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 7
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That a frequent correspondence be kept between the two gov- ernments, and that nothing be done in this Indian war without mutual advice and consent of both the governors, unless extra- ordinary opportunity should offer, where advantage against the cnemy might suddenly be taken before notice could be given.
These resolutions having been duly considered, the next step was to transmit instructions to William Tomm, (who was one of the commissaries appointed by Carre and the authority at New Castle, or a kind of deputy under them. up the Delaware, ) in
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order that he might consider how a war could be prosecuted to the best advantage, as it required time to get things in order.
All the scattering frontier plantations were immediately to thresh out or remove their corn, and so dispose of their cattle that they should receive the least damage by the effect of the war. Next he was to order that no one, on pain of death, should sell any powder, shot, or strong waters to the Indians, and that in the meantime the inhabitants were to carry (if such a thing was practicable) a seeming complacency with the nation to whom the murderers belonged, either by treaty or traffic, in order to avoid suspicion of the designs that were sought to be accom- plished.
It was also directed that if they would deliver up the murder- ers, or their heads, the English were at liberty to assure them there would be no disturbance.
Governor Lovelace also wrote to Carre to be vigilant in ma- king preparations for the war, and as directions could not be specific, the whole was left to his prudent management, with the advice of his commissaries.
The next council held upon the subject was in November, at Elizabethtown.
Governor Lovelace, Carteret, and a number of other persons were present.
The season was now thought to be too far advanced to begin the war, but the magistrates were authorized to treat with the neighboring Sasquehana Indians, or others, to join together against the murderers, as well as such that harbored them, and to promise a reward for their apprehension, provided caution were used to create no sudden jealousy. But this proved un- necessary, as the Indians, uneasy about the murder, were not averse to a full revenge, as it afterwards proved.
In December, a party of them meeting at Rambo's, sent for Tomm and others, and promised within six days to bring in the murderers, dead or alive. Accordingly, two Indians sent by the sachems to take them, coming to Tashowycan's wigwam in the night, one of whom was his particular friend, he asked him if he intended to kill him ; he answered no, but the sach- ems have ordered you to die. He demanded what his brothers
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said, and being told they also said he must die, he then, holding his hands before his eyes, said, kill me. Upon this, the other Indian (not his intimate friend) shot him in the breast. They took his body to Wickaco, and afterwards hung it in chains at New Castle. The English gave the sachems for this five match- coats.
The other murderer, hearing the shot, ran naked into the woods, and it was never afterwards known what became of him, but it was supposed he perished either from the effects of hunger or cold.
The Indians, upon this death, summoned many of their young men, and in the presence of the English, told them that now they saw a beginning of punishment, and all that did the like should be served in the same way.
Thus ended an affair which, to the settlers from the formida- ble body of the Indians, looked extremely discouraging.
In 1672 the inhabitants at New Amstell (New Castle) and the Hoarkills suffered considerable loss by the Dutch privateers plundering their effects. As a reparation, they were empowered by the government to lay an imposition, and power was given to the magistrates to levy and receive upon each anchor of strong liquors disposed of among them, the real value of four guilders in wampum .*
Wampum was the chief currency of the country. Great quantities had been formerly brought in, but the Indians had carried so much away, it had at this time (1673) grown scarce, and this was thought to be owing to its low value. To increase
*Eight white wampums, or four black, passed at this time as a stiver (Dutch two cents, or one penny sterling); twenty stivers made what they called a gailder (about thirty-eight cents, or one shilling and nine pence ster- ling). The white wampum was worked out of the inside of the great enques into the form of a bead, and perforated to string on leather. The Mach, or purple, was worked out of the inside of a mussel, or clam-shell; they were sometimes worn as broad as one's hand, and about two feet long; these the Indians called belts; they were commonly given and received at treaties, as seals of their friendship. For smaller matters a single string was given. Every bead was of a known value, and a belt of a less number was E. vle to equal one of a greater, by as many as were wanting fastened to the Welt by a string.
