USA > New Jersey > The history of New Jersey from its earliest settlement to the present time > Part 4
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The hasty zeal . of Nicholls to colonize his cherished Albania, " preferable to all the re- maining tracts," led to long and tedious litiga- tion, which seriously disturbed the tranquillity of the province for more than half a century.
Meanwhile, Philip Carteret, a brother to one of the proprietaries, having been commissioned as governor of New Jersey, was making prepa- rations to depart for the western world. Sailing from England in the ship Philip, and accompanied by about thirty emigrants, he arrived in the pro- vince some time during the month of August, 1665. Carrying in his hand a hoe, to remind his little company of the design that had brought them across the ocean, he landed at a place to which the name of Elizabethtown was presently
59
INDUCEMENTS TO SETTLERS.
1665.]
given, in honour of the kind-hearted Lady Carte- ret. Four families from New England had already made here one of the "beginnings" spoken of by Nicholls, who now warmly urged the Duke of York to revoke the grant, by which, without knowing it, he had given away the fair- est portion of his province. But it was too late. Satisfied with the freedom they enjoyed, the colonists did not second his appeals. The independent existence of New Jersey was se- cured.
Having elevated his little village of log huts to the dignity of a provincial capital, Carteret actively bestirred himself to augment the popu- lation and prosperity of the colony under his charge. Messengers were sent abroad to set forth the happy situation of the province, the liberality of its institutions, the cheapness of its lands, the richness and fertility of the soil along its rivers, its mild and healthy climate, the peaceful character of its few aboriginal in- habitants, and its nearness to long-established colonies, by which the distresses of an adven- turer into a new country would be done away with .. Seconded by all these recommenda- tions, the efforts of Carteret were followed by surprising success. From New England, Long Island, and from Great Britain, the province soon received large additions to its population. Elizabethtown, and then Middletown and Shrews-
60
HISTORY OF NEW JERSEY. [1666.
bury, all founded before the coming of Carteret, grew up into thriving villages, the two latter still retaining certain local powers of self-government which had been granted to them by Nicholls. No less thriving were the settlements of Pisca- tawa and Woodbridge, established during the year 1666, by emigrants from New England.
Early in the same year, an association of church members, from three several towns in Connecticut, sailed into the Passaic, and landed at a point previously selected, "beyond the marshes lying to the north of Elizabethtown." Scarcely had the emigrants brought their goods from shipboard, when a party of Hackensac In- dians appeared on the ground, claiming the soil as their own, and insisting that it should be paid for before the settlement could go on. Having selected the tract in expectation that Carteret was authorized to extinguish the Indian title, the disheartened colonists prepared to abandon their enterprise ; but, at the earnest request of the governor, they agreed to hold a council with the natives, from whom they purchased the territory comprising more than one-half the present county of Essex, paying for it in goods and wampum, valued at about one hundred and forty pounds, New England currency. Having thus settled their difficulty with the Indians, the emigrants immediately began to erect a town, to which they presently gave the name of Newark. Constitut-
61
FIRST LEGISLATIVE ASSEMBLY.
1668.]
-
ing themselves on the narrow and intolerant principle of withholding certain political rights from all persons not subscribing to the doctrines " of some one of the Congregational churches," they resolved, "with one heart and consent," "to carry on their spiritual concernments, as well as their civil and town affairs, according to God and a godly government;" and to be ruled " by such officers as the town should annually choose from among themselves," under " the same laws as they had in the place from whence they came."
The influence of the Puritan emigrants was felt in the first assembly of New Jersey, which commenced its session at Elizabethtown, on the 26th, and closed on the 30th of May, 1668. Transferring the main points of the New Eng- land codes to the statute-book of the province, a bill of pains and penalties was passed, closely copying the heretical law, and making twelve crimes, under certain circumstances, punishable with death. But little additional business was completed, several bills being left over to the en- suing session, which opened on the 3d of No- in the same year. During this se no acts of importance were carried through, from a want of harmony between the two branches of the assembly. There were besides other signs of approaching trouble. Resting on the ground of their local rights of self-govern- ment, the towns of Shrewsbury and Middletown
6
62
HISTORY OF NEW JERSEY. [1670.
now denied the authority of the assembly, by refusing to allow the collection of certain taxes which had been levied in accordance with an en- actment of the previous session. As they had been represented in the popular branch, this proceeding was a singular one, and showed far more independence than consistency. Having refused to take the usual oaths of allegiance to the province, their deputies to the second meet- ing of the assembly were refused admittance. Here the matter appears to have rested for a time ; but other and greater troubles were soon to follow.
