CHAP. XV.
Lord Cornbury
convenes the first general assembly after the surrender; His
speech, their
address, and other prooeedings; Queen Anne's proclamation for
ascertaining the
rates of coin; Cornbury dissolves the Assembly, and meets
a new one to his
mind; Their proceedings and dissolution; A summary of the
establishment and
practice of the council of proprietors of West-Jersey;
Another assembly
called; who remonstrate the grievances of the province.
The distinction of
the two Provinces East and West-Jersey, being henceforth
as to all matters
of government laid aside, and both united in one under
the name of
Nova-Caesaria, or New-Jersey; we now enter upon a more uniform
method of
proceeding.
Contrary to the
expectation of those concerned in the surrender, we soon
find them jointly
struggling for the preservation of their privileges
against the
encroachments of a governor, who, if his abilities had been
equal to his
birth and interest, must be allowed to have been as
formidable an
antagonist in that capacity as any that have come to the
colonies; besides
being the son of a family that had merited highly in the
revolution, he
was first cousin to queen Anne: With such an interest and a
disposition to
have studied harmony and concord, instead of listening to
the votaries of
faction, and meanly trumpeting their animosities, he had a
fair opportunity
of singular service in restoring the public quiet, and
laying a
foundation of prosperity to the province; but that, afterwards
became the
business of another.
Lord Cornbury
arrived in New-Jersey in the month called August, 1703:
Having published
his commission at Amboy and Burlington, he returned to his
government of
New-York; but soon came back and convened the general
assembly to meet
him at Perth-Amboy, the tenth of November.1 They chose
Thomas Gardiner,2
speaker, he was presented and accepted, and then,
conformable to
the practice of parliament, made a demand of the particular
privileges of
assemblies, as follows:
"That the members
with their servants, may be free from arrests or
molestation
during the sessions.
"That they
have free access to your excellency's person, when occasion
requires.
"That they
may have liberty of speech, and a favourable construction of
all debates that
may arise among them.
"That if any
misunderstanding shall happen to arise between the council
and this house,
that in such a case a committee of the council may be
appointed to
confer with a committee of this house for adjusting and
reconciling all
such differences. And,
"That these
our requests may be approved of by your excellency and
council, and
entered in the council books." The governor, in answer told
them, he granted
the three first as the just and undoubted right of the
house; but
rejected the fourth as an innovation, and accordingly ordered
an entry of the
same in the council books; this done, he made a speech to
the council and
general assembly:
"Gentlemen,
"The
proprietors of East and West New-Jersey, having upon very mature
consideration,
thought fit to surrender to her most sacred majesty the
great queen of
England, my mistress, all the powers of government which
they supposed
were vested in them; the queen has been pleased to unite
these formerly
two provinces now into one, under the name of Nova-Caesaria
or New-Jersey;
her majesty has been pleased graciously to honour me with
the trust of this
government, and has commanded me to assure you of her
protection upon
all occasions; and you may assure yourselves, that under
her auspicious
reign, you will enjoy all the liberty, happiness and
satisfaction,
that good subjects can wish for; under a most gracious
queen, and the
best laws in the universe, I mean the laws of England,
which all the
world would be glad to partake of; and none are so happy to
enjoy, but those
whose propitious stars have placed under the most happily
constituted
monarchy: I will not question, but that you on your parts,
will do all that
can be expected from faithful subjects, both for the
satisfaction of
the queen, the good and safety of your country; which must
be attended with
general satisfaction to all people.
"In order to
attain these good ends, I must earnestly recommend it both to
you, gentlemen of
her majesty's council, and you gentlemen of the
assembly, to
apply yourselves heartily and seriously to the reconciling
the unhappy
differences which have happened in this province; that as the
queen has united
the two provinces, so the minds of all the people may be
firmly united in
the service of the queen, and good of the country; which
are all one, and
cannot be separated without danger of destroying both.
"Gentlemen,
you are now met in general assembly, on purpose to prepare
such bills to be
passed into laws, to be transmitted into England for her
majesty's
approbation, as may best conduce to the settling of this
province upon a
lasting foundation of happiness and quiet, only I must
recommend it to
you, that the bills you shall think fit to offer, may not
be repugnant to
the laws of England, but as much as may be, agreeable to
them.
