USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 7
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I. Soon after the restoration of Charles II., the Quakers became objects of suspicion and dread, to his government, from a mistaken supposition, that, like the Fifth Monarchy men, or Millenarians, they held themselves entitled to overthrow, even by force, every temporal authority, which ob- structed the advent of their cherished spiritual dominion. This suspicion was increased by the insurrection of the Millenarians, in the first year of the restored monarchy; and the refusal of the Quakers to give assurance of fidelity to the king, by taking the oath of allegiance. In consequence of this error, they were assailed with a rigour and reality of persecution, which hitherto they had never experienced, in England. They were, first, in- cluded with the Millenarians, in a royal proclamation, forbidding either, to assemble under pretence of worship, elsewhere, than in the parochial church- es; but were soon afterwards, distinguished by the provisions of an act of parliament, that applied exclusively to themselves .* This statute enacted, that all Quakers refusing to take the oath of allegiance, and assembling to the number of five persons, above sixteen years of age, should, for the first and second offences, incur the penalty of fine, and imprisonment; and for . the third, should either abjure the realm, or be transported beyond it. Nay, so cordial was the dislike entertained by the court, . against them, that, in- stead of using their complaints as cause of quarrel, with the obnoxious pro- vince of Massachusetts, the enmity in this province against the Quakers, was sustained: and the authorities there, were invited to a repetition of the severities, which had been, at one time. prohibited. " We cannot be under-
. stood," said the king's letter of 1662, after urging general toleration, " hereby, to direct or wish, that any indulgence should be granted to Quakers, whose principles, being inconsistent with any kind of government, we have found it necessary, with the advice of our parliament here, to make a sharp law against them; and are well content, that you do the like, there."
These unfavourable and erroneous sentiments, it is true, were shortly after exchanged by the king, for a more just estimate of Quaker principles. But, the alteration in his sentiments, produced no relaxation of the legal
Grahame's Col. Hist. vol. ii. p. 332.
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wverities to which the Quakers were subjected; and was attended with no other consequence, than a familiar and apparently confidential intercourse, lettera him, and some of their more eminent leaders, together with many expressions of regard and good will, on his part, which he was unwilling or unable to substantiate. In the persecution, now commenced against all classes of dissenters, the Quakers were exposed to a more than equal share of severity, from the unbending zeal, with which they refused to conform, even in appearance, to any one of the obnoxious requisitions, and the eager- ness with which they seized every opportunity of manifesting their forbidden practices, and signifying their peculiar gifts of patient suffering, and untiring perseverance. In every part of England, they were harassed with fine and imprisonment, and great numbers were transported to Barbadoes, and to the American settlements ;* where, they formed a valuable addition to the English population, and quickly discovered, that their persecutors, in expell- ing them from their native land, had, unconsciously, contributed to ame- liorate their condition. Instead of the wild enthusiasts who had rushed with headlong zeal to New England, in quest of persecution, there was now introduced into America, a numerous body, of wiser and milder, professors of Quakerism, whose views were confined to the enjoyment of that liberty of worship, for the sake of which, they had been driven into exile.