For nearly eighteen months afterward, how- ever, affairs went on with tolerable smoothness, and the province continued to increase in popu- lation and importance. But when the first pay- ment of the quit-rents was called for, on the 25th of March, 1670, the smothered discontent of the colonists broke out in violent opposition to the demand. Foremost to treat the claim of the proprietaries with contempt, were the early settlers of Elizabethtown. They had come into the country, with the sanction of Nicholls, be- fore the transfer of New Jersey to its present proprietors. They had purchased their lands from the Indian and rightful owners of the soil, and the title they had thus acquired was, accord- ing to their notions, far superior to any right the proprietaries could have. Consequently,
63
OPPOSITION TO QUIT-RENTS.
1672.]
they would pay no quit-rents. Other settlers, who had arrived in the province at a later pe- riod, pretended to class themselves with these ; and in a short time the whole colony was in a tumult of litigation. For two years matters continued to grow more and more confused, until the political condition of the province was almost one of complete anarchy.
In May, 1672, the disaffected colonists even went so far as to constitute a new assembly, by which body the proprietary governor was dis- placed, and a successor appointed in the person of James Carteret, a worthless natural son of Sir George. Proclamations were immediately issued against this proceeding, but they availed nothing. All power had gone over to the usurper. At length, finding his authority disregarded, his officers imprisoned and their estates confiscated, the governor followed the advice of his council, and proceeded to England, leaving John Berry to act as deputy in his absence.
At the request of the proprietaries, the Duke of York soon after sent out a letter unfavour- able to the claims of the colonists. This was followed by one from the king, confirming the authority of Carteret, and requiring obedience to the officers appointed by the lords' proprie- tors. New " concessions" were also drawn up, somewhat curtailing the original powers of the assembly, by transferring to the governor and
64
1
HISTORY OF NEW JERSEY. [1673.
council the sole right of approving such ministers as might be nominated by the several towns, and of regulating the meetings and adjournments of the legislature.
At the same time a period was fixed of three years from 1673, at the expiration of which all quit-rents were to be paid up, and the malecon- tents to submit to the terms of the proprietaries. But, before the appointed time came round, war broke out between England and Holla The States-General immediately despatched a small squadron to harass the commerce of the British colonies. Having captured many English tra- ders homeward-bound from Virginia, they de- termined to attempt the re-capture of New York. Governor Lovelace was absent, and Captain Manning, with a company of regulars, in com- mand of the fort. At the first summons of the Dutch, who appeared before New York late in July, 1673, Manning surrendered. Exercising moderation in the hour of their triumph, the forces of the States-General easily gained the submission of the remaining parts of the pro- vince. New Jersey, and the settlements on the Delaware, quietly followed their example, and New Netherland again enjoyed a momentary existence.
Having thus reconquered their American co- lony, the Dutch immediately prepared a code of mild and liberal laws for its regulation. But
65
NEW NETHERLAND RESTORED.
1674.]
scarcely had the new code gone into general operation, when peace was concluded between Holland and Great Britain, on the 9th of Feb- ruary, 1674. By the sixth article of this treaty, a mutual restoration of conquests was agreed upon ; and, on the 31st of the following Octo- ber, New Netherland was finally transferred to England.
CHAPTER V.
The Duke of York confirmed in his title to New York-An- dros appointed governor-Petition of New Jersey-The Quakers punished as recusants - Unjust charges against them-Their principles proscribed-Their persecution in England-Advised to settle in America-Salem settled- Governments of Fenwicke and Carteret-The boundaries of East and West New Jersey established-Constitution pro- mulgated-Its liberal concessions-Emigration of wealthy Quakers-Anecdote of Charles II .- Difficulty with Andros, governor of New York-Burlington settled-Fear of Indian hostilities-A special treaty entered into-Speech of an Indian sachem-Progress of the colony-Increase of popu- lation.
