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 9
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"Here is a town laid out for twenty proprieties, and a straight line drawn from the river side up the land, which is to be the main street, and a market place about the middle. The York- shire ten proprietors are to build on one side, and the London ten on the other side ; and they have ordered one street to be made along the river side, which is not divided with the rest, but in small lots by itself, and every one that hath any part in a propriety is to have his share in it. The town lots for every propriety will be about ten or eleven acres, which is only for a house, orchard, and gardens, and the corn and pasture grounds is to be laid out in great quantities.
"I am thy loving friend,
"JOHN CRIPS."
Thomas Hooten wrote to his wife under date of 29th of 8th month, 1677.
. " MY DEAR :
"I am this present at the town called Burlington, where our land is. It is ordered to be a town for the ten Yorkshire and ten London proprietors. I like the place well. Our lot is the second next the water side. It's like to be a healthful place, and very pleasant to live in. I came hither yesterday, being the 28th of October, with some friends that were going to New York. I am to be at Thomas Olive's house till I can provide better for myself.
"I intend to build a house and get some corn into the ground, and I know not how to write concerning thy coming, or not coming hither. The place I like very well, and believe that we may live here very well. But if it be not made free-I
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mean as to the customs and government *- then it will not be so well, and may hinder many that have desires to come.
"But if those two things be cleared, thou may take thy opportunity of coming this summer.
"THOMAS HOOTEN."
William Clark wrote to William Penn, Gawen Lawrie, and Edward Byllinge, the proprietors, in the same glowing terms of the new province. His letter was dated New Jersey, 20th 2d month, 1678.
John Crips wrote to his brother and sister under date of Bur- lington, in New Jersey, upon the river Delaware, the 19th of 4th month, called June, 1678. He also gave a glowing account of the State, in which we find the following passage :
"And this I can truly tell you, if I were now in England with you (and which I should be very glad to see), yet if all I had in the world would but bring me hither, I would freely leave you and my native country, and come to New Jersey again. It's reported the water is not so good as in England. I do not remember that ever I tasted better water in any part of England than in the springs of this place do yield, of which is made very good beer and ale ; and here is also wine and cider."
In the roth month, O. S., 1678, arrived the ship Shield from Hull, Daniel Towers, commander. She dropped anchor at Burlington, and was the first ship that came so far up the Dela- ware.
Against Coaquanock, t being a bold shore, sne went so near in turning that part of her rigging struck the trees. Some on board then remarked that it was a fine place for a town. A fresh gale brought the ship to Burlington. She moored to a tree, and the next morning the people came on shore on the icc,
* The customs were those imposed at New Castle upon all comers. The government was at this time administered by virtue of Governor Andross' commission, both which were unexpected and disagreeable, but these objec- tions were soon removed.
t The Indian name for the place where Philadelphia now stands.
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so hard had the river suddenly frozen. In her came William Emley, the second time, with his wife and two children, one born on the passage; also two men and two women servants ; Mahlon Stacy, his wife, children, and several servants, men and women ; Thomas Lambert, his wife, children, and several men and women servants; John Lambert and servant ; Thomas Revell, his wife, children, and servants; Godfrey Hancock, his wife, children, and servants ; Thomas Potts, his wife and chil- dren ; John Wood and four children ; Thomas Wood, his wife and children ; Robert Murfin, his wife and two children ; Rob- ert Schooley, his wife and children ; James Pharo, his wife and children ; Susannah Fairnsworth, her children and two servants ; Richard Tattersall, his wife and children ; Godfrey Newbold, John Dewsbury, Richard Green, Peter Fretwell, John Fretwell, John Newbold, one Barnes, a merchant from Hull ; Francis Bar- wick, George Parks, George Hill, John Heyres, and a number more.