In several of the American provinces, as in the island of Barbadoes, they experienced full toleration, and friendly reception from the governments, und inhabitants; and, even in those provinces, where they were still objects of suspicion and severity, they rendered their principles less unpopular, by demonstrating with what useful industry, and peaceful virtue, they might be combined. Contented with the toleration of their worship, and diligently improving the advantages of their new lot, many of the exiles obtained, in a few years, to plentiful and prosperous estates: and so willing were they to reconcile their tenets, with existing institutions of the countries, in which they were established, that they united in the purchase and employment of negro slaves. Perhaps, the deceitfulness of the human heart, was never more strikingly exhibited, than in this monstrous association of the charac- ters of exiles, for conscience sake, and the principles of universal peace and philanthropy, with the condition of slave owners and the exercise of arbi- 'trary power. - Yet, in process of time, much good was cduced from this evil; and the inconsistency of one generation of Quakers, enabled their suc- cessors, to exhibit to the world, a memorable example of disinterested re- gard, for the rights of human nature, and a magnanimous sacrifice to the requirements of piety and justice. t
The principles of the sect continued, meanwhile, to propagate themselves, in Britain, to an extent, that more than supplied the losses occasioned by the benishment of their professors. Almost all the other sects had suffered an abytene nt of piety and reputation, from the furious disputes, and vindictive struggles, that attended the civil wars; and while the Quakers were exempted from this reproach, they were no less advantageously distinguished, by a wvority of persecution, which enabled them to display, in an eminent de- gree, the primitive graces of Christian character. It was, now, that their cause was espoused, and their doctrines defended, by writers, who yielded to none of their contemporaries, in learning, eloquence, or ingenuity, and who have not been equalled. por. even approached. by any succeeding Quaker authors. The doctrines that had floated, loosely, through the
. In one vessel alone, which was despatched from England, in March, 1664. sixty Quaker convicts, were shipped, for America .- Williamson's North Carolina, i. 89. t Grahame's Col. Hist.
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Quaker society, were collected and reduced to an orderly system; the disci- pline necessary to preserve from anarchy, and restrain the fantastic sallies, which the genuine principle of Quakerism, is peculiarly apt to beget, was explained and enforced ;* and in the midst of a persecution that drove many of the Presbyterians of Scotland to despair and rebellion, the Quakers began to add to their zeal and resolution, that mildness of address and tranquil propriety of thought, by which they are universally characterized. Yet, it was long before the wild and enthusiastic spirit, which had distinguished the rise of the society, was banished entirely from its bosom; and while it continued, a considerable diversity of sentiment and language, prevailed among the brethren. This diversity was manifest, particularly, in the senti- ments entertained relative to the duty of confronting persecution. While all considered it unlawful to forsake their ordinances, on account of the prohi- bition of their oppressors, many held it, a dereliction of duty, to abandon their country, for the sake of their enjoyment in a foreign land. Consider- ing Quakerism as a revival of primitive Christianity, and themselves as fated to repeat the fortunes of the first Christians, and to gain, the victory over the world, by evincing the fortitude of martyrs, they had associated the success of their cause with the infliction and endurance of persecution, and deemed retreat, to be flight from the contest between truth and error. The promul- gation, rather than the toleration, of their principles, seemed their great object ; and their success was incomplete, without the downfall of the esta- blished hierarchy. But others of more moderate temper, though willing to sustain the character of the primitive Christian, believed it not inconsistent with the exercise of that liberty, expressly given to the apostles, when per- secuted in one city, to flee to another. Disturbed in their religious assem- blies, harassed and impoverished by fines and imprisonments, and withal, continually exposed to violent removal from their native land, they were led to meditate the advantages of volimtary expatriation with their families and substance; and, naturally, to cast their eyes on that country, which, not- withstanding the severities once inflicted on their brethren, in some of its provinces, had always presented an asylum to the victims of persecution. Their regards were further directed to this quarter, by the number of their fellow sectaries, who were now established in several of the North American states, and the freedom, comfort, and tranquillity, which they were there ena- bled to enjoy. t
II. Such was the situation of the Quakers when Lord Berkeley, alarmed by the insubordination of the planters of New Jersey, and dissatisfied with the pecuniary prospects of his adventure in colonization, offered his share of . his province for sale. He soon received the offer of a price, that was satis- factory, from two English Quakers, John Fenwicke and Edward Byllinge; and on the 18th March, 1673, in consideration of one thousand pounds, con- veyed his interest in the province, to the first, in trust for the other. A dis- pute arising between these parties, respecting their proportions of interest; to ... avoid the scandal of a law suit, it was submitted to William Penn, who now held a conspicuous place in the society of Friends. With some diffi- culty, he succeeded in making an award satisfactory to both parties. Fen- wicke, in 1675, sailed from London, for the new purchase, in the ship Grif-
* See Appendix, ( ¡for a disgraceful libel. S. In.)
t Gough and Sewehr's History of the Quakers. vol. i. chap. 2, 4, 6, 7 and 8, vol. ii. chap. 4. Neal's History of the Puritans, vol. iv. Grahame's Col. Hist. From the last work I have drawn, principally, the preceding view of the Quaker motives for emigration. It has, however, suffered such modification, in my hands, as to render me responsible for it.