"I must
recommend to you, gentlemen, in the wording of your Bills, to
observe the stile
of enacting by the governor, council and assembly; and
likewise, that
each different matter may be enacted by a different law, to
avoid confusion.
"In all laws
whereby you shall think fit to grant money, or to impose any
fines or
penalties, express mention may be made, that the same is granted
or reserved unto
her majesty, her heirs or successors, for the publick use
of this province,
and the support of the government thereof.
"Gentlemen,
I am farther commanded by the queen, to recommend it to you,
to raise and
settle a revenue for defraying the necessary charges of the
government of
this province, in order to support the dignity of it.
"I am
likewise commanded to recommend to your care, the preparing one or
more bill or
bills whereby the right and property of the general
proprietors to
the soil of this province may be confirmed to them,
according to
their respective titles, together with all quit rents and all
other privileges
as are expressed in the conveyances made by the duke of
York; except only
the right of government, which remains in the queen.
"Now,
Gentlemen, I have acquainted you with some of those things which the
king is desirous
to have done: I shall likewise acquaint you, that her
majesty has been
graciously pleased to grant to all her subjects in this
province, (except
papists) liberty of conscience. I must further inform
you, that the
queen has commanded me not to receive any present from the
general assembly
of this province; and that no person who may succeed me
in this
government, may claim any present for the future; I am commanded
to take care,
that her majesty's orders may be entered at large in the
council books,
and the books of the general assembly.
"Now,
gentlemen, I have no more to offer to you at this time, only I
recommend to you
dispatch in the matter before you, and unanimity in your
consultations, as
that which will always best and most effectually conduce
to the good of
the whole."
The governor's
speech being read in the house, produced the following
address, N. C. D.
"May it
please your excellency,
"I am
commanded by this house, to return your excellency our hearty thanks
for your
excellency's many kind expressions to them, contained in your
excellency's
speech; and it is our great satisfaction, that her majesty
has been pleased
to constitute your excellency our governor.
"We are well
assured the proprietors, by their surrender of their rights
to the government
of this province, have put us in circumstances much
better than we
were in under their administration, they not being able to
protect us from
the villainies of wicked men; and haying an entire
dependence on her
majesty, that she will protect us in the full enjoyment
of our rights,
liberties and properties, do thank your excellency for that
assurance you are
pleased to give us of it, and think our stars have been
very propitious
in placing us under the government and direction of the
greatest of
queens, and the best of laws: And we do entreat your
excellency to
believe, that our best endeavours shall not be wanting to
accomplish those
things which shall be for the satisfaction of the queen,
the general good
of our country, and (if possible) to the universal
satisfaction of
all people: With our prayers to the God of Heaven, we
shall join our
utmost endeavours, to unite our unhappy differences; and
hope with the
assistance of your excellency and council it will not be
impossible to
accomplish that blessed work. We shall follow the directions
given in your
excellency's speech, with what dispateh the nature of the
things require;
and hope, that all our consultations may conduce to the
best and greatest
ends.
"Memorandum,
that all the members of this house do agree to the subject
matter above
written, tho' several of them dissent from some of the
expressions
therein contained."
This address
presented, the assembly, after regulating elections complained
of; prepared
several bills; but one only received the governor's assent:
This related to
the purchasing of lands of the Indians, was prepared
pursuant to an
article in Cornbury's instructions, and prohibits purchases
or gifts of lands
being made or received from the Indians without license
of the
proprietors, after the 1st December, 1703, under penalty of
forfeiting forty
shillings per acre; it also retrospects and makes void
all Indian
bargains, gifts, leases or mortgages, without an English title,
unless covered
with a propriety right in six months thereafter. This law
is yet in force.
The governor put
an end to this session, December 13, by observing to the
assembly, that
the season being far advanced, it was absolutely necessary
to conclude
business: That he wished the several bills before himself and
them could have
been dispatched; but that the matters contained in them,
were of so great
moment, the difficulties so many and the time so short,
that it was
impossible to finish: That being now acquainted with the
nature of those
difficulties, they should come prepared in the spring to
remove them, and
provide such good laws as might effectually ascertain the
rights of the
several proprietors, and fully secure every man's property.
