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 12
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The assembly at this time consisted of double the number which comprised the council.
The first members were Casper Steenmets and Baltazer Bay- ard, for Bergen ; John Ogden, Sen., and John Brackett, for Elizabethtown ; Robert Treat and Samuel Swarne, for Newark ; John Bishop and Robert Dennis, for Woodbridge ; James Grover and John Bound, for Middletown, and the same persons repre- sented Shrewsbury.
The sessions were generally held at Elizabethtown, but some-
* His salary was about fifty pounds per year, which was paid in country produce, at prices fixed by law, and sometimes four shillings a day besides, to defray his expenses while the sessions were held. The council and assembly received, while in session, three shillings per day to each member. The rates for public charges were levied at two shillings per head for every male above fourteen years old.
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times at Woodbridge, and once or more they were held at Middletown and Piscataway.
Some of the first laws made and published by the legislature at Elizabethtown were in substance as follows: That persons resisting authority should be punished at the discretion of the court ; that men from sixteen to sixty years of age should pro- vide themselves with arms, on penalty of one shilling for the first week's neglect, and two shillings for every week after ; that for burglary, or highway robbery, the first offence, burning in the hand; the second, in the forehead-in both, to make resti- tution ; and for the third offence, death. For stealing, the first offence, treble restitution, and the like for the second and third offence, with such increase of punishment as the court saw cause, even to death, if the party appeared incorrigible ; but if not, and unable to make restitution, they were to be sold for satisfaction, or to receive corporal punishment ; that conspiracies or attacks upon towns or forts should be death ; that undutiful children, smiting or cursing their father or mother, except pro- voked thereunto for self-preservation, upon complaint of and proof from their parents, or either of them, should be punished with death ; that in case of adultery, the party to be divorced, corporally punished, or banished, or either or all of them, as the court should judge proper; that for night walking, and revelling after the hour of nine, the parties to be secured by the constable, or other officer, till morning, and then, not giving a satisfactory account to the magistrate, to be bound over to the next court, and there receive such punishment as should be inflicted ; that thirty pounds should be levied for provincial charges : that is, five pounds to be paid by each town, in winter wheat, at five shillings a bushel; summer wheat, at four and sixpence ; peas, at three shillings and sixpence; Indian corn, at three shillings ; rice, at four shillings ; barley, at four shillings ; beef, at two pence half-penny per pound ; and pork, at three pence half-penny. That no son, daughter, maid, or servant should marry without the consent of his or her parents, masters, or overseers, without being three times published in some public meeting or kirk near the party's abode, or notice being set up in writing at some public house near where they lived, for four-
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teen days before, then to be solemnized by some approved minister, justice, or chief officer, who, on penalty of twenty pounds, and to be put out of office, were to marry none who had not followed those directions; that fornication should be punished, at the discretion of the court, by marriage, fine, or corporal punishment, and that no life should be taken but by virtue of some law, and the proof of two or three witnesses.
CHAPTER VII.
1682-1703.
Land grants to settlers-First buildings at Amboy-First saw mills erected-Bergen settled by the Dutch-Disturbances in the province-Ferry started at Perth Amboy-First settled preacher in the province-First ship built in the province-Prices paid for provisions-Failure of crops-Great distress.
D OUBTS having arisen in the minds of the people whether the government of West Jersey had been granted with the soil, and these rumors having been industriously circulated, both here and in England, to the prejudice of the title of the possessors, as well as deterring others from coming over to settle, the assem- bly, in the spring of 1682, thought it one of their first duties to obviate this, therefore they unanimously resolved, " That the land and government of West New Jersey were purchased together." And in answer to the question, " Whether the concessions agreed upon by the proprietors and people, and subscribed in London and West Jersey, were agreed upon to be the fundamentals and ground of the government of West Jersey, or not?" It was resolved in the affirmative, nemine contradicente, only John Fenwick excepted his tenth, which he said, at that time was not under the same circumstances, but now freely consenteth thereto .* At this assembly Samuel Jennings was appointed governor. t Before this time he had acted as deputy for Byllinge.
* Proprietory records, Secretary's office, Burlington.
t He had for this year a right to take up six hundred acres of land above the Falls, for his salary.