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1764913
fith, with his family and several Quaker associates .* This was the first English vessel that came to New Jersey with emigrants. After a prospe- rous voyage, she landed her freight, at a rich and pleasant spot on a branch of the Delaware, to which Fenwicke, on account, probably, of its peaceable aspet, gave the name of Salem.
III. Further, immediate, efforts, at colonization, were prevented by the commercial embarrassments of Byllinge, who had sustained such losses, in trade, as rendered it necessary for him to assign his property for the inden- nification of his creditors, with a resulting trust, in whatever balance there might be, for himself. Penn, unwillingly, at the solicitation of some of the creditors, became joint assignee, with Gawn Lawrie and Nicholas Lucas, (Quakers and creditors) of Byllinge's interest, in New Jersey. These trus- tees, under the pressure of circumstances, sold a considerable number of shares, of the undivided moiety, to different purchasers, who, thereby, be- came proprietaries, in common, with them.
IV. As all men, when, now, emigrating to America, sought, not only re- ligious and civil freedom, but, also, the security which these could receive in the form of permanent records or constitutions, the proprietaries of West New Jersey, published their "concessions," comprising many of the provi- sions of the instrument formed by Berkeley and Carteret, together with others, · originating with themselves." The management of the estate and affairs of the province, was committed to the commissioners, appointed by the proprie- taries, with power to divide and sell the lands, to lay out towns, and, gene- rally, to govern the province according to the " concessions," until March, 1680; at which time, and thence, annually, ten commissioners were to be elected by the people, until a General Assembly should be chosen. The territory was to be divided into one hundred lots, or proprietaries, ten of which, to be assigned to Fenwicke, and the remainder to the assignees of Byllinge; and the hundred, proprietaries were to be divided into ten divi- sions or tribes, and the inhabitants of each, were empowered to elect a com- missioner; and, for the avoidance of " noise and confusion, all elections were directed to be by ballot. Lands were given to settlers upon principles analo- gous to those adopted in the concessions of Berkeley and Carteret.
The instrument then sets forth, the charter or fundamental laws, and de- clares, that, they shall be the foundation of the government, not to be altered by the legislative authority : that every member of the Assembly, who shall, designedly, wilfully, and maliciously move any thing subversive of such con- stitution, on proof, by seren honest and reputable persons, shall be proceeded against, as a traitor to the government : that, such constitution should be recorded, in a fair table, at the Assembly house, and read at the commence- ment and dissolution of every Assembly, and be, also, written in fair tables in every common hall of justice, and read, in solemn manner, four times every year, in presence of the people, by the magistrates : that, as no men, nor number of men, upon earth, had power to rule over men's consciences, no one should, at any time, be called in question, or hurt in person, privilege, or estate, for the sake of his opinion, judgment, faith, or worship, towards God, in matters of religion : that, no inhabitant should be deprived of life, limb, liberty, privilege, or estate, without due trial and judgment, passed by twelve good and lawful men of his neighbourhood; and in all trials, the
* There came passengers, with Fenwicke, Edward Champness, Edward Wade, Samuel Wade, John Smith and wife, Samuel Nicholls, Richard Guy, Richard Noble, Richard Hancock, John Pledger, Hypolite Lefever, and John Matlock. These, and others with them, were masters of families. Among the servants of Fenwicke, were John Adams and Samuel Hedge, who, subsequently, married his daughters .- Smith's N. J. 79.
X trase Concessions are on record in Burlington .
