History of Nova Caesarea - Part 8



CHAP. XIX.
Lord Lovelace arrives governor; Convenes a new assembly; they apply to him
for a hearing on the subject of the lieutenant governor and council's
application to the queen; His death; is succeeded by the lieutenant
governor Ingoldsby; The first paper currency; Arrival of governor Hunter;
A short account of the first expedition to Canada; A new assembly chosen;
their first session in Hunter's time.

John Lord Lovelace, baron of Hurley, being appointed to succeed lord
Cornbury; he summoned the council to meet him at Bergen, December 20, 1708,
published his commission, and met a new asssembly 1 in the spring, at
Perth-Amboy, and informed them by speech:

That he was very sensible of great difficulties attending the honorable
employment in which her majesty had placed him, and he hoped they would
never fail to assist him to serve the queen and her people; that her
majesty had shewn, in the whole course of her reign (a reign glorious
beyond example) how much she aim'd at the good and prosperity of her
people; having with indefatigable pains united her two kingdoms of England
and Scotland, and continued the same application to unite the minds of all
her subjects; that this was her great care, and ought to be the care of
those whom she deputed to govern the distant provinces not happy enough by
situation to be under her more immediate government; that as he could not
set before him a better pattern, he should endeavour to recommend himself
to them, by following as far as he was able, her example; that he should
not give them any just cause of uneasiness, under his administration, and
hoped they would bear with one another; that past differences and
animosities ought to be buried in oblivion, and the peace and wellfare of
the country alone, pursued by each individual; that her majesty would not
be burthensome to her people; but there being an absolute necessity that
the government be supported, he was directed to recommend that matter to
their consideration; that they knew best what the province could
conveniently raise for its support, and the easiest methods of raising it;
that the making a law for putting the militia on a better footing than it
at present stood, with as much ease to the people as possible, required
their consideration; that he should always be ready to give his assent to
whatever laws they found necessary, for promoting religion and virtue; for
the encouragement of trade and industry, and discouragement of vice and
prophaneness, and for any other matter or thing relating to the good of the
province.

The assembly, in their turn, told the governor by address; that they
esteemed it their great happiness, that her majesty had placed a person of
so much temper and moderation over them, and made no question he would
surmount every difficulty with honour and safety.

That her majesty's reign would make a bright leaf in history; that it was
the advantage of the present, and would be the admiration of future ages,
not more for her success abroad, than prudence at home; that tho' their
distance had and might sometimes be disadvantageous to them, yet they
experienced the effect of her princely care, in putting an end to the
worst administration New-Jersey ever knew, by sending him, whose
government would always be easy to her majesty's subjects here, and
satisfactory to himself, whilst he followed so great and good an example.

That they had no animosities with one another, but firmly agreed to do
themselves and their country justice; that they were persuaded none that
deserved publick censure, would have a share in his esteem; and doubted
not of meeting with his hearty concurrence in every measure, that conduced
to peace and good order.

That they should support the government to the utmost of their abilities,
and most willingly so at a time when they were freed from bondage and
arbitrary encroachments, and were convinced that vice and immorality would
no more receive the publick countenance and approbation.

They assured him, all his reasonable desires would be commands to them;
and promised it should be their study to make his administration as easy
and happy as they could.

The session lasted a month, in which business went on with unusual
smoothness; the assembly obtained from the governor, a copy of the address
(before inserted) from the lieutenant governor and council, to the queen,
in 1707; they thanked him for the favour, and requested he would desire
the lieutenant governor, and all that signed the address, to attend him at
such time as he thought fit to appoint, to prove their allegations; and
that the house might have leave to be present, and have opportunity of
making their defence, in order to clear themselves from such imputations.

The governor shewed a ready inclination to grant this request, and
appointed a day for a hearing; but by the artifices of those concerned, it
was evaded from time to time: Whether they at last gain'd their point,
does not appear. Most of the inhabitants of New-Jersey, now pleased
themselves with the prospect of happy times: With a change of governors
followed a change of measures and favourites; impartiality and candour
succeeded trick and design; the tools of the former administration having
nothing but the protection of that to support them, sunk into neglect.

It was Cornbury's weakness to encourage men that would flatter his vanity,
and trim to his humours and measures; these were sure of his favours; but
the case was otherwise now: Such of the former favourites as yet continued
in the council, were not without their share of disesteem; even the
confidence which had been usually put in that board, on passing the
support bill, was discontinued: The assembly declaring to Lovelace, that
tho' they had an entire confidence in his justice and prudence, respecting
the disposition of the money for support of government, they had not that
confidence in the gentlemen that were now of her majesty's council; and
that this was the reason they had altered the former method; and therefore
requested he would favourably represent it to the queen in their behalf.2

The difference of these administrations will appear on a short comparison.
The first on the subject of a support, makes use of the following
expressions:

"That I may not be wanting in my duty in the station the queen has been
pleased to honour me with; I shall put you in mind of those things, which
I think ought to be immediately provided for; the first of which is
providing a revenue for the support of government; the revenue which the
queen expects is fifteen hundred pounds a year, for one and twenty years."