UPON the final relinquishment of New Nether- land by the United Provinces, the Duke of York procured a new patent from the king, in order to quiet certain doubts that had arisen with re- gard to the validity of his title, which the pre- vious surrender to the Dutch was thought to 6*
66
HISTORY OF NEW JERSEY. [1674.
have impaired. Two days after this patent was executed, on the 1st of July, 1674, the duke commissioned Edmund Andros as governor of New York and "its dependencies." These in- cluded " all the lands from the west bank of Connecticut River to the eastern shore of Delaware Bay." 4
Much trouble subsequently resulted from this commission, and it has been thought that the duke, while conferring it, designed to revoke his grants to the New Jersey proprietaries. But, if such was his dishonourable intention, he lacked resolution to fulfil it; for toward the end of the same month he renewed the title of Sir George Carteret to a moiety of the province, of which an informal partition was at this time made. Previously, on the 18th of March, 1673, Berkeley, now an old man, disappointed in his hopes of colonial aggrandizement, had sold out his share to John Fenwicke and Edward Byllinge, for the sum of one thousand pounds.
Both these purchasers were members of the Society of Friends, or Quakers, a religious body destined to exercise an important influence over the settlement and future character of the province.
Arising in England in 1644, at a time when men's minds were more than usually disposed to active inquiry into the deeper questions of religion as well as of civil government, the sect of people
67
PERSECUTION OF QUAKERS.
1674.]
called Quakers soon became distinguished for the spirit and boldness with which they conduct- ed their investigations. Nor was the pure and genuine piety of much the greater part of the new community considered less remarkable. There were many others, however, who, mis- taking their own wild impulses for the direct promptings of the Holy Spirit, frequently com- mitted acts justly to be called extravagant, of- fensive to the proprieties of life, and not wholly without injury to the public peace.
The mad zeal of these enthusiastic visionaries finally brought them in collision with the state authorities, and during the last years of Crom- well's protectorate, severe measures were taken against them. Punished rather as religious " recusants," than as offenders against the pub- lic peace, it was not long before they could claim the merit of suffering for conscience' sake. But persecution only increased their numbers and in- flamed their zeal.
Soon after the restoration of Charles II., this persecution was renewed, though the members of the society were now inclined to disavow their connections with these fanatics, to whom they presently gave the name of "Ranters." Not- withstanding the plain and unequivocal teaching of their founder, that it was unlawful to use carnal weapons in advancing spiritual objects, they were unjustly charged with holding to the
68
HISTORY OF NEW JERSEY.
[1674.
doctrine of the Millennarians, or Fifth Monarchy Men, that even force might be employed in overturning those temporal powers, supposed to be in the way of the coming spiritual and divine dominion. 1
Under this impression Charles proscribed their principles as being "inconsistent with any kind of government," and a sharp law was enacted against them as " an abominable sect."
The king himself early changed the hasty and mistaken opinion he had formed of the Quakers, for a truer and more liberal view of their doc- trines. He even entered into a familiar and in- timate acquaintance with some of their promi- nent leaders. But this did not soften the rigour of the penal enactments against them. Ha- rassed on all sides by special statute, by the ge- neral laws against dissenters, and by the statute against Roman Catholics, they were thrown into the foulest dungeons, scourged, exiled, sold into colonial bondage, stripped of their estates, and even deprived of life itself by the carelessness or inhumanity of their jailers.
It was when this persecution was at its height that George Fox, the founder of the Society of Friends, returned to England from a missionary tour through the American colonies.
To testify to their faith, the Quakers shrank from no suffering, however great. Some, in the exuberance of their zeal, were willing to court it.
69
QUAKER COLONIZATION.
1674.]
But the more quiet members of the society were of the opinion that to avoid persecution without abandoning the tenets of their religion, was not to be judged as wrongful. It is probable that on his return to England, Fox represented to them the advantages to be enjoyed under the tolerant constitution of New Jersey, where they might hope for peace and security in the practice of their faith. Preferring voluntarily expatria- tion to a forced exile, numbers immediately pre- pared to escape to the land thrown open to them by the sale already noticed.