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accused might peremptory challenge thirty-five jurors, and for cause shown, the whole array : that, in civil cases, no inhabitant of the province should be arrested, until after summons and default of appearance; and imprison- ment for debt, on surrender of the property of the debtor was prohibited: that, every court should consist of three justices or commissioners, who, sitting with the jury, should assist them in matters of law, but should pro- nounce such judgment, only, as the jury should give; to whom, only, the right of judgment belonged, in all causes civil and criminal; and should the commissioners refuse, then judgment to be pronounced by one of the jury : that, in all causes, civil and criminal, proof should be made by " the solemn and plain averment" of, at least, two honest and reputable persons; and perjury, in civil causes, was punishable by the penalty the one witnessed against might suffer, and in criminal cases, by fine, disqualification from giving evidence, and from holding office: that, in criminal cases, not felonious, the injured party might compound the offence before, or remit the penalty after, judg- ment: that, theft should be punished, by twofold restitution, and for lack of means, by the labour of the offender, until such restitution should be made, or as twelve men of the neighbourhood should determine, not extending to life or limb; and that breach of the peace, should be punished according to the nature of the offence, at the discretion of twelve men of the neighbour- hood, appointed by the commissioners.
Much providence was displayed in the care of the estates of decedents. Wills were to be registered, and inventories filed, and security given, by executors, before administration. In case of intestacy, like provision was made in regard to administrators; and to secure two parts of the estate, for the children, and one-third to the wife; and if there were no child, half to the next of kin, and half to the wife: and guardians were appointed, of the persons and estates, by the commissioners. Where parents died, leaving children and no estates, the commissioners were to " appoint persons to take care for the children, to bring them up at the charge of the public stock of the province, or a tax to be levied by twelve men of the neighbourhood. No forfeiture was incurred, by suicide, or by way of deodand; and in cases of murder and treason, the sentence, and way of execution thereof, was left to the General Assembly to determine, as they, in the wisdom of the Lord, should judge meet.
As soon as the divisions or tribes, or such like distinctions should be made, the inhabitants, on the first of October, yearly, were to elect one pro- prictor or freeholder, for each proprietary. " to be deputies, trustees, or representatives, for the benefit, service, and behoof of the people ; and whose . number was a hundred, corresponding to the number of the proprietaries. Provision was made for the purity of elections, which were not to be deter- mined by the common and confused way of cries and voices ; but by putting balls in balloting boxes, for the prevention of all partiality, and whereby every man might freely choose, according to his own judgment and honest intention. This supreme legislature was empowered, to meet and adjourn within the year, at pleasure ; to fix the quorum for business, at not less than one-half of the whole, and the votes of two-thirds of the quorum were re- quired for determination. The question frequently agitated, relative to the obligation of the representative, to obey the instructions of his constituents, was, here, fully decided. He was holden, justly, to be their deputy or agent ; and they were required, at his election, to give him their instructions at large, and he, to enter into indenture, under hand and scal, covenanting and oblig- ing himself, in that capacity, to do nothing, but what should tend to the fit service and behoof of those that sent and employed him; and on failure of trust, or breach of covenant, he might be questioned in that or the next
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Assembly, by any of his electors: And further, cach member was allowed one shilling, per day, payable by his constituents, not in compensation of his services, but that he might be known, as the servant of the people. The Aswinbly was, aiso, authorized, to constitute and appoint, ten commissioners of estate, for managing the affairs of the province, during the adjournments, and dissolution of the General Assembly: To enact all laws for the well- government of the province : To constitute all courts, together with the limits, power and jurisdiction thereof: To appoint the judges for such time as they may deem meet, not more than two years, their salaries, fees, and appella- tions: To appoint commissioners of the public seals, treasurers, and chief- justices, embassadors, and collectors. But the justices of the peace, and constables, were to be chosen by the people .*
The faults of this system of government are radical and glaring. A many-headed executive, possessing a temporary, and reflected portion only, of political power, necessarily engendered jealousy, division and favouritisin; and distracted councils, produced contempt and disobedience. The legisla- ture, composed of one house, was exposed to the evils of precipitation : aud choosing from itself the executive, and the greater proportion of the officers of the commonwealth, to intrigue and corruption. Courts, without perma- nent judges-with juries, determining, in all cases, the law, as well as the fact, would disregard the established rules of jurisprudence, and produce uncertainty in the administration of justice; whilst the limited tenure of office, made incumbents unskilful and rapacious. Yet, this instrument con- tained many excellencies, and revealed principles of political science, which the enlightened philosophy of the present age, has not yet fully developed. : Thus, the most entire liberty of conscience, was established; and the politi- cal power was emphatically in the people, who were absolutely free to pursue their own happiness ;- the right of suffrage was universal-the personal litxrty of the citizen was cherished, and the barbarism of imprisonment for debt, whether upon initiatory or final process, was abolished. The punish- ment of crimes, had in view, the reparation of injury, rather than the inflic -; tion of vengeance; and in no instance, did it extend to the loss of life or limb. The evidences of property were secured by registering offices ;- and rules for the treatment of the aborigines, were framed upon principles of justice and humanity. . The love of the proprietaries, for civil and religious freedom, and democratic rule so thoroughly established in the Quaker societies, was certainly conspicuous in their concessions, and had they possessed as much experience, as zeal, they would, probably, have framed a finished system.
