CHAPTER IV.

From the Purchase of East Jersey, by the Quakers, to the Surrender of the two Provinces to the Crown, 1682-1702.-I. Purchase of East Jersey by Penn and his Associates. They admit others, not Quakers, to participate in the Purchase. -II. Robert Barclay appointed Governor for Life-Scotch Emigrants-Deputy Governors-Foundation of Amboy-Vain Efforts at Commerce.-III. Efforts of James II. to destroy Colonial Charter-Defeated by the Revolution.-IV. Andrew Hamilton, Deputy Governor-Death of Robert Barclay-InterregnumAndrew Hamilton, Governor-in-Chief-Superseded by Jeremiah Basse-Reappointed—Discontent of the Colonists.-V. Attempt of New York to tax the Colony.-VI. Proposition from the English Ministers for the Surrender of the Proprietary Governments-Negotiations relating thereto.-VII. Final and unconditional Surrender-Lord Cornbury appointed Governor-Outline of the new Government.-VIII. Stationary Condition of New Jersey-Causes thereof.IX. Condition of the Aborigines-Purchases of their Lands-Traditions of their Origin-Tribes most noted in New Jersey-Treaty at Crosswicks-at Burlington and Easton-Final Extinction of Indian Title to the Soil of New Jersey.X. Review of the Title under the Proprietaries of East Jersey.-XI. Review of Title of Proprietaries of West Jersey.—XII. Of the Partition Line between East and West Jersey.

I. The success of their experiment in West Jersey, encouraged the Quakers of Great Britain, to avail themselves of the opportunity, that was now afforded, in the proposition for the sale of East Jersey, of enlarging the sphere of their enterprise, by the acquisition of that province. In February, 1682, William Penn, with eleven others of his religious faith,* purchased the colony from the devisees of Sir George Carteret. This territory, then, contained about five thousand inhabitants, the great majority of whom were not Quakers. There were populous settlements at Shrewsbury, Middletown, upon the Raritan and Millstone rivers; at Piscataway, Woodbridge, and Elizabethtown; at Newark, and upon the banks of the Passaic and Hackensack rivers; at Bergen, and along the bay and bank of the Hudson. Whether to allay the jealousy, with which, the inhabitants might have regarded a government, wholly composed of men whose principles dif fered greatly from their own, or for the purpose of fortifying their interest at court, by associating influential men with their enterprise, the twelve purchasers hastened to assume twelve other partners, among whom were the Earl of Perth, Chancellor of Scotland, and Lord Drummond, of Gilston, Secretary of State for that kingdom.† In favour of the twenty-four, the Duke of York executed his third and last grant of East Jersey, 14th March,

*The associates of Penn were Robert West, Thomas Rudyard, Samuel Groome, Thomas Hart, Richard Mew, Thomas Wilcox, Ambrose Rigg, Hugh Hartshorne, Clement Plumstead, Thomas Cooper, and John Hayward.

The names of the additional twelve, were James, Earl of Perth, Sir George McKenzie, John Drummond, Robert Barclay, David Barclay, Robert Gordon, Robert Burnett, Peter Sonmans, James Braine, Gawen Turner, Thomas Nairne, Thomas Cox, and William Dockwra.

From the dedication of Scott's model of East Jersey, it appears that Viscount Tarbet and Lord M'Leod, two other powerful Scotch nobles, became, shortly after, proprietaries. Sir George M'Kenzie, Lord Advocate of Scotland, whom his cotemporaries justly denominated, the bloody M'Kenzie, was infamously distinguished as a witness for the crown, on the trial of Lord Russell.-Grahame's Col. Hist. vol. ii. p. 351. n.

† Grahame's Col. Hist.