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its value, the governor and council at New York issued a procla- mation, in 1673, that instead of eight white and four black, six white and three black wampums should pass in equal value as a stiver or penny, and three times as much the value in silver. This proclamation was published at Albany, Eusopus, Delaware, Long Island, and parts adjacent.
Mention was made that Sir George Carteret, by his instruc- tions to Governor Carteret, confirmed the original concessions, with additions and explanations. These were dated July 13th, 1674. Among other things, they directed that the governor and council should allow eighty acres per head to settlers above . ten miles from the sea, the same from the Delaware, or other river, navigable with boats, and to those who settled nearer, sixty acres. That the land should be purchased from the Indians, as occasion required, by the governor and council, in the name of the proprietors, who were to be repaid by the set- tlers with all necessary charges. That all estrays of beasts at land and wrecks at sea should belong to the proprietor, and that all persons discovering any such thing should have satisfaction for their pains and care, as the governor and council might think fit.
About the month of October, 1674, Major Edmund Andross,* arrived in the province, and assumed the government under the Duke of York. He issued a proclamation from New York, on the 9th of November, confirming all former grants, privileges, and concessions heretofore granted, and all estates legally pos- sessed by any under his Royal Highness before the late Dutch government, as also all legal judicial proceedings during that government, and also confirming the known book of laws estab- lished and in force under His Royal Highness' government.
Andross being now seated in his government, we leave him to take a view of other matters.
In 1675, a few passengers arrived from England to West Jersey. One-half of the province of New Jersey belonged to
* He was afterwards knighted. He bore the unfavorable character of an arbitrary governor, who made the will of his despotic master, (James II.,) and not the law, the chief rule of his conduct.
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Lord John Berkeley, which was now about to be sold to John Fenwick, in trust for Edward Byllinge and his assigns.
In this year, Fenwick set sail from London in a ship called the Griffith, to visit the new purchase. After a pleasant passage, he arrived and landed at a rich spot situate near Delaware, which he called Salem, from the peaceable aspect it then bore. He brought his two daughters with him and many servants, two of whom-Samuel Hedge and John Adams-afterwards married his daughters.
Edward Champness, Edward Wade, Samuel Wade, John Smith and wife, Samuel Nichols, Richard Guy, Richard Noble, Richard Hancock, John Pledger, Hipolite Lufever, and John Matlock, were also passengers. These, and others with them, were masters of families.
This was the first English ship that came to West Jersey, and for nearly two years after none followed, owing, probably, to a difference between Fenwick and Byllinge.
This difference having been settled to the satisfaction of both parties by the good offices of William Penn, Byllinge agreed to present his interest in the province of New Jersey to his cred- itors to satisfy them for the obligations he had incurred, and desired William Penn to join Gawen Lawrie and Nicholas Lucas, two of his principal creditors, they three to act as trustees. Penn was at first unwilling to accept of the trust, but by the . importunity of some of the creditors, he was at last prevailed upon to accept it, and with the others accepting the charge, they became trustees for one moiety, or one-half of the pro- vince, which, though yet undivided, they were so pressed that they were compelled to sell a considerable number of the shares of their property to different purchasers, who by virtue of their purchases became proprietors according to their number of shares, and they therefore found it necessary that some scheme should be adopted, as well for the better distribution of the land as to promote its settlement, and establish a form of government ; concessions for which were mutually agreed upon, and signed by a number of the subscribers.
These concessions gave the proprietors, or a majority of them, under their hands and seals, power to act as commissioners for
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the time being, with power to order and manage the estate and affairs of the province of West Jersey, and in case of the death of any of them, the remaining to depute others to act in their stead.
They were to take care of the setting forth and dividing all lands, and to take up and contract with the natives, and to divide the said lands into one hundred parts, as occasion should require, the same to be divided into ten equal parts or shares, to be marked on the register, and upon some of the trees belonging to every tenth part, with the letters A, B, and so end with the letter K; and after the same was so marked and divided, they . were to grant unto Thomas Hutchinson, of Beverly, Thomas Pearson, of Bonwicke, Joseph Helmsley, of Great Kelke, George Hutchinson, of Sheffield, and Mahlon Stacy, of Hansworth, all of the county of York, who should speedily promote the planting of the province.