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The commissioners and other officers also being chosen, they were duly qualified, * and having agreed that the governor should be chairman or speaker, that he should sit as a member with them, and they together with the council; and that the chairman
* The oath of office was as follows :
" I, Samuel Jennings, being elected governor of the province of West Jersey, by the general free assembly thereof, sitting at Burlington, the 11th day of the third month, in the year 1683, do freely and faithfully promise, (according to the best of my ability,) to act in that capacity, according to the laws, conces- sions, and constitutions, as they are now established in the said province.'
" SAMUEL JENNINGS, Governor."
The engagement and promise of the council elected by the assembly were as follows :
" We, underwritten, being elected and chosen by the general free assembly members of council, to advise and assist the governor in managing the affairs of the government, do solemnly promise, every one for himself, that we will give our diligent attendance from time to time, and him advise and assist to the best of our skill and knowledge, according to the laws, concessions, and constitutions of this province ; and do further promise not to reveal or disclose any secret of council, or any business therein transacted, to the prejudice of the public. Witness our hands the 15th day of the third month, Anno, 1683.
"Thomas Budd,
"John Gosling,
" William Biddle,
" Henry Stacy,
John Skeen,
Thomas Olive,
Thomas Gardiner,
James Nevill,
"Elias Farre."
The engagements and promise of the commissioners, justices, and other officers elected, were as follows :
" We, whose names are here underwritten, being by the general free assembly chosen to officiate in our several trusts, commissions and offices for the ensuing year, do hereby solemnly promise that we will truly and faithfully discharge our respective trusts, according to the laws, concessions, and constitutions of the said province, in our respective offices and duties, and do equal justice and right to all men, according to our best skill and judgment, without corruption, favor, or affection. Witness our hands, this 15th of the third month, 1683.
" Thomas Olive, Richard Guy, Andrew Wade, and Andrew Thompson, justices.
" William Biddle, John Gosling, John Skeen, Mahlon Stacy, Thomas Olive, James Nevill, Francis Collins, Thomas Budd, Thomas Gardiner, Mark New- by, commissioners.
" Thomas Revell, recorder; Benjamin Wheat, sheriff; Daniel Leeds, sur- veyor."
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HISTORY OF NEW JERSEY.
should have a double vote. This assembly passed sundry laws, among which was the following:
"And whereas, it hath pleased God to commit this country and province into the hands of such who, (for the generality of them, are fearing God, and painful and industrious in the promoting and improving the said province, and for the better preventing of such as are profane, loose and idle, and scanda- lous, from settling amongst us, who are, and will be, not only unserviceable, but greatly burthensome to the province-It is therefore hereby enacted by the authority aforesaid, that all person and persons who shall transport him or themselves into this province, shall, within eighteen months after he or they shall arrive in the said province, procure and produce a certifi- cate, under the hands of such of that religious society to whom he or they did belong, or otherwise from two magistrates (if procurable), or two constables or overseers of the poor, with three or more creditable persons of the neighborhood, who inhabit or belong to the place where he or they did last reside, as may give satisfaction (that is to say), that he or they came not clandestinely or fraudulently away; and if unmarried, that he or she are clear from former engagements in that particular, and also that he or she are such as live soberly and honestly, to the best of their knowledge; and that no justice shall presume to marry any such person or persons who shall come into this province, before such certificate be produced, or that it be laid before the governor or two justices, and give them sufficient satisfaction concerning their clearness; and that all such person and persons who shall settle in the said province, and shall refuse or neglect to produce such certificate as aforesaid, within the said eighteen months, shall be fined, at the discretion of the governor and council of the said province, not exceeding twenty pounds, the same to be levied by distress and sale of the offender's goods, and to be paid into the hands of the treasurer of the said province."
The Scotch had a considerable share in the settlement of East Jersey. Many of them, and a number that afterwards arrived, fixed their habitations about Amboy and up the Raritan. The twelve proprietors appointed Robert Barclay, of Urie, in
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Scotland, governor for life, and Thomas Rudyard, a lawyer or attorney of London, deputy governor.
