USA > New Jersey > The history of New Jersey from its earliest settlement to the present time > Part 6
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The successor of Hamilton was Jeremiah Basse. Not having the regular approbation of the king, the advent of Basse into the province was the signal of uproar. A majority of the resident proprietaries would not acknowledge his authority as legal. Thus disowned, Basse sought to strengthen himself by favouring the party hitherto adverse to the proprietary government.
In the midst of the contention that now arose, the illiberality of the neighbouring province of New York created a new cause of trouble. Renewing their claim to supremacy over New Jersey, the assembly of New York attempted to levy a duty on East Jersey ex- ports. Though countenanced by the Board of Trade, the attempt ended in a failure, but not until the dispute had wellnigh ripened into a war between the provinces. It was de- cided that no customs could be imposed upon
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HISTORY OF NEW JERSEY. [1699.
the Jerseys unless by their own consent, or by an Act of Parliament.
Meantime, the popular dissatisfaction with Basse continued to grow in strength, until it broke out in complete anarchy. Offenders, who had tumultuously defied his authority, when imprisoned were immediately set at liberty by armed mobs, who forced their way into the jails, assailing and maltreating the officers placed to guard them. At length, finding his situation one of vexation and trouble, Basse returned to England, some time in the summer of 1699.
Hoping to restore tranquillity, the proprie- taries re-appointed Hamilton. But it was now too late. Disorderly and seditious meet- ings assembled, denying the validity of his commission. The judges of his appointing were assaulted in open court by bands of armed men. Sheriffs were attacked and wounded while in the performance of their duties. So great , became the confusion, that, in succeeding years, this period was known as that of " the Revo- lution."
The cause of these disturbances seems to have been the claim of the proprietaries to exclusive possession of the soil, under grants from the Duke of York, and their consequent demand for the payment of quit-rents, and repudiation of such titles as had been derived from the In-
97
THE PROVINCES UNITED.
1702.]
dians. Apparently viewing the proprietaries as so many extortioners, the disaffected colonists, heedless of what the result might be, earnestly prayed the king to deprive those obnoxious per- sons of their authority.
At length, embarrassed by their own numbers and conflicting interests, and wearied out with an ineffectual struggle to exercise their seig- neurial functions, the proprietaries of both the Jerseys were induced to entertain a proposal from the royal council, to cede their rights of jurisdiction to the crown. Besides, the English Lords of Trade, claiming New Jersey as a royal province, threatened to involve them in an ex- pensive suit with the crown, in order to test the validity of their pretensions.
In such a suit, their chance of success would have been slight. Thus menaced, both from within and from without, they deemed it best to surrender. Accordingly, after a lengthy nego- tiation, in which they secured to themselves their property in the soil, and their quit-rents, so odious to the colonists, the proprietaries of New Jersey, East and West, formally resigned their " pretended" rights of government, before the English privy council, on the 17th of April, 1702.
Queen Anne, now on the British throne, im- mediately proceeded to unite the two provinces
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HISTORY OF NEW JERSEY. [1702.
into one. Their government, along with that of New York, was entrusted to the queen's kinsman, Edward Hyde, Lord Viscount Corn- bury, grandson of the Earl of Clarendon.
CHAPTER VIII.
The new constitution for the Jerseys-The legislative power- In whom vested-Slave trade ordered to be encouraged -- The judiciary-Arrival of Lord Cornbury-His demand for a permanent salary rejected by the assembly-Cornbury's illegal proceedings-Opposed by Lewis Morris and Samuel Jennings-The assembly wait upon Cornbury with a re- monstrance-His response-Retort of the assembly-Con- duct of Cornbury censured by the English ministry-His removal-Imprisoned by his creditors-Popular administra- tion of Lovelace-His death-Ingoldsby deputy-governor- War between France and England- Capture of Port Royal.
EMBODIED in the commission and instructions of the crown to Governor Cornbury, the new constitution of the Jerseys was promulgated on the 10th of November, 1702.
Resembling in many respects that of the other royal provinces in America, the system of government thus given to New Jersey was far less favourable to popular freedom than were the proprietary concessions. In the contests be- tween the proprietaries and the people, which had partly led to its adoption, the former had
99
PROVISIONS OF CONSTITUTION.
1702.]
lost nothing but a claim to authority they could never have enforced, while the latter were to la- ment a serious curtailment of their former civil liberties.