This same year there also arrived in the province a ship from London, which brought over John Denn, Thomas Kent, John Hollinshead, with their families ; William Hewlings, Abraham Hewlings, Jonathan Eldridge, John Petty, Thomas Kirley, and others. Some of these settled at Salem and others at Burlington. About the same time, as well as several years afterwards, the following settlers arrived from England, and settled at Burling- ton : John Butcher, William Butcher, Henry Grubb, William Brightwin, Thomas Gardner, John Budd, John Bourten, Seth Smith, Walter Pumphrey, Thomas Ellis, James Satterthwaite, Richard Arnold, John Woolman, John Stacy, Thomas Eves, Benjamin Duffeld, John Payne, Samuel Cleft, William Cooper, John Shinn, William Biles, John Skein, John Warrel, Anthony Morris, Samuel Bunting, Charles Read, Francis Collins, Thomas Mathews, Christopher Wetherill, John Dewsberry, John Day, Richard Basnett, John Antrom, William Biddle, Samuel Fur- nace, John Ladd, Thomas Raper, Roger Higgins, and Thomas Wood.
We have mentioned in a previous chapter the conquest by the Dutch of New York and New Jersey, and the accounts fur- nished of that affair, though sufficient to authenticate the facts,
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are defective. Sir George Carteret, in a public declaration to the inhabitants, under date of July 31st, 1674, asserts it posi- tively. The author of the history of New York, on pages 29, 30, 31, says : " A few Dutch ships arrived the 30th of July, 1673, under Staten Island, a few miles distant from the city of New York. John Manning, captain of an independent com- pany, had at that time the command of the fort, and by a mes- senger sent down to the squadron, treacherously made his peace with the enemy. On that very day the Dutch ships came up, moored under the fort, landed their men, and entered the garri- son without giving or receiving a shot. This was in the ship . Shield. A council of war was afterwards held at the Stadt House, at which were present Cornelius Evertse, Jun., and Jacob Benks, commodores, and Anthony Colne, Nicholas Boes, Abra- ham Ferd, Van Zell, captains. All the magistrates and consta- bles from East Jersey, Long Island, Esopus, and Albany were immediately summoned to New York, and the major part of them swore allegiance to the States General and the prince of Orange. Colonel Lovelace was ordered to depart the province, but afterwards obtained leave to return to England with Commo- dore Benkes. It has often been insisted upon that this conquest did not extend to the whole province of New Jersey, but upon what foundation we are unable to discover. From the Dutch records it appears that deputies were sent by the people inhabit- ing the country, even so far westward as Delaware river, who, in the name of their principles, made a declaration of their sub- mission, in return for which, certain privileges were granted them, and three judicatories erected at Niewer Amstel, Upland, and Hoarkill. The Dutch governor enjoyed his office but a very short time, for on the 9th of February, 1674, the treaty of peace between England and the States General was signed at Westminster ; the sixth article of which restored this country to England."
In 1673, New York and New Jersey were yielded to King Charles II. by the general article of the treaty of peace.
It was to prevent any disputes that might arise upon a plea of the property thus alienated from the first purchasers, that the King, by his letters patent, bearing date June 29th, 1674, granted
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unto the Duke of York, his heirs and assigns, the several tracts of land in America, which by the former letters patent had been granted to him, and of which New Jersey formed a part. In this year, upon the application of the assigns of Lord Berkeley, the . Duke made them a new grant of West New Jersey, and in like manner by an instrument bearing date October roth, he granted the eastern moiety of New Jersey to the grandson of Sir George Carteret.
We have previously introduced a few letters from some of the first settlers of New Jersey, containing accounts of their several situations, and general sentiments of the country, its general fertility, and healthfulness of its climate. More might be added, but the following is all we propose to introduce in this place.
Mahlon Stacy wrote to his brother Revell and others, in Eng- land, under date of 26th of the 4th month, 1680.
" But now a word or two of these strange reports you have of us and our country. I affirm they are not true, and fear they were spoke from a spirit of envy.
"It is a country that produceth all things for the support and sustenance of man, in a plentiful manner. If it were not so, I should be ashamed of what I have before written, but I can stand, having truth on my side, against and before the face of all gainsayers and evil spies. I have travelled through most of the places that are settled, and some that are not, and in every place I find the country very apt to answer the expectation of the diligent.
"I have seen orchards laden with fruit to admiration, their very limbs torn to pieces with the weight, and most delicious to to the taste, and lovely to behold.