Lord Lovelace, ten months afterwards, upon the same occasion, speaks as
follows: "Her majesty would not be burthensome to her people, but there
being an absolute necessity that the government be supported; I am desired
to recommend that matter to your consideration; you know best what the
province can conveniently raise for its support, and the easiest method of
raising it." Hence may be seen, that the inhabitants had some reason to
promise themselves more happy times than heretofore; but to their great
disappointment, lord Lovelace died within a few days afterwards, and the
administration devolved on the lieutenant governor Ingoldsby, who laid
before the assembly the design of the crown, respecting an expedition
against Canada, under the colonels Nicholson and Vetch; they immediately
voted £.3000, for the service, by an emission of paper bills of credit,
but did not now pass the bill.

The lieutenant governor adjourned them for a few weeks, and then told them,
he had given them another opportunity of doing their duty to her majesty,
and what their country required at their hands.

That he found in their votes at last sitting, a resolve for raising
£.3000, for her majesty's service; that this was now become a debt, and
they had only to consider of ways and means of raising it; and that a
proper application was made for the paying of their quota of men appointed
for reducing Canada.

The assembly prepared three bills, one for raising £.3,000, 3 another for
enforcing its currency, and a third for the encouragement of volunteers,
going on the Canada expedition; these bills having received the governor's
assent, the house was adjourn'd to the first of November, to meet at
Burlington; in November they met accordingly, but deferred business 'till
December, when they sat ten weeks, passed 18 bills, were then adjourn'd,
and afterwards prorogued from time to time, 'till dissolved by governor
Hunter, in 1710.4

It was in the latter end of the year 1708, that Col. Vetch first applied
to the court of Great-Britain, for sea and land forces, to reduce Canada;
he, with Col. Nicholson, obtain'd a small force from England, and
instructions to the several governors on the continent to give them what
assistance they could:5 They had a promise of a fleet of ships of war to
follow them in due time; they came over in the beginning of summer 1709, 6
and brought with them the following instructions, directed to Col. Vetch.

"ANNE R.

"Instructions for our trusty and well-beloved Col. Vetch, to be observed
in his negotiations with the governors of several of our colonies in
America: Given at our court at St. James's, the 28th day of February,
1708-9, and in the seventh year of our reign.

"Whereas you have laid before us the proposal of an enterprize on Canada
and Newfoundland, which may turn very much to the security and advantage
of our subjects in those parts of America, as well as to the prosperity of
our kingdoms in general; we having taken the same into consideration, do
entirely approve of the said proposal; and in order to execute it
effectually, have thought fit to give you these our following instructions.

"You shall immediately repair on board the ship appointed by our high
admiral for the transporting of you, with officers as shall be sent under
your command, to several of our colonies in North-America; upon your
arrival at New-York, you are to deliver to our governor of that place a
letter from us, and communicate to him these our instructions, acquainting
him, that we shall expect from him a punctual and ready compliance in all
such as relate to him; you shall represent to him, that out of a great
desire to answer the frequent applications which have been made to us, by
our good subjects the inhabitants of those parts, to deliver them from the
neighbourhood of the French of Canada, which of late years hath been so
troublesom to them; we have fitted out an expedition, the particulars of
which you shall lay before him, and withal let him know, that we strictly
require and enjoin him, to give such an assistance to the said expedition,
as is hereafter specified.

"You shall signify to him our pleasure, that the governor of New-York do
furnish a quota of eight hundred men, including the four standing
companies; and that the city regiments of York and Albany do duty in the
forts, during the absence of the said standing companies. You shall at the
same time acquaint him, that New-Jersey is to furnish two hundred men;
Connecticut three hundred and fifty, and Pennsylvania one hundred and
fifty; so that the whole force will consist of fifteen hundred effectives;
which are to be disposed into four battalions; each battalion to have one
of the four regular companies mixed and incorporated in it, and to be
commanded by the captains as colonel whose company is so incorporated in
it, and under him by the respective officers of the country troops; the
officers that go with you, and are designed for New York, to be
distributed among the companies, as the governor in concert with the
commander in chief, shall think best for the service.