1682, with full powers of government. To facilitate the exercise of their dominion, they, also, obtained from the King, a royal letter, addressed to the governor, council, and inhabitants of the province, stating, the title of the purchasers to the soil and jurisdiction, and requiring due obedience to their government.*

Among the new proprietaries of East Jersey, was the celebrated Robert Barclay, of Urie, a Scottish gentleman, who had been converted to Quakerism, and, in defence of his adopted principles, had published a series of works, which elevated his name, and his cause, in the esteem of all Europe. Admired by scholars and philosophers, for the stretch of his learning, and the strength and subtlety of his understanding, he was endeared to the members of his religious fraternity, by the liveliness of his zeal, the excellence of his character, and the services which his pen had rendered to them. To the King and the Duke of York, he was recommended, not less by his distin guished fame, than by the principles of passive obedience, professed by the sect of which he was leader; and with the royal brothers, as well as with some of the most distinguished of their Scottish favourites and ministers, he maintained a friendly and confidential intercourse. Inexplicable, as to many, such a coalition of uncongenial characters may appear, it seems, at least, as strange a moral phenomenon, to behold Barclay and Penn, the votaries of universal toleration and philanthropy, voluntarily associating, in their labours, for the education and happiness of an infant community, such instruments as Lord Perth, and other abettors of royal tyranny and ecclesiastical persecution, in Scotland.†

II. By the unanimous choice of his colleagues, Robert Barclay was appointed, for life, first governor of East Jersey, under the new proprietary administration, with dispensation from personal residence, and authority to nominate his deputy. The most beneficial event of his presidency, was the emigration of many of his countrymen, the Scotch, to the province; a measure, effected, it is said, with much difficulty and importunity. For, although the great bulk of the nation was suffering the rigours of tyranny, for their resistance to the establishment of prelacy, they were reluctant to seek relief in exile from their native land. The influence of Barclay and other Scotch Quakers, however, co-operated with the severities of Lord Perth, and the other royal ministers, to induce many, particularly, from Aberdeen, the governor's native county, to seek this asylum. In order to instruct the Scotch, more generally, of the condition of the colony, and to invite them to remove thither, an historical and statistical account of it was published, with a preliminary treatise, combatting the prevailing objection to expatriation. This work was, probably, composed, in part, by Barclay; but was ascribed to George Scott, of Pitlochie, and was eminently successful. As a farther recommendation of the province, to the favour of the Scotch, Barclay, subsequently, displaced Lawrie, a Quaker, whom he had appointed deputy, and conferred this office on Lord Neil Campbell, uncle of the Marquis of Argyle, who resided some time in the province as its lieutenant governor. The

*Leaming and Spicer's Col. Grahame, vol. ii. p. 351.

+ Grahame's Col. Hist. vol. ii. p. 354. See Appendix, L.

It bore the title of The Model of the Government of the Province of East New Jersey, in America, and contains a minute account of the climate, soil, institutions, and settlements of the province. See Appendix, M.

§ Grahame's Col. Hist. vol. ii. p. 358. Oldmixon and Smith concur, in relating that Lord Neil Campbell succeeded Barclay as governor. But this seems an error of Oldmixon, which Smith has incautiously copied; for, from a document, preserved by Smith himself, (p. 196) Barclay, in 1688, as governor of East Jersey, subscribed an agreement of partition between it and West Jersey.

more wealthy of the Scotch emigrants, were noted for bringing with them a great number of servants, and in some instances, for transporting whole families of poor labourers, whom they established on their lands, for a term of years, endowing them with competent stock, and receiving in return, one half of the agricultural produce.

The first Deputy Governor, under Barclay, was Thomas Rudyard, an attorney of London, noted for his assistance at the trial of Penn and Mead, who arrived at his government, early in 1683. He was superseded, however, at the close of the year, by Gawn Lawrie, also of London, who had been one of Byllinge's trustees, for West Jersey. The efforts of Rudyard, of Samuel Groome, who was the surveyor of the proprietaries, and of Lawrie, were strenuously directed to create a city, at Amboy Point; a plan for which, the proprietaries had published, with an invitation to adventurers. They laid the ground out in lots, with out-lots, or small farms, appendant to them, put up houses on account of the proprietaries, in order to entice settlers, and proclaimed the advantages of its situation, in England and America. The town at first called Ambo, the Indian name for point, received soon after, the addition of Perth, in honour of the Earl, and was thenceforth known, as Perth Amboy. The endeavours of the proprietaries, in this respect, were crowned with very partial success; nor were their equally earnest efforts to establish foreign trade with their city, more happy. New York possessed, in her more advantageous position, and greater capital, the means of suppressing all rivalry, to which her governors did not hesitate to add force; seizing, in the very port of Amboy, vessels engaged in foreign trade, carrying them to New York, for adjudication, upon alleged breach of commercial regulations.

