favour of the Duke of York, containing a grant of the whole region, extending from the western bank of the Connecticut river, to the eastern shore of the Delaware, together with the adjacency of Long Island, and conferring on his royal highness, all the powers of government, civil and military, within these ample boundaries. This grant disregarded alike, the possession of the Dutch and the recent charter of Connecticut, which, from ignorance or carelessness in the defini- tion of boundaries, it wholly, but tacitly superseded.
As soon as the Duke had obtained this grant, and before investiture, he proceeded to exercise his proprietary powers in their fullest extent, by con- . veying to Lord Berkeley and Sir George Carteret, all that portion of the ter- ritory, which forms the present state of New Jersey. A military force, however, had been prepared to compel possession; and with some secrecy too, although this was scarce necessary, since the Dutch, so far from appre- hending an attack. had, but a few months before, sent to their colony, a vessel laden with planters and the implements of husbandry.
XXIV. The command of the English troops in the expedition, and the government of the province against which it was directed, were given to Colonel Nicholls, who had studied the art of war under Marshal Turenne, and who, with George Cartwright, Sir Robert Carr, and Samuel Maverick, also, had a commission to visit the colonies of New England, and investigate
* Oldmixon i. 119. Chalmers 574. Trumbull i. 168. Hazard's Col. vol. ii. Gra- hame's Col. History of North America.
t Ib. ib. Thurloe's Collec. i. 221.
# Sir J. Dalrymple's Mem. ii. 4. Hume's England. Chalmers. Grahame, vol. ii. 214.
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and determine, according to their discretion, all disputes and controver- aje within the various colonial jurisdictions. After touching at Boston, where an armed force was ordered to be raised and sent, to join the expedi- tion, the thet proceeded to the Hudson river, and anchored before the capital of New Netherlands. The requisition from Boston was so tardily obeyed, they the enterprise was over, before the Massachusetts troops were ready to march; but governor Winthrop of Connecticut, with several of the principal inhabitants of that province, immediately joined the King's standard .*
The armament, consisting of three ships, with one hundred and thirty guns and six hundred men, was too formidable to be resisted by a petty town, hastily and poorly fortified, and manned by peaceful burghers, or were plodding planters. Yet the spirited governor was exceeding loth to surrender without, at least, having attempted its defence; although the favour- able terms offered to the inhabitants disposed them to immediate capitulation. After a few days of fruitless negotiation, during which, Stuyvesant pleaded, in vain, the justice of the title of the States-General, and the peace existing ktween them and the English nation, the province was surrendered upon the most honourable terms to the vanquished, who preserved their arms, am- munition, and public stores, with leave to transport them, within twelve months, to Holland: the inhabitants were free to sell their estates and return to Europe, or retain them and reside in the province; such as remained, were to enjoy their ancient laws relative to the descent of property, liberty of conscience in divine worship, and church order, and perpetual exemption from military service ; and what was yet more extraordinary, all Dutchmen continuing in the province, or afterwards resorting to it, were allowed free trade with Holland;t but this privilege being repugnant to the navigation act, was soon afterwards revoked. Notwithstanding these very advantageous condi- tions, the mortified commandant could not be brought to ratify them. for two days, after they had been signed by the commissioners.# Immediately after- wards, Fort Orange also surrendered. In honour of the Duke, the city of New Amsterdam received the name of New York, afterwards extended to the province, and Fort Orange, that of Albany. The greater part of the inhabi- tants submitted, cheerfully, to the new government ; and governor Stuyvesant retained his property and closed his life, in his beloved city.
XXV. Sir Robert Carr, with two frigates, and the troops not required at New York, was sent to compel the submission of the colony on the Delaware; which he effected with the expenditure of two barrels of powder and twenty shot. By articles of agreement, signed Garret Saunders, Vautiell, Hans !! . k, Lucas Peterson, and Henry Cousturier, it was stipulated, "that the largeses and planters submitting themselves to his Majesty, should be pro- trol in person and estate; that, the present magistrates should contime in offre: that permission should be given to depart the country, within six months, to any one; that all should enjoy liberty of conscience in church discipline, as formerly; and that any person taking the oath of allegiance, should become a free denizen, and enjoy the privilege of trade in his Ma- y sy's dominions, as freely as any Englishman."§ From this separate con- verifion, it would seem, that the capitulation of New York was not deemed conclusive upon the Delaware settlements; whose affairs were henceforth conducted, until 1668, by their ancient magistrates, under the supervision of Captain John Carr, aided by a council consisting of Hans Block, Israel Holmne, Peter Rambo, Peter Cock, and Peter Aldrick, from whom an appeal lay to the governor and council of New York.||
16
* Trumbull i. 266. Smith's N. J. Grahame's Col. Hist.
