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 19

Author: Raum, John O., 1824-1893
Publication date: 1877
Publisher: Philadelphia : J.E. Potter and Co.
Number of Pages: 908


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 19


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The assembly at the sessions last mentioned fixed for salary and incidental charges, six hundred pounds per annum. For two years this had been the accustomed support since the surren- der, except once in Lord Cornbury's time, five hundred pounds was provided in the succeeding administrations.


This was continued until Lewis Morris became governor of


the north side of the mouth or entrance of Little Egg Harbor. All the lands, islands and waters eastward of this line, was to be forever known as the eastern division, while those on the west were to be the western division of the province.


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New Jersey, separate from New York, when it was augmented to one thousand pounds per annum and sixty pounds house rent, with five hundred pounds additional the first year, for expenses attending the voyage, &c.


Soon after his arrival Governor Burnet met the assembly, when but little business was thought necessary, neither did they very well agree. That house had been continued a long time, and were now dissolved, and writs issued for a new election.


The members returned were convened early in the spring of 1721, and chose Dr. John Johnston speaker.


The members of council named in the instructions to Gover- nor Burnet were Lewis Morris, Thomas Gordon, John Anderson, John Hamilton, Thomas Byerly, David Lyell, John Parker, John Wiles, John Hugg, John Johnston, Jr., John Reading, and Peter Bard.


The members of this house of assembly were John Johnston and Andrew Reading, for Perth Amboy ; John Kinsey and Moses Rolph, for the county of Middlesex ; Robert Lettis Hooper and Thomas Leonard, Somerset ; Josiah Ogden and Joseph Bonnel, Essex ; William Provost and Isaac Vangezon, Bergen ; William Lawrence and Garret Schank, Monmouth ; John Allen and Jon- athan Wright, town of Burlington ; William Trent and Thomas Lambert, county of Burlington ; Samuel Cole and John Mickle, Gloucester ; John Mason and Thomas Mason, town of Salem ; Isaac Sharp and Bartholomew Wyatt, county of Salem ; Hum- phrey Hughes and Nathaniel Jenkins, Cape May.


Governor Burnet delivered the following address :


" Gentlemen :- The choice which the country has made of you to represent them, gives me a happy opportunity of knowing their sentiments. Now, when they have been fully informed of mine in the most public manner, I have no reason to doubt that after so much time given them to weigh and consider every particular, you bring along with you their hearty resolutions to support His Majesty's government in such an ample and honora- ble manner as will become you to offer, and me to accept ; and in doing this, I must recommend to you not to think of me* so


* Whether an alteration in sentiment or instructions, or both, was the cause, must be left to conjecture; but while Burnet was governor of Massachusetts


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much as of the inferior officers of this government, who want your care more, and whose salary have hitherto amounted to a very small share of the public expense. I cannot neglect this occasion of congratulating you upon the treasures lately dis- covered in the bowels of the earth, which cannot fail of circulating for the general good, the increase of trade, and the raising the value of estates. And now you are just beginning to taste of new blessings; I cannot but remind you of those which you have so long enjoyed, and without which all other advan- tages would but have increased your sufferings under a Popish King and a French government.


"You can ascribe your deliverance from these to nothing but the glorious revolution begun by King William the Third, of immortal memory, and completed by the happy accession of his present majesty King George to the throne of Great Britain, and his entire success against his rebellious subjects at home, and all his enemies abroad.


"To this remarkable deliverance, by an overruling hand of Providence, you owe the preservation of your laws and liberties, the secure enjoyment of your property, and a free exercise of religion, according to the dictates of your conscience. These invaluable blessings are so visible among us, and the misery of countries where tyranny and persecution prevail so well known, that I need not mention them to raise in your minds the highest sense of your obligations to serve God, to honor the King, and love your country.


"W. BURNET."


The assembly, through John Johnston, their speaker, delivered the following address to the governor :


" May it please Your Excellency :


" We gladly embrace this opportunity to assure Your Excel- lency that our sentiments and those we represent, are one and


Bay his conduct was different .. There he insisted for several years with the greatest firmness on an indefinite support, and pursued it through the planta- tion boards, privy council, and even to the parliament itself, where his death prevented its coming to a conclusion ; but his course was entirely different here, as he appears to manifest more interest in the subordinate officers of the province than for himself.


