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 5
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" That the commissioned officer shall undertake to provide . all sorts of provision for the whole garrison, at the rate of five pence per day, viz. : wholesome bread, beer, pork, pease or beef, that no just complaint be made of either. That the sol- diers, (so far as conveniently they may,) be lodged in the fort, and keep the stockadoes up in defence. That the civil govern- ment be continued till further orders.
"That to prevent all abuses or oppositions in civil magistrates, so often as complaint is made, the commissioned officer, Capt. Carre, shall call the scout,* with Hans Block, Israel Holme, Peter Rambo, Peter Cock, Peter Aldrick, or any two. of them, as councellors to advise, hear, and determine, by the major vote, what is just, equitable, and necessary in the case and cases in question.
" That the same persons also, or any two or more of them, be called to advise and direct what is best to be done in all cases of difficulty, which may arise from the Indians, and to give their council and orders for the arming of the several plantations and planters, who must obey and attend their summons upon such occasion.
"That two-thirds at least of the soldiers remain constantly in and about New Castle at all hours.
"That the fines or premunires and light offences be executed with moderation, though it is also necessary that ill men be pun- ished in an exemplary manner.
" That the commission officer, Capt. Carre, in the determina- tion of the chief civil affairs, whereunto the temporary before-
* A civil officer, corresponding with a constable of the present day.
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mentioned councellors are ordained, shall have a casting voice where votes are equal.
"That the new appointed councellors are to take the oath to his Royal Highness.
"That the laws of the government, established by his Royal Highness, be shewed and frequently communicated to the said councellors and all others, to the end that being therewith ac- quainted, the practice of them may also in convenient time be established, which conduceth to the publick wellfare and com- mon justice.
"That no offensive war be made against any Indians, before you receive directions from the governor for your so doing.
"That in all matters of difficulty and importance, you must have recourse by way of appeal, to the governor and council at New York."
The above instructions were dated April 21st, 1668, and in less than two months after their promulgation, the government at New York received information that some of the tribe of the Mantas Indians, on the Delaware, had murdered the servants ot one Tomm.
Peter Aldricks and Peter Rambo, arriving soon after at New York, confirmed the news, and further informed the government that it was the desire of the Indians in those parts, that selling strong liquor to them should be absolutely prohibited upon the whole river, as they attributed the murders above mentioned as having occurred in consequence of a drunken frolic.
This was no doubt the case, as the Indians on the Delaware always manifested a peaccable disposition toward the English settlers.
The governor and Colonel Lovelace wrote to Carre, author- izing him to convene those in commission with him for the man- arement of civil affairs, and having advised with them to make all necessary rules and give orders for the government of both Christians and Indians, and if the murders and restraining the Indians from strong drink might be attended with difficulties, Curre was ordered, after having consulted with the Indians as to
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the best method of proceeding, to send a statement of the mat- ter to the council at New York.
Another disturbance soon followed, which seemed likely to prove a matter of some consequence against the newly estab- lished government, but it was prevented by the vigilance of the administration. . A Swede, at Delaware, represented that he was the son of Coningsmarke, the Swedish general. He went from one place to another, spreading rumors to disturb the civil peace and laws, and endeavored to enlist in his favor a party strong enough to incite an insurrection, and thereby throw off the English allegiance.
Henry Coleman, a native of Finland, and an inhabitant at Delaware, associated with him, left his habitation, cattle, and corn, and being well versed in the Indian language, they kept constantly among them, and by that means their designs were at first suspected.
The governor issued a proclamation, calling upon Coleman to surrender within fifteen days, to answer what should be alleged against him, and in case of non-compliance, his estate should be forfeited to the King.
We are not informed whether Coleman, in obedience to the proclamation, gave himself up or not, but Coningsmarke being a vagrant, more effectual measures were resorted to to capture him, and he was very soon in custody, and all the rest that had anything to do with the plot were compelled to give security for their conduct, and an account of their estate was ordered to be taken.