# August 27, 1664. § Ist October. || New York Records.
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XXVI. Thus, by an act of flagrant injustice and tyranical usurpation, was overthrown the Dutch dominion in North America, after it had subsist- ed for more than half a century. The actual condition of their possessions was depreciated by Col. Nichols, in his letters to the Duke, from the humane view, it is supposed, of deterring his master from burdening or irritating the people, by fiscal impositions. Early travellers and writers unite in describ- ing the Dutch colonial metropolis, so admirably chosen, as a handsome well built town; and Josselyn declares that the meanest house in it, was worth £100 .* Indeed, the various provisions introduced into the articles of sur- render, to preserve the comforts of the inhabitants, attest the orderly condition and plentiful estate they had acquired, and explain the causes of their unwar- like spirit. If their manners corresponded with those of their countrymen in the parent state, they were probably superior to those of their conquerors. Of the colonists, who had latterly resorted to the province, some had enjoyed affluence and respectability in Holland, and had imported with them. and dis- played in their houses, costly services of family plate, and well selected pro- ductions of the Dutch school of painting .; No account has been preserved of the total population of the province and its dependencies; but the metro- polis, at this time, is said to have contained about 3000 persons, of whom, one half returned to Holland. Their habitations, however, were soon occu- pied by emigrants, partly from Britain, but chiefly from New England. Upon the North river, throughout the present county of Bergen, Dutch set- tlers were numerous, and both shores of the Delaware were studded with plantations of Dutch and Swedes. Three Dutch families were settled at Lazy Point, opposite Mattinicunk Island, the site of Burlington, and four years later, one Peter Jegow, in 1665, (such was the intercourse between the two rivers) received license for, and kept a house of entertainment, for accommodation of passengers, travellers, and strangers, on this point of the Delaware.
The capture of New York and its dependencies, led to an European war, between Great Britain and Holland, ending in the treaty of Breda, of July, 1667. Happily, for the prosperity of the colony, which Nicholls, with the aid of the other English provinces, would have defended to the last extremity, neither the States-General, nor the Dutch West India Company, made any attempt to possess themselves of New York during this war; and at the peace, it was ceded to England, in exchange for her colony of Surinam, which had been conquered by the Dutch. This exchange was no otherwise expressed, than by a general stipulation in the treaty, that each nation should retain what it had acquired by arms, since the commencement of hostilities. . The Dutch had no reason to regret this result, since they could not long have preserved New York against the increasing strength and rivalry of the inha- bitants of New England, Maryland, and Virginia.§
Colonel Nicholls governed the province, for nearly three years, with great justice and good sense. He settled the boundaries with Connecticut ; which, yielding all clain to Long Island, obtained great advantages on the main, pushing its line to Mamoroncek river, about thirty miles from New York- prescribed the mode of purchasing lands from the Indians, making the con- sent of the governor, and public registry, requisite to the validity of all con- tracts with them for the soil-and incorporated the city of New York, under a mayor, five aldermen, and a sheriff; and although he reserved to himself all judicial authority, his administration was so wise and impartial, that it enforced universal praise.
* Josselyn's Second Voyage, p. 154. Oldmixon i. 119.
t Grant's Memoirs of an American Lady, &c. vol. i. p. 11. Grahame's Col. Hist.
vol. ii. 225. # Elizabethtown Bill in Chancery. New Jersey Records.
§ Grahame's Col. Hist. vol. ii 231.
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CHAPTER II.
Comprising Events from the Grant to the Duke of York, to the Division of the Colony, into East and West, Jersey. I. Nature of the Estate acquired by the Duke of York, by the Grant from Charles I .- II. Motives and Nature of the Grant from the Duke of York, to Berkeley and Carteret .- III. Bounds of the Country ceded .- IV. Proceedings of the Proprietaries, to settle their Pro- vince of New Jersey, &c .- their " Concessions."-V. Remarks on the Constitu- tion .- VI. Assumption of Government by Colonel Nicholls-Indian Grants .- VII. Philip Carteret appointed Governor-His Efforts for Colonization-Ad- vantages enjoyed by the New Colonists .- VIII. Unhappy Effects of the De- mand of Proprietary Quit Rents .- IX. Recapture of New Netherlands by Holland -- and Restoration to the English .- X. Re-grant of the Province to the Duke -- Re-grant to Berkeley and Carteret .- XI. Return of Philip Carteret to the Government-Modification of the Constitution .- XII. Oppressive Conduct of Andross, Governor of New York .- XIII. Division of the Province into East and West Jersey.