"You shall likewise acquaint our aforesaid governor, in our name, that we
do command and expect from him, that the quotas of his government, be
ready at Albany, with all things necessary for the expedition, by the
middle of May next ensuing, at the furthest; and that he furnish all the
troops with what arms and ammunition they want, out of the magazine at New
York; and that he do forthwith get together and keep in readiness, three
months provision for his quota of those, to be transported an lodged in
some convenient place at the wood creek or elsewhere; for the security of
which, he shall, in conjunction with the governments of Connecticut and
Pennsylvania, cause to be built a large wooden store house; as also six or
more large boats, that will carry sixty men each, for the transportation
of their heavier stores by water; and also contract with the five nations,
to make with all speed, as many canoes as will be wanted for the said
expedition.

"You shall moreover enjoin the aforesaid governors in our name, to command
and engage the aforesaid five nations, as also the river Indians, to join
with all their fighting men in the said expedition, and promise them a
good present if they do; you shall likewise acquaint them, that it is our
pleasure that he give all fitting encouragement to any gentlemen, or
others, that shall offer themselves to go as volunteers in this our
service.

"You shall deliver a letter from us to the governor of Connecticut, and
another to the governor of Pennsylvania, for the time being, and signify
to them our royal will and pleasure, that they have their quotas of men
and provisions ready by the middle of May at furthest; acquainting them
withal, that the governor of New-York is ordered to assist them with what
arms and ammunition they shall want.

"After having finished your negotiations for the foregoing expedition,
with all possible secrecy and dispatch, you shall deliver a letter from us
to our governor of New-England, and another to the governor of Rhode-
Island, for the time being, strictly enjoining and commanding them in our
name, to raise at least twelve hundred of their best men, according to
their usual proportions; and to give all fitting encouragement to any such
as shall offer themselves to go volunteers in the expedition, whether
gentlemen or others; as also to have in readiness a sufficient number of
transports, with three months provisions and able pilots, whereof capt.
Southwech 7 is to be one, and to go in his own galley; and that all may be
ready to embark by the middle of May, upon the arrival of the fleet from
England; and for their greater encouragement, you shall acquaint them,
that we have ordered arms and ammunition to be sent with you, for the
number of troops they are to furnish; which arms and ammunition you shall
accordingly deliver to the several companies, in presence of the governor
or commissary of the country, taking a receipt for the same, which you
shall transmit to our board of ordnance in this kingdom.

"You shall with the concurrence and advice of our governor of New-England,
contract with ship carpenters, for the building of ten or more large flat
bottomd boats, that will carry sixty men each, for the landing of troops;
and also contract with proper persons for the furnishing of eight months
provision to the troops that shall be left at Quebec or Montreal, if it
shall please God to make our forces masters of those places, and to give
us the success that we hope for from this our expedition.

"And to the end, that nothing may be wanting on our parts, towards
engaging the several governments to act with the utmost spirit and vigour
in this expedition, you shall assure them in our name, that such of the
governments as contribute towards the reduction of Canada, shall have a
preference both with regard to the soil and trade of the country, when
reduced, to any other of our subjects; and when they shall have concerted
among themselves any reasonable proposals, for securing to their
respective colonies the benefit of the said soil and trade, we shall
not be wanting to give our royal sanction to the same.

"You shall communicate these our instructions to colonel Francis
Nicholson, who hath offered himself to go as a voluntier in this
expedition; and further, out of regard to his known abilities and zeal for
our service, we do require, that you should admit him into your private
consultations with our several governors, on the methods for putting this
your proposal into execution; and if by reason of the distance of time and
place, any other preparations may be necessary for the carrying on this
expedition, which we could not here foresee, and which is not contained
in these your instructions, you shall, with the concurrence of the
governor, who is to assist in any such service, and of colonel Nicholson,
make any such peparations, tho' it is not in your instructions; provided,
that it appear to you absolutely necessary for the carrying on of the
expedition aforesaid, and that the governor and colonel Nicholson do
entirely concur in judging it to be so.
"A. R.
"SUNDERLAND."

Being arrived, they did their best at raising forces on the continent; but
a difference arising among the ministry at home, the ships of war expected
from thence, came not: They waited without doing any thing 'till the
winter, and then Nicholson went back to England, to solicit further
assistance, and forward what had been proposed; to do this with more
probability of success, four Indian sachems of the Five now Six Nations,
were prevailed upon to take a voyage to England, to assist what they could
in persuading this Expedition:8 With these went over Col. Schuyler: They
sail'd early in the year; had several conference with the lords of trade;
and with Nicholson and the forces he brought, returned in the summer, and
arrived at Boston.