V. With the publication of this instrument, the proprietaries gave a spe- cial recommendation of the province, to the members of their own religious fraternity, which produced an immediate display of that diversity of senti- ment, which had begun to prevail in the society. Many, with lively expec- tations of future happiness, prepared to embark for the New Utopia ; whilst others regarded with jealousy, and vehemently opposed, a secession, which they defined pusillanimeus. To moderate the expectations of the one, and apprase the jealousy of the other, of these parties, William Penn, and his collagues, addressed a circular letter, to "Friends," solemnly cautioning them, against leaving their country, from a timid reluctance to bear testi- many to their principles, from an impatient, unsettled temper, or from any motive inferior, to a deliberate conviction, that the God of all the earth, opened their way, and sanctioned their removal. And admonishing them, to remember, that, although Quaker principles were established, in the pro- vince, only Quaker safeguards could be interposed for their protection; and
* Sce Appendix, D.
بسلا عدد
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that, religious toleration must depend for its continuance, on the aid of the Being, with whose will they believe it to concur, and could never be defend- ed by force, against the arm of the oppressor. To this admonitory letter, there was annexed, " A Description of West New Jersey," correcting some trivial exaggerations, which had been bruited abroad, of the excellence of the soil, and climate ; but conveying, in the main, a most inviting representation of the country. This neither did, nor was intended, to repress the ardour of Quaker emigration. Numerous purchases of colonial land, were made by Quakers, in various parts of England ; and in the course of the year 1677, upwards of four hundred persons of this persuasion, transported them- selves to West New Jersey; many of whom, were persons of property and respectability, who carried with them. their children and servants.
The first care of the assignees of Byllinge, was to make a partition of the province, between them and Sir George Carteret, which was effected by a deed, quintipartite,* comprehending, Sir George, William Penn, Gawn Lawrie, of London, merchant, Nicholas Lucas, of Hertford, malster, and Edward Byllinge, of Westminster; directing a straight line to be drawn through the province, from north to south, from the most southerly point of the east side of Little Egg Harbour, to the most northerly point, or boundary on the Delaware. To the portions thus separated, were given the names of East and West Jersey, respectively.f
Soon after,¿ letters were addressed by the West Jersey proprietaries, Penn, Lawrie, Lucas, Byllinge, (who had still an equitable interest,) and John Eldridge, and Edmond Warner, who had become the assignees of Fenwicke's portion, to Richard Hartshorne, Richard Guy, and James Wasse. The two first were Quakers, resident in East Jersey, and the last, an agent, sent out specially, from Europe. They were instructed to resist and control some irregular proceedings of Fenwicke, in the disposition of lands, to pre- pare for the many emigrants about to depart for the colony, to purchase lands from the natives, and to select a site for, and lay out a town of four or five thousand acres.§ Among the purchasers of West New Jersey, were two companies, one, of Friends from Yorkshire, and the other of Friends from London, who contracted for very considerable shares, for which they received patents.||
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