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 13
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had already spent their last, and were forced to subsist on what was spared by such of their neighbors as were better provided ; these were few in proportion to the mouths to be filled. Some near the rivers had lived for weeks upon fish, others were forced to subsist on herbs. While this was the case, a vessel unex- pectedly arrived from New England to Philadelphia, laden with corn, which proved a timely supply, for this vessel finding a good market, others soon followed, so that the settlers from this time were amply supplied with food.
In this year, 1687, George Keith, surveyor general of East Jersey, by order of the proprietors there, attempted to run the division line between East and West Jersey. He began with a line from Little Egg Harbor, north by west, and three degrees five minutes more westerly, as the compass then pointed, for a part ; the line run by him was sixty miles in length, till he fell upon the corner of John Dobie's plantation, on the south branch of the Raritan. This, by order of the council of pro- prietors of West Jersey, in or about the year 1721, was traversed by John Chapman, who was esteemed a careful surveyor. Upon the computation, it appeared that the line, at the time he trav- ersed it, was north sixteen degrees and forty-three minutes west, which left a variation of two degrees and twenty-three minutes in thirty-four years. The remaining part of Keith's line was from Dobie's plantation along the rear of that and other tracts and plantations, as they were before patented and surveyed in right of the proprietors of the eastern division of New Jersey, until it intersected that part of the north branch of the Raritan river which descends from a fall of water, at that time known by the Indian name of Allamitung, then running from that point of intersection up the branch or stream of the fall of Allamitung.
Upon the original running of this line, the western proprie- tors thought too much of their best lands were surveyed to the castward, and were dissatisfied with it.
In the fall of 1688, the governors of East and West Jersey, on behalf of each division, entered into an agreement that Daniel Cox, governor of West Jersey, on behalf of himself and all the rest of the proprietors of that province, on the one part,
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and Robert Barclay, governor of the province of East Jersey, on behalf of himself and all the rest of the proprietors of that province, of the other part, to finally determine all differences concerning the deed of partition, and all other disputes and controversies about dividing the lands and settling the bounds between East and West Jersey, agreed that the line of partition ran straight from Little Egg Harbor to the most westerly cor- ner of John Dobie's plantation, as it stands on the south branch of the Raritan river, shall be the bounds, so far, between East and West Jersey, and shall not be altered, but remain as it stands on a printed draught of the proprietors' lands, surveyed in East Jersey, and drawn by John Reed, and since printed here. From thence to run along the back of the adjoining plantations, until it comes to James Dundas' plantation ; and from thence, at the most northwesterly part thereof, a line to lie down with a line on the back of those plantations, and to run northeast- ward, till it touch the north branch of Raritan river, as it is struck upon the map already ; but saving the plantations already laid out to be within the line, if they happen to stand a little more westerly than that line is marked.
From the north end of the line, where it touches Raritan north branch, thence forward the largest stream or current of water belonging to the said north branch, shall be the bound or partition ; and so continuing the same unto the north end thereof, for the bounds so far.
From the said north end of the branch, a short straight line to run to touch the nearest part of Passaic river, and so follow- ing the course of that river, continuing Poquanick river, so long as it runs northerly or northwesterly ; these rivers still to be the bounds between both provinces ; and if Poquanick river do not run far enough to the latitude of forty-one degrees, then from the said river, a straight line to run northward to the lati- tude, and that to be the utmost north partition point ; and from the said point in a straight line due east, to the partition point on Hudson's river, between East Jersey and New York ; pro- vided always, that all plantations and tracts of land laid out and surveyed before the agreement arrives in East Jersey, shall
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remain to the parties concerned, and the partition shall so run as to include them within East Jersey bounds.
Dr. Cox was to promise and make good the agreements above written, and warrant the title and quiet possession of all the lands so to be appropriated to the proprietors of East Jersey, according to the limits and bounds above mentioned, against all persons that shall or may pretend or claim any interest to any of the said lands as West Jersey proprietors ; and Robert Barclay also promised to make good the agreement above written, and warrant the title and quiet possession of lands so to be appropri- ated to the proprietors of West Jersey, according to the limits and bounds above mentioned, against all persons that shall or may pretend or claim any interest to any of the said lands as East Jersey proprietors. For the faithful performance of which they were mutually to bind themselves, each to the other, in the sum of five thousand pounds, to be well and truly paid on the breach of any of the clauses and covenants before mentioned.
