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 14
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At the first meeting of the council, he was with all due solem- nity, to cause the commission under the great seal of England, constituting him captain-general and governor-in-chief, to be read and published, and to cause proclamation to be made in the several most public places in the province of his being consti- tuted by the Queen, as captain-general and governor-in-chief. After this he was to take, and then administer to each of the members of council, the oath of office. He was then to com- municate to the council such instructions received from the home government as he might deem requisite.
He was commanded to avoid engaging in with any of the parties who had previously, by their enmity to each other,
* Quarry was said to belong to the council for five governments at the same time, viz .: New York, New Jersey, Pennsylvania, Maryland, and Virginia. He died about the year 1712. Beverly, in his history of Virginia, represents him as joining with Nicholson, the then governor of that colony, in unfavor- able representations against the colonies.
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caused divisions in the province, but to endeavor to unite the different conflicting interests.
The members of council were to enjoy freedom of debate and vote, in all affairs of public concern.
Three members of council were to form a quorum, but they were not to act with a quorum of less than five members, except in cases of necessity.
The governor was to transmit to the crown the names of six persons, together with their characters and qualifications, who were inhabitants of the eastern division, and also six of the western division, whom he should esteem best qualified as coun- cillors, and so from time to time as any should die, depart out of the province, or become unfit, in order that the list may be always complete.
All the officers so nominated for council, as also the principal officers, judges, assistants, justices and sheriffs, were to be men of good character, of good estates and abilities, well affected towards the government, and not much in debt.
The council as established was not to be augmented or dimin- ished, and none of the members were to be suspended without good and sufficient cause.
In order the better to consolidate the two divisions of East and West Jersey under one government, he was to call a gen- eral assembly for the enactment of laws for the mutual good of the whole. The first general assembly was to sit at Perth Amboy, in East Jersey, and the next one at Burlington, in West Jersey, and the future assemblies were to sit at those places alternately.
The assembly was to be composed of twenty-four representa- tives, to be chosen, two by the inhabitants householders of the city or town of Perth Amboy, in East New Jersey ; two by the inhabitants householders of Burlington, in West New Jersey ; ten by the freeholders of East New Jersey, and ten by the freehold- ers of West New Jersey ; and no one was eligible to be elected or sit in the assembly, who did not own one thousand acres of land in his own right, within the division for which he was chosen, and no one was allowed to vote, unless he owned one
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hundred acres of land in his own right, within the division for which he should so vote .*
Each different matter was to be provided for by a separate law, and none were to be intermixed in the same act, that had no proper relation to each other, or that was foreign to the title of the act.
No one was to be allowed to purchase any lands from the Indians, except the general proprietors.
He was to cause a census to be made of the population of the inhabitants of the province, and to keep an account of all per- sons born, christened, and buried.
He was to take especial care that God Almighty be devoutly and duly served throughout the government ; the book of com- mon prayer, as by law established, be read each Sunday and holy day, and the blessed sacrament administered according to the rites of the church of England. Liberty of conscience was to be extended to all persons except papists.
They were to give due encouragement to merchants and others, and in particular the Royal African Company of Eng- land, and the crown recommended unto said company that the province may have a constant and sufficient supply of merchant- able Negroes, at moderate rates, in money or commodities. No trading from said province was to be allowed to any place in Africa within the charter of the Royal African Company, other- wise than was prescribed by act of parliament, entitled, " An act to settle the trade to Africa." And they were to report yearly to the commissioners the number of Negroes that were brought into the province and at what rates.
* The mode of distribution was changed by royal decree of Queen Anne, on the 3d of May, 1705, by which Perth Amboy was allowed to choose two, Burlington two, Salem two, two by each of the five counties of East Jersey, and two by each of the four counties of West Jersey, still keeping the number at twenty-four. No person was to be chosen or sit in the assembly unless he owned one thousand acres of land in the division, or personal estate to the value of five hundred pounds sterling, either in money, goods or chattels, and no one was allowed to vote unless he had one hundred acres of land, or per- sonal estate in money, goods or chattels amounting to the value of fifty pounds sterling.