These being the
points which would most conduce to the peace and welfare
of the colony,
recommended the council and assembly to employ their
serious thoughts,
that the most effectual means to attain those desirable
ends might be
discovered, and to point out other useful laws, and
concludes with
observing, that they would ever find him ready to consent
to all such
things as should be for the good of the whole.
In 1704, great
inconveniencies were found, by the same coin bearing
different values
in the provinces on the continent; to remedy this by one
general medium,
queen Anne published her proclamation for ascertaining the
value of foreign
coin in America; which seems to claim a place here:
"By the
QUEEN.
"A
proclamation for settling and ascertaining the current rates of foreign
coins in her
majesty's colonies and plantations in America.
"WE having
had under our consideration the different rates at which the
same species of
foreign coins do pass in our several colonies and
plantations in
America, and the inconveniencies thereof; by the indirect
practice of
drawing the money from one plantation to another, to the great
prejudice of the
trade of our subjects; and being sensible, that the same
cannot be
otherwise remedied, than by reducing of all foreign coins to the
same current rate
within all our dominions in America; and the principal
officers of our
mint having laid before us a table of the value of the
several foreign
coins which usually pass in payments in our said
plantations,
according to the weight and the assays made of them in our
mint, thereby
shewing the just proportion which each coin ought to have to
the other; which
is as followeth, viz. Sevill pieces of eight, old plate,
seventeen penny
weight, twelve grains, four shillings and six pence;
Sevill pieces of
eight, new plate, fourteen penny-weight, three shillings
and seven pence
one farthing; Mexico pieces of eight, seventeen penny-
weight twelve
grains, four shillings and six pence; pillar pieces of
eight, seventeen
penny-weight twelve grains, four shillings and six pence
three farthings;
Peru pieces of eight, old plate, seventeen penny-weight
twelve grains,
four shillings and five pence or thereabouts; cross dollars,
eighteen
penny-weight, four shillings and four pence three farthings;
ducatoons of
Flanders, twenty penny-weight and twenty-one grains, five
shillings and six
pence; eau's of France or silver Lewis, seventeen
penny-weight
twelve grains, four shillings and six pence; crusadoes of
Portugal, eleven
penny-weight four grains, two shillings and ten pence one
farthing; the
silver pieces of Holland, twelve penny-weight and seven
grains, five
shilling and two pence one farthing; old rix dollars of the
empire, eighteen
penny-weight and ten grains, four shillings and six
pence; the half,
quarters and other parts in proportion to their
denominations;
and light pieces in proportion to their weight: We have
therefore thought
fit, for remedying the said inconveniencies, by the
advice of our
council, to publish and declare, that from and after the
first day of
January next ensuing the date hereof; no Sevill, pillar, or
Mexico pieces of
eight, though of the full weight of seventeen penny-
weight and a
half; shall be accounted, received, taken or paid, within any
of our said
colonies or plantations, as well those under proprietors and
charters, as
under our immediate commission and government, at above the
rate of six
shillings per piece, current money, for the discharge of any
contracts or
bargains to be made after the said first day of January next;
the halves,
quarters, and other lesser pieces of the same coins, to be
accounted,
received, taken, or paid in the same proportion; and the
currency of all
pieces of eight of Peru, dollars and other foreign species
of silver coins, whether
of the same or baser alloy, shall after the said
first day of
January next, stand regulated, according to their weight and
fineness,
according and in proportion to the rate before limited and set
for the pieces of
Sevill, pillar and Mexico; so that no foreign silver
coin of any sort,
be permitted to exceed the same proportion upon any
account
whatsoever. And we do hereby require and command all our governors,
lieutenant
governors, magistrates, officers, and all other our good
subjects, within
our sald colonies and plantations, to observe and obey
our directions
herein, as they tender our displeasure: Given at our castle
at Windsor, the
eighteenth day of June, 1704, in the third year of our
reign."