The governor, in a letter to Carre, tells him :
"That as for the poor, deluded sort, I think the advice of their own countrymen is not to be despised, who, knowing their temper well, prescribed a method for keeping them in order, which is severity, and laying such taxes on them as may not give them liberty to entertain any other thoughts but how to discharge them. I perceive the little Domine hath played the trumpeter to this disorder. I refer the quality of his punish- ment to your direction."
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On the 18th of October, 1669, a council assembled at New York, at which the governor, Thomas Delaval, Ralph Whitfield, and Thomas Willet, the secretary, were present. This council assembled for the trial of those who had violated the laws, at which the affair of Coningsmarke was first taken into considera- tion. It was adjudged that Coningsmarke, commonly called the Long Finne, deserved to die, yet, in regard that many con- cerned with him in the insurrection might also be involved in the premunire, if the rigor of the law should be extended, and amongst them diverse simple and ignorant people, it was thought fit to order that the Long Finne should be severely whipt, and stigmatized with the letter R, with inscription in great letters on his breast ; that he received that punishment for rebellion, and afterward to be secured till sent to Barbadoes or some other remote plantation to be sold. It was further ordered, that the chief of his accomplices should forfeit to the King one-half of his goods and chattels, and a smaller mulct laid on the rest, to be left at the discretion of the commissioners appointed to examine the matter.
In pursuance of this sentence, the Long Finne was brought, fettered, from Delaware, and put prisoner in the Stadt House at York, on the 20th of December, and there confined an entire year, when a warrant was signed, and he, in pursuance of it, was transported for sale to Barbadoes.
At this council the case of an Indian who had committed a rape on a Christian woman, was considered, and it was decreed that he should be put to death if he could be found, and or- dered that application be made to the sachems of his tribe to deliver him up, that justice might be executed upon him. He had been once before taken and condemned to death at Dela- ware, but escaped by breaking jail.
A man by the name of Douglass, at Hoarkill, after this gave the new settlers a great deal of trouble by his seditious practices, but he was apprehended, sent to jail, and afterwards taken to New York, where he was tried and sent eastward, and ordered not to return to the government any more.
Francis Lovelace succeeded Nicholls in the government in May, 1667, and continued governor until the colony was given
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up to the Dutch in the summer of 1673. Nicholls had re- mained governor since the Dutch surrendered, being about two years and a half.
In February, 1669, Governor Lovelace gave a commission, and letters of instruction were sent to Hoarkill,* authorizing Hermanus Fredericksen to be scout, Slander Matson, Otto Wal- gast and William Cleason to be commissariest to keep good order there, and to try all matters of difference under ten pounds ; while all matters above that, and all criminal matters, were to be tried at New York.
He also appointed Captain Martin Prieger to collect the customs for all European goods imported at the Hoarkill, and on the furs and peltry exported from thence, ten pound per cent.
" The right of the Crown of England to these provinces having been indisputably established, King Charles II., by letters patent, bearing date March 20th, 1664, for the consider- ation therein mentioned, granted unto James, Duke of York, his heirs and assigns, all that part of the main-land of New Eng- land, beginning at a certain place, called or known by the name of St. Croix, near adjoining to New Scotland, in America ; and from thence extending along the sea coast, unto a certain place called Pemaquie, or Pemaquid, and so up the river thereof to the furthest head of the same, as it tendeth northward; and extending from thence to the river of Kimbequin, and so up- wards by the shortest course to the river Canada, northwards; and also all that island, or islands, commonly called by the
* This part of the colony was called Hoarkill or Hoernkill from the creek which winds like a horn. It was so named by the Dutch, but when the English came in possession they called it Lewistown. Hoarkill or Lewis- town was situated at the mouth of Delaware bay, and was the general resort for pilots waiting to convoy vessels up the river. Where this creek was described as being deep and sandy in 1669, and 1765, it was described as a mowing marsh, and the channel through which vessels used to pass, was diminished to about a hundred yards breadth at the mouth. It contained two islands, one of which, two hundred years ago, was very small, and the other, but half a league in circumference, had in less than a hundred years in- creased, the one about ten, and the other about thirty times their former size. + Justices of the peace.