They had power to appoint and set out proper places for towns, and to limit the boundaries, taking care that they were regularly built, as the occasion, time, and conveniency of the place would admit of.
And they were to order the affairs of the province in accord- ance with the concessions, or any other instructions that might be given them by a majority of the proprietors, until such time as other commissioners should be appointed by the inhabitants of West Jersey.
And upon the settlement of the province, the proprietors, freeholders, and inhabitants resident upon the province, were to meet together in some public place, ordered and appointed by the commissioners, on the 25th day of March, 1680, and annually on that day in every year thereafter, at nine o'clock in the morning, and elect from among themselves ten honest and able men fit for government, to officiate and execute the position of commissioners for the ensuing year, to hold said office until such time as ten more shall be elected and appointed.
Each ten of the one hundred proprieties were to elect and choose one, and the one hundred proprieties were to be divided into ten divisions or tribes.
The proprietors were to grant to every person planting or
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settling in the province, for his own person arriving, seventy acres of land, English measure ; and for every able-bodied man servant he may carry with him, seventy acres of land ; and for every weaker servant, male or female, exceeding the age of fourteen years, fifty acres of land; and after the expiration of their time of service they were to have fifty acres of land for their own use, for which they were to pay annually to the pro- prietors one penny an acre for what shall be laid out in towns, and one half-penny for all others, the first yearly payment to begin within two years after the lands were lain out.
And to those who arrived the second year, fifty acres of land, whether freemen or servants.
And to those arriving in the third year, forty acres of land, provided their intention was to plant in said province.
They were to receive a certificate from the register.
Portions of land were also granted for highways and streets, not under one hundred feet in breadth, in cities, towns, and villages, and for wharves, keys, harbors, and for public houses, in such places as the commissioners should appoint.
They were to see that the courts duly executed the laws of the province, and to displace and punish all officers violating the same, or acting contrary to their duty and trusts. They had also power to reprieve or suspend sentence for the time being, or until the case could be reviewed by higher authority.
All officers were accountable to the commissioners, and they in turn were accountable to the general assembly.
They were not to impose any tax, custom, or subsidy, tollage, assessment, or any other duty whatsoever on the inhabitants, without their consent, other than that which should be imposed by the general assembly.
All officers were to subscribe in a book, that they will truly and faithfully discharge their respective trusts, according to the law of the province, and do equal justice and right to all men, according to their best skill and judgment, without corruption, favor, or affection.
These concessions, comprising forty-five chapters, contained the common law or fundamental rights of the province. For the prevention of fraud, deceit, collusion in bargains, sales,
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trades, and traffic, and the usual contests, quarrels, debates, and utter ruin, which have attended the people in many nations, by costly, tedious, and vexatious law-suits, and for a due settlement of estates, and taking care of orphans. The powers of the gen- eral assembly, when and how they were to be chosen, and all other matters requisite to the government of the province.
The next business of the proprietors who held immediately under Lord Berkeley, was to procure a division of the province, which, after some delay, they succeeded in effecting, after which they wrote the following letter to Richard Hartshorne :
" LONDON, 26th of the sixth month, 1676.
"We have made use of thy name in a commission and in- structions, which we have sent by James Wasse, who is gone in Samuel Groome's ship for Maryland, a copy of which is here enclosed, and also a copy of a letter we have sent to John Fen- wick, to be read to him in presence of as many of the people that went with him as may be ; and because we both expect and also entreat and desire thy assistance in the same, we will a lit- tle shew things to thee, that thou may inform not only thyself but friends there; which, in short, is as follows :
" Ist. We have divided with George Carteret, and have sealed deeds of partition, each to the other, and we have all that side on Delaware river from one end to the other ; the line of par- tition is from the east side of little Egg Harbor, straight north, through the country, to the utmost branch of Delaware river ; with all powers, privileges, and immunities whatsoever; ours is called New West Jersey, his is called New East Jersey.