" I have seen an apple tree from a pipin kernel, yield a barrel of curious cider, and peaches in such plenty that some people took their carts a peach gathering, I could not but smile at the conceit of it. They are a very delicate fruit, and hang almost like our onions that are tied on ropes.
" I have seen and known this summer, forty bushels of bold wheat of one bushel sown, and many more such instances I could bring, which would be too tedious here to mention. We have, from the time called May until Michaelmas, great store of good
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wild fruits, as strawberries, cranberries, and hurtleberries, which are like our bilberries in England, but far sweeter. They are very wholesome fruits. The cranberries, much like cherries for color and bigness, which may be kept till the fruit come in again. An excellent sauce is made of them for venison, tur_ keys, and other great fowl, and they are better to make tarts than either gooseberries or cherries. We have them brought to our houses by the Indians, in great plenty. My brother Robert had as many cherries this year as would have loaded several carts. It is my judgment, by what I have observed, that fruit trees in this country destroy themselves by the very weight of their fruit. As for venison and fowls, we have great plenty. We have brought home to our houses, by the Indians, seven or eight fat bucks of a day, and sometimes put by as many, having no occasion for them ; and fish in their season, very plenteous. My cousin Revell and I, with some of my men, went last third month into the river to catch herrings, for at that time they came in great shoals into the shallows. We had neither rod nor net, but after the Indian fashion, made a round pinfold, about two yards over, and a foot high, but left a gap for the fish to go in at, and made a bush to lay in the gap to keep the fish in ; and when that was done, we took two long birches and tied their tops together, and went about a stone's cast above our said pinfold. Then hauling these birches' boughs down the stream, where we drove thousands before us; but so many got into our trap as it would hold, and then we began to haul them on shore as fast as three or four of us could, by two or three at a time ; and after this manner, in half an hour, we could have filled a three bushel sack of as good and large herrings as I ever saw. ' And as to beef and pork, here is great plenty of it, and cheap. And also good sheep. The common grass of this country feeds beef very fat. I have killed two this year, and therefore I have reason to know it ; besides, I have seen this fall, in Burlington, killed, eight or nine fat oxen and cows on a market day, and all very fat. And though I speak of herrings only, lest any should think we have little other sorts, we have great plenty of most sorts of fish that ever I saw in England ; besides several other sorts that are not known there, as rocks, cat-fish, shads, sheeps-head, stur- geons, and fowls plenty, as ducks, geese, turkies, pheasants,
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partridges, and many other sorts that I cannot remember, and would be too tedious to mention. Indeed, the country, take it as a wilderness, is a brave country, though no place will please all.
" But some will be ready to say, he writes of conveniences, but not of inconveniences. In answer to these, I honestly declare, there is some barren land, as (I suppose) there is in most places of the world, and more wood than some would have upon their lands. Neither will the country produce corn with- out labór, nor cattle be got without something to buy them, nor bread with idleness, else it would be a brave country indeed ; and I question not but all would then give it a good word. For my part, I like it so well, I never had the least thought of return- ing to England, except on the account of trade.
" MAHLON STACY."
He wrote another letter to William Cook, of Sheffield, dated from the Falls of Delaware,* in West New Jersey, the 26th of the 4th month, 1680, in which he says : "This is a most brave place, whatever envy or evil spies may speak of it. I could wish you all here. Burlington will be a place of trade quickly, for here is a way of trade." After speaking of ships he had fitted out and sent to Barbadoes and the West Indies, he winds up by saying, " I never repented my coming hither, nor yet re- membered thy arguments and outcry against New Jersey, with regret. I live as well to my content, and in as great plenty as I ever did, and in a far more likely way to get an estate. Though I hear some have thought I was too large in my former, I affirm it to be true, having seen more with mine eyes in this time since, than ever yet I wrote of."t
* Trenton.
t The inhabitants of West Jersey had hitherto either pounded their corn or ground it with hand mills. But about this time Thomas Olive had built his water mill on his plantation, near Rankokus creek, and Stacy had finished his mill at Trenton, on the Assanpink, where the paper mill of Harry Mc- Call now stands. This mill of Stacy's was rebuilt of stone, and continued good until 1843, when it was destroyed by a flood in the Assanpink. These two were the only mills that supplied the country round for several years.