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Appeals from the courts were to be made to the governor and council, provided the sum or value of the same exceeded one hundred pounds sterling, and in case the parties were then not satisfied they were to be allowed to appeal to the crown, in case the matter exceeded two hundred pounds sterling.
He was, by the assistance of the council and assembly, to find out the best means to facilitate and encourage the conversion of Negroes and Indians to the christian religion.
No person was allowed to keep a press for printing, nor was any book, pamphlet or other matters whatsoever, allowed to be printed without the especial leave or license first obtained from the governor.
CHAPTER VIII.
1703-1707.
Union of the two Provinces of East and West Jersey-Surrender to the Queen-Inconveniences in regard to currency-Conflict between the Assembly and Governor, by which he dissolves them -Cornbury assumes to be judge of the qualifications of members of Assembly-Resistance by the House-Remedies proposed to meet the evils in the Province-Queen Anne sustains the Assem- bly and removes the Governor.
T HE distinction of the two provinces of East and West Jersey were, as to the government, after this time laid aside, and both were united in one under the name of Nova Casaria, or New Jersey, and all proceedings after that time were of a more uniform mode than they had been previously.
It was supposed that the surrender would restore peace and harmony in the province; in fact, such was the intention in making it, but in a short time we find them jointly struggling to preserve their privileges against what to them appeared to be the encroachments of the governor, who if his abilities had been equal to his birth and the interest he possessed in the province, he would have proved as formidable an antagonist as any that had come to the colonies, besides his noble birth, being the first cousin of Queen Anne, and son of a family that had received great merit in the revolution for valiant services performed. Having such an interest in the colony, with the disposition to promote harmony, had he not listened to the various factions who meanly sought to trumpet their own animosities, he might have accomplished the restoration of peace and quiet to the then distracted colony, and have laid the foundation for prosper- ity and greatness to the province, which was the principal aim
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in sending him hither ; but this he utterly failed to accomplish, and his mission to that end proved a fruitless one, and the very work it was expected, and which he was sent to do, had to be done by another.
He was a man of noble birth, and inherited his titles from a long line of ancestors, who had always stood high in his native country, yet he had not the prowess to battle against the differ- ent factions he found in the province upon his assuming, by direction of the crown, the reins of government.
He had a large interest in the colonies, and his desire was for peace, but instead of using his own discretion in governing, he had a desire to please all, and by that means involved himself in constant turmoil and difficulties, and in striving to please all, he gave satisfaction to none, whereas had he pursued a different course, he would have rendered greater satisfaction.
Lord Cornbury arrived in New Jersey in the month of August, 1703, and his first act was to publish his commission, both at Amboy and Burlington. He then returned to his government at New York, where he remained but a short time, when he returned to New Jersey, and convened the assembly to meet on the Ioth of November at Perth Amboy .* Thomas Gardiner was chosen speaker. t
He was presented and accepted, and then in conformity with the practice of parliament, they made a demand of the par- ticular privileges of assemblies, as follows :
I. That the members, with their servants, shall be free from arrests or being molested in any way, during the session.
2. That they have free access to His Excellency's person, when occasion requires.
* The first representatives were Obadiah Bown, Jedediah Allen, Michael Howden, Peter Van Este, John Reid, John Harrison, Cornelius Tunison, Richard Hartshorne, Col. Richard Tounley, for the eastern division; and Thomas Lambert, William Biddle, William Stevenson, Restore Lippincott, John Kay, John Hugg, Jr., Joseph Cooper, William Hall, John Mason, and John Smith, for the western division; Peter Fretwell and Thomas Gardiner, for the town of Burlington; and Thomas Gordon and Miles Forster, for the city of Perth Amboy.
t Son of him whose death was mentioned before.