"2d. We have made concessions by ourselves, being such as friends here and there (we question not) will approve of, having sent a copy of them by James Wasse; there we lay a founda- tion for after ages to understand their liberty as men and Chris- tians, that they may not be brought in bondage, but by their own consent ; for we put the power in the people, that is to say, they to meet and choose one honest man for each propriety, who hath subscribed to the concessions ; all these men to meet as an assembly there, to make and repeal laws, to choose a gover- nor, or a commissioner, and twelve assistants, to execute the
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laws during their pleasure ; so every man is capable to choose or be chosen.
" No man to be arrested, condemned, imprisoned, or molested in his estate or liberty, but by twelve men of the neighborhood. No man to lie in prison for debt,* but that his estate satisfy as far as it will go, and he set at liberty to work.
" No person to be called in question or molested for his con- science, or for worshipping according to his conscience, with many other things mentioned in the said concessions.
" 3. We have sent over James Wasse, a commission under our hands and seals, wherein we empower thyself, James Wasse, and Richard Guy, or any two of you, to act and do according to the instructions of which here is a copy, having also sent some goods to buy and purchase some lands of the natives.
" 4. We intend in the spring to send over some more commis- sionerst with the friends and people that cometh there, because James Wasse is to return in Samuel Groom's ship for England ; for Richard Guy, we judge him to be an honest man, yet we are afraid that John Fenwick will hurt him, and get him to con- descend to things that may not be for the good of the whole. So we hope that thou wilt balance him to what is just and fair ; that John Fenwick betray him not ; that things may go on easy without hurt or jar, which is the desire of all friends ; and we hope West Jersey will soon be planted, it being in the minds of many friends to prepare for their going against the spring.
"5. Having thus far given thee a sketch of things, we come now to desire thy assistance, and the assistance of other friends in your parts, and we hope it will be at length an advantage to you there, both upon truth's account and other ways. And in . regard to many families, more may come cver in the spring to Delaware side to settle and plant, and will be assigned by us to take possession of their particular lots. We do intreat and
* Thus it will be seen that among the earliest acts of our forefathers, im- prisonment for debt was unknown, and free toleration for worship was strictly enforced.
t A person purchasing ten proprieties became a commissioner, or a num- ber of persons together purchasing ten proprieties, had power to choose from among themselves a commissioner.
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desire, that thou, knowing the country, and how to deal with the natives, we say, that thee, and some other friends, would go over to Delaware side as soon as this comes to your hands, or as soon as you can conveniently. And James Wasse is to come to a place called New Castle, on the other side of Dela- ware river, to stay for thee, and any that will go with him; and you and all to advise together, and find out a fit place to take up for a town, and agree with the natives for a tract of land, and then let it be surveyed and divided in one hundred parts, for that is the method we have agreed to take, and we cannot alter it. And if you set men to work to clear some of the ground, we would be at the charges. And we do intend to satisfy thee for any charge thou art at, and for thy pains. This we would not have neglected, for we know, and you that are there know, that if the land be not taken up before the spring, that many people come over there, the natives will insist on high demands, and so we shall suffer by buying at dear rates, and our friends that cometh over, be at great trouble and charges until a place be bought and divided. For we do not like the tract of land John Fenwick hath bought, so as to make it our first settlement. But we would have thee and friends there to provide and take up a place on some creek or river, that may lie near you, and such a place as you may like ; for may be it may come in your minds to come over to our side when you see the hand of the Lord with us. And so we can say no more, but leave the thing with you, believing that friends there will have a regard to friends settling ; that it may be done in that way and method, that may be for the good of the whole. Rest thy friends.
" GAWEN LAURIE,
" WILLIAM PENN,
" NICHOLAS LUCAS,
" E. BYLLINGE,
" JOHN ELDRIDGE,
"EDMOND WARNER.'