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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 land between the two rivers, there called or known by the several names of Connecticut and Hudson's rivers ; together also with the said river called Hudson's river, and all the land from the west side of Connecticut river to the east side of Delaware bay, and also several other islands and lands in the said letters patents mentioned ; together with the rivers, harbors, mines, minerals, quarries, woods, marshes, waters, lakes, fishings, hawking, hunting and fowling, and all other royalties, profits, commodities, and hereditaments to the .said several islands, lands and premises belonging or apper- taining."
The Duke of York, being thus seized, did by his deeds of lease and release, bearing date the 23d and 24th of June, 1664, in consideration of a competent sum of money, grant and convey unto John Lord Berkely, Baron of Stratton, one of the King's privy council, and Sir George Carteret, of Saltrum, in the county of Devon, knight, and one of the privy council,* and their heirs and assigns forever, all that tract of land adja- cent to New England, and lying and being to the westward of Long Island and Manhattas Island, and 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 extendeth 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, which is in forty-one degrees 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 is hereafter to be called Nova Cæsaria or New Jersey ; and also all rivers, mines, minerals, woods,
· Smollet informs us that Sir George Carteret was Governor of Jersey, and bell it for King Charles II. in the troubles of 1649; expelled the House of Commons in 1669, for confused accounts, as Chamberlain ; and Clarendon says he was Treasurer of the Navy, and Vice-Chamberlain of the King's Louschuld.
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fishings, hawkings, huntings, and fowlings, and all other royal- ties, profits, commodities, and hereditaments whatsoever to the said lands and premises belonging or in anywise appertaining, with their and every of their appurtenances, in as full and ample manner as the same is granted to the said Duke of York by the before recited letters patents.
Lord Berkely and Sir George Carteret, in consequence of this conveyance, being now the sole proprietors of New Jersey, for the better settlement of the same, agreed upon a certain consti- tution of government, which gave general satisfaction, and in consequence thereof the eastern parts of the province were rapidly peopled.
This constitution gave the governor, with the advice and consent of his council, power to appoint a deputy to act in case of his death or removal.
2. Also, power to appoint six councellors at least, and twelve at most, or any even number between six and twelve, with whom he was to advise.
3. In case the proprietors failed to appoint a secretary of the province, the governor had the power to appoint. This officer was to enter in books all public affairs, record and enter all grants of land from the lords to the planters, and all convey- ances of lands, house or houses made by the landlord to any tenant for a longer term than a year, and to do all other things directed by the lords proprietors, or ordained by the governor, council, and general assembly for the good and welfare of the said province. He was also termed register.
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4. A surveyor-general was to be chosen by the proprietors, and in case of their failure to appoint, the governor was to choose. His business was to lay out and bound all lands that were granted by the lords to the planters, and all other lands within the province, either by himself or by deputy, and certify the same to the register, to be by him recorded. The governor and council, or deputy governor and council, had power to remove for cause the register or surveyor-general.
5. All officers were required, before entering upon the du- ties of their office, to swear or subscribe, in a book kept for that purpose, the oath of allegiance to the crown, and fidelity
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to the interests of the lords proprietors of the province. And such as subscribed and did not swear, and violated his promise in that subscription, was liable to the same punishment as though he had sworn and broken his oath.
6. All who were or became subjects of the King of England, and who swore or subscribed allegiance to the King, and faith- fulness to the lords, shall be admitted to plant and become free- men of the said province.