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3. That they may have liberty of speech, and a favorable construction of all debates that may arise among them.
4. That if any misunderstanding shall happen to arise be- tween the council and, the house, that in such a case a committee of the council may be appointed to confer with a committee of the house, for adjusting and reconciling all such differences.
5. That these requests may be approved by His Excellency and council, and entered in the council books.
The governor, in answer, told them that he granted the three first, as the just and undoubted right of the house, but rejected the fourth as an innovation, and accordingly ordered an entry of the same in the council books, after which he made an address to the council and general assembly as follows :
"GENTLEMEN :- The proprietors of East and West New Jersey, having, upon very mature consideration, thought fit to surrender to Her Most Sacred Majesty, the Great Queen of Eng- land, my mistress, all the powers of government which they supposed were vested in them, the Queen has been pleased to unite these formerly two provinces, now into one, under the name of Nova Casaria, or New Jersey Her Majesty has been pleased graciously to honor me with the trust of this government, and has commanded me to assure you of her protection upon all occasions, and you may assure yourselves that under her auspicious reign, you will enjoy all the liberty, happiness and satisfaction that good subjects can wish for, under a most gracious Queen, and the best laws in the universe (I mean the laws of England), which all the world would be glad to partake of, and none are so happy to enjoy but those whose propitious stars have placed under the most happily constituted monarchy. I will not question but that you on your parts, will do all that can be expected from faithful subjects, both for the satisfaction of the Queen, and the good and safety of your country, which must be attended with general satisfaction to all people.
"In order to attain these good ends, I most earnestly recom- mend it both to you, gentlemen of Her Majesty's council, and you, gentlemen of the assembly, to apply yourselves heartily and seriously to the reconciling the unhappy differences which have happened in this province ; that as the Queen has united
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the two provinces, so the minds of all the people may be firmly united in the service of the Queen and good of the country, which are all one, and cannot be separated without danger of destroying both.
"Gentlemen, you are now met in general assembly on pur- pose to prepare such bills to be passed into laws, to be trans- mitted into England for Her Majesty's approbation, as may best conduce to the settling of this province upon a lasting founda- tion of happiness and quiet ; only I must recommend it to you, that the bills you shall think fit to offer, may not be repugnant to the laws of England, but, as much as may be, agreeable to them. I must recommend to you, gentlemen, in the wording of your bills, to observe the style of enacting by the governor, council and assembly, and likewise that each different matter may be enacted by a different law, to avoid confusion.
"In all laws whereby you shall think fit to grant money, or to impose any fines or penalties, express mention may be made that the same is granted or reserved unto Her Majesty, her heirs or successors, for the public use of this province, and the sup- port of the government thereof.
"Gentlemen, I am farther commanded by the Queen, to recommend it to you, to raise and settle a revenue for defraying the necessary charges of the government of this province, in order to support the dignity of it.
" I am likewise commanded to recommend to your care the preparing one or more bill or bills whereby the right and pro- perty of the general proprietors to the soil of this province may be confirmed to them, according to their respective titles, to- gether with all quit rents and all other privileges as are expressed in the conveyances made by the Duke of York, except only the right of government, which remains in the Queen.
" Now, gentlemen, I have acquainted you with some of those things which the Queen is desirous to have done. I shall like- wise acquaint you that Her Majesty has been graciously pleased to grant to all her subjects in this province (except papists) liberty of conscience. I must further inform you that the Queen has commanded me not to receive any present from the general assembly of this province, and that no person who may succeed
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me in this government may claim any present for the future. I am commanded to take care that Her Majesty's orders may be entered, at large in the council books, and the books of the general assembly.
"Now, gentlemen, I have no more to offer you at this time, only I recommend to you dispatch in the matters before you, and unanimity in your consultations, as that which will always best and most effectually conduce to the good of the whole."