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Daniel Wills, in writing to William Biddle, of Bishop's-gate street, London,* from Burlington, under date of 6th of 11th month, 1679-80, says :
" DEAR FRIEND :
" Let every man write according to his judgment, and this is mine concerning this country. I do really believe it to be as good a country as any man need to dwell in. And it is much better than I expected every way for land, I will assure thee. Here is as good by the judgment of men as any in England, and for my part I like the country so well, and it is so pleasant to me that if I had a good estate in land in England, I should not `come to live upon it, for through industry here will be all things produced that are necessary for a family as in England, and far more easy, I am satisfied."
Though the passengers who had already come to West Jersey were well satisfied with the country, things in general being found beyond their expectations, yet they labored under one great inconvenience. The governor of New York had at a very early day imposed a tax of ten per cent. on all goods imported into the province, and on exports even something of the kind still existed ; five per cent. being demanded of the settlers upon their arrival, or afterwards, at the pleasure of the officer, and that not according to the cost of the goods, but upon the invoices, as shipped in England.
This was an arbitrary act, as neither West Jersey nor the Hoarkill was legally under his jurisdiction.
The settlers bore it patiently till about 1680, although from the first they complained of it, yet by the interposition of their friends in England, the wrong was redressed. Complaint was made to the Duke of York, who referred the matter to the coun- cil, where it rested for some time, but at last by the good offices of William Penn, George Hutchinson and others, it was decided in favor of the settlers. Sir John Werden, on behalf of the Duke, wrote to have it discontinued.
* William and Sarah Biddle, with their family, removed to West Jersey in the summer of 1681.
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The arguments used against this duty or impost were as fol- lows :
"To those of the Duke's commissioners whom he has ordered to hear and make report to him concerning the customs deman- ded in New West Jersey, in America, by his governor of New York.
"They set forth-
" Ist. The fact of the grant of a tract of land in America, by the King, to the Duke of York, consisting of several Indian countries, with power and authority to make laws, and to govern and pre- serve the territory when planted ; provided, the said statutes, ordinances, and proceedings be not contrary, but as near as may be, agreeable to the laws, statutes, and government of the realm of England. It also gave to the Duke of York, whom he terms his dearest brother, his heirs and assigns, authority to make, ordain, and establish all manner of orders, laws, directions, instruments, and forms of government, and magistrates fit and necessary for the territory aforesaid, but with this limitation, so always as the same be not contrary to the laws and statutes of this our realm of England, but as near as may be, agreeable thereto.
" 2d. By virtue of this grant the Duke of York for a compe- tent sum of money, (paid by the Lord John Berkeley and Sir George Carteret,) granted, and sold to them, a tract of land, now called by the name of New Casaria, or New Jersey, in as ample a manner as it was granted by the King to the Duke."
Under this, they bought the half that belonged to Lord Berkeley for a valuable consideration, and in the conveyance he made them, powers of government were expressly granted, for under no other considerations could they have been induced to purchase, for the reason, that the government of any place, to all prudent men, is more inviting than the soil; because even though the land was good, without good laws, it would not be desirable, and unless they could assure the people of an easy, free, and safe government, both with respect to their spiritual and worldly property, an uninterrupted liberty of conscience, and an inviolable possession of their civil rights and freedoms, by a just and wise government, a mere wilderness would be no
HISTORY OF NEW JERSEY. 113
encouragement, for it were a madness to leave a free, good, and improved country to plant in a wilderness, and there adventure many thousand pounds, to give an absolute title to another per- son to tax us at will and pleasure. This single consideration, we hope, will excuse our desire of the government, not asserted for the sake of power, but safety, and not only for ourselves, but others, that the plantation might be encouraged.