According to the instructions to the governments on the continent, for
getting their assistance in readiness, a considerable armament was raised,
and set out from Boston September 18. The fleet consisted of the Dragon,
Falmouth, Leostaff, Feversham, men of war, the Star bomb, and the
Massachusetts province galley, with transports, in all thirty-six sail;
the forces on board were, one regiment of marines from England, two
regiments of Massachusetts Bay, one regiment of Connecticut, and one of
New-Hampshire and Rhode-Island, commissioned by the queen, armed and
victualed in part by her gift, and part by the several colonies, towards
which New-Jersey was £.3,000; they arrived at Port-Royal, now called
Annapolis-Royal, in six days sail from Boston; after some small canonading
and bombarding, the French governor Subercasse, capitulated; October 5,
the fort was given up, and Col. Vetch, according to the instructions for
that purpose, became governor; the terms of the capitulation were, that
all the French, being four hundred and eighty one persons, within three
miles of the fort, should be under the protection of Great-Britain, upon
taking the oaths of allegiance; the other French settlers were left at
discretion; that in case the French made incursions upon the frontiers of
New-England, the British should make reprisals upon the French in Nova-
Scotia, by making some of the chief of their inhabitants slaves to their
Indians; notwithstanding this, the French of L'Accadia, soon after
committed hostilities; tho' the Port-Royal and Cape-Sable Indians desired
terms of amity and alliance might be settled with them; which was
accordingly done. The men of war and transports sailed again for Boston,
October the 14th, leaving a garrison in Port-Royal of two hundred marines
and two hundred and fifty of the new raised voluntiers from the continent;
which were the next year relieved by four hundred of the troops destin'd
for Canada. Nova-Scotia had continued with the French from the year 1662
(except the momentary reduction and possession of it by sir William Phips,
in 1690. 9 ) until now; this acquisition afterwards confirmed to Great-
Britain by the treaty of Utretcht, hath so remained ever since.

The design respecting Canada, was for this year laid aside; the earl of
Dartmouth, secretary of state, wrote to governor Hunter upon the subject,
and to encourage an attempt upon Port-Royal, as follows:

"Whitehall, August 1710

"Sir,

"The queen commands me to acquaint you, that as she has formerly taken
into consideration the sending over into New-England, such a number of
land forces, that joined with those under your command, and such as the
neighbouring colonies could have furnished, might have been of strength
sufficient to beat the French out of Canada and North-America; so her
majesty had caused this year all necessary preparations to be made, for
this expedition; which her majesty has been forced to lay aside for the
present, by reason of the contrary winds which happened, when the season
was proper for the fleet to sail, and in regard of other important
services which interven'd; the queen commanded me to add, that she hopes
to receive a good account of the expedition against Port-Royal; having
sent away last spring Col. Francis Nicholson, with such commissions,
instructions and dispatches, as were necessary for that purpose; and that
she is very well pleased with the accounts she has received of the zeal
with which her subjects under your government embraced this undertaking,
and the forwardness they expressed to promote it; her majesty therefore
for this season, out of her tender care for their good and prosperity,
intends to pursue this design as soon as the state of her affairs will
permit it, being very sensible of the great advantages which may be thence
expected. And as her majesty will not be wanting of her endeavours to
promote whatever may conduce to the welfare and security of the colony
under your government; so her majesty doubts not, but that proper measures
will be effectually taken there for the common safety and interest, which
her majesty earnestly recommends to your care.

"This is what I have in command from the queen, who would have you to
communicate this letter in the usual manner, to her loving subjects.

"I am, sir, your most humble servant,

"DARTMOUTH."

Brigadier Hunter arrived governor in the summer this year[1710],10 called
a new assembly 11 to meet the 6th of December; they chose John Kay, of
Gloucester, speaker, received the governor's speech; we give it in his own
words:

"Gentlemen,

"I am little used to make speeches, so you shall not be troubled with a
long one; if honesty is the best policy, plainness must be the best
oratory; so to deal plainly with you, so long as these unchristian
divisions which her majesty has thought to deserve her repeated notice,
reign amongst you, I shall have small hopes of a happy issue to your
meeting.

"This is an evil which every body complains of; but few take the right
method to remedy it; let every man begin at home, and weed the rancour out
of his own mind, and the work is done at once.

"Leave disputes of property to the laws, and injuries to the avenger of
them; and like good subjects, and good christians, join hearts and hands
for the common good.

"I hope you all agree in the necessity of supporting the government, and
will not differ about the means; that it may the better deserve your
support, I shall endeavour to square it by the best rule that I know, that
is the power from whence 'tis derived; which all the world must own to be
justice and goodness itself.

"There are several matters recommended to you by her majesty, to be passed
into laws, which I shall lay before you at proper seasons; and shall
heartily concur with you in enacting whatsoever may be requisite for the
publick peace and welfare, the curbing of vice, and encouraging of virtue.

