USA > New Jersey > The history of New Jersey : from its earliest settlement to the present time : including a brief historical account of the first discoveries and settlement of the country, Vol. I > Part 10
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38
The general assembly were not to be prorogued or dissolved before the expiration of one whole year from the day of election, without their own free consent.
They were not to levy or raise any sum or sums of money, or any other tax, without the act, consent, and concurrence of the general assembly.
All officers of State or trust were to be nominated and elected by the general free assembly, and they were to be accountable to that body, or to such as they should appoint.
They were forbidden to send ambassadors, or make treaties, or enter into alliances, upon the public account of the province, without the consent of the assembly.
The general assembly were not to give to the governor any tax or custom for a longer time than for one year.
i
116
HISTORY OF NEW JERSEY.
The liberty of conscience in matters of faith and worship to- wards God, was granted to all people within the province who should live peaceably and quietly therein ; and no one was to be rendered incapable of office in respect to his faith and worship.
Upon the acceptance by the governor, and performance of the proposals therein expressed, the general assembly, pro- prietors and freeholders of the province of West Jersey, were to accept Samuel Jennings as deputy governor.
These fundamentals, as they were termed, were signed by Samuel Jennings, deputy governor ; and Thomas Olive, speaker.
This assembly sat from the 21st to the 28th of November, and passed thirty-six laws, besides the above. Many of these laws were repealed a few years afterwards. Some of them were in substance, as follows :
That it should be the business of the governor and commis- sioners to see that all courts executed their offices, and to punish such officers as should violate the laws ; that lands legally taken up and held, planted and possessed seven years, should not be subject to alteration ; that all officers of trust should subscribe to do equal right and justice ; that no person should be con- demned or hurt, without a trial of twelve men, and that in criminal cases, the party arraigned to except against thirty-five or more upon valid reasons ; that in every court, three justices, or commissioners, at least, to sit and assist the jury in cases of law, and pronounce the judgment of the jury ; that false wit- nesses be fined, and disabled from being admitted in evidence, or into any public office in the province ; that persons prosecu- ting for private wrong (murder, treason, and theft excepted,) might remit the penalty or punishment, either before or after condemnation ; that juries should be summoned by the sheriff, and none be compelled to see an attorney to plead his cause ; that all wills should be first proved and registered, and then duly performed ; that upon persons dying intestate, and leaving a wife and child, or children, the governor and commissioners for the time being, were to take security, that the estate should be duly administered, and the administrator to secure two-thirds for the child or children, the other to the widow; where there was no children, one moiety or half the estate was to go to the
117
HISTORY OF NEW JERSEY.
next of kin, the other half to the widow ; always provided, such estate exceed one hundred pounds, otherwise the widow to have the whole; and in cases of leaving children and no provision, the charge of bringing them up to be paid out of the public stock ; that felons should make restitution four-fold, or as twelve of the neighborhood should determine ; and such as hurt or abuse the person of any, be punished according to the nature of the offence ; that whosoever presumed, directly or indirectly, to sell any strong liquors to any Indian or Indians, should forfeit for every such offense, the sum of three pounds ; that ten men from Burlington, and ten from Salem, should be appointed to lay out and clear a road from Burlington to Salem, at the public ex- pense ; that two hundred pounds should be equally levied and appropriated for the charges of government, upon the several tenths, twenty pounds each ; every man to be assessed according to his estate, and all handicrafts, merchants, and others, at the discretion of the assessors. Persons thinking themselves aggrieved had the liberty of appealing to the commissioners of the tenth they belonged to.
Having agreed upon these and other laws, the commissioners next fixed the method of regulating lands.
That the surveyor was to measure of the river Delaware, be- ginning at Assunpink creek, and from thence down to Cape May; that each and every tenth, or ten proprieties, shall have · their proportion of front to the river Delaware, and so far back into the woods as will make or contain sixty-four thousand acres for their first settlement, and for the sub-dividing the Yorkshire and London two-tenths.
To allow three thousand and two hundred acres where the parties concerned please to choose it within their own tenth, to be taken up according to the following rules: One eighth part of a propriety, and so for smaller parts, to have their full propor- tion of the lands in one place, and greater purchases or shares not to exceed five hundred acres, to one settlement.