The commission of Barclay was dated at London, the 17th of the fifth month, called July, in the year of our Lord, accord- ing to the English account, 1683. He continued to be governor till 1685, when Lord Neil Campbell, also a Scotchman, and. uncle to the Duke of Argyle, was appointed governor, and came over to the province. In 1698, Sir Thomas Lane was appointed governor of East Jersey. Barclay died the 3d of October, 1690.
Thomas Rudyard, the deputy governor, arrived at his govern- ment the beginning of the year following his appointment. He gave a glowing account of the country soon after his arrival, in which he speaks of the superiority of the province over the neighboring provinces, having both fresh and salt meadows, which were very valuable as contributing so much for the sup- port of stock in winter, which must be supplied in other parts from the store ; but he says that where no salt meadows exist, there are no mosquitoes. He speaks also of one thing we have here, which the others are in want of, viz. : vast oyster banks, which furnish, during the winter, a constant supply of fresh victuals to the English, as well as the Indians. Of these, he says, there are many all along the coasts, from the sea, as high up as against New York ; so we are supplied with salt fish at our doors, or within half a tide's passage, as well as fresh fish in abundance, in every little brook, such as perch, trouc, eels; &c., which we catch at our doors.
At Amboy we are now building some small houses, thirty feet long by eighteen feet broad, such as will entertain workmen, and such as will, go and build larger.
There is plenty of good stone up the Raritan, and oyster shells upon the point, to make lime with. They have durable covering for their houses of shingles; oak, chestnut and cedar are plentiful ; the last will endure a man's lifetime.
Five or six saw mills were then being built, and two were already at work, which, when completed, would reduce the price of boards one-half, as well as all other timber for building.
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The timber costs nothing, but the workmanship by hand was at London prices, and sometimes more.
His residence was with Samuel Groome, at Elizabeth Town, which was not solitary, as he had little less company than at his house in London.
The people were generally a sober, industrious, professing people, wise in their generation, courteous in their behavior, and respectful to us in office.
Our country here called Bergen is almost entirely inhabited by Dutchmen. At a town called Newark, seven or eight miles from here, is made great quantities of cider, exceeding any we can have from New England, Rhode Island, or Long Island.
Amboy was laid out by Samuel Groome, one of the proprie- tors, and surveyor general of East Jersey, into one hundred and fifty lots, and a draught was sent home to the other proprietors.
Gawen Lawrie arrived this year as deputy governor of East Jersey, under Robert Barclay, and chose a fresh council, one of whom was Richard Hartshorne.
There had been considerable disturbances in the province, particularly about Middletown and Woodbridge, relating to. town affairs,* and the prudent conduct of these officers had con- tributed largely towards quieting the province.
Gawen Lawrie in writing to the proprietors in London, from Elizabeth Town, under date of the 2d of first month, 1684, gives an account of his visits to different places in the pro- vince to lay out a settlement.
He pitched upon a place where a ship of three hundred tons could ride safely within a plank's length from the shore, at low water. Adjoining this he found a piece of marsh ground about twelve perches broad and twenty perches long, with high land on each side. Here he set out lots around this island of one acre each, four poles at the key, and forty poles back, from thence along the river half a mile. These lots were laid out in a pleasant situation, where they could see the ships coming in the bay of Sandy Hook for nearly twenty miles.
* In one of these disturbances, Lewis Morris, who was afterwards governor of New Jersey, being a party, was taken prisoner, and confined in a log house. His partizans pried up the logs far enough for him to creep out.
K
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He says "there is no such place in all England for conveniency and pleasant situation. There are sixty lots upon the river, and forty backwards between those and the river, and those back- ward have a highway one hundred feet broad." Here he laid out a place for a market, with cross-streets from the river to the market, where the town houses were to be built. He then laid cut four hundred acres, to be divided into forty-eight parts, thirty six to each proprietor.
The lots in town were sold for twenty pounds, or for half a lot of thirty-six acres, not in the town, forty pounds.
The Scotch proprietors took up sixteen of the lots, and the other proprietors eight lots, and twenty lots were taken up in the town by other people. All were required to build a house thirty feet long, eighteen feet broad, and eighteen feet high to the raising, and to be finished within a year. To pay for laying out, forty shillings a lot, and four pence per annum quit rent. Forty or fifty acres was laid out for the governor's house.