"If what I have said, or what I can do, may have the blessed effect I wish
for, I shall bless the hour that brought me hither; If I am disappointed,
I shall pray for that which is to call be [me?] back, for all power except
that of doing good is but a burthen." The assembly's address:

"May it please your excellency,

"We sincerely congratulate your accession to the government of this
province, and hope the long wished for time is come, in which the
unchristian causes of our divisions will be taken away, which we persuade
ourselves you will be as willing, as we conceive you are able to do, by
divesting a few designing men of that authority, which they use to the
worst purposes.

"We have experienced repeated instances of her majesty's care over us;
among which one was, the sending the good lord Lovelace, who put an end to
an administration the then assembly of this province, with great justice,
stile the worst New-Jersey had ever known; that good man lived long enough
to know how much the province had been oppressed, tho' not to remove the
causes: Another instance of her majesty's royal favour, we esteem, is the
sending your excellency to govern us, and we persuade ourselves your
conduct will evince it so to be.

"We hope great things from you, and none but what are just; let not ill
men be put or continued in power to oppress; let her majesty's subjects
enjoy their liberties and properties, according to the laws, and let
not those laws be warpt to gratify the avarice or resentment of any, and
then we may safely leave disputes of property to them; this we are
humbly of opinion, is the greatest honesty, and we make no question you
esteem it to be the best policy.

"We always thought it equally reasonable to support a government, and to
deny that support to tyranny and oppression; we should be glad our
abilities would come up to what we esteem your merits; what we are able to
do, shall be sincerely done, and in as agreeable a manner as we are
capable; all your desires, which we doubt not will be reasonable, shall be
commands to us, who will be always ready to join in any thing that may
conduce to the publick benefit, and your own; and hope you may never want
will and power to punish wickedness and vice, and encourage true religion
and virtue; which if you do, we shall esteem you our deliverer, and
posterity shall mention your name with honour.

"Divers members of this assembly, being of tbe people called quakers,
concur to the substance of this address, with their usual exception to the
stile."

This session continued better than two months; the governor and assembly
agreed cordially, but a majority of the council differed from both,
notwithanding an accession of divers new members.

Ever since the surrender, the province had been involved in great
confusion, on account of the people called quakers being denied to serve
on juries, under the pretence that an oath was absolutely necessary; the
inhabitants in many parts, were chiefly such, and juries could not be got
without them; the assembly seeing the confusion that had and would
unavoidably follow such refusal, passed a bill for ascertaining the
qualification of jurors, and enabling the people called quakers to serve
on them, &c. and another respecting the affirmation: The reports of the
committee, will, among other things, shew the conduct of the council on
this occasion

"The house, according to order, resolved itself into a committee of the
whole house, to consider farther of the papers laid before this house by
his excellency; and after some time spent therein, Mr. speaker resumed the
chair, and doctor Johnston reported from the said committee, that the 43d
article of her majesty's instructions being read, requiring an act to be
passed, for settling the properties and possessions of all persons
concerned in this province; they do think it to be a matter of the
greatest concern, for the quieting the minds of the people and making the
province happy, and do think it will be to no purpose at present to spend
time about such a bill, seeing the council has put them out of all hopes
of having any such act to pass.

"Doctor Johnson also reported from the said committee, that the 60th
article of her majesty's instructions being read, requiring an act to be
passed, for those people that make a religious scruple of swearing, to the
like effect of that passed in the 7th and 8th of king William the third in
England, so far as may be consistent with good order and government;
that the house have already sent up such an act to the council for their
concurrence, as near to the like effect as the circumstance of this colony
will admit; which the council rejected without committing the same.

"And further, that the 94th article of her majesty's instructions being
read, requiring an act to be passed ascertaining qualifications of jurors;
that the same was included in the bill, entitled, 'An act for ascertaining
the qualifications of jurors, and enabling the people called quakers to
serve on them, &c.' which the council rejected without committing the
same, as is reported before to the 60th article.

"And that he was desired to move, that they might have leave to sit again."

By this report, it seems the assembly had no expectation of obtaining these
matters this session; they took into consideration the militia act, passed
in Cornbury's time, by which the quakers in many parts of the province had
been greatly oppressed; they appointed doctor Johnston, Isaac Sharp, Jacob
Spicer, Williarn Sandford, John Reid, and Robert Wheeler,12 a committee,
to prepare and bring in a bill, for explaining an act of this province,
past in the third year of her majesty queen Anne, entitled, 'an act for
settling the militia of this province, and for relieving persons aggrieved
thereby.'

A Bill was brought in, and divers officers who had been more rigorous in
distressing, than the law warranted, were sent for, to answer for their
conduct at the bar of the house, and ordered to render account of the
goods distrained; this gone through, the bill passed, in which provision
was made for the relief of the sufferers; but the council rejected it, as
they had done the other bills. Next came on the consideration of the
charges made against a former assembly, to the queen, whose vindication
they undertook.