Cornbury met the
assembly at Burlington the 7th of September, and
recommended the
preparing a bill to Assembly ascertain the rights of the
general
proprietors to ascertain the rights of the general proprietors to
the soil of the
province, to settle a fund for support of government; and
a French
privateer having committed depredations on the settlers about
Sandy Hook, he
thence took occasion to press for a law to establish a
militia, and fix
a watch house on the Navesink hills. The house took the
matters into
consideration: It does not appear but they intended to make
such provision on
those occasions, as suited the circumstances of the
province, yet
their proceedings on the whole, were not to his mind; on the
28th therefore,
he abruptly sent for and dissolved them, and issued writs
for a new
election; to meet at Burlington the 13th of November following:
This election was
industriously managed, and a majority of members
procured to his
mind; they met at the time, and being divided in the
choice of a
speaker, Peter Fretwell and John Bowne, candidates, and the
votes equal, they
called upon their clerk, (William Anderson), to give the
casting vote,
which he did for Fretwell, who was accordingly placed in the
chair;3 then
receiving the speech, they by an address complimented
Cornbury, with going
through the affairs of government "with great
diligence and
exquisite management, to the admiration of his friends, and
envy of his
enemies;" and passed a bill to raise two thousand pounds 4 per
annum, by tax,
for support of government, to continue two years.
Several other
laws were passed this session, and amongst them one for
establishing a
militia, by the unnecessary severity of which, those
conscientiously
scrupulous of bearing arms in many parts were great
sufferers.
On the 12th of
December, the governor adjourn'd them 'till next year, with
more encomiums on
their conduct, than many of them got from their
constituents on
their return home; during this whole session, they had
tamely suffered
the arbitrary practices of Cornbury, to deprive them of
three of their
most substantial members, Thomas Gardiner, Thomas Lambert
and Joshua
Wright, under pretence of their not owning land enough to
qualify them to
sit there, tho' they were known to be men of sufficient
estates; and the
same assembly at their next meeting at Amboy, in 1705,
themselves
declare, the members had heretofore satisfied the honse of
their being duly
qualified to sit in the same; and they were then
admitted, when
the purposes of their exclusion were answered: This sitting
was in October
and November, but produc'd nothing of much consequence; the
session which
followed at the same place in October, 1706, likewise proved
unsuccessful; and
now Cornbury again dissolvd the assembly.
In the 11th month
this year, the council of proprietors for the western
division, met
according to their usual practice; present, William Biddle,
president, Samuel
Jenings, George Deacon, John Wills, William Hall,
Christopher
Wetherill and John Kay; to this council Cornbury sent an order
to resolve him in
certain points proposed to them, which for some reasons,
were at present
delayed; but in the spring next year, he sent for the
council of
proprietors to attend him in council at Burlington, and there
proposed sundry
questions on the same subject, demanding a categorical
answer to each;
they soon resolved him by sending 5 a summary of their
constitution and
establishment as follows:
"The answer
delivered to the governors three questions, delivered to him
by the council of
proprietors.
"WHEREAS our
governor the lord Cornbury, was pleased at our attending on
him in council
the thirteenth day of this instant May, to require answers
to three
questions, viz. who was the council of proprietors the last year;
and who are
chosen for this year, and to have the names of them? the
second is, what
are the powers the said council pretend to have? the
third, by whom
constituted?
"And in
obedience thereto, we being part of the trustees, or agents
commonly called
the council of proprietors, are willing to give all the
satisfaction we
are able, in humble answer to his lordships requirings,
viz.
"First, the
persons chosen for the last year to serve the proprietors as
agents or
trustees, were William Biddle, Samuel Jenings, George Deacon,
John Wills, and
Christopher Wetherill, for the county of Burlington; and
John Reading,
Francis Collings, John Kay and William Hall, of Salem, for
the county of
Gloucester, and below; and for this present year 1707,
William Biddle,
Samuel Jenings, Lewis Morris, George Deacon, John Wills,
John Kay, John
Reading, Thomas Gardiner and William Hall of Salem.
"2. In the
year 1677, the first ship that came here from England, which
brought the first
inhabitants that came to settle in these remote parts,
by virtue of
Byllinge's right, before she sail'd the proprietors being
met together at
London, thought it advisable to settle some certain
method how the
purchasers of land from Byllinge, &c. should have their
just rights laid
forth to them, concluded on a number of persons, viz.