Understanding that Carteret was to retain the northern part of the province, Fenwicke and Byllinge determined upon colonizing the south- western portion along the Delaware. Two years passed away, however, before any settlement was made. Meantime, a sharp quarrel sprung up between the new purchasers with regard to their respective interests in the territory. Shunning the scandal of a law-suit, they left the decision of the question to William Penn. Penn's award was finally acceded to, after some hesitation on the part of Fenwicke, who received one-tenth of the purchase as his share.
Byllinge, failing in business soon after, was obliged to transfer his interest for the benefit of his creditors, to Penn, Gawen Laurie, and Nicholas Lucas. With the concurrence of Fen- wicke, these trustees presently divided the whole
70
HISTORY OF NEW JERSEY. [1676.
proprietorship into one hundred shares, of which the ninety belonging to Byllinge were offered for sale.
Matters having been thus arranged, in 1675, Fenwicke, with a large company and several families, set sail from London, in the ship Grif- fin. A short and pleasant passage brought the adventurers into Delaware Bay, on the eastern shore of which, at its head, they landed near the site of one of the old Swedish forts. From the fair and peaceful aspect of the place, they gave the name of Salem to their new settlement. Having purchased lands from the natives, Fen- wicke proceeded to portion them out among the several emigrants, and took upon himself the authority of the province.
Early in the same year, Philip Carteret quiet- ly resumed the government of his kinsman's share of the province. By postponing the pay- ment of the quit-rents, he induced the colonists to accept without murmuring, and even with an appearance of satisfaction, the new and less popular concessions sent out by the proprietary.
In November, the second regular assembly met. Having adopted several measures for the well-being and orderly management of the colo- ny, they concluded their session with an act of amnesty and free pardon to all persons concern- ed in the late disturbances.
Early in 1676, the assembly again convened,
71
DIVISION OF THE STATE.
1676.]
but nothing of historical importance was passed. With the exception of some slight symptoms of dissatisfaction with regard to the quit-rents, af- fairs went on smoothly, and there was a prospect of long-continued quiet.
At length, on the first of July, a formal divi- sion of New Jersey was agreed to by Carteret. From the ocean, at Little Egg Harbour, a line was drawn to a point on the Delaware River, in the neighbourhood of forty-one degrees north latitude; the country north and east of which remained in the possession of Carteret, with the title of East New Jersey, while the other section was assigned in severalty to the Quaker proprie- taries, under the title of West New Jersey.
Meanwhile, these proprietaries had prepared in England, a code of fundamental laws for the province. " We lay," wrote Penn and his col- leagues to the colonists, " we lay a foundation for after ages to understand their liberty as Christians and as men, that they may not be brought into bondage but by their own consent; for we put the power in the people."
The Quaker " concessions and agreements" were first made public on the 3d of March, 1676. Entire freedom of conscience, universal suffrage, , and voting by ballot were fully established. None could be imprisoned for debt. Orphans were to be educated at the public expense. " All and every person in the province" was, "by
72
HISTORY OF NEW JERSEY. [1676.
the help of the Lord and these fundamentals, to be free from oppression and slavery." Hu- mane and just regulations were framed to pro- tect the native inhabitants against encroach- ments. No attorney or counsellor was required in the management of courts. For the govern- ment of the province, the people were to elect an assembly, each member of which was to be paid one shilling a day, "that he might be known as a servant of the people." The chief executive power was confided to ten commission- ers, to be chosen by the assembly. That body was also to appoint the judges, who retained their offices but two years, sitting in court only as assistants to the jury, in which, alone, resided the authority to make decisions, whether as to the law or the fact.
Such are the main features of the first poli- tical constitution drawn up by members of the Society of Friends. While many may point out defects, the instrument, viewed as a whole, is yet worthy of hearty approval and commenda- tion. Far in advance of any system of govern- ment then in existence, it contrasted favourably with that even of the eastern province, which was avowedly popular and concessive. To its framers may justly be awarded no slight partici- pation in the honour of having laid the founda- tion of civil and religious freedom in the new world.
73
DIFFICULTY WITH ANDROS.
1677.]
Pursuant to the plan of the concessions, Thomas Olive and others were presently appoint- ed as commissioners, to superintend the colony, to which two companies of emigrants, princi- pally wealthy Friends from Yorkshire and Lon- don, were already prepared to remove.