1. We have seen, in the preceding Chapter, that James, Duke of York, even before he had obtained seizin of his newly granted fief, had conveyed a considerable portion of it to Lord Berkeley and Sir George Carteret. The charter to the duke, though less ample in its endowments than those previ- ously granted to the proprietaries of Maryland and Carolina, resembled them by conferring the powers of government on the grantee and his assigns. And thus, even with the light which had been stricken forth by the extraor- dimiry political concussions of the passing century, the allegiance and obe- dience of freemen, were made transferable as if they were serfs attached to the soll. Nor was this proprietary right merely potential .- Instances in the his- tory of the Carolinas, New Jersey, and Pennsylvania, demonstrate, that the pro- prietaries regarded their functions less as a trust, than as an absolute property ; subject to every act of ownership, and in particular, to mortgage and aliena- tion. It was not until after the British revolution of 1688, that the legality of this power was disputed; when the ministers of William III. maintained its repugnance to the laws of England, which recognised (an absurdity not Is) a hereditary, but not a commercial transmission of office and power. The point was never determined by any formal adjudication; but, the evil in process of time, produced its own remedy. The succession and multipli- umton of proprietaries became so inconvenient to themselves, that, they found relief, in surrendering their functions to the crown. In Carolina and New Jersey the exercise of the right of assignation, materially, contributed to shorten the duration of the proprietary government .*
11. Berkeley and Carteret were already proprietaries of Carolina. Not satisfied with this ample investiture, nor yet certified by experience, of the tardy returns from colonial possessions, they had been induced, by the re- presentations of a projector acquainted with the domain assigned to the Duke of York, to believe, that a particular portion of it would form a valuable acquisition to themselves. This person, we are assured by Colonel Nicholls, had been an unsuccessful applicant for the patent which the Duke had ob- tained, and revenged his disappointment by instigating these courtiers to
* Grahame's Col. Hist. vol. i. 315.
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strip him of a most desirable portion of his territory .* But the claims which the grantees of the duke had upon the royal family, together with the political motives of colonization, may have been sufficient reasons for the grant of a newly acquired, and almost unexplored wilderness in America; and we in- cline to the opinion, which we think is confirmed by the promptitude with which it was made, after the title of the Duke had accrued, that, the transfer to Berkeley and Carteret was an understood consideration of the grant to the Duke. Both were favoured courtiers ;- Berkeley was of the Privy Council, and Carteret, Treasurer of the Navy, and Vice Chamberlain of the royal household.t
III. The cession from the Duke was made by deeds of lease and release, dated, respectively, 23d and 24th June, 1664, and conveyed to the grantees, their heirs and assigns, in consideration of a competent sum, "That tract of " land adjacent to New England, lying westward of Long Island, and Man- " hattan Island ; and bounded on the cast, part by the main sea, and part by " Hudson's river; and hath upon the west, Delaware Bay, or river; and " extendeth southward to the main ocean, as far as Cape May, at the mouth of " Delaware Bay; and to the northward as far as the northernmost branch of " the said bay, or river Delaware, which is in 41º 40' of latitude; and " crosses over, thence, in a straight line, to Hudson's river, in 41 degrees of " latitude ; which said traet of land is hereafter to be called Nova Cesaria, " or New Jersey." The name was given in compliment to Carteret, who had defended the island of Jersey against the long Parliament, in the civil war. But the powers of goverment, which had been expressly granted to the Duke, were not in terins conveyed, though it would seem, that both parties deemed them to have passed by the grant.
IV. The first care of the proprietaries was to invite inhabitants to their province; and their exertions for this purpose, though pursued with more eagerness than perseverance, were marked by political sagacity, and held forth those assurances of civil and religious rights which had proven so at- tractive in New England. They prepared a constitution which they pub- lished under the title of " The concessions and agreement of the Lords Pro- prietors of New Jersey, to and with all and every of the adventurers, and all such as shall settle and plant there."# We deem it our duty to give much in detail, the provisions of this instrument ; since from it, have sprung, many of the existing institutions of the state.