Joseph Helmsly,
William Emly, John Penford, Benjamin Scott, Daniel Wills,
Thomas Olive and
Robert Stacy, as should be called commissioners, and they
were first
impowered to purchase what land they could from the Indians,
and then to
inspect all rights, as any lands were claimed, and when
satisfied
therein, to order the laying it out accordingly; which
commissioners
when arrived here, did forthwith make several purchases of
land, and acted
as aforesaid, for some time, 'till some of them being not
longer able to
struggle with such hunger, and many other great hardships
as were then met
withal, return'd again for England; so for preventing
confusion among
the people, the assembly took the trouble of it on them;
this continued in
practice 'till about the year 1687; then the assembly
having much other
business, and being not able to spend their time and
money abroad,
would not longer be troubled with that business, as was
wholly belonging
to the proprietors, and so threw it out of the house, and
told the
proprietors they might choose a convenient number of persons of
themselves, to
transact their own business: Accordingly the 14th day of
February, the
same year, the proprietors met at Burlington, and then and
there chose and
elected eleven persons of themselves, to act for the
whole, for the
next ensuing year; but then finding that so many and at
such distances
being hard to be got together, they next year chose but
nine, and
accordingly signed instruments for the confirming that
constitution, of which
his lordship has a copy; and the same methods have
been every year
since practised to this present year 1707; and in all this
time no
inconveniencies hath arisen from it, but on the contrary, much
ease and
advantage to the proprietors; as by a further declaration of many
other of the
proprietors under their hands, is ready to be proved.
"Now as to
the powers of those as are now and have all along been, they
are the same with
the first that came over from England in the year 1677;
that is to say,
to purchase land of the Indians, with the consent and
advice of the
said proprietors as chose them, and to inspect the rights
of every man as
shall claim any land, so that the same may be surveyed
to him or them;
and for the more easy and speedy settling of the province,
commissioners
have been appointed in each county, to inspect all rights as
aforesaid; the
said agents, trustees or council, also to choose a
recorder, a
surveyor general and rangers in each county, to range for the
benefit of the
said general proprietors, and to appoint persons to prevent
the wasting and
destroying of the proprietors timber, upon their
unsurveyed lands,
&c.
"The
proprietors residing in England, have had knowledge of a committee of
the agents or
trustees of the proprietors here, who were to act and
negotiate their
affairs by their agents, from time to time, acting in
conjunction with
them, as Adlord Boud, John Tatham, agents to doctor Coxe;
and when Jeremiah
Bass was agent, he acted with them also; after him, when
our late governor
Hamilton was made agent, he acted as one of the said
agents, trustees
or council for several years, and was president of the
same; and now
Lewis Morris as agent to the society, is one of the said
trustees or
council; and not only the agents of the agents of the
proprietors at
home, but any proprietor now hath, and have had liberty,
to come and meet
with the said agents, trustees or council, when he or
they pleased.
"Lastly, as
to the constitution of the said agents, trustees or committee,
and by whom constituted;
it is on certain days in the county of Burlington
and Gloucester,
yearly and every year, they are chosen by the proprietors:
The above is as
good an account as we that are present are able to give,
in answer to what
was required of us by his lordship, and pray it may find
acceptance as
such; but if any further thing may seem needful to be
answered, we
humbly pray it may for this time be suspended, 'till the
whole can be got
together."
The writs for a
new assembly were returnable to Burlington, the 5th of
April, 1707. In
this Assembly it soon appeared, Cornbury had not the
success in
elections as in the last choice; his conduct was arbitrary, and
the people
dissatisfied; the assembly chose Samuel Jenings, speaker,6
received the
governor's speech, and soon after resolved into a committee
of the whole
house to consider grievances; this committee continued
sitting from day
to day, 'till at length they agreed upon fifteen
resolves, and by
petition to the queen laid them before her, on the 8th of
the month called
May, they also remonstrated their grievances to the
governor, as
follows:
"May it
please the governor,
"WE, her
majesty's loyal subjects, the representatives of the province of
New-Jersey, are
heartily sorry, that instead of raising such a revenue as
is by the
governor (as we suppose by the queen's directions) required of
us, we are
obliged to lay before him the unhappy circumstances of this
province: it is a
talk we undertake not of choice, but necessity, and have
therefore reason to
hope, that what we say may meet with a more favourable
reception.
"We pray the
governor to be assured, it is our misfortune extorts this
procedure from
us, and that we should betray the trust reposed in us by
our country, did
we not endeavour to obtain relief.