During the summer of 1677, these commis- sioners, accompanied by a large body of settlers, embarked on board the ship Kent, at London. While the vessel was anchored in the Thames, preparatory to sailing, the king chanced to come by in his pleasure-barge. Remarking the plain garb of the men of peace, Charles came along- side, and, having learned that they were all Quakers, destined for the colony of New Jersey, he blessed them, and gave them his good wishes.
After a long and tiresome passage, the Kent was brought to anchor within Sandy Hook, from which place the commissioners proceeded on a visit to the governor of New York. Received with all courtesy by Andros, they informed him of their design. Claiming jurisdiction over New Jersey, Andros demanded whether they had a warrant from the Duke of York. On their answering in the negative, he refused to recognise their authority. They offered to re- monstrate. Pointing significantly to his sword, the arbitrary governor intimated the extent to which he would oppose them. The peace-loving commissioners were silenced. Finally, however,
7
74
HISTORY OF NEW JERSEY.
[1677.
Andros gave them a warrant from himself, until the matter could be referred for decision to England.
Meanwhile, the main body of the colonists had entered the Delaware. Procuring interpreters from among the Swedish settlers planted near the present site of Swedesborough, they pur- chased from the Indians three large and con- tiguous tracts of land, extending from Old Man's Creek to the falls at Trenton.
Two distinct settlements were at first proposed, but it was finally determined to join together and form one town. Accordingly, on the tract between Rancocas Creek and the falls, a town was presently laid out, to which the name of New Beverly was first applied, then Bridlington, and afterward Burlington, which it still retains. A main street having been cleared, along this the settlers began to erect their dwellings, the Yorkshire proprietors on the eastern side, and those from London on the west.
ยท Winter was wellnigh over before these houses could be made habitable. In the mean time the settlers sheltered themselves in rude huts, built in imitation of the wigwams of the natives. For a meeting-house, a tent of sail-cloth was early set up. Under this the Quakers began to hold religious union.
The simple-hearted savages in the neighbour- hood were unusually kind to the new comers,
75
1677.] SPEECH OF AN INDIAN SACHEM.
supplying them plentifully with corn and venison. Hostilities were subsequently threatened by the Indians, on the ground that the strangers had sold them the small-pox along with certain match- coats. Apprehending trouble, the colonists sought the assurance of a special treaty, and a peace-council was shortly held with the Indian kings, under the shades of the Burlington forests. The English having made known their fears, an old sachem rose, and, speaking for his brethren, said :-
"Some of our young men may utter such words as neither you nor we approve. We cannot help that. You cannot help it. We are your brothers. We have no mind to make war. When we have war we are but skin and bone. The meat that we eat doth do us no good. The kind sun cannot shine upon us, for we then hide us in holes and corners.
" When we intend to make war upon you, we will let you know of it, and the reason ; that whatever wrong you have done us may be re- paired. If you give us no satisfaction, then we will make war. You, likewise, will act in this way with us. Otherwise, there should be no war.
" You are our brothers, and we wish to live like brothers with you. We will leave a broad path for you and us to walk in. If an Indian is asleep in this path, the Englishman shall pass
76
HISTORY OF NEW JERSEY. [1678.
by and do him no harm. If an Englishman falls asleep in this path, the Indian shall pass him by, and say, ' He is an Englishman; he is asleep ; let him alone ; he loves sleep.' The path shall be plain ; there shall not be in this path a stump to hurt the feet.
" As to the small-pox, it came in the time of my grandfather; it came in the time of my father ; and now in my time it is come." Then stretching his hands toward heaven, he continued, " I do believe that it is the Man above that hath sent it to us."
A good understanding having been established with the Indians, by this and subsequent coun- cils, the colony soon assumed a thriving appear- ance. Constant accessions were made to the number of its inhabitants. In November, 1677, the ship Willing Mind, from London, landed about seventy emigrants, some of whom settled at Salem, others at Burlington. She was soon after followed by the fly-boat Martha, with one hundred and fourteen passengers from Yorkshire. On the 10th of December, of the succeeding year, came the Shields, from Hull. Gliding up the Delaware, with a fair and fresh breeze, her passengers admired the surrounding country, and especially pointed out, as a " fine spot for a town," the lands upon which Philadelphia has since arisen. Passing by this, the gale swept them on to Burlington, so far as which no vessel
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