7. No person qualified as aforesaid, should at any time be mo- lested, punished, disquieted, or called in question, for any differ- ence in opinion or practice in matters of religious concernments, who do not actually disturb the civil peace of said province ; but that all and every such person and persons may, from time to time, and at all times, freely and fully have and enjoy his and their judgments and consciences, in matters of religion, through- out the said provin ce, they behaving themselves peaceably and quietly, and not using this liberty to licentiousness, nor to the civil injury or outward disturbance of others.
8. The general assembly were empowered to constitute and appoint such and so many ministers or preachers as they should think fit, and to establish their maintenance, giving liberty be- sides to any person or persons to keep and maintain what preach- ers or ministers they please.
9. They were to choose from among themselves twelve depu- ties or representatives, to join with the governor and council, for making such laws, ordinan ces, and constitutions, as they may think necessary for the present good and welfare of the province. But so soon as parishes, divisions, tribes, and other distinctions are made, that then the inhabitants or freeholders of the several · respective parishes, tribes, divisions, and distinctions, were to meet annually, on the first day of January, and choose freeholders for each respective division, tribe, or parish, to be deputies or representatives of the same. A majority of representatives shall, with the governor and council, be the general assembly of the province.
THEY WERE TO HAVE POWER,
Ist. To appoint their own time of meeting, and to adjourn from time to such times and places as they should think convenient.
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2d. To enact and make all such laws, acts, and constitutions, as shall be necessary for the well government of the province, and, if thought necessary, to repeal them. All laws were to be in reason, and agreeable to the laws and customs of His Majesty's Kingdom of England, and not against the interests of the lords proprietors, nor any of the concessions, and especially that they be not repugnant to the article for liberty of conscience.
These laws were to be in force one year and no more, unless confirmed by the lords proprietors, after which they were to be in continual force, until expired by their own limitation.
3d. They were by law to constitute all courts with the limits, powers, and jurisdictions of the same, as also the several offices, and number of officers belonging to each court, with their re- spective salaries, fees, and per quisites, their appellations and dig- nities, with the penalties that shall be due to them, for the breach of their several and respective duties and trusts.
4th. To lay equal taxes and assessments, equally to raise mon- eys or goods upon all lands, except such as belong to the lords proprietors before settling.
5th. To erect within the said province such and so many manors* with their necessary courts, jurisdictions, freedoms, and privileges as to them shall seem meet and convenient ; as also to divide the said province into hundreds, f parishes, tribes, or such other divisions or distinctions and districtions as they shall think fit, and to distinguish them by such names as they may think proper, and to appoint so many ports, harbors, creeks, and other places, for the convenient loading and unloading of goods and merchandise out of ships, boats, and other vessels, as they shall judge most conducive to the general good of the province.
6th. To erect, raise, and build within the said province, or any part thereof, such and so many forts, fortresses, castles, cities, corporations, boroughs, towns, villages, and other places of strength and defence, and to incorporate with charters and priv-
* Manor, meaning the land belonging to a nobleman or lord, or so much land as a lord or great personage formerly kept in his own hands for the use and subsistence of his family.
t Meaning a circuit or county, supposed to contain about a hundred families.
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ileges as to them shall seem good, and to fortify and furnish with such provisions and proportions of ordnance, powder, shot, armor, and all other weapons, ammunition, and habiliments of war, both offensive and defensive, as shall be thought necessary and convenient for the safety and welfare of the province.
7th. To constitute trained bands and companies, with the number of soldiers, for the safety, strength, and defence of the province, and of the forts, castles, cities, &c .; to suppress all mutinies and rebellions ; to make war, offensive and defensive, with all Indians, strangers, and foreigners, as they shall see cause ; and to pursue an enemy as well by sea as by land, if need be, out of the limits and jurisdiction of the said province, with the particular consent of the governor, and under his con- duct, or of our commander-in-chief, or whom he shall appoint.
8th. To give to all strangers, as to them shall seem meet, a naturalization, and all such freedoms and privileges within the province, as to His Majesty's subjects do of right belong, they swearing or subscribing as aforesaid, who shall be considered in the said province the same as the King's natural subjects.