The new proprietaries do not appear to have deemed any modification of the civil polity of the country necessary. In their description of the province, they commended the concessions of Berkeley and Carteret, and promised to make such additions to them as might be found necessary. Their administration for several years seems to have been satisfactory to the inhabitants; and with some inconsiderable exception, the discord arising from opposing titles, was stilled.

III. But James II., who had now ascended the throne,* had little respect for the engagements of the Duke of York. Nor could his seeming friendship for Barclay, nor the influence of the Earl of Perth, and the other courtier proprietors, deter him from involving New Jersey in the design he had formed of annulling all the charters and constitutions of the American colonies. A real or pretended complaint was preferred to the English court, against the inhabitants of the Jerseys, for evasion of custom-house duties. The ministers, eagerly seizing this pretext, issued writs of quo warranto, against both East and West Jersey; and directed the Attorney-General to prosecute them with the greatest possible expedition. The reason assigned for this proceeding, was, the necessity of checking the pretended abuses "in a country, which ought to be more dependent upon his majesty." Aroused by this blow, the proprietaries of East Jersey presented a remonstrance to the King; reminding him, that, they had not received their province as a benevolence, but had purchased it, at the price of many thousand pounds, to which they had been encouraged, by his assurances of protection; that they had already sent thither several hundreds of the people from Scotland; and that, if satisfactory, they would propose to the New Jersey Assembly, to impose the same taxes there, that were paid by the people of New York. They entreated, that if any change should be made in the condition of the

* On the death of Charles II., 6th February, 1685.

provinces, it might be, by the union of East and West Jersey, to be ruled by a governor, selected by the King from the proprietaries. But James was inexorable, and gave to their remonstrances no other answer, than that he had resolved to unite the Jerseys, New York, and the New England colonies, in one government, dependent upon the crown, and to be administered by Andross. Unable to divert him from his arbitrary purpose, the proprietaries of East Jersey, not only abandoned the contest, for the privileges of their people, but consented to facilitate the execution of the King's designs, as the price of respect, for their interest in the soil. They made a formal surrender of their patent, which being accepted by the King, the proceedings on the quo warranto were stayed, with regard both to East and West Jersey.* Seeing no resistance to his will, the King was less intent on consummating his acquisition; and while the grant of the soil to the proprietaries, which was necessary for this purpose, still remained unexecuted, the completion of the design was abruptly intercepted by the British revolution.

IV. Upon the departure of Lord Neil Campbell, from Jersey, after a few months residence only,† Andrew Hamilton, Esq., a respectable Scotch gentleman, became Deputy Governor; which office he continued to exercise, until June, 1689, when, by his return to Europe, it was vacated, and so remained, until his second arrival, in August, 1692. During this interval, there appears to have been no regular government in New Jersey. The peace of the country was preserved, and the prosperity of its inhabitants promoted, by their honesty, sobriety, and industry. In the mean time, Robert Barclay died; ‡ having retained the government in chief, during his life. At his death, this power reverted to the proprietaries; who having, by sales and subdivisions of their rights, become too numerous, readily to ex press their will, some delay occurred in filling the vacancy. In March, 1692, Andrew Hamilton, received the commission of Governor-in-chief; which, the proprietaries were, nevertheless, compelled, very reluctantly, to revoke in March, 1697, in consequence of a late act of parliament, disabling all Scotchmen, from serving in places of public trust and profit, and obliging all colonial proprietors to present their respective governors to the King, for his approbation. In his place, they appointed Jeremiah Basse, who arrived in the province, in May, 1698; but, who, though instructed by the ministers of the King, had not the royal approbation in the form prescribed, nor it seems, the voice of a majority of the proprietaries. These circumstances, added to the hostility borne to the proprietary government, by such of the settlers, as held their lands by adverse title, occasioned disobedience to his authority; to enforce which, he imprisoned some of the most turbulent malcontents. This energetic measure served but to increase the public dis satisfaction; to allay which, Colonel Hamilton was reappointed, notwithstanding the statute, which was now construed, not to extend to the provinces, and without the royal sanction. A new pretence for disobedience was thus afforded, which was immediately seized; and a petition and remonstrance was sent, by the disaffected, to the King, complaining of their griev ances, and praying redress. This document betrayed the source of these commotions to be the claims of the proprietors to the exclusive possession of the soil under the Duke of York's grants, their demand of quit-rents, and repudiation of the title alleged to have been derived from Indian grants and the approbation of Colonel Nicholls. The petitioners close their remonGrahame's Col. Hist.