This was signed and sealed in London, September 5th, 1688, by Robert Barclay, and witnessed by David Hewling and Ste- phen Lucock.
Although there was a desire on the part of both sections to have the line definitely fixed and properly run, as the western proprietors could easily see that East Jersey had the advantage in every step hitherto taken.
The proprietors of West Jersey met at Burlington on the 14th day of the twelfth month, 1687, and resolved to appoint eleven proprietors every year, from among themselves, to be commis- sioners and trustees. Six of these were to be from the county of Burlington, and four from the county of Gloucester, for the purpose of acting in such affairs as shall generally concern the whole body of proprietors.
These were Samuel Jennings, Thomas Olive, William Biddle, Elias Farre, Mahlon Stacy, Francis Davenport, Andrew Robe- son, William Royden, John Reading, William Cooper, and John Wills. They were allowed two shillings per day for each and every day they were engaged, to be paid by the proprietors in proportion to their respective shares in the province.
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This was dated the 14th day of the twelfth month, called February, 1687.
The proprietors met at Burlington on the 6th day of the sev- enth month, 1688, and ratified the above agreement It was ratified by thirty-one of the proprietors of Burlington county, and thirteen of those of Gloucester county, with the exception that the names of Mahlon Stacy and Francis Davenport were excluded, and John Tatham and George Hutchinson were elected in their stead ; and in place of William Cooper, Thomas Gardi- ner, Jun., was elected.
They also changed the number from eleven to nine, five to constitute a quorum.
The latter was agreed upon at Gloucester, the Ist of the first month, 1688, and subscribed by the proprietors.
Upon this agreement was founded the constitution of the council of proprietors of West Jersey.
At a meeting of the proprietors of West Jersey, at Burling- ton, on the 6th day of the seventh month, 1688, they agreed that every proprietor and person interested in proprieties should pay to the use of Daniel Cox, to any person appointed to receive it, as a reimbursement for the money laid out by him in the Indian purchase lately made in the lower counties, the sum of twelve shillings and sixpence for every thousand acres, and so proportionably to be taken up out of that purchase. The first year to begin the Ist day of April last past, and from that time twelve months, to advance eighteen pence upon every year ensuing, until the time that the money aforesaid be paid for, and the land to be laid out within the bounds of the same purchase, as consideration for the moneys disbursed by the said Daniel Cox, in the said Indian purchase of the whole tract, which, by the surveyor, Andrew Robeson, is computed to be three hundred thousand acres of good land, capable and worthy of improve- ments, which money being paid, the party so paying shall be acquitted of all other payments in the consideration aforesaid. -
The surveyor was not to set out any land within the limits of this Indian purchase, until the money above mentioned be paid and secured as aforesaid.
The lands taken up by order of Dr. Cox, above the falls of
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Delaware, every proprietor taking up any part thereof, was to pay Dr. Cox, or his order, twenty-five shillings per thousand acres, and two shillings and sixpence yearly consideration, till the money be paid.
At a meeting of the proprietors, held at Burlington, the 18th of September, 1688, Samuel Jennings was appointed commis- sioner to examine all deeds, and take a minute of the same, to issue warrants to the surveyor gereral, for the surveying and taking up of lands for the inhabitants within the county of Burlington, or to any others as occasion should require ; and John Reading was appointed to perform the same service within the county of Gloucester, and to all others as occasion should require ; and for every warrant for land under one hundred acres, they were to receive the sum of one shilling; and one hundred acres and above, and under one thousand acres, the sum of eighteen pence; and one thousand acres and above, the sum of two shillings and sixpence, the amount to be collected out of the land.
Wherever demand was made of them, the said commissioners were required to deliver to council a copy of their minutes taken by them from time to time, and Andrew Robeson, the surveyor general, was, upon demand of council, required to make return to them of all warrants for land executed by him that had not been previously returned.