9th. To prescribe the quantities of land which shall be from time to time allotted to every head, free or servant, male or female ; and to make or ordain rules for the casting of lots for Land and laying out of the same.
roth. The general assembly was to make provision for the support of the governor, and for defraying all necessary charges for the support of the government ; to collect the lords' rents, without charge or trouble to them.
11th. To enact, constitute, and ordain all such other laws, acts, and constitutions, as shall or may be necessary for the good prosperity and settlement of the province.
THE GOVERNOR WITH HIS COUNCIL
was to see that all courts established by the laws of the general assembly, and all ministers and officers, civil and military, exe- cuted their several duties and offices respe ctively, according to the laws in force, and to punish them for swerving from the laws, or acting contrary to their trust, as the nature of their offences should require.
zd. To nominate and commissionate the several judges,
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members, and officers of courts, whether magisterial or minis- terial, and all other civil officers, coroners, &c .; and to revoke their commissions, powers, and authority at pleasure.
3d. To appoint courts and officers in cases criminal, and em- power them to inflict penalties upon offenders against any of the laws in force in the province, as the said laws shall ordain ; whether by fine, imprisonment, . banishment, corporeal pun- ishment, or to the taking away of member or of life itself, if there be cause for it.
4th. To place. officers and soldiers for the safety, strength, and defence of the forts, castles, cities, &c., and to revoke their 'commissions at pleasure ; prosecute war, pursue an enemy, sup- press all rebellions and mutinies, as well by sea as land, and to exercise the whole militia. But he was to appoint no mili- tary forces but what were freeholders in the province, except by consent of the general assembly.
5th. Where he saw cause after condemnation, he had power to reprieve until the case was presented, with a copy of the whole trial, proceedings, and proofs, to the lords, who would either command execution of the sentence or pardon the offender.
6th. In case of death or removal of any of the representa- tives within the year, he was to issue summons or writ, com- manding the freeholders to choose others in their stead.
7th. To make warrants and seal grants of lands, according to the concessions and prescriptions, by the advice of the general assembly.
8th. To act and do all things that would conduce to the · safety, peace, and well government of the province.
And for the better security of all the inhabitants in the said province, they are not to impose, nor suffer to be imposed, any tax, custom, subsidy, tollage, assessment, or any duty whatso- ever, upon any color or pretence, upon the said province and the inhabitants thereof, other than shall be imposed by the authority and consent of the general assembly.
2d. To take care that the lands are quietly held, planted, and possessed seven years, after its being duly surveyed by the surveyor-general or his order.
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3d. To take care that no man, if his cattle stray or range, or graze on any ground within the province not actually appro- priated or set out to particular persons, shall be liable to pay any tresspass for the same, provided he do not purposely suffer his cattle to graze on such lands.
And that the planting of said province may be more speedily promoted, we do hereby grant unto all persons who have already adventured into the said province of New Casaria, or New Jersey, or shall transport themselves or servants before the first day of January, 1665, to every freeman that shall go with the first governor where he embarks (or shall meet him at the rendezvous he appoints for the settlement of a plantation, there armed with a good musket, bore twelve bullets to the pound, with ten pounds of powder and twenty pounds of bul- lets, with bandaliers and matches convenient, and with six months' provisions) for his own person arriving there, one hun- dred and fifty acres of land, English measure; and for every able man-servant that he shall carry with him, armed and pro- vided as aforesaid, and arriving there, the like quantity of land ; and for every able man-servant he or she shall send, armed and provided as aforesaid, and arriving there, the like quantity of one hundred and fifty acres of land, English measure; and for every weaker servant or slave, male or female, exceeding the age of fourteen years, which any one shall send or carry, arriving there, seventy-five acres of land ; and to every Christian servant, exceeding the age aforesaid, after the expiration of their time of service, seventy-five acres of land for their own use.
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