"The
governor encourages us to hope he will not be deaf to our entreaties,
nor by his denial
render our attempts for the best ends fruitless.
"We may not
perchance rightly apprehend all the causes of our sufferings,
but have reason
to think some of them are very much owing to the governors
long absence from
this province, which renders it very difficult to apply
to him in some
cases which may need a present help.
"It were to
be wished the affairs of New-York would admit the governor
oftener to attend
those of New-Jersey, he had not then been unacquainted
with our
grievances; and we are inclined to believe they would not have
grown to so great
a number.
"It is
therefore, in the first place, humbly presented to the governor's
consideration,
that some persons under sentence of death for murder, have
not only remained
'till this time unexecuted, (they being condemned not
long after lord
Cornbury's accession to this government) but often have
been suffered to
go at large; it's possible the governor has not been
informed, that
one of those persons is a woman who murdered her own child;
another of them a
woman who poisoned her husband: The keeping of them so
long has been a
very great charge, and how far it's a reflection on the
publick administration,
to suffer such wretches to pass with impunity, we
dare not say; but
sure the blood of those innocents cries aloud for
vengeance, and
just Heaven will not fail to pour it down upon our already
miserable
country, if they are not made to suffer according to their
demerits.
"Secondly,
we think it a great hardship, that persons accused for any
crime, should be
obliged to pay court fees, notwithstanding the jury have
not found the
bill against them; they are men generally chose out of the
neighbourhood,
and should be the most substantial inhabitants, who cannot
well be supposed
to be ignorant of the character of the person accused,
nor want as good
information as may be had; when therefore they do not
find the bill, it
is very reasonable to suppose the accused person
innocent, and
consequently no fees due from him; we pray therefore, that
the governor will
give his assent to an act of assembly to prevent the
like for the
future; otherwise no person can be safe from the practices of
designing men, or
the wicked effects of a vindictive temper.
"Thirdly,
the only office for probate of wills being in Burlington, it
must be very
expensive and inconvenient for persons who live remote to
attend it,
especially for the whole Eastern division; we therefore pray the
governor will
assent to an act to settle such an office in each county, or
at least in each
division of this province, and that the officers be men of
good estates, and
known integrity in the said county or division.
"Fourthly,
that the secretary's office is not also kept at Amboy, but
that all the
Eastern division are forced to come to Burlington, that have
any business at
said office, is a grievance which we hope the governor
will take care to
redress; it seeming inconsistent with the present
constitution of
government established by the queen, which doth not
admit one of the
divisions of this province to enjoy more privileges than
the other; we
therefore entreat the governor not to take it amiss, that we
desire his assent
to an act to be passd to oblige the secretary to keep the
office at both
places
"Fifthly,
the granting of patents to cart goods on the road from
Burlington to
Amboy, for a certain number of years, and prohibiting
others, we think
to be a grievance that is contrary to the statute 21 Jac.
1. c. 3. against
monopolies; and being so, we doubt not, will easily induce
the governor to
assent to an act to prevent all such grants for the future;
they being
destructive to that freedom which trade and commerce ought
to have.
"Sixthly, the
establishing fees by any other power or authority than by
the governor,
council and representatives met in general asssembly, we
take to be a
great grievance, directly repugnant to Magna Charta, and
contrary to the
queen's express instructions in the governor's nstructions,
which says, 'You
are to take care, that no man's life, member, freehold or
goods, be taken
away or harmed in our province, under your government,
otherwise than by
established and known laws, not repugnant to, but as
near as much as
may be, agreeable to the laws of England;' we therefore
pray, that the
governor will assent to an act to be pass'd to settle fees;
without which we
think no more can be legally demanded, than the persons
concerned by
agreement oblige themselves to pay.
"Seventhly,
the governor putting the former publick records of the Eastern
division of this
province into the hands of Peter Sonmans, pretended agent
to the
proprietors, one that does not reside in the province, nor has not
given security for
the well and true keeping of them, as is by the queen
directed, and
kept them so that her majesty's subjects cannot have
recourse to them;
and their being carried out of the division, is a great
and crying
grievance: They are the only evidences that one half of this
province has to
prove the titles to their estates, and this house is
humbly of
opinion, they ought to be so kept, that persons may have
recourse to them;
and in the hands of such of whose fidelity there is no
reason to doubt;
this being a thing so reasonable, encourages us to
request the
governor to assent to an act to be passed to put them in
proper hands for
the future, that the country may not be under the same
disappointments
they now are.