The legislative power of the province was vested in the governor, twelve counsellors, and twenty-four representatives. Appointed by the crown from a list of names supplied by the go- vernor, the counsellors were to be men of "good lives and well affected," " of good estates and ability," and " not necessitous people or much in debt." The representatives, equally divided between East and West Jersey, were each re- quired to possess a freehold of a thousand acres. The laws enacted by the council and assembly were subject to an immediate veto from the go- vernor, and a veto from the crown at any time. The assembly was to meet at the order of the governor, who might adjourn, prorogue, or dis- solve it, according to his discretion. No persons were capable of voting for representatives but colonists possessing a hundred acres of land, or personal property to the value of fifty pounds.
Liberty of conscience was granted to all save Roman Catholics. Quakers were allowed to hold office, and their affirmation was to be ac- cepted in lieu of the customary oaths. The especial favour of the governor was invoked for the Episcopacy, and he was "to take care that God Almighty be duly served," and " the blessed
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HISTORY OF NEW JERSEY. [1704.
sacrament administered according to the rites of the Church of England." Closely following this display of royal interest in the cause of religion, was an injunction to the governor to en- courage the traffic in " merchantable negroes," with which the Royal African Company were to supply the province " at moderate rates."
No printing press was allowed, nor the print- ing of any " book, pamphlet, or other matters whatsoever, without a license." In the forma- tion of the judiciary, the people took no part ; the governor, with the consent of his council, instituting courts of law, and appointing their officers. In suits of law, where the value in dis- pute exceeded a hundred pounds, an appeal was admitted from the provincial courts to the go- vernor and council; and when it exceeded two hundred pounds, ultimate jurisdiction rested in the English privy council.
With the executive, the press, and the judi- ciary thus at the pleasure of the crown, it was not long before the people of New Jersey became sensible of the abridgment of their liberties. Conscious of being subjected to wrong, they soon began to claim the privileges of their earlier and freer condition.
Lord Cornbury arrived in the province in August, 1703, and personally met the general assembly at Amboy. During the next session, held at Burlington, in September, 1704, the
101
PROCEEDINGS OF GOVERNOR.
1704.]
pleasing opinions previously entertained of Corn- bury's good qualities, began to be dispelled by the realities of acquaintanceship. Grasping and needy, he demanded an annual salary of two thousand pounds for twenty years. Accustomed to pay but moderate sums for the support of go- vernment, the popular branch of the assembly would allow no more than thirteen hundred a year for three years. Cornbury vainly en- deavoured to procure an increase. At length, finding the house immovable, he declared it dis- solved, and ordered the election of a second, to meet in the following November.
Employing various artifices, Cornbury suc- ceeded in obtaining a large proportion, but not a majority of the assembly. Complete control being thus almost within his grasp, he did not hesitate to adopt the advice of his subservient council, and refused to admit three of the newly- elected members to their seats, on the feigned ground that their estates were not as large as the royal instructions required. By this unjusti- fiable proceeding he secured a majority of one favourable to his views. Recklessly prodigal in his expenditures, his thirst for money was first to be gratified by raising his salary to two thousand pounds a year. It was to remain at this rate for two years only. A stringent act for the establishment of a general system of mi- litia, which the former assembly had refused to
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HISTORY OF NEW JERSEY. [1707.
adopt, was now passed, greatly to the discomfort of the Quaker colonists, who were subsequently subjected to harassing and unnecessary prosecu- tions under its provisions.
During the two following sessions, in 1705 and 1706, no business of importance was trans- acted. The governor, however, found his sup- porters dwindling down into an ineffective minority.
It being necessary to call a third assembly, so that his salary might be renewed, Cornbury ordered an election. All his efforts to regain his lost ascendency were of no avail. In the new assembly, which convened in April, 1707, there was an overwhelming opposition, at the head of which were Lewis Morris and Samuel Jennings. The former, from the eastern section of the province, was of an eccentric but liberal mind, and had been twice expelled from the council for his determined opposition to the measures of Cornbury. The latter, coming from West Jersey, was a true-hearted Quaker, the natural quickness and fire of whose temper, prudence restrained and benevolence softened. Both were men of influence, possessing a perfect knowledge of the interests of the province, with the will, ability, and courage to uphold them.