It provided; 1. That the governor of the province should have power, when occasion required, to appoint a substitute, and to nominate a council, in number, not less than six, nor more than twelve, by whose advice he should govern :- 2. That the proprietaries or governor should nominate a secretary or register, to record all public affairs, and all grants or leases for more than one year, of land, from the proprietor, or from man to man; the execution of which, should be acknowledged before the governor or a judge; and giving to such recorded grants, preference to other conveyances :- 3. That
* The name of this individual was Sent. Whether it was he, or another with the same name, who afterwards published an account of East New Jersey, we are uncer- tain. Colonel Nichols arquite Berkeley and Carteret of a design to defrand the Duke. But Carteret did not always enjoy an uaspotted reputation. In 1600 he was expelled the House of Commons for confused accounts as chamberlain .- Grahame's Col. Hist. Smith's New Jersey.
t Clarendon.
* The date of this instrument, as given in Scot's model of the province of East New Jersey, in South's History of New Jersey, and in Leaming and Spicer's Collec- tion of State Papers, is 10th February, 1604. This date precedes not only that of the grant to Berkeley and Carteret, but, also, that of the grant to the Duke of York. The date is, therefore, erroneous, unless we suppose the instrument was prepared before the charter from the king
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a surveyor-general, appointed in the same manner as the secretary, should survey the lands granted by the proprietary, and those of individuals when requested ; certifying the same for record, to the register :- - 4. That all otheers should swear (and record their oaths) to bear allegiance to the King, to be faithful to the proprietaries, and duly to discharge their respective trusts; persons subscribing a declaration to like effect without oath, being subject to the same punishment, as if they had sworn and broken their oaths :-- 5. That all subjects of the King of England, swearing allegiance to the King and faithfulness to the Lords, might become freemen of the pro- vince :- 6. That no person so qualified, should, at any time, be in any way molested, punished, disquieted, or called in question for any difference in opinion or practice, in matters of religious concernment, who do not actually disturb the civil peace of the said province; but that all persons may freely and fully have and enjoy his and their judgments and consciences in matters of religion, they behaving themselves peaceably and quietly, and not using this liberty to licentiousness, nor to the civil injury or outward disturbance of others; any law, statute, or clause contained, or to be contained, usage or custom of the realm of England, to the contrary thereof, in anywise not- withstanding :- 7. As a restraint upon the right of advowson, claimed by the proprietaries, under their grant, that the Assembly should have power to constitute and appoint such and so many ministers or preachers as they shall think fit, and to establish their maintenance, giving liberty beside, to any person or persons to keep and maintain what preachers or ministers they please.
The concessions further provided-8. That, the inhabitants being free- men, or chief agents to others, should immediately choose twelve repre- sentatives, to unite with the governor and council in making laws; but, so soon as the proper territorial divisions should be made, that the inhabitants or freholders thereof, respectively, should, annually, elect representatives who, with the governor and council, should form the General Assembly of the province; the governor or his deputy being present, unless he refused, when the Assembly might appoint a president. The Assembly was to have power to meet and adjourn at pleasure, and to fix their quorum at not less than one- third of their number : to enact all necessary laws, as near as may be, con- weniently agreeable to the laws and customs of England, and not against the interest of the Lords Proprietors, nor against these concessions, and particularly, not repugnant to the article for liberty of conscience; such laws to be in force for one year, unless contradicted by the Lords Proprie- br>: within which time to be presented to them for ratification, and being confinned, to remain in force until expired by their own limitation, or be mymaled: to constitute courts, and all that shall pertain to them: to levy tavo on goods or lands, except such of the latter as were unsettled, belong- ing to the Lords Proprietors: to erect manors, with their courts and juris- debons, and to divide the province into such districts as they might think proper: to create ports, and harbours; build castles, incorporate cities, towns, and boroughs; create a military force; naturalize foreigners ; and prescribe the quantity of land to be allotted, from time to time, to every head, fre of servant, within the proportions granted by the " concessions:" to prowok for the maintenance and support of the governor, the necessary charges of government, and the collection of the Lords' rents; and lastly, to enact all such other laws, as may be necessary for the prosperity and settlement of the province, conforming to the limitations expressed in the " concessions."
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