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the same, cheerfully to demonstrate our loyalty to our sovereign King George, and submission to his substitute, and readiness to support his government over us in all its branches, in the most honorable manner the circumstances will allow, which we hope Your Excellency will accept of, though it fall short of what the dignity of His Majesty's governor and the inferior officers of the government might expect were the province in a more flourishing condition.


"We thankfully acknowledge Your Excellency's congratula- tion, and doubt not when the imaginary treasures (except Mr. Schuyler's) becomes real, the country will not be wanting in their duty to His Majesty in making Your Excellency and the officers of the government partakers of the advantage. We doubt not but Your Excellency will extend your goodness to counte- nance any proposal that may tend to the public utility.


"We hope Your Excellency will excuse us in falling short of words to express our thankful acknowledgments to God Almighty and those under him, who have been instruments in working deliverance to that glorious nation to which we belong from popery, tyranny, and arbitrary power, wishing it may always be supplied with great and good men, that will endeavor their utmost to maintain His Majesty's royal authority, and assert and defend the laws, liberties and properties of the people against all foreign and domestic invaders.


"We beg Your Excellency to believe the sincerity of our thoughts, that there are none of His Majesty's subjects that entertains hearts more loyal and affectionate, and desire more to testify their duty, gratitude and obedience to their sovereign King George, his issue, and magistrates of their respective de- grees, than doth the representatives of His Majesty's province of New Jersey.


" JOHN JOHNSTON, Speaker."


Sundry bills were prepared during this session, among these one whose title is too singular to be omitted. It was, " An act against denying the divinity of our Saviour Jesus Christ, the doctrine of the Blessed Trinity, the truth of His holy Scriptures, and spreading atheistical books."


This bill did not pass, but was rejected on its second reading.


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Assemblies in the colonies rarely troubled themselves with these subjects, perhaps never before or since. It probably arose from the inclination of the governor, who had a turn that way, and who had written a book to unfold some part of the Apocolypse.


The sessions continued nearly two months. The support of the governor was settled at five hundred pounds per year, for five years.


After this when several other bills had been passed, the gover- nor dismissed them with the following speech :


" Gentlemen .- I have so many reasons to thank you for your proceedings in this affair, that should I mention them all, time would not suffice me. Two I cannot but acknowledge in a par- ticular manner : the acts for the cheerful and honorable support, and for the security of His Majesty's government in this province.


" I cannot but say that I look upon the latter as the noblest present of the two, as I think honor always more than riches. The world will now see the true cause of our misunderstandings in the last assembly, and that we met in the innocency and simplicity of our hearts ; that the enemy had sown such seeds of dissension among us that defeated all our good purposes, and made us part with a wrong notion of one another.


" It has pleased God now to discover the truth, and no man in his sober senses can doubt that the hand of Joab was then busy, as it is now certain that it has been at this time.


" It is a peculiar honor to me to be thus justified in all my conduct by the public act of the whole legislature, and God knows my heart that I am not fond of power, that I abhor all thoughts of revenge, and that I study to keep a conscience void of offence towards God and towards man.


" After the publication of the acts, I desire you to return to your house, and after having entered this speech in your minutes, to adjourn yourselves to the first day of October next, that though it is not probable we should meet so soon, it may not be out of our power if occasion should be.


" May 5th, 1722.


W. BURNET."


Governor Burnet, after this, continued to preside over New


HISTORY OF NEW JERSEY. 225


York and New Jersey until 1727, when he was removed to Boston, and was succeeded by John Montgomerie, Esq., who continued in the position until his death, which happened July Ist, 1731, when the government devolved on Colonel Lewis Morris until August Ist, 1732.


He was succeeded by William Cosby, who also occupied the position until his death in 1736. The government then devolved on John Anderson, Esq., president of council.