Having met, the house, after a consideration. of the public grievances, adopted a petition to the queen, and a remonstrance to the governor.
103
1
1707.] REMONSTRANCE OF ASSEMBLY.
Following the custom of the day, the assembly waited on Cornbury with their remonstrance, which was probably the production of Morris. Jennings, as speaker, read it audibly, and with deliberation. Briefly, it was as follows :-
"To lay before the governor the unhappy circumstances of this province, is a task we undertake, not of choice, but necessity.
" We think it a great hardship that persons accused of any crime should be obliged to pay court-fees, notwithstanding the jury have found no bill against them. The granting of patents for the exclusive carriage of goods from Bur- lington to Amboy, we think to be a grievance, contrary to the statute against monopolies. The establishing fees by any other authority than the general assembly, we take to be a great grievance, directly repugnant to Magna Charta. The governor's putting the records of the eastern division of this province into the hands of a pretended agent of the proprietors, who has not given security for the faithful keeping of them, is a crying grievance.
" These, governor, are some of the grievances this province complains of; but there are others of a higher nature.
" The governor has prohibited the proprietors' agents from granting warrants for land in the western division of this province. This is a great encroachment on the proprietors' liberties,
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HISTORY OF NEW JERSEY. [1707.
but we are not surprised at it, for a greater led the way. That was the governor's refusing to swear three members of the last assembly, upon the groundless charges of two of the council. We would not answer the trust reposed in us, were we to decline letting the governor know our extreme dissatisfaction with so notorious a viola- tion of the liberties of the people.
" Considerable sums of money were raised to procure the dissolution of the first assembly, in order to obtain such officers as the contributors might approve. This house has reason to be- lieve that money was given to Lord Cornbury, and did induce him to dissolve the then assembly, and keep three members out of the next. We cannot but be very uneasy when we find by these new methods of government, our liberties and properties so much shaken, that no man can say he is master of either. Liberty is too valuable a thing to be easily parted with. They have neither heads, hearts, nor souls, that are not forward with their utmost power lawfully to re- dress the miseries of their country.
" We conclude by advising the governor that, to engage the affections of the people, no artifice is needful, but let them be unmolested in the enjoyment of what belongs to them of right."
Sharp and spirited in its tone, this remon- strance lost nothing in its delivery. At the
105
CORNBURY'S REPLY.
1707.]
more pointed passages, Cornbury, assuming a stern air of authority, would break in with, "Stop ! what's that ?" When thus interrupted, the undaunted Jennings, affecting deep humility, would calmly read over again the offensive pas- sages, with greater and more stinging emphasis than before.
The reply of Cornbury was weak and undig- nified, though no point of the remonstrance was left unnoticed. Denying the truth of some of the charges, he sought to justify others. In an uncalled-for reflection upon the Quakers, he charged them with disloyalty and faction. Singling out Jennings and Morris, he poured upon them the severity of his abuse, declaring them to be " men known to have neither good principles nor good morals."
Cornbury's reply drew a second paper from the house, reiterating and amplifying their former complaints. In regard to his charges against the Quakers, they answered :- " With those persons, considered as Quakers, we have nothing to do. They, perhaps, will think them- selves obliged to vindicate their meetings from the aspersions which your excellency bestows upon them, and to show the world how be- coming it is for the governor of a province to enter the lists of controversy with people who thought themselves entitled to his protection in the enjoyment of their religious liberties."
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HISTORY OF NEW JERSEY. [1709.
Such of them as were members of the house begged leave to answer the governor's charge, in the words of Nehemiah to Sanballat : - " There are no such things done as thou say- est, but thou feignest them out of thine own heart."
Refusing to receive this answer to his reply, Cornbury prorogued the house. Meeting again in May, 1708, they were at length dismissed, and then dissolved, the governor finding that nothing could be obtained from them, without disagreeable concessions upon his part.
This was the last time Cornbury met the assembly of New Jersey. In New York, as in New Jersey, his administration had pro- duced universal dissatisfaction, while the follies and vices he exhibited in private life were such as to create the profoundest disgust. The Lords of Trade, on complaint of the own- ers of a merchant vessel which he had seized at New York, under some pretence of violations of the Acts of Trade, pronounced his conduct censurable and illegal. Frequent and earnest petitions were poured into the queen for his removal, and, at length, though her cousin, she deprived him of his commission in the year 1709. No sooner was he removed from his office than his creditors cast him into jail, where he remained a prisoner for debt, in the province he had governed, until, succeeding
107
DEATH OF LOVELACE.