"A copy of a paper entitled, The humble address of the lieutenant governor
and council of Nova-Caesaria or New-Jersey, in America, to the Queen's
most excellent majesty;13 signed by Richard Ingoldsby, William Pinhorne,
Roger Mompesson, Thomas Revell, Daniel Leeds, Daniel Coxe, Richard
Townley, William Sandford, and Robert Quarry, in the year 1707; was read
in the house; and being taken into consideration, the question was put,
whether the said humble address (as it is called) of the lieutenant
governor and council to the queen's most excellent majesty, be a false and
scandalous representation of the representative body of this province, or
not? it was carried in the affirmative. A motion being made, and the
question being put, whether this house do address her majesty for the
justification of the proceedings of the representative body of this
province, in the present and former assemblies, or not? it was carried in
the affirmative.

"A motion being made, and the question being put, whether any person that
has signed the above mentioned false and scandalous representation of the
representative body of this province, be a fit member to sit in this
house, unless he acknowledge his fault to this house, or not? it was
carried in the negative.

"Major Sandford, one of the members of this house, having acknowledged
that he signed the above mentioned address to her majesty, was asked if he
would acknowledge his fault to this house for the same? his answer was, he
signed it as he was one of her majesty's council, and was only accountable
to her majesty for the same; wherefore the question was put, whether major
Sandford be expelled this house for the same, or not? it was carried in
the affirmative.

"Ordered, that major Sandford be expelled this house, for signing a false
and scandalous paper, called the huinble address of the lieutenant
governor and council, to her majesty, in the year 1707; and he is expelled
this house accordingly."

1 For the Eastern division: Elisha Lawrence, Capt. Price, G. Mott, ---
Shepard, J. Johnston, T. Gordon, J. Harrison, Tho. Fitzrandolph, Geo.
Duncan, John Trent, Law. Vanbuskirk. Western division: John Kay, speaker,
P. Fretwell, J. Kaighn, H. Sharp, T. Lambert, John Lewis, Samuel
Smith, --- Dennis, Jacob Spicer, Robert Wheeler, William Bustill.

2 The law regulating the qualification of representatives to serve in
general assembly, now passed, is yet in force; the substance of this and
the additional one passed at a different session, but in the same year, is,
that every voter shall have 100 acres of land in his own right, or be
worth £.50 current money; that the persons elected, shall have 1000 acres
in his own right, or be worth £.500 current money, in personal estate;
that the representatives and electors shall be freeholders, and have
estates sufficient to qualify him or them in the division where electing
or chosen; that the house of representatives shall be judges of the
qualification of their members; that the same forfeitures shall attend
undue returns as in England; and that no person shall be chosen a
representative, who with his family, does not reside in the province. See
also the laws of 1725 and 1730. Vol, 1, p. 142, 195.

3 Here began the paper currency in New-Jersey: The care of the legislature
respecting it, in this and all the succeeding emissions being to render
the funds for sinking, according to the acts that created it, secure, and
to prevent the currency failing in value; by changing the bills as they
became ragged and torn, and allowing no re-emissions on any other account
whatsoever; it has thence from the beginning, preserved its credit, and
proved of great service to the proprietors, in the sale of their lands,
and to the settlers, in enabling them to purchase and contract, and pay
English debts, and go on with their improvements; the securities when
issued on loan, were double the value in lands, or treble in houses, and
five per cent. interest; but now (1765) there is none current on this
footing: The funds for sinking by tax the money created for the expedition
and other purposes, are mortgages (secured in the acts that make the
respective emissions) on the estates real and personal, in the province;
hence they are secured as firmly as the province itself; they are a legal
tender to all the inhabitants in the province, and elsewhere, but not to
others, except while in the province: The remittances of this province to
England, being chiefly from New-York and Philadelphia, and the bills no
legal tender there, they can never operate to the prejudice of English
debts; let exchange be as it may, because none there are obliged to take
them; this is a particularity only belonging to the state of trade, of New-
Jersey, and renders a paper currency there, free from the objections
usually made against it in England.

4 For a few months before governor Hunter's arrival; William Pinhorne, as
president of the council, exercised the office of commander in chief.

5 The instructions to the governor of New-York and New-Jersey, were as
follows:

"ANNE R.