3d. That Lord Berkeley and Sir George Carteret, considering how much freedom invites, that they might encourage people to transport themselves into these parts, made and divulged certain concessions containing a model of government. Upon these . several went and planted ; the country was thus possessed, and the government uninterruptedly administered by said Lord Berkeley and Sir George Carteret, or their deputy, for several years, during which no custom was demanded.
4th. They dealt with said Lord Berkeley upon the faith of these concessions, and the presumption that neither he nor Sir George Carteret would attempt to carry out anything they had not power to do, much less, that they or either of them would pretend to sell a power they never had, since that would not only be a cheat to the people that dealt with them for it, but a high affront to the Duke.
5th. The half of New Casaria thus bought of Lord Berkeley, they had disposed of part of their interest to several hundreds of people, honest and industrious, who had come hither with their household goods, and such tools as were requisite for planters to have. Upon their arrival they are saluted with a demand of custom of five per cent., and that not as the goods may be there worth, but according to the invoice as they cost before shipped in England, nor did they take them as they came, but at pick and choose, with some severe language to boot.
"This is our grievance, and for this we made our applica- tion to have speedy redress, not as a burden only, with respect to the quantum or the way of levying it, but as a wrong ; for we complain of a wrong done us, and ask yet with modesty, quo jure ? Tell us the title by what right or law are we thus used, that may a little mitigate our pain ? Your answer hitherto has been this. That it was a conquered country, and that the King
H
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being the conqueror, he has power to make laws, raise money, &c., and that this power jure regale, the King hath vested in the Duke, and by that right and sovereignty, the Duke demands that custom we complain of. But suppose the King were an absolute conqueror in the case depending, doth his power extend equally over his own English people as over the conquered ? Are not they some of the letters that make up the word conqueror ? Did Alexander conquer alone, or Cæsar beat by himself? No! Shall their armies of countrymen and natives lie at the same mercy as the vanquished, and be exposed to the same will and power with their captive enemies ?
" Natural right and humane prudence oppose such doctrine all the world over ; for what is it but to say that people, free by law under their prince at home, are at his mercy in the plantations abroad ; and why ? because he is a conqueror there, but still at the hazard of the lives of his own people, and at the cost and charge of the public.
"To conclude this point, we humbly say, that we have not lost any part of our liberty by leaving our country ; for we leave not our King nor our government by quitting our soil, but we transplant.to a place given by the same King, with express limitation to erect no polity contrary to the same established government, but as near as may be to it."
They insisted upon the equity of their case-
" Ist. This very tax of five per cent. is a thing not to be found in the Duke's conveyances.
"2d. New Jersey never paid custom before last peace, and that peace reinvests every proprietor.
"This tax, in plain English, is under another name, paying for the same thing over twice. The lands were bought by us for a valuable consideration here, and is now purchased again of the natives there, too.
"3d. Custom, in all governments in the world, is laid upon trade, but this upon planting is unprecedented."
This custom was taken off as appears by a letter from Samuel Jennings,* directed to William Penn, Edward Byllinge, or Gawen Lawrie, under date of the 17th of October, 1680.
*He, with his family, removed from Coles' Hill, on the upper side of Bucks county, about the third month, 1680.
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The western part of New Jersey had now become populous, by the accession of many settlers. Samuel Jennings, arrived the year before, and received a commission from Byllinge to be his deputy. He called an assembly, and with them agreed upon certain fundamental principles of government.
They enacted that there should be a general free assembly for the province, to meet yearly, at a certain day, chosen by the free people of the province, to consider the affairs of the prov- ince and make and ordain laws for the good government and prosperity of the free people of the province.
The governor, with the consent of his council, could convene them whenever he might think proper, to consider matters relating to the province.
He was required, with as little delay as the case admitted of, to sign and confirm all acts of the assembly.
He or his council, or any of them, was not to make or raise war at any time, under any pretence whatever, or to raise any military forces within the said province, without the consent and act of the general free assembly.
They were not to make or enact any laws for the province without the consent, act, and concurrence of the general assem- bly ; and in case of violation of the same, if found guilty upon legal conviction, they were to be deemed and taken for enemies to the free people of the province, and the acts were to be void.
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