The wharf, between the highway and river, was one hundred feet broad, with a row of trees along the river, before the houses, for shade and shelter. He arranged for the building of two houses for the proprietors, and a house for the governor, forty- six feet long, and eighteen feet broad.
The proprietors had thirty thousand acres of land in different places, which was formerly taken up by Sir George Carteret. Pork and beef sold at two pence per pound, fish and fowl were plenty, and he says there were oysters enough to supply all England. Wheat, four shillings per bushel ; Indian wheat, two shillings and six pence per bushel ; cider, good and plenty, for one penny per quart ; good drink made of water and molasses, about two shillings per barrel, as wholesome as their eight shil- ling beer in England; good venison, plenty, at eighteen pence per quarter ; eggs at three pence per dozen ; and all other neces- saries of life plenty. Vines, walnuts, peaches, strawberries, and many other things plenty in the woods.
There was laid out for the town, governor's house, and public highways, near about two hundred acres, leaving eighteen hun- dred acres still to be disposed of.
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He established a ferry at Perth,* for men and horses to go and come to Burlington, and Pennsylvania, and New York. He also built a house half-way between there and Burlington, for the entertainment of travellers, and a ferry boat to go to New York, for the purpose of building up the town of Perth, which was a central place.
He says: "Here is a gallant, plentiful country, and good land:"
At this time there was but one town in the entire province that had a settled preacher, who followed no other employment, and that was Newark. We are also informed that there was no particular form of religion, but that it was comprised of several sorts, but few of the inhabitants being very zealous, although in every town there was a meeting-house, where public worship was held once a week. There were no public laws in the country for maintaining public teachers, but the towns where they were located provided for their maintenance in their own way.
The richest planters had from eight to ten servants ; some of them had as many as a dozen cows, others twenty, and some as many as thirty,-eight or ten oxen, and some had so many horses that they did not themselves know the exact number, for they had them scattered through the country, and kept no more at home than they required for work; they let them run in the woods both winter and -summer, and take them only when they wanted to use them.
They had great flocks of swine in the woods, also great flocks of sheep; but these they did not permit to run in the woods, for fear of their being destroyed by wolves.
There were in the towns settled at this time about one hun- dred houses, but they were not built with much regularity. Every house had connected with it a lot of four acres, so that every one building upon his own lot, made the town irregular and scattered. Their streets were laid out too large, and the sheep in the towns constantly run at large in them.
In consequence of their size, the inhabitants were at no trouble about paving them.
· Perth Amboy.
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HISTORY OF NEW JERSEY.
Barnegat was called Burning Hole, and was a celebrated fishing place. There was good land and abundant of meadow near it.
The only fishermen there at that time, that followed that as an occupation, were those who went a whaling on the coasts, although there were all other kinds of fish in abundance every- where through the country, in all the rivers, and the people generally fished with long sieves or long nets, and were frequently known to catch with a sieve one and sometimes two barrels of good fish, which they would salt up mostly for their own use, and to sell to others.
The first ship built in the province was commenced by Samuel Groome, for trade with the West Indies, but the building of it was discontinued, on account of his death, in 1684. It re- mained on the stocks for some time before it was completed.
The acres were reckoned according to English measure, six- teen feet to the rood, twenty long, and eight broad. One English butt of wheat, which was eight gallons (English) or Scotch quarts, was required to sow an acre of land, two bushels of barley also to an acre, and two bushels of oats sowed an acre and a-half; an English peck, which was four English quarts, or Scotch shopeus of Indian corn, would plant an acre.
There was at this time but few Indian natives in this part of the country, as they lived mostly in the woods, and had small towns in some places far up in the country.
They planted Indian corn, and depended on shooting deer, and other wild beasts and fowls, for their sustenance. They had kings among themselves to govern them ; had no religion, and were always ready to sell their lands. Indian corn sold at two shillings and sixpence per bushel; wheat, four shillings ; rye, three shillings ; oats, one shilling and eightpence ; beef, one penny ; pork, twopence ; venison, one penny, and mutton threepence per pound, English measure and weight, being a fifth part difference between the money of this country and sterling money, so that wheat being valued here at four shillings the bushel, would be worth but three shillings and threepence sterling, and so of the rest proportionably.