That all lands so taken up and surveyed shall be seated within six months after it is so taken up; and if not taken up and seated within the said time, then such choice and survey to be void, and the same lands shall be free for any other purchaser to take
118
HISTORY OF NEW JERSEY.
up, provided, they shall seat it within one month after it is so taken up.
No person was allowed to take up lands on both sides of the creek, except by consent of the commissioners, for good cause.
No person was allowed to have more than forty perches front on the river or navigable creek, for each and every. hundred acres, except it fall upon a point so that it cannot be otherwise avoided, which was to be left to the commissioners.
All lands were to be laid out on straight lines, in order that no vacancies may be left, but that they be joined one seat to another, except the commissioners should order it otherwise.
All persons were to take their just proportion of meadow.
All persons already located were to have liberty to make their settlement their choice.
Every proprietor was to have four hundred acres to his pro- priety, and so proportionably to lesser quantities for his town lot, over and above his three thousand two hundred acres, which may be taken anywhere within his own tenth, either within or without the town bounds.
No person who had taken up a town lot, had liberty to leave it, and take a lot elsewhere; but he was required to keep the lot he had taken up as his town lot.
Thomas Wright was required to keep his settlement of four hundred acres.
No purchaser was allowed to take up more land within his town bounds than belongs to his town bounds by virtue of his purchase.
No person or persons, (who were not purchasers to whom town lot or lots were given,) were allowed to dispose of, or sell his or their lots of land from their house or houses, and in case they should do so, such sale was void, and the lots were forfeited to the use of the town of Burlington, to be disposed of at the discretion of the commissioners.
No person was allowed to take up any without special order from two or more of the commissioners.
All settlements not agreeable to the commissioners and the aforesaid rules and regulations, were liable to the regulationi aforesaid.
The proprietors yet remaining in England were to be notified
HISTORY OF NEW JERSEY. 119
that it was necessary for the speedy settlement of the province, and for the interest of all concerned therein, to allow to every propriety three thousand two hundred acres, for their first choice, and in case many people should come and desire to settle, they reserved liberty to take up so much land more, not exceeding five thousand two hundred acres ; provided that none should take . up any proportion of land but as they should settle it.
All public highways were to be set forth at the discretion of the commissioners, in or through any lands taken up, or to be taken up, allowing the owners thereof reasonable satisfaction, at the discretion of the commissioners.
The rules and methods hereby agreed upon were not to make void or disannul any settlements heretofore made in the York- shire tenth, who had seated according to a former agreement, who had not taken up more than fifty perches for each hundred acres on the river and navigable creek, and having kept their due breadth and bounds from the same.
These articles were signed and sealed the 5th of December, 1681, by Samuel Jennings, governor ; Thomas Olive, Thomas Budd, Robert Stacy, Benjamin Scott, Thomas Gardiner, Daniel Wills, Mahlon Stacy, Thomas Lambert .*
Those who had taken up any lands within the first and second tenth in the province, were required to bring in their deeds and titles to Benjamin Scott and Robert Stacy, Thomas Budd and Thomas Gardiner, on or before the 12th day of January, and all who should, after this date, take up lands within the first and second tenth, were to make application to the same parties, and to make oath that the said lands so taken up actually belonged to them ; and the commissioners being satisfied of the same, were to order the surveyor to lay out and survey said lands, and to make return of the same at the next court held at Burlington, that it may be registered.
This was signed by Samuel Jennings, governor ; Thomas Olive, Robert Stacy, Thomas Budd, Daniel Wills, Thomas Gar- diner, and Benjamin Scott, and dated the 14th of the eleventh month, 1681.
* Thomas Lambert purchased and settled Lamberton, now the sixth ward of Trenton.
--
CHAPTER VI.
1681-1682.
Indian tribes-Modes of burial-Superstitions-Care of the sick- Care of their children-Marriageable ages-Marriage ceremo- nies-Representatives chosen by the proprietors-Laws passed by the governor-Council and assembly-Third and last grant of the Duke of York.
TT would be vain to undertake to give a particular account of all the different tribes or nations of Indians inhabiting these provinces before the Europeans came among them, there being probably a tribe for every ten or twenty miles, which were com- monly described and distinguished by the name of creeks, or other noted places where they resided; thus, there were the Assunpink,* the Rankokas,t the Mingo,t the Andastaka, the
* Stony Creek, from its gravelly bottom.