The governor's speech having been read in the house, the fol- lowing address was made :
" May it please your Excellency :
" I am commanded by this house to return your Excellency our hearty thanks for your Excellency's many kind expressions to them contained in your Excellency's speech, and it is our great satisfaction that Her Majesty has been pleased to constitute your Excellency our governor.
" We are well assured the proprietors, by their surrender of their rights to the government of this province, have put us in circumstances much better than we were in under their adminis- tration, they not being able to protect us from the villainies of wicked men, and having an entire dependence on Her Majesty that she will protect us in the full enjoyment of our rights, liber- ties and properties, do thank your Excellency for that assurance you are pleased to give us of it, and think our stars have been very propitious in placing us under the government and direction of the greatest of Queens, and the best of laws. And we do entreat your Excellency to believe that our best endeavors shall not be wanting to accomplish those things which shall be for the satisfaction of the Queen, the general good of the country, and (if possible) to the universal satisfaction of all the people. With our prayers to the God of Heaven, we shall join our utmost endeavors to unite our unhappy differences, and hope, with the assistance of your Excellency and council, it will not be impos- sible to accomplish that blessed work. We shall follow the directions given in your Excellency's speech, with what dispatch the nature of the things require, and hope that all our consulta- tions may conduce to the best and greatest ends.
" Memorandum : that all the members of this house do agree
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to the subject matter above written, though several of them dissent from some of the expressions therein contained."
This address having been presented, the assembly, after regu- lating the elections complained of, prepared several bills, only one of which, that relating to the purchase of lands from the Indians, which was prepared in accordance with an article in Cornbury's instructions, received the sanction of the governor.
This bill prohibited purchases or gifts of land being made or received from the Indians without license from the proprietors, after December Ist, 1703, under penalty of forfeiting forty shillings per acre. It was also retrospective and made void all Indian bargains, gifts, leases or mortgages, without an English title, unless covered with a propriety right in six months there- after.
The governor put an end to this session on the 13th of December, by notifying the assembly that the season being far advanced, it was absolutely necessary to conclude their business.
That he wished the several bills before him and them could have been dispatched, but that the matters contained in them were of so great moment, the difficulties so many and the time so short, that it was impossible to finish.
That being now acquainted with the nature of those difficul- ties, they should come prepared in the spring to remove them, and provide such good laws as might effectually ascertain the rights of the several proprietors, and fully secure every man's property.
These being the points which would most conduce to the peace and welfare of the colony, he recommended the council and assembly to employ their serious thoughts, that the most effectual means to attain those desirable ends might be discovered, and to point out other useful laws, and then he concludes with obser- ving that they would ever find him ready to consent to all such things as should be for the good of the whole.
Great inconveniences were experienced in the year 1704, in consequence of the same coin bearing different values in the provinces on the continent. To remedy this by one general medium, Queen Anne published her proclamation for ascertain- ing the value of foreign coin in America, by which she reduced
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all foreign coins to the same current rate within all her dominions in America.
In order to show the just proportion which each coin ought to have to the other, she set forth in this proclamation that Sevill pieces of eight, old plate, weighing seventeen penny- weights twelve grains, should pass at the rate of four shillings and sixpence ; Sevill pieces of eight,* new plate, fourteen penny- weight, three shillings and sevenpence one farthing; Mexico pieces of eight, seventeen pennyweights twelve grains, four shil- lings and sixpence ; pillar pieces of eight, seventeen penny- weights twelve grains, four shillings and threepence six farthings ; Peru pieces of eight, old plate, seventeen pennyweights twelve grains, four shillings and sixpence, or thereabouts ; cross dollars, eighteen pennyweights, four shillings and fourpence three farthings ; ducatoons of Flanders, twenty pennyweights and twenty-one grains, five shillings and sixpence ; eau's of France, or Silver Louis, seventeen pennyweights twelve grains, four shillings and sixpence ; crusadees of Portugal, eleven penny- weights four grains, two shillings and tenpence one farthing ; the silver pieces of Holland, twelve pennyweights and seven grains, five shillings and twopence one farthing ; old rix dollars of the empire, eighteen pennyweights and ten grains, four shil- lings and sixpence ; the half, quarters and other parts in pro- portion to their denominations, and light pieces in proportion to their weight.