Anderson died about two weeks afterwards, and was succeeded by John Hamilton, Esq., (son of Andrew Hamilton, governor in the time of he proprietors). Hamilton governed nearly two years.


In the summer of 1738, a commission arrived appointing Lewis Morris, Esq., as governor of New Jersey, separate from New York. . He continued in the office until his death in 1746. He was succeeded by President Hamilton, it being the second time he occupied the office by virtue of his being president of council.


Upon the death of Hamilton, which occurred soon after, he was succeeded by John Reading, Esq., the next oldest councillor, who continued to exercise the office until the summer of 1747, when Jonathan Belcher, Esq., arrived in the province. He continued in office ten years, and died in the summer of 1757.


Upon the death of Belcher, John Reading succeeded him, by virtue of being president of council. This was also the second time he had acted as governor, by virtue of his position in council.


Francis Bernard, Esq., arrived as governor in 1758, but in two years afterwards he was removed to Boston, and was suc- ceeded in 1760 by Thomas Boone, Esq., and the next year he was removed to South Carolina, and was succeeded here by Josiah Hardy, Esq., in 1761.


. Hardy was afterwards removed and appointed consul at Cadiz, &c., and in the spring of 1763 he was succeeded by William Franklin, Esq., the last royal governor.


At the breaking out of the war in 1776, he was known to be so wholly wedded to the crown as to be an enemy of the people of the province.



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On the 30th of May, 1776, he summoned the members of the legislature to meet the provincial congress, which was then in session. They passed a resolution declaring that the proclamation of William Franklin, late governor, ought not to be obeyed .*


Congress soon after declared him to be an enemy to the liberties of the country, and discontinued his salary as governor. Colonel Nathaniel Heard, who commanded the militia of Mid- dlesex county, was directed to arrest him, and take his parole in writing that he would not attempt to exercise any special authority in the province, and in case he should refuse to sign it to put him under strong guard, and keep him in close custody.


He refused to sign the parole, whereupon Colonel Heard surrounded his house with a guard of sixty men, and despatched a messenger to the congress asking further instructions. He was commanded to bring the late governor to Burlington.


The fact of his arrest and confinement by the provincial congress was then reported to the continental congress, at that time in session at Philadelphia; and they asked for instructions as to what disposition should be made of him, at the same time recommending that he be removed to some other province. They directed that he should be examined, and if, in their opinion, it was thought necessary that he should be confined, then the continental congress would direct in what way he should be imprisoned.


He was accordingly arraigned before the provincial congress on the 21st of June, and refused to answer any questions put to him by that body. He also denied the authority of that body over him, and denounced them in severe terms for having usurped the authority of the King in the province. He was accordingly ordered into close confinement, under a guard com- manded by Lieutenant Colonel Bowes Reed.


An order was received from the continental congress on the 25th of June, directing that he should be sent under guard to Governor Trumbull of Connecticut, who was requested to take his parole. Immediately after his release, Franklin sailed for England.


Although born in Philadelphia, and the son of one of the


* This resolution was passed by a vote of thirty-five to eleven against it.


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greatest patriots of the war, the great Benjamin Franklin, he yet remained loyal to the British government, and was a conspicuous enemy to American independence. His father refused all inter- course with him during the war, solely on the ground of the steps he had taken in reference to the struggle.


The governor wrote his father a letter under date of July 22d, 1784, proposing a reconciliation. The old patriot replied : "Nothing has ever hurt me so much and affected me with such keen sensations as to find myself deserted in my old age by my only son; and not only deserted, but to find him taking up arms against me in a cause wherein my good fame, fortune and life were all at stake." Governor Franklin died in England, No- vember 17th, 1813, in the eighty-third year of his age, having resided there thirty-seven years.


We have no knowledge that they ever became reconciled, for . Benjamin Franklin held the liberties of his country dearer than his own life, as was evidenced by the bold stand he took during the war, even in the pres ence of those he knew to be open and avowed enemies.