Mahlon Stacy, John Day, William Wood, and John Hollins- head were appointed rangers* for the county of Burlington, and upwards, and John Kay, Thomas Sharp, and Israel Helme, Jr., rangers for the county of Gloucester.
No person or persons were permitted to purchase lands from the Indians without the consent of council first obtained; other- wise, they were to be prosecuted as common enemies.
John Skene was appointed by the secretary and register general of the dominion and territories of New England, to receive the records, rolls, and papers of Thomas Revell and John Reading, and made a demand for the same.
* In England, a sworn officer of a forest, appointed by the King's letters patent, whose business was to walk through the forest, watch the deer, prevent trespasses, &c., keepers of the parks.
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The matter was laid before council, at ameeting held at Burlington, on the roth day of the eighth month, 1688, where- upon they ordered that all rece rds relating to government, may be delivered according to the secretary's order, except such as relate to lands which they judge to be the proprietor's property, which ought to remain with them.
The council met, pursuant to adjournment, on the eleventh of the eighth month, when it was agreed that all deeds granted only by Edward Byllinge, in and before the year 1682, were adjudged insufficient for the commissioners to grant warrants upon.
Instructions were given to the commissioners in examining deeds and granting warrants for taking up lands.
They were to grant no warrants but upon the production of good deeds, authentic copies, or an extract of the record of such deed under the register's hand.
A particular warrant was to be given for every several deed, or particular purchase.
The president of council was, from time to time, to grant warrants for the commissioners, for the taking up of their own lands.
In the year 1691, Dr. Cox conveyed the government of West Jersey and territories, to the West Jersey Society, consisting of Sir Thomas Lane, knt., Michael Watts, Edward Harrison, Thomas Skinner, James St. Johns, Nicholas Hayward, Mordecai Abbot, Nicholas Battersby, Robert Curtis, John Jurin, Richard Bramhall, Robert Mitchell, Charles Mitchell, James Boddington, John Gunston, Arthur Shallet, John Lamb, William Wightman, Joseph Brooksbank, William Thompson, Henry Harrington, John Love, Thomas Phipps, Isaac Cocks, John Sweetable, Thomas Bromfield, John Norton, Robert Hackshaw, John Bridges, Joseph Paise, Edward Richier, William Dunk, Edward Habberdfield, John Alberson, Edward West, Edward Pauncefort, Obadiah Burnet, Francis Michel, Benjamin Steel, John Slavey, Nehemiah Erwing, John Wilcocks, Richard Mayo, Jonah Nette- way, William Brooks, Tracey Pauncefort, Joseph Allen, and Richard Greenaway.
The first settlers of the Yorkshire tenth, in West Jersey, had
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several of them built upon the low lands, near the falls of Dela- ware,* in 1676, where they had lived, and been improving about sixteen years. ยท
The Indians had told them that their buildings were liable to be damaged by freshets in the river Delaware, the situation of the place rendering such a thing probable.
They had, however, erected several wooden tenements, with outhouses, which in the spring were accordingly demolished. The snows suddenly melting above caused an uncommon over- flow of the river, greater than has ever been known before or since.
This flood came upon the inhabitants so unexpectedly, that many were in their houses, surrounded by the water, from whence they were conveyed by neighbors, in canoes, to the shore opposite. The water continued to rise until it reached the upper stories of some of their houses, when most or all of them gave way, and were dashed to pieces, and many of their cattle were drowned ; beds, kettles, and other furniture were afterward picked up on the shores below. The damage occasioned by it was considerable, and the inhabitants were very much alarmed.
Two persons, in one house, who were carried away by the sweeping current, lost their lives before they could be rescued.
By this accident, the inhabitants were taught to fix their habi- tations on higher ground.
This was called the great flood at Delaware Falls, and occurred in 1692.
In the spring of this year, the proprietors of West Jersey first appointed Col. Andrew Hamilton to be their governor.
Thomas Olive died about this time. He had been a man of importance ever since the first settlement of West Jersey. He came over as one of the London commissioners, in 1677, to buy the lands of the natives, inspect the rights of such as claimed property, to order the lands laid out, and in general, to admin- ister the government, with the other proprietors, of whom there were eight besides himself. He was governor in 1684, in which station he behaved with such prudence and circumspection as to
*Trenton.