From and after the Ist day of January, 1705, no Sevill, pillar, or Mexico pieces of eight, though of the full weight of seventeen pennyweights and a half, was to be accounted, received, taken or paid, within any of the colonies or plantations, at above the rate of six shillings per piece, current money, for the dis- charge of any contracts or bargains to be made after the said Ist day of January ; the halves, quarters, and other lesser pieces of the same coins, to be accounted, received, taken, or paid in the same proportion, and the currency of all pieces of eight of Peru, dollars and other foreign species of silver coins, whether the same or baser alloy, shall, after the said Ist day of January,
* Eight to a dollar.
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stand regulated according to their weight and fineness, and in proportion to the rate before limited, and set for the pieces of Sevill, pillar and Mexico. So that no foreign silver coin of any sort, be permitted to exceed the same proportion upon any account whatsoever.
This proclamation was dated at Windsor castle, June 18th, 1704, in the third year of the reign of Queen Anne.
Cornbury met the assembly at Burlington, the 7th of Septem- ber, and his first recommendation to them was to prepare a bill to ascertain the rights of the general proprietors to the soil of the province, and to settle a fund for the support of govern- ment. He also took occasion to urge upon them the passage of a law to establish a militia, and also to establish a watch house on the Navesink hills. This was caused in consequence of a French privateer having committed a number of depredations on the settlers at Sandy Hook and the surrounding country.
They took these matters into consideration, but it appears that their acts did not suit the governor, for on the 28th, he abruptly sent for and dissolved them, and issued writs for a new election, and for the new assembly to meet at Burlington, on the 13th of November following.
This election was so managed, that a majority of the members returned were in accord with the governor.
They met at the time, but were divided in their choice for a speaker. The two candidates were Peter Fretwell and John Bowne, the votes for each being equal, they called upon their clerk, William Anderson, to give the casting vote, which he gave to Fretwell, who was accordingly placed in the chair,* then receiving the speech, they, by an address, complimented Corn- bury with going through the affairs of government with great diligence and exquisite management, to the admiration of his
* The members of this assembly were John Bowne, Richard Hartshorn. Richard Salter, Obadiah Bown, Anthony Woodward, John Tunison, John Lawrence, Jasper Crane, Peter Van Este, Thomas Gorden, John Barclay, and John Royse, for the eastern division; and for the western division, Restore Lippincott, John Hugg, John Kay, John Smith, William Hall, John Mason, Thomas Bryan, Robert Wheeler, Peter Fretwell, Thomas Lambert, Thomas Gardiner, and Joshua Wright.
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friends, and envy of his enemies, and passed a bill to raise two thousand pounds,* per annum, by tax, for the support of govern- ment, which was to continue two years.
At this session they passed several other laws, among which was one for establishing a militia, by the unnecessary severity of which those conscientiously scrupulous of bearing arms were great sufferers.
On the 12th of December, the governor adjourned them till next year, with more encomiums on their conduct than many of them received from their constituents on their return home, for their servility to the governor was almost universally condemned. During this session they had tamely submitted to the arbitrary will of Cornbury, to deprive them of three of their best mem- bers-Thomas Gardiner, Thomas Lambert, and Joshua Wright -- under pretence of their not owning sufficient land to qualify them for a seat in the body, though they were well known to be men of sufficient estates.
The assembly again met at Amboy, in 1705, at which those who had composed the previous assembly declared in regard to these men, the members had heretofore satisfied the house of their being duly qualified to sit in the same, and they were then admitted, after the purposes of their exclusion had been fully answered. This session was in October and November, but nothing of much consequence was transacted, and the session which followed at the same place, in October, 1706, also prov- ing unsuccessful, Cornbury again dissolved the assembly.
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