As before stated, Governor Burnet commenced his administra- tion in the year 1720, and during his time some of the most remarkable acts of the assembly were those for the support of the government, for which they made liberal provision. Five hundred pounds per annum for five years was voted as the salary of the governor, and at the same time they authorized the issue of bills of credit to the amount of forty thousand pounds, for the purpose of increasing the circulating medium of the province. The act authorizing the latter sets forth in its preamble the fact "that the country had been drained of its metallic currency, and the paper currency of the neighboring colonies never having been made a legal tender, and in consequence of the gold and silver formerly current in this province has been almost entirely exported to Great Britain and elsewhere, and therefore many hardships which His Majesty's good subjects within this colony lie under for want of a currency of money, and that both the neighboring provinces of New York and Pennsylvania, to which the exportation of this province is chiefly carried, have their currency of money in paper bills, and do pay for the produce of


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this province in no other specie, and which bills of credit of the neighboring provinces being no legal tender here, does expose the inhabitants to numerous vexatious suits for want of bills of credit in this province, by law made and declared a legal tender, as is done in the neighboring provinces."


It further set forth, in order to pay the small taxes for the support of the government, they have been obliged to cut down and pay in their plate earrings and other jewels,


The authorized issue of these were four thousand bills of three pounds each, eight thousand of one pound, eight thousand of fifteen shillings, eight thousand of twelve shillings, eight thousand of three shillings, twelve thousand of one shilling and sixpence, and fourteen thousand of one shilling.


Upon these bills were impressed the arms of Great Britain on the left side, and at the bottom of each and the value of the same, was printed near the top and bottom.


Loan offices were established in the several counties, and the bills were apportioned to them.


To Bergen county, two thousand nine hundred and twenty- pounds. Essex, four thousand eight hundred and ninety-three pounds. Middlesex, four thousand one hundred and sixteen pounds. Monmouth, six thousand and thirty-three pounds. Somerset, one thousand three hundred and seventy-four pounds. Hunterdon, three thousand and twenty-eight pounds. Burling- ton, four thousand two hundred and eighty-three pounds. Gloucester, three thousand and eighty pounds. Salem, five thousand one hundred and fifty-two pounds, and Cape May, eleven hundred and fifteen pounds.


These bills were to be signed by John Parker, Peter Bard, Robert Lettis Hooper, Esqs., and Mr. James Trent, or any three of them.


The printer was required to take an oath that from the time the letters were set and fit to be put in the press for printing, . the bills now delivered by him to the above named persons, until they were printed, and the letters unset and put in the boxes again, that at no time he went out of the room in which the said letters were without locking them up, so as that they could not become at without violence, a false key, or other art


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then unknown to him; and that no copies were printed off except in his presence, and that all the blotters and other papers whatsoever, printed by the said letters, while set for printing the said letters, to the best of his knowledge, had been delivered to them, together with the stamps for the indents and arms.


The signers were also required to take an oath for the true signing the bills, and that they would sign no more than was authorized by the act.


The commissioner of each county was also required to take an oath that he would faithfully discharge the trust reposed in him for the county for which he was appointed, and also to give bond in the full sum entrusted to him for the faithful dis- charge of his duty.


The commissioners were created a body politic and corporate for the county in which each were appointed.


The bills were to be lent out by the commissioners to such as should apply for the same, upon their giving as security mortgages on lands, lots, houses, or other valuable improve- ments lying in the county. The commissioners were first to view the lands and exam ine the titles.


The bills were to continue current for twelve years, and then to be loaned out at five per cent.


In the year 1730, a similar act was passed authorizing the issue of twenty thousand pounds of credit for sixteen years, in order to increase the revenues of the province, and to take the place of the above loan, which would expire in 1732. For this loan, was received wheat, silver and gold.


In 1735, another act was passed authorizing the issue of bills of credit to the amount of forty thousand pounds for sixteen years. Wheat, gold and silver, as well as mortgages, were to be received for these bills.


In 1740, two thousand pounds in bills of credit were issued for victualling and transporting the troops to be raised in this colony for His Majesty's service on an intended expedition to the West Indies.


In 1746, an act was passed for making current ten thousand pounds in bills of credit to enable the honorable John Hamil-


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ton, Esq., commander-in-chief of this colony, or the com- mander-in-chief for the time being, to defray the expenses of arming and clothing the forces to be raised in this colony for His Majesty's service in the present expedition against Canada.