"These,
governor, are some of the grievances this province complains of;
and which their
representatives desire may be redressed; but there are
others of a
higher nature, and attended with worse consequences; they
cannot be just to
the governor, themselves, or their country, should they
conceal them: We
did expect when the government of the Jersies was
surrendered, to
feel the benign influences of the queen's mild government,
under her more
immediate administration, and to be protected in the full
enjoyment of our
liberties and properties, the last of which we thought
ourselves
something more secure in than some of the neighbouring
plantations; and
had an entire dependance that her majesty's royal bounty
and goodness
would never be wanting to make us easy and happy, even beyond
our wishes: It is
our misfortune, that we must say, the success has not
answered the
expectation, and the queen's subjects here have felt the
reverse of what
they had most reason to hope; that greatest and best of
princes is,
without all peradventure, ignorant of our pressures, or we had
long since had
relief; she is too good to continue even the deserved
sufferings of the
miserable, and has more of Heaven in her than to hear
the cry of those
that groan under oppression, and the unkind effects of
mistaken power, to
whom we owe our miseries; and what they are, the sequel
shews.
"In the
first place, the governor has prohibited the proprietors agents,
commonly called
the council of proprietors, from granting any warrants for
taking up of land
in the Western division of this province: We cannot see
by what law or
reason any man's property can be disposed of by the
governor without
his consent: The proprietors when they surrendered their
government, did
not part with their soil, and may manage it as they think
fit, and are not
to take directions from any person whatsoever, how and
when to do it; if
any persons concerned be grieved, the laws are open, by
which disputes in
property are decided; and he doubtless will not be left
remediless. We
are very sorry the governor gives us occasion to say, it is
a great
encroachment on the proprietors liberties; but we are not suprised
at it, when a
greater encroachment on our liberties lead the way to it,
and that was the
governor's refusing to swear or attest three members of
the last assembly
upon the groundless suggestions of Thomas Revel and
Daniel Leeds, two
members of the queen's council, by which they were kept
out of the
assembly: We are too sensibly touch'd with that procedure, not
to know what must
be the unavoidable consequences of a governor's refusing
to swear which of
the members of an assembly he thinks fit; but to take
upon himself the
power of judging of the qualifications of assembly-men,
and to keep them
out of the house (as the governor did the aforesaid three
members nigh
eleven months 'till he was satisfied in that point) after the
house had
declared them qualified; is so great a violation of the
liberties of the
people, so great a breach of the privileges of the house
of
representatives, so much assuming to himself a negative voice to the
freeholders
election of their representatives, that the governor is
entreated to
pardon us, if this is a different treatment from what we
expected: It is
not the effects of passionate heats, the transports of
vindictive tempers;
but the serious resentments of a house of
representatives,
for a notorious violation of the liberties of the people,
to whom they
could not be just, nor answer the trust reposed in them,
should they
decline letting the governor know they are extremely
dissatisfied at
so unkind a treatment, especially when its causes and
effects conspire
to render it so disagreeable.
"It is
notoriously known, that many considerable sums of money have been
raised to procure
the dissolution of the first assembly, to get clear of
the proprietors
quit-rents, and to obtain such officers as the
contributors
should approve of; this house has great reason to believe,
the money so
gathered was given to lord Cornbury, and did induce him
to dissolve the
then assembly, and by his own authority keep three members
out of the next
assembly, and put so many mean and mercenary men into
office; by which
corrupt practice, men of the best estates are severely
harrassed, her
majesty's good subjects in this province so impoverished,
that they are not
able to give that support to her majesty's government as
is desired, or as
they would be otherwise inclined to do; and 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, but
holds them as tenant by courtesy and at will, and may be
stript of them at
pleasure: Liberty is too valuable a thing to be easily
parted with, and
when such mean inducements procure such violent
endeavours to tear
it from us, we must take leave to say, they have
neither heads,
hearts, nor souls, that are not moved with the miseries of
their country,
and are not forward with their utmost power lawfully to
redress them.