"Right trusty and well beloved, we greet you well: Whereas we are fitting
out an expedition with great expence, for the security of our subjects in
your government, from the neighbourhood of the French at Canada, which has
been very troublesome to them of late years: According to certain
proposals laid before us by our trusty and well beloved colonel Vetch, and
pursuant to the many applications that have been made to us by our
subjects, who have suffered very much from the French in that
neighbourhood; we do hereby strictly require and command you, to be
assisting to this expedition, after the manner that the said colonel Vetch
shall in our name propose to you, and that you look upon those parts of
his instructions which relate to you, and our governments under your care,
and which we have ordered him to communicate to you, in the same manner as
if they were our positive commands directed to yourself, and that you pay
the same obedience to them: And whereas there may be some particulars in
our above mentioned instructions, as that which concerns the place of
rendezvous, in which you who live in the country, may be the most proper
judge; we do therefore leave this and the other the like circumstances, to
be altered at discretion; provided, that colonel Vetch and colonel
Nicholson, do agree with you in any such alteration; and provided you do
punctually observe the number of men which you are to furnish, and the
time when they are to appear and be on a readiness to enter upon their
expedition: And so we bid you farewell. Given at our court at St. James's,
the 28th of February, and in the seventh year of our reign.

"By her majesty's command,

"SUNDERLAND.

"To our trusty and well beloved John Lord Lovelace, our captain general
and governor in chief of our province of New-York and New-Jersey, in
America, or in his absence to the commander in chief of the said provinces
for the time being."

6 The colonels Nicholson and Vetch both appearing at a council held at
Amboy, the 30th May, 1709, it was concluded, that George Riscarricks
should be forthwith sent to Weequehala, the Indian sachem, to acquaint
him, that the lieut. governor Ingoldsby expected his attendance on that
board forthwith; and that captain Aarent Schuyler should forthwith send
for Mahcotuinst, Cohcowickick, Ohtossolonoppe, Meskakow and Teetee,
sachems of the Minisinks and Shawhona Indians; who appearing soon
afterwards, joined in the undertaking; and Ingoldsby, governor of New-
Jersey, G. Saltonstall, governor of Connecticut, and C. Gookin, governor
of Pennsylvania, jointly commissionated colonel Peter Schuyler, the 23d of
May, 1709, to be over these and the other Indians on this expedition; and
soon afterwards the said three governors joined in a petition to
Nicholson, that he would take upon him the chief command of the
expedition; after which he bore the name of general Nicholson.

7 He was master of the province galley, belonging to the Massachusetts
government.

8 Indians in England were then a strange sight; these sachems were also
considered in proportion to the faithfulness and importance of the nations
they belonged to, and accordingly much taken notice of: The court was in
mourning for the death of George prince of Denmark, the sachems at the
queen's expence had under-cloaths of black, covered with a scarlet mantle,
edged with gold; they were carried to court in coaches, and introduced in
form to the queen; one of them made a speech, setting forth, that they
doubted not the queen was acquainted with their long and tedious war
against the French, in conjunction with her children, (subjects) that they
had been a strong wall for the security of these, even to the loss of
their best men, as Quider and Anadagarjaux (Schuyler and Nicholson) could
testify; that they were glad an Expedition to Canada had been undertaken,
and had assisted in the preparations on the lake, whilst Anidiasia (Vetch)
at the same time was raising an army at Boston; that as some important
affair had prevented the expected fleet, and rendered the design for that
season abortive; they were left much exposed; and if the Queen was not
still mindful of them, they with their families must forsake the country,
and seek other habitations, or stand neuter; either of which would be much
against their inclinations; they concluded with presenting some belts of
wampum. After this they were magnificently entertained by several of the
nobility, and were once present at the review of the guards in Hyde-Park,
with the duke or Ormond at their head; to him they made a speech, and
presented him with three skins, to enforce a request, that he would
forward their business with the queen. On their return, at Southampton,
Admiral Aylmer, who commanded a fleet there, sent his yatch to bring them
on board; they dined with him, and then sailed for America.

9 Vid. lieut. governor Hutchinson's hist. of the Massachusetts Bay, p.
397, &c.

10 The members ot council in his instructions were, Lewis Morris, William
Pinhorne, George Deacon, Richard Townley, Daniel Coxe, Roger Mompesson,
Peter Sonmans, Hugh Huddy, William Hall, Thomas Gordon, Thomas Gardiner,
Col. Robert Quarry.

11 The Members were,
For the town of Burlington: Isaac Decow, Robert Wheeler.
The county of Burlington: Thomas Lambert, Joshua Humphreys.
Gloucester: John Kay, John Kaighn.
The town of Salem: Hugh Middleton, John Mason.
The county of Salem: Bartholomew Wyat, Isaac Sharp.
Cape May: Peter Fretwell, Jacob Spicer.
The town of Perth-Amboy: John Johnston, John Reid.
The county of Middlesex: Thomas Farmer, Adam Hude.
Essex: Joseph Marsh, John Trent.
Bergen: Andreas Vanbuskirk, William Sanford.
Momouth: Gershom Mott, William Lawrence.
Somerset: Cornelius Longfield, John Tunison.