. t This was called Ankokas, as the Indians did not pronounce the R at all; they were also called Lamikas, or Chichequas, the latter of which was the proper name.
# Indian knowledge about the weather were received topics of conversation. Some of their maxims have been found as true as things of that kind generally are. If Jacob Taylor's intelligence be right, they also predicted. "A sachem of this tribe (he says) being observed to look at the great comet, which appeared the Ist of October, 16So, and asked what he thought was the mean- ing of that prodigious appearance, answered gravely: It signifies that we Indians shall melt away, and this country be inhabited by another people." How this Indian came by his knowledge, without the learned Whiston's astro- nomical tables, or whether he had any knowledge, is not so material. He will, however, be allowed as good a right to pretend to it, when the event is considered, as the other had in his conjecture concerning the cause of Noah's flood. This, at least, till the regularity of the comets' motions were better known.
I2I
HISTORY OF NEW JERSEY
Neshaminie, and the Shackamaxon Indians, and those about Burlington were called the Mantas, from the frogs which inhab- ited the creeks called Manta, or Mantua, in Gloucester ; a large tribe resided there.
These and others were all of them distinguished from the Back Indians, who were a more warlike people, by the general name of the Leni Lenapes, or Delawares. The nations most noted from home, that sometimes inhabited New Jersey and the first settled parts of Pennsylvania, were the Naraticongs, on the north side of Raritan river ; the Capitinasses, the Gacheos, the Munseys, the Pomptons, the Senecas, and the Maquaas .* This last was the most numerous and powerful. Different nations were frequently at war with each other, of which husbandmen sometimes find to this day remaining marks in their fields.
A little below the falls of Delaware, on the Jersey side, at a place opposite Point-no-point, in Pennsylvania, and several other places, were, until a few years back, banks that had been formerly thrown up for intrenchments against incursions of the neighboring Indians, who, in their canoes, used to go in war- like bodies from one province to another.
It was customary with the Indians of West Jersey, when they buried their dead, to put family utensils, bows and arrows, and sometimes money (wampum) into the grave with them, as tokens of their affection.
When a person of note died far away from the place of his residence, they would convey his bones to his domicil for burial, carrying out the practice of the patriarchs of old. They washed and perfumed their dead, painted the face, and followed to their last resting place the remains, in single or Indian file. Their dead was left in a sitting posture, and the grave was covered pyramidically ; thus showing their origin from the Egyptians and other patriarchal countries.
They were careful in preserving and repairing the graves of the dead, and visited them in great solemnity. They were averse to being asked their opinion twice about the same thing.
* The Five Nations, before the sixth was added ; but few of whom had their residence in New Jersey. They are supposed to have been sometimes, in fishing seasons, among the others here. They were called by the Dutch, Mahaknase.
122
HISTORY OF NEW JERSEY.
They abounded in mirthfulness, observed with great care the roots and herbs that grew, and used them for the cure of all bodily diseases, both by outward and inward applications ; besides which, they used sweating and the cold bath* for the cure of diseases.
They had an aversion to beards, and would not permit them to grow, but plucked the hair out by the roots. The hair of their heads was black, which they generally kept saturated with bear's grease, particularly the women, who tied it behind in a large knot, sometimes in a bag. They called persons and places by the names of remarkable things, or birds, or beasts and fish.
Thus: Pea-hala, a duck; Cau-hawuk, a goose ; Quink- Quink, a tit ; Pallupa, a buck; Shingas, a wild-cat; and they observed it as a rule, when the rattlesnake gave notice by his rattle before he approached, not to hurt him; but if he rattled after they had passed, they would immediately return and kil him.
They were very loving to one another; if several of them came to a Christian's house, and the master of it gave one of them victuals and none to the rest, he would divide it into equal shares among his companions. If the Christian t visited them, they would give them the first cut of their victuals ; they would not eat the hollow of the thigh of anything they killed.} Their chief employment was hunting, fishing, and fowling, and making canoes, bowls, and other wooden and earthen ware, in all which they were, considering their means, very ingenious. They boiled their water in earthen bowls manufactured by themselves.