* April, 1688. Smith, App. 558, &c.

From 10th Oct. 1686, to March, 1687. MSS. Records, Secretary's Office, Amboy. Smith's Hist. App. 558.

3d October, 1690.

strance, with a prayer, that if the rights of government be in the proprietaries, his Majesty would compel them to commission for governor, some one qualified by law, who, as an indifferent judge, might decide the controversies, between the proprietaries and the inhabitants.*

V. To these causes of uneasiness, another was at this period superadded, affecting alike, the proprietaries and the people, in the renewed assumption by New York, of supremacy over New Jersey, manifested in an attempt to levy taxes by law upon that province. This effort, though encouraged by King William, was as unsuccessful as those which had preceded it. The Crown lawyers, to whom the complaint of the Jersey proprietors was referred, reported, that no customs could be imposed on the Jerseys, otherwise, than by Act of Parliament, or their own assemblies.†

VI. At length, the proprietaries of East and West Jersey, embarrassed by their own numbers, and by the searching and critical spirit of their people, finding that their seignoral functions tended only to disturb the peace of their territories, and to obstruct their own emoluments from the soil, hearkened to an overture from the English ministers, for the surrender of their gubernatorial power to the Crown. They were further induced to this measure, by the desire to avoid a tedious and expensive lawsuit, with which they were threatened: the Lords of Trade having resolved to controvert their rights of Government by a trial at law, in which they would probably have taken the broad ground, that the King was not competent to subdivide and alienate the sovereign power. The determination of the Lords on this head had prevented the confirmation of the appointment of Col. Hamilton to the office of Governor of East and West Jersey, respectively, and such was the confusion in the provinces, consequent upon this rejection, that many of the proprietaries, whilst professing their readiness to surrender the government upon such terms and conditions as were requisite for the preservation of their properties and civil interests, earnestly prayed that Col. Hamilton might be approved, until the surrender could be effected. But, whilst they seemed to make this approbation almost a condition of their surrender, other proprietaries refused to join in the petition to that effect, though expressing their readiness to yield the government. Under these circumstances, the Lords of Trade, upon consideration, that, the disorders into which the province had fallen were so great, that, the public peace and administration of justice was interrupted and violated, and that no due provision could be made for the public defence, recommended that his Majesty should appoint a Governor by his immediate commission, with such instructions as might be necessary, for the establishment of a regular constitution of government, by a Governor, Council, and General Assembly, and other officers; for securing to the proprietors and inhabitants, their properties, and civil rights; and for preventing the interference of the Colony with the interests of his Majesty's other plantations, as the proprietary governments in America had generally done.

VII. The proprietaries were desirous to annex special conditions to their surrender, which they inserted in several memorials. It was finally, however, made, absolutely and unrestricted, by all parties interested in both provinces, before the privy council, on the 17th of April, 1702; and Queen Anne proceeded forthwith to reunite East and West Jersey into one province, and to commit its government, as well as that of New York, to her kinsman Edward Hyde, Lord Cornbury, grandson of the chancellor, Earl of Clarendon. The commission and instructions which this nobleman received, formed the con

* Smith's Hist. App. 560.

Smith's N. J. App. No. 12, 13, 14.

+ Grahame's Col. Hist. vol. ii. p. 361.