"We conclude,
by advising the governor to consider what it is that
principally
engages the affections of a people, and he will find no other
artifice needful
than to let them be unmolested in the enjoyment of what
belongs to them
of right; and a wise man that despises not his own
happiness, will
earnestly labour to regain their love.
"By order of
the house,
"Samuel
Jenings, speaker."
By this
remonstrance may be seen much of the history of the times, and that
tho' things were
carried to arbitrary lengths, there were not wanting in
the province, men
of discernment to see and lament the unhappy situation
of their country,
and of spirit to oppose it's greatest enemies; several
such were in this
assembly, the speaker in particular,7 had very early
known New-Jersey,
had lived thro' many changes and commotions, to see
great alterations
in it; much concerned in publick transactions, he knew
what belonged to
a public character; he had governed the western part of
the Province for
several years, with integrity and reputation; saw the
advantages of a
just confidence, and that it could not be acquired another
way; that though
the office was in itself respectable, it was the honest
execution of it
according to its dignity, that produced the intended
service, and
secured the approbation of a kind but watchful mistress; for
such queen Anne
was accounted to her governors. Jenings was also
undaunted, and
lord Cornbury on his part, exacted the utmost decorum;
while as speaker
he was delivering the remonstrance, the latter frequently
interrupted him
with a stop, what's that, &c. at the same time putting on
a countenance of
authority and sternness, with intention to confound him;
with due
submission, yet firmness, whenever interrupted, he calmly desired
leave to read the
passages over again, and did it with an additional
emphasis upon
those most complaining; so that on the second reading they
became more
observable than before;8 he at length got through; when the
governor told the
house, to attend him again on saturday next, at 11
oclock, to
receive his answer; he did not get ready 'till the twelfth,
when sending for
the house, he delivered his answer.
1 The names of
the first members of council after the surrender are in
lord Cornbury's
instructions. The first representatives were: For the
eastern Division:
Obadiah Bown, Jedediah Allen, Michael Howden, Peter Van
Este, John Reid,
John Harrison, Cornelius Tunison, Richard Hartshorne,
Col. Richard
Townly For the western Division: Thomas Lambert, William
Biddle, William
Stevenson, Restore Lippincott, John Kay, John Hugg, jun.,
Joseph Cooper,
William Hall, John Mason, John Smith For the town of
Burlington: Peter
Fretwell, Thomas Gardiner. City of Perth-Amboy: Thomas
Gordon, Miles
Forster.
2 Son of him
whose death is mentioned before.
3 The members of
this assembly were:
For the Eastern
division: John Bown, Richard Hartshorne, Richard Salter,
Obadiah Bown,
Anthony Woodward, John Tunison, John Lawrence, Jasper Crane,
Peter Vaneste,
Thomas Gordon, John Barclay, John Royse.
For the Western
division: Restore Lippincott, John Hugg, John Kay, John
Smith, William
Hall, John Mason, Thomas Bryan, Robert Wheeler, Peter
Fretwell, Thomas
Lambert, Thomas Gardiner, Joshua Wright.
4 The lieutenant governor
Ingoldsby received 600 l. out of the sum.
5 It was
delivered to Cornbury in council, the 30th, the proprietors then
present, were,
Samuel Jenings, William Hall, Thomas Gardiner, John Wills,
John Kay,
Christopher Wetherill and Lewis Morris; with the answer they
delivered to the
governor and council, two papers containing the names of
several of the
proprietors, declaring their approbation of the council,
and one Indian
deed.
6 The members now
were,
For the Eastern
division: John Harrison, Lewis Morris, Elisha Parker,
Thomas Farmer,
Jasper Crane, Daniel Price, John Bown, William Lawrence,
William Morris,
Enoch Mackelson, John Royce, Thomas Gordon.
For the Western
division: Peter Canson, William Hall, Richard Johnson,
John Thomson,
Bartholomew Wyatt, John Wills, Thomas Bryan, Samuel Jenings,
Thomas Gardiner,
John Kay, Philip Rawle.
7 Lewis Morris,
also now distinguished himself with great activity in
behalf of
privilege, and had a large share in the whole conduct of this
assembly; of him
more hereafter.
8 After the house
was gone, Cornbury with some emotion, told those with
him, that Jenings
had impudence enough to face the D-l.