The chief business of the women was planting corn, parching or roasting it, pounding it into flour in mortars, or breaking it
* The mode was first to enclose the patient in a narrow cabin, in the middle of which was a red hot stone, frequently wet with water, pro- ducing a warm vapor. The patient, sufficiently wet with this and his own sweat, was hurried to the next creek or river, and plunged into it. This was repeated as often as was necessary, and sometimes great cures were performed. But this rude method at other times killed, notwithstanding the hardy nature of the patients, especially in the small pox and other European disorders.
¡ They called all white men Christians.
# Showing their Jewish origin.
123
HISTORY OF NEW JERSEY.
between stones, then making it into bread, and dressing and cooking victuals. Sometimes in their culinary operations they were observed to be very clean, and at other times quite the reverse.
The women also made ropes, mats, hats, baskets, (some of which were very curious.) These were made of wild hemp, . roots, and splits of trees.
Their young women were originally very modest and shame- faced, and at marriageable ages distinguished themselves with a kind of worked mat, or red or blue baize, interspersed with small rows of white and black wampum, or half rows of each in one, fastened to it, and then put round the head, down to near the middle of the forehead. Both young and old women would be highly offended at indecent expressions, unless corrupted with drink. They were peculiarly virtuous, and were averse to any- thing like liberties being manifested toward them. The Indians would not allow of any one mentioning the name of a friend after death.
. They would sometimes streak their faces with black when in mourning, but when all went well with them, they painted red. They were great observers of the moon; delighted. in fine clothes ; were punctual in their bargains, and when any one deceived them, they would not deal with him afterwards. In their councils, they seldom or never contradicted one another till two of them had made an end of their discourse ; for if ever so many were in company, only two were allowed to speak to each other, and the rest were required to be silent until their turn came. Their language in discourse was high, lofty, and sublime. Their way of counting was by tens, thus-two tens, three tens, four tens, &c. ; and when the number got out of their reach, they would point to the stars, or the hair of their heads. They lived chiefly on Indian corn roasted in the ashes, and sometimes beaten and boiled with water, and made into hominy. They also made an agreeable cake of their pounded corn. They raised beans and peas, but the chief part of their provisions were furnished them from the woods and rivers-hunt- ing and fishing being their chief delight. They pointed their arrows with a sharpened flint stone, and cut their wood
124
HISTORY OF NEW JERSEY.
with a large stone, the handle of which was made of withes. They ate generally twice a day, morning and evening. Their seats and tables were the ground.
They were naturally reserved ; apt to resent insults, and their resentments were retained a long time. They were liberal and generous, kind, and affable to the English. They were uneasy and impatient in sickness, and commonly drank a decoction of roots in spring water ; and during sickness ate very sparingly of flesh, and at such times if they ate flesh at all, it must be of the female species. They took remarkable care of the sick while hopes of life remained, but when that was gone some of them would neglect the patient.
Their government was monarchical and successive, mostly on the mother's side, to prevent a spurious issue .*
They washed their children in cold water as soon as they were born, and to make their limbs straight, tied them to a board, and when they travelled they hung it to their backs. The chil- dren usually walked at nine months of age.
Their young men married at sixteen or seventeen years of age, provided they had by that time given sufficient proof of their manhood, by a large return of skins. The girls married about thirteen or fourteen, but remained with their mothers to hoe the ground, and bear burdens, &c., for some years after marriage. In travelling, the women generally carried the luggage.
Their marriage ceremony was something after the following : The relations and friends being present, the bridegroom deliv- ered a bone to the bride, she an ear of Indian corn to him, meaning that he was to provide meat, she bread.
It was not unusual with them to change their mates upon dis- agreement, in which case the children went with the one that loved them best ; the man was allowed the first choice if the children were divided, or in case there was but one.
In the year 1682, a large ship of five hundred and fifty tons burden arrived at West Jersey, and got aground in Delaware
* The children of the reigning King did not succeed him, but his brother by the mother, or children of his sister, whose sons (and after them the male children of her daughters,) were to reign, for no woman inherited.
125
HISTORY OF NEW JERSEY.
bay, where, after laying eight days, she got off and landed her passengers, three hundred and sixty in number, between Phila- delphia and Burlington.