1709.]
to the earldom of Clarendon, the privilege of peerage set him at liberty. He then returned to Europe, accompanied by the odium which his character deserved, as a mixture of arro- gance and meanness, bigotry and intolerance, rapacity and prodigality. But he had ac- complished good, though without design. His arbitrary conduct had created and strengthen- ed in both provinces a spirit of freedom, bold and watchful, and already acquainted with the necessity and the methods of resistance.
The liberal and conciliatory conduct of Corn- bury's successor, Lord Lovelace, gave hopes of a happy administration. But the pleasant prospect was presently overclouded by the
death of the new and popular governor. In- goldsby, the subservient lieutenant of Corn- bury, for a time occupied the station thus left vacant.
For several years war had been waging be- tween France and England. By the incursions of the French and Indians from Canada, the northern provinces had suffered greatly, and, in the year 1709, the immediate neighbourhood of Boston was threatened by a marauding party of the enemy, who attacked and destroyed the town of Haverhill, on the Merrimac, massacre- ing many of the inhabitants, and dragging others into captivity.
Alarmed at this onslaught, the New England
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HISTORY OF NEW JERSEY. [1710.
people begged assistance from the queen. Vetch, a Boston merchant, was sent to England to press the petition. He returned shortly with the promise of a fleet and army, to co-operate with colonial troops in a simultaneous attack on Que- bec and Montreal. In pursuance of his instruc- tions, Ingoldsby called upon New Jersey for as- sistance. With spirited alacrity the assembly voted to raise a certain number of troops. Ap- propriating three thousand pounds to aid the expedition, they sanctioned the issue of the first paper money in the province.
The expected army from England not arriving, the enterprise was never prosecuted. But Colo- nel Nicholson, with the provincial levies, planned and executed a successful attack upon Port Royal, by which full possession of Nova Scotia was ob- tained, on the 5th of October, 1710.
1710.]
HUNTER APPOINTED GOVERNOR. 109
CHAPTER IX.
Arrival of Governor Hunter -- His speech to the assembly- His popularity-Invasion of Canada advocated by Nicholson -Organization of the provincial levies-Disastrous failure of the expedition-Treaty of Utrecht-Quaker difficulties in New Jersey-Opposition against Hunter-His success- Provincial demonstrations of regard-Burnet appointed go- vernor-His removal to Massachusetts-Montgomery go- vernor-Petition for a separate government-Administration of Crosby-Of Hamilton-Separation of the Jerseys from the government of New York-Morris commissioned go- vernor-Rapid decline of his popularity-Maintains the royal prerogatives-War declared between England and France-Shirley plans an expedition against Louisburg- Sharp controversy between Morris and the assembly- Death of Morris-Succeeded by Hamilton-Feeble and abortive attempt to invade Canada-Peace of Aix-la-Cha- pelle.
MEANTIME Ingoldsby had been removed. His successor was Robert Hunter, a Scotchman by birth. Entering life as the runaway ap- prentice of an apothecary, Hunter had enlisted as a common soldier in the British army, where he gradually rose to military rank. His engag- ing person and manners had obtained for him the hand of a peeress-his wit and social quali- ties the friendship of Addison and Swift.
Brief, frank, and soldierly, and concluding with the excellent maxim, that " all power ex-
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110
HISTORY OF NEW JERSEY.
[1711.
cept that of doing good is a burden," his open- ing speech to the assembly produced an impres- sion eminently favourable. This impression his conciliatory disposition, and open, candid bear- ing abundantly confirmed, rendering him the object of almost affectionate regard. Supported by the talent and influence of Morris in the council, his administration of ten years glided on with scarcely a noticeable interruption.
Flushed with his success in Nova Scotia, Nicholson repaired to England, to advocate the reduction of Canada. His solicitations obtained from government a fleet of fifty-five sail, and seven veteran regiments from Marlborough's
army. This fleet arriving at Boston in June, 1711, Hunter called the New Jersey assembly. Readily answering his requisition, they ordered the levy of a regiment, and appropriated twelve thousand five hundred dollars, in bills of credit, to defraying its expenses.