This statement was made by John Barclay and Arthur Forbes,
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the truth of which was certified to by Gawen Lawrie, deputy governor, and dated Elizabeth Town, in East Jersey, the 29th of the first month, called March, 1684.
The assembly of West Jersey, at this meeting, the 20th of the third month (May), chose Thomas Olive governor and chairman, or speaker, the governor acting in both these capacities.
The several branches of the Legislature had previously trans- acted their business in common together. The representatives were returned from their respective first, second, third, and Salem tenths, which were all the tenths settled up to this time. At their first meeting they chose the governor, council, commis- sioners to lay out land, and all the other officers of their gov- ernment.
Olive had been twice governor of West Jersey before, and on the last choice he was continued for a year,* but Byllinge, desisting from the claims which the assembly as well as the people had thought unjust, and which had been the cause of their undertaking in opposition to him to choose the governor, he sent this year a fresh commission to John Skeine to be his deputy, t the assembly and people submitted to him, though before they had refused William Welsh in that capacity, while Byllinge continued the claims aforesaid. Skeine died in the twelfth month, 1687, but Dr. Daniel Cox, of London, the great- est proprietor of West Jersey,¿ was, the September previous, appointed to succeed him .. He continued in the position till about the year 1690, having appointed Edward Hunloke his deputy. Sometime afterwards a commission was sent to John Tatham, who, in consequence of being a Jacobite, § being dis- qualified by his principles, the assembly rejected him, on which the proprietors, in 1692, sent a commission to Andrew Hamil-
* His salary was twenty pounds per year.
t Skeine's salary, besides the fees, was said to be thirty bushels of rye.
[ He owned twenty-two shares of propriety.
¿ A partisan or adherent of James II., after he had abdicated the throne, and one who was opposed to William and Mary, and who held with a sect of Christians in Syria and Mesepotamia, that Jesus Christ had but one nature.
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ton .* He was accepted, and continued governor of West Jer- sey while it remained under the proprietary jurisdiction, though with some interruption in 1698, being also some part of the time governor of both East and West Jersey, and Pennsylvania.
In the year 1686, there seems to have been some dangerous persons in East Jersey, if the law passed that year against wear- ing swords was well founded. According to that, several per- sons had received abuses, and were in great fear from quarrels and challenges.
To prevent it in the future, no one was permitted, by word or message, to make a challenge, upon pain of six months im- prisonment, without bail or main prize, and a fine of ten pounds. Whoever accepted or concealed the challenge, was also to forfeit ten pounds. No person was to wear any pocket pistols, skeins, stilladers, daggers, or dirks, or other unusual weapons, upon pain of five pounds forfeiture for the first offence ; and for the second, to be committed, and on conviction, imprisoned for six months, and moreover to pay a fine of ten pounds. No planter was to go armed with sword, pistol, or dagger, upon penalty of five pounds. Officers, civil and military, soldiers in service, and strangers travelling upon lawful occasions, were excepted.
The settlers in both West Jersey and Pennsylvania, about the year 1687, were put to considerable difficulty on account of food, their crops having in great part failed. Several families
* His salary, in 1695 and 1696, was two hundred pounds a year, as gov- ernor of West Jersey, but the salary, in both East and West Jersey, seems, in some periods, to have been rather occasional. In the latter province, in 1697, provision was made for two hundred pounds, by a law containing the follow- ing preamble : " Being sensible of the many great services done by our pres- ent governor, Colonel Andrew Hamilton, since his accession to the adminis- tration of the government of this province, and taking also into our consideration the great charge that must attend any person in that post, and how little hath yet been done by us answerable to his merit and station, we find ourselves obliged, in point of gratitude, and in testimony of our affection for him, and as a demonstration thereof, to offer, as is hereafter expressed, and pray our governor's acceptance thereof from a poor people, whose good will and regard to him is not to be measured by the value of our offering, but integrity of the offerers." The salary of the governor of East Jersey, in 1694, 1695, and 1696, was one hundred and fifty pounds per annum.
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