Their provisions being nearly exhausted, they sent ten miles to an Indian town near Rankokus creek, for Indian corn and peas. The king of the tribe being there, treated them kindly, and directed such Indians as had provisions to bring them in next morning ; they accordingly brought plenty, which being deliv- ered and put in bags, the messengers took leave of the king, who kindly ordered some of the Indians to carry their bags for them to their canoes.
.The assembly of West Jersey having, at their last sitting, adjourned to the first of second month, 1682, but being unsuc- cessful in obtaining a full house, they adjourned to the four- teenth, and then dissolved without doing any business. Another was then called, which sat from the second to the eleventh of the first month following.
Before this time the members had been chosen by the electors of the several tenths indiscriminately, but this assembly declared it to be their judgment, as well as the judgment of those they represented, that the most regular method for preserving the liberty of the people by a free assembly, was that such of the ten proprieties as were now peopled, should each choose ten representatives (and the others also as they became peopled), and also resolved that twenty-four, the speaker being one, should constitute a quorum ; they chose the council, justices, and com- missioners for laying out land, as well as choosing other officers.
Those chosen were, Thomas Olive, Robert Stacy, Mahlon Stacy, William Biddle, Thomas Budd, John Chaffin, James Ne- vill, Daniel Wills, Mark Newby, and Elias Farre, councillors ; William Biddle, Robert Stacy, Elias Farre, Mahlon Stacy, John Chaffin, Thomas Budd, Benjamin Scott, John Cripps, and Thomas Thackery, justices for Burlington.
James Nevill, George Deacon, Richard Hancock, and Edward Wade, justices for Salem.
Elias Farre, William Biddle, Thomas Budd, Thomas Gardiner, Mark Newby, James Nevill, Thomas Olive, Robert Stacy, Benja- min Scott, and William Cooper, commissioners.
126
HISTORY OF NEW JERSEY.
John White, sheriff for Burlington ; and Thomas Woodruffe, sheriff for Salem.
Thomas Revell, provincial clerk and recorder for Burling- ton ; and Samuel Hedge for Salem.
Daniel Leeds, surveyor of the province.
Robert Schooley and John Pancoast, constables for York- shire tenth ; John Bourten and William Brighten, for London tenth; and Thomas Sharp, for the third tenth.
This done, the governor, council, and assembly passed sundry laws, some of which were in substance: that each of the ten proprietors should have liberty to sell as much as five hundred acres of land, within their respective tenths, or take such other expedient as they should judge proper, for defraying public charges for the tenths respectively, for which purpose Mahlon Stacy and Thomas Lambert were appointed for the first, or York- shire tenth; Thomas Budd and Thomas Gardiner, for the second, or London tenth; and William Cooper and Mark Newby, for the third, or Irish tenth; and Samuel Jennings and Thomas Budd, for the remaining six tenths. *
They enacted that the fine of three pounds formerly imposed upon those who sold rum and other strong drinks to the Indians, should go one-half to the informer, and the other to be paid into the public stock, at the place where the offence was committed, and that every foreigner offending should pay a fine of five pounds, to be disposed of in the same manner.
That for the more convenient payment of small sums of money, Mark Newby's coppers, called Patrick's half-pence, t were allowed to pass as half-pence current money, provided he gave security to the speaker, for the use of the general assembly for the time being, that he, his executors and administrators, would change them on demand ; and further provided that none were obliged to take more than five shillings in one payment.
To prevent clandestine and unlawful marriages, justices were
* As it regarded John Fenwick, who owned the other tenth, they seemed to have left him to manage his own concerns.
t These were as their name purports, Irish half-pence, which Newby brought over with him.
127
HISTORY OF NEW JERSEY.
to have power to solemnize them, and the parties were first required to publish their intentions fourteen days in some public place appointed for that purpose, and any justice presuming to marry without the consent or knowledge of the parents or trus- tees of the parties (if such consent could be reasonably obtained), should be fined at the discretion of the general assembly, of which marriage the registrar was to make public entry on the day it was solemnized. The births of children and decease of all person's were also to be entered in the public register of the respective tenths ; and for preventing differences between mas- ters and servants, where no covenants were made, all servants were to have, at the expiration of their term of service, accord- ing to the custom of the country, ten bushels of corn, necessary apparel, two hoes, and an axe.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.