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give general satisfaction. While a common magistrate, he pos- sessed a ready method in transacting business, often doing it to good effect, in the seat of judgment, on the stumps in his meadows. When complaints were made to him which he thought were sudden, and without giving the matter proper con- sideration, he endeavored to postpone them until cool delibera- tion had shown them to be justly founded, and then he seldom failed of giving satisfaction to all parties.
He had been imprisoned, and had suffered in other respects on account of his religion in England (being a Quaker), but by his preaching and writings, as well as his public and private conduct, he had gained the general love and esteem of all who had any dealings with him.
In September, 1694, Thomas Gardiner departed this life. He was one of the early settlers at Burlington, and filled several public stations in the government of West Jersey. He was possessed of a good character, and had considerable knowledge of different kinds of business ; was an exemplary member of society, and highly esteemed for his religion. His son Thomas was one of the council of proprietors in 1703, to mark out the land purchased from the Indians, and to get a deed for the same.
John Woolston, one of the early settlers at Burlington, who came over in 1677, and had lived at his first place of settlement for over twenty years, enduring the fatigue of a new settlement -who had proved himself a ready friend and neighbor, and a valuable member of society-died in the early part of 1698.
The year 1701 was a memorable one in the history of New Jersey, on account of the disturbances and commotions that agitated several parties here, and the change of government that followed in consequence. Each province had many and differ- ent proprietors, who advanced separate schemes and interests, which sometimes interfered one with another.
To facilitate their particular purposes, one party would assume the choice and management of a governor, while another would refuse any but the one nominated by them, and a third would object to proposals from either. They refused to listen to moderate counsels, party discord took place, and instead of peace and order, corruption, for a time, seemed to hold sway ;
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every expedient to restore union and regularity proved unsuc- cessful, factions prevailed, and animosities were cherished to that extent, that time seemed only to impart opportunities for accumulating fresh occasions for disgust.
In order to understand these things more fully, we must go back to 1698. Jeremiah Basse, under pretence of a commission he had received from some of the proprietors of East Jersey, with the approbation of the King, superseded Andrew Hamilton, the then governor of both East and West Jersey. But the next year it was ascertained that Basse had not received the approval of the King to his commission, nor had it been granted by enough of the proprietors to make it valid, which induced great numbers of the inhabitants to refuse obedience to him, and to the magistrates and officers appointed by him; and some persons were imprisoned for refusing obedience, others resented it with very great indignation, and the consequence was, feuds and confusion followed.
To endeavor to reconcile matters, and restore peace and har- mony to the colony, and to patch up matters for the present, Andrew Hamilton was again appointed governor, and given a new commission from the proprietors, but a great number refused obedience to him, and the magistrates and officers under him, in like manner and for the same reasons that they refused to obey Basse and those he appointed. They had no particular objection to Hamilton, but to the mode of his appointment, as they did not consider it legal, not having received a sufficient number of the proprietors, and being without the sanction of the King.
The disorders in the eastern division, during this time, made such an impression on the minds of many of the people, that they readily hearkened to overtures made for a surrender of the government .*
A considerable part of West Jersey was also, for similar rea- sons, disposed to a resignation.
The commotions in both, which had been increasing for some
* Long before, according to the representation of the lords of trade, October 2d, 1701, " the proprietors of East Jersey did surrender their pre- tended right of government to King James, in the month of April, 168S, and which was accordingly accepted by him."
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years, now seemed to have reached a crisis, and all things seemed to tend towards a surrender of the powers of govern- ment, which was brought about in the beginning of the following year.
In the meantime, sundry petitions and remonstrances were sent home, complaining of their grievances and the confusion the colony was in, and praying for redress.
In the year 1702 the surrender was made, by a lengthy instru- ment signed by both divisions of East and West Jersey, of their pretended right of government, to Her Majesty, in which they recited the letters patent of James, Duke of York, under which he held the said territory, that the present proprietors were unable to govern the same, in consequence of not possessing the legal right so to do, but that it belonged to Her Majesty, in right of her crown of England, to constitute governors of the said provinces, and to give directions for governing the same as she should think fit.