The proprietors sent over instructions to James Wasse, Richard Hartshorne, Richard Guy, and others, giving them full power,
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commission, and authority, or any two of them, to act, and do according to the instructions, engaging to ratify and confirm whatever they should do in prosecution of the same. They were to get a meeting with John Fenwick, and the people that went with him (but to conceal from them their business) until they got them together, then they were to show and read the deed of partition with George Carteret ; also the transactions between William Penn, Nicholas Lucas, Gawen Laurie, John Eldridge and Edmond Warner, and then read the letter of the proprietors to John Fenwick and the rest, and show him that he had no power to sell any land there, without the consent of John Eldridge and Edmond Warner And if he was willing peaceably to let the land he had taken up of the natives be divided into one hundred parts, that then those that had settled and cultivated ground with him, should enjoy the same without being turned out.
The instructions were quite lengthy, and bore date London, the 18th of 6th month, called August, 1676.
The instrument for dividing the province being agreed upon by Sir George Carteret, on the one part, and the said E. Byl- linge, William Penn, Gawen Laurie, and Nicholas Lucas on the other, they together signed a quintipartite deed, dated the Ist day of July, 1676 .*
The line of division having been thus far settled, each took their own measures for further peopling and improving their different shares. Sir George Carteret had greatly the advantage over the others in respect to improvements, his part having been already peopled to a considerable extent.
The western proprietors at once published a description of their moiety, upon which many soon removed thither. In order that others might understand the importance of the undertaking, the three principal proprietors published a cautionary epistle.
This epistle contains in its introductory many Christian senti- ments. It also sets forth that there is such a province as New Jersey ; that the country is wholesome of air, and fruitful of soil, and capable of sea trade ; that the Duke of York sold it to Lord Berkeley and Sir George Carteret; that one-half of the
* Grants and Concessions, by Leaming & Spicer, p. 61.
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said province was sold by Berkeley to John Fenwick, in trust for Edward Byllinge and his assigns ; that Byllinge, through the kind offices of William Penn, was willing to present his interest in the province to his creditors, being all he had left to satisfy them, and that he had desired William Penn, a disinterested person, together with Gawen Lawrie and Nicholas Lucas, two of his creditors, to be trustees on behalf of his creditors; both. parties had complied with the same, and that they had, after considerable trouble, labor, and cost, succeeded in obtaining a division between Sir George Carteret and themselves as trustees ; they therefore divided their half into one hundred parts, lots, or proprieties, ten of which were settled and conveyed to Fen- wick, with a considerable sum of money, by way of satisfaction for his interest in the purchase from Lord Berkeley, and by him afterwards conveyed to John Eldridge and Edmond Warner. The ninety remaining parts were to be exposed for sale, on behalf of the creditors of Byllinge, and as a number of friends were concerned as creditors, the trustees made the first offer to them to purchase the lands.
Among some of the purchasers of these lands were two com- panies, one composed of friends from Yorkshire, the other of friends from London. In 1677, commissioners were sent by the proprietors, with power to buy the land from the natives.
These commissioners were, Thomas Olive, Daniel Wills, John Kinsey, John Penford, Joseph Helmsley, Robert Stacy, Benjamin Scott, Richard Guy,* and Thomas Foulke. -
They came over in the Kent, Gregory Marlow, master. This was the second ship from London. They arrived at New Castle the 16th of the sixth month, O. S., and sailed up to Rackoon creek, where they landed their passengers, two hundred and thirty in number. At the time of their leaving London, King Charles II. was pleasuring in his barge on the Thames, and having come alongside of them, and seeing a large number of passengers aboard, he inquired whence they were bound, and having been
* Richard Guy came in the first ship. John Kinsey died at Shackamaxon soon after landing, and his remains were interred at Burlington, in ground appropriated for a burying ground.
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informed of their destination, he asked if they were all quakers, and gave them his blessing.
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