At the head of about fifteen hundred pro- vincials, from Connecticut, New Jersey, and New York, and six hundred Iroquois, Nicholson prepared, at Albany, to advance upon Montreal. But the combined army and fleet, under General Hill and Admiral Walker, met with a disastrous failure. While entering the St. Lawrence, on their way to Quebec, several vessels were wreck- ed, and more than eight hundred men drowned. The Quebec expedition being consequently frus-
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QUAKER DIFFICULTIES.
1716.]
trated, Nicholson could not do otherwise than abandon his designs against Montreal.
From this period the operations of both the belligerent nations grew less and less momentous, until hostilities were brought to a close by the Treaty of Utrecht, in 1713.
A new assembly met in April, 1716, in which there was a temporary majority of the old adhe- rents of Cornbury, several of whom had been the most obnoxious members of his council. Daniel Coxe, son of him who has already been noticed as a West Jersey proprietor, was chosen speaker of the house.
By the party now apparently in the ascend- ant, it was argued that the colonial enactments permitting Quakers to affirm in all cases, had been annulled by a late parliamentary law, by which it was insisted that they should be solemn- ly sworn before taking public office, sitting on juries, and appearing as witnesses in capital trials. Holding to this construction, the clerk of the supreme court, contrary to a previous ruling of Chief Justice Jameson, refused to ad- minister to grand-jurymen any thing but an oath. Jameson having fined the clerk for con- tempt, was in turn indicted by the court of quarter sessions. Hunter sided with the judge. The indictment was nullified, and the lawyers who promoted it suspended from practice.
Wearied by a contest with the new house, the
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HISTORY OF NEW JERSEY. [1719.
governor prorogued it. About the middle of May, he summoned it to meet him a second time at Amboy. Coxe and his adherents, intending to keep the governor out of his supplies, denounced this call as illegal, and refused to attend, on the ground that every other session was to be held at Burlington. Stating that he but obeyed the orders of his sovereign, Hunter exerted himself to get a house together. He succeeded in ob- taining one with a mere majority favourable to his views. Electing John Kinsey in the place of their recusant speaker, they presently ex- pelled Coxe, and the other absentees, for " con- tempt of authority, and neglect of the service of their country." Several of the expelled members were re-elected; but the house would not suffer them to take their seats.
During the remainder of his administration, Hunter got along quite smoothly. And when, in 1719, his health failing, he sought a change of climate, by applying for the government of Jamaica, the two assemblies of New York and New Jersey, in legislative addresses, presented him the warmest testimonials of their esteem and regard. The name of Hunterdon county still bears evidence to the popularity which he obtained. 1
The honest and amiable William Burnet, son of the celebrated Bishop, was presently com- missioned as governor of the two provinces.
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APPLY FOR SEPARATE GOVERNOR. -
1731.]
Enrolling Morris among the number of his in- timates, and exercising those popular qualities he possessed in an eminent degree, he easily overcame the slight opposition of his first New Jersey assembly. In return for his ready assent to a scheme for increasing the circulating me- dium of the province, they granted him an an- nual salary of five hundred pounds for five years.
After a quiet and harmonious administration of nearly seven years, Burnet's enemies in New York procured his removal, greatly to his own and to the assembly's regret. As a compensa- tion in some sort, the government of Massachu- setts Bay was conferred upon him. Departing unwillingly to Boston, he remained there until his sudden death, in the fall of 1729.
The successor of Burnet was John Mont- gomery, one of the favourites of George II. Of mediocre talents and yielding disposition, the brief period of his administration presents nothing of marked historical importance.
After the death of Montgomery, in 1731, the assembly petitioned for a separate governor. The chief officers of state were either taken from New York, or, upon their appointment, removed thither; and it was there that the go- vernor spent the principal portion of his time. In consequence, the executive and judicial business of the province was subjected to fre- 10* ยท
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HISTORY OF NEW JERSEY. [1738.
quent and vexatious delays. The grievance was a heavy one ; but the petition for its redress re- ceived no present attention. Four years passed turbulently away under the rule of William Crosby, the successor of Montgomery, before the Lords of Trade reported favourably to its prayer, in August, 1736. Pending the king's decision, John Hamilton, son of the old pro- prietor, performed the duties of the executive. At length the request for a separate governor was granted, and, in 1738, Morris, the favourite of the people, received the royal commission.
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