They being desirous of submitting themselves to Her Majesty, were willing to surrender all their pretences to the said powers of government, to the intent Her Majesty may be pleased to constitute a governor or governors of the same provinces, with such powers, privileges, and authorities for the government thereof, and making of such laws there, with the consent of the assembly of the said provinces, and Her Majesty's subsequent approbation thereof, as Her Majesty, in her great wisdom, shall think fit and convenient.
The surrender was signed by forty-seven of the present pro- prietors of East and West Jersey.
They further state that they have surrendered and yielded up, and by these presents for us and our heirs, do surrender and yield up unto our sovereign Lady Anne, by the Grace of God, Queen of England, Scotland, France, and Ireland, defender of the faith, &c., her heirs and successors, all these the said powers and authorities, to correct, punish, pardon, govern, and rule all or any of Her Majesty's subjects, or others who now inhabit within the said provinces of East and West Jersey, or either of them, "and also to nominate, make, constitute, ordain, and confirm any laws, ordinances, and directions, and instruments for these
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purposes, or any of them, and to nominate or appoint, revoke, discharge, change, or alter any governor or governors, officers, or ministers, which are or shall be appointed, made, or used within the said provinces, or either of them, and to make, ordain, and establish any orders, laws, directions, instruments, forms, or ceremonies of government and magistracy, for or concerning the government of the provinces aforesaid, or either of them, &c., &c.
This was dated the 15th day of April, in the year of our Lord 1702, and signed by the proprietors of the eastern and western divisions.
The Queen's acceptance of the surrender of the government was dated at the court of St. James, the 17th of April, 1702, at which were present the Queen's Most Excellent Majesty, His Royal Highness Prince George of Denmark, the Lord Keeper, Lord President, Lord Steward, Duke of Bolton, Duke of Schlum- berg, Duke of Leeds, Lord Great Chamberlain, Earl Marshal, Lord High Admiral, Lord Chamberlain, Earl of Dorset, Earl of Manchester, Earl of Stamford, Earl of Burlington, Earl of Radnor, Earl of Berkely, Earl of Rochester, Earl of Marl- borough, Earl of Bradford, Earl of Romney, Earl of Ranalagh, Lord Ferrars, Lord Godolphin, Mr. Comptroller, Mr. Vice Chamberlain, Mr. Secretary Vernon, Mr. Chancellor of the Exchequer, Lord Chief Justice, Sir Charles Hedges, and Mr. Smith.
The following record was made : This day the several proprie- tors of East and West New Jersey, in America, did, in person, present a deed of surrender, by them executed under their hands and seals, to Her Majesty in council, and did acknow- ledge the same to be their act and deed, and humbly desire Her Majesty to accept the same, that it might be enrolled in the court of chancery, whereby they did surrender their power of the government of those plantations, which Her Majesty graciously accepted, and was pleased to order, as it is hereby ordered that the same be enrolled in Her Majesty's said high court of chan- cery, and the said instruments to be delivered to Mr. Attorney- General, who is to take care that the same be enrolled accord- ingly.
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Directly after the surrender, Edward Hyde (Lord Viscount Cornbury), grandson of the great Chancellor Clarendon, was ppointed governor of Nova Casaria, or New Jersey. His commission bears date December 5th, 1702, being the first year of the reign of Queen Anne.
She issued lengthy instructions to her right trusty, and well beloved Edward Lord Cornbury, our captain-general and gov- ernor-in-chief, in and over our province of Nova Casaria, or New Jersey, in America. Given at the court of St. James, the 16th day of November, 1702, in the first year of our reign.
He was ordered to repair with all convenient speed to the province, and, being there arrived, to take upon him the execu- tion of the place and trust reposed in him, and forthwith to call together the following persons, whom we do, by these presents, appoint and constitute members of our council in and for that province, viz .: Edward Hunloke, Lewis Morris, Andrew Bowne, Samuel Jennings, Thomas Revell, Francis Davenport, William Pinhorne, Samuel Leonard, George Deacon, Samuel Walker, Daniel Leeds, William Sanford, and Robert Quarry,* Esquires.
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