All these issues, although at one period they were at a heavy discount, were fully redeemed.


The penalty for counterfeiting them was death.


CHAPTER XI.


1674-1693.


Quintipartite deed-Twenty-four proprietors-Borough officers for Bergen and Elizabethtown-Punishment for different crimes- Marriages not to be solemnized until after publication-Militia law-Formation and boundaries of counties-Bergen-Essex- Middlesex-Monmouth.


The original establishment of the government of New Caesaria or New Jersey, was by the proprietors, who claimed to have derived their right from the grant of the Duke of York.


The constitution framed by Berkely and Carteret, engrossed on a parchment roll, and signed by them, bears date January Ioth, 1664.


On the 29th of June, 1674, a second grant was made to the Duke of York by Charles II., by the grace of God, King of England, France and Ireland, and defender of the faith ; and on the 29th of July of the same year, another grant was made to Lord Berkely and Sir George Carteret.


The commission appointing Philip Carteret, governor of the province, bears date July 31st, 1674.


The quintipartite deed of division between East and West Jersey, was dated July Ist, 1676, in the twentieth year of the reign of King Charles II., between Sir George Carteret, of Saltrum, in the county of Devon, knight and baronet, and one of His Majesty's most honorable privy council of the first part, and William Penn, of Richmansworth, in the county of Hert- ford, Esq., of the second part ; Gawen Lawry, of London, merchant, of the third part ; Nicholas Lucas, of Hertford, in


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the county of Hertford, malster, of the fourth part, and Edward Billinge, of Westminister, in the county of Middlesex, gent., of the fifth part.


This deed recites, that whereas our said sovereign lord, the King's Majesty, in and by his letters patents under the great seal of England, bearing date the twelfth day of March, in the sixteenth year of His Majesty's reign, did give and grant unto his dearest brother James, Duke of York, all that part of the mainland of New England, beginning at a certain place called or known by the name of St. Croix, next adjoining to New Scotland, in America, and from thence extending along the sea coast to a certain place called Pemaquine or Pemaquid, and so up the river to the furthest head of the same as it tendeth north- ward, and extending from thence to the river of Kenebeque, and so upward to the river Canada, northward ; and also all that island or islands commonly called by the several name or names of Matowacks or Long Island, situate and being towards the west of Cape Cod and the Narrow Higansetts, abutting upon the mainland between the two rivers known by the names of Connecticut and Hudson's river, together with the said Hudson river, and all the lands from the west side of Con- necticut river to the east side of Delaware bay ; also the islands known as Martin's Vineyard or Nantukes, otherwise Nantucket.


This same deed recites that His Royal Highness, the said James, Duke of York, conveyed to John Lord Berkely and Sir George Carteret, all that tract of land adjacent to New Eng- land, and lying and being to the westward of Long Island and Manhattan island, part of the said mainland of New England, beginning at St. Croix, mentioned to be granted to His Royal Highness by the said therein and hereinbefore recited letters patent ; bounded on the east, part by the main sea, and part by Hudson's river, and hath upon the west Delaware bay or river, and extending southward to the main ocean as far as Cape May at the mouth of Delaware bay; and to the northward as far as the northermost branch of the said bay, or river of Delaware, in forty-one degrces and forty minutes of latitude, and crosseth over thence in a straight line to Hudson's river in forty-one degrees of latitude, which said tract of land was then afterwards


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to be called by the name or names of New Caesaria or New Jersey.


On the eighteenth day of March, 1673, John Lord Berkeley, in consideration of the sum of one thousand pounds, conveyed unto John Fenwick, one-half of the lands owned by him in New Jersey.


On the ninth day of February, 1674, John Fenwick and Edward Byllinge sold to William Penn, Gawen Lawry and Nicholas Lucas, for one year. And on the tenth day of the same month a tripartite grant of release or confirmation was made between John Fenwick of the first part, Edward Byllinge of the second part, and William Penn, Gawen Lawry, and Nicholas Lucas of the third part.




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