12 The two last had left the quakers, with G. Keith, and Sandford had
distinguished himself against them.

13 See above.

CHAP. XX.
Representation of the Assembly to governor Hunter; and his answer.

Pursuant to the resolutions of the house, an address was prepared, and
sent to the queen, and a representation to governor Hunter: This last is a
particular answer to the charges, and was as followeth:

"The humble representation of the general assembly of her majesty's
province of New-Jersey.

"To his excellency Robert Hunter, Esq; captain general and governor in
chief of the provinces of New-Jersey and New-York in America, and
vice-admiral of the same, &c.

"May it please your excellency;

"When the lord Lovelace was pleased to let the representative body of this
province know, that her majesty desired to be informed of the causes of
the differences between the gentlemen of the council and them; nothing
could be more satisfactory; because they entirely depended, that a person
of so much justice and veracity, would put things in their true light; and
had he lived long enough to have complied with her majesty's commands, we
had not now been under the necessity of laying the following
representation before your excellency. "We are very sorry we have so much
reason to say, it was lately our misfortune to be governed by the lord
Cornbury, who treated her majesty's subjects here not as freemen who were
to be governed by laws, but as slaves, of whose persons and estates he had
the sole power of disposing. Oppression and injustice reigned every where
in this poor, and then miserable colony; and it was criminal to complain
or seeth any way sensible of these hardships we then suffered; and
whatever attempts were made for our relief, not only proved ineffectual,
but was termed insolence, and flying in the face of authority: the most
violent and imprudent stretches of arbitrary power, were stamped with the
great name of the queen's prerogative royal; and the instruments and
strenous assertors of that tyranny, were the only persons who in his
esteem and their own, were for supporting her majesty's government:
Bribery, extortion and a contempt of laws, both human and divine, were the
fashionable vices of that time; encouraged by his countenance, but more
by his example; and those who could most daringly and with most
dexterity trample upon our liberties, had the greatest share both in the
government of this province and his favour: This usage we bore with
patience a great while, believing, that the measures he took proceeded
rather from want of information or an erroneous judgment, than the
depravity of his nature; but repeated instances soon convinced us of our
mistaken notions; and that he was capable of the meanest things, and had
sacrificed his own reputation, the laws, and our liberties, to his avarice:
No means were left unessayed, that gave hopes of gratifying that sordid
passion: The country was filled with prosecutions by informations of the
attorney general, contrary to law. Those of her majesty's subjects who
are called Quakers, were severely harrassed, under pretence of refusing
obedience to an act of assembly for settling the militia of this province,
when neither the letter nor meaning of that act justified the severities
used on that account; the measures that were then taken, being chiefly
such as the implacable malice of their adversaries suggested: The rights
of the general proprietors, which upon the surrender of the government,
were promised to be preserved inviolable to them, and which her majesty,
by her instructions, had taken all possible care to do, were by him
invaded in a very high degree; their papers and registers being the
evidences they had to prove their titles to their lands and rents,
violently and arbitrarily force from them, and they inhibited from selling
or disposing of those lands; by which means their titles were made
precarious, the value of lands through the whole province fell very much,
and a great stop was put to the settlement and improvement of it: To be
short, all ranks and conditions of men grossly abused, and no corner of
the country without complaints of the hardships they suffered from the
exercise of a despotick and mistaken power: An administration so
corrupt, so full of tyranny and oppression in all its parts, induced the
assemby to have a regard to the cries of that unhappy country they
represented, and accordingly, in a most humble manner, remonstrated to
his lordship their grievances; who was of opinion, their remonstrance lay
open to a very ready answer; but that he might give them no occasion to
say he had done it with heat and passion, he took some few days to do it;
but with what coolness and temper it was done, those who have seen it
can judge; they both lie before your excellency (No. 1 and 2). Sometime
after the assembly were adjourned; and when we met again, made a reply
to that answer; which reply (No. 3) lies before your excellency; but
neither the one nor the other procured the desired effects; on the
contrary, the number of our grievances were increased, some of the most
considerable of our inhabitants deserted the province, and many of those
that remained thought themselves unsafe in it; the only hopes they had,
was the arrival of the lord Lovelace, which supported their sinking
spirits, and gave them an expectation of better days.

"Upon the first sitting of the assembly, after his arrival, he
communicated to them a paper, called, The address of the lieutenant
governor and council of New-Jersey. It was no surprise to us, to find any
thing indecent or virulent proceeding from such men; but it was with
some concern, we beheld what endeavours they had used, to render her
most gracious majesty disaffected with her honest and loyal subjects
here, by accusations which were not only false, but what they knew to be
so, at the time of their writing of them, and which we had made appear to
be so, had they not used evasions and shifts to avoid coming to the test,
in the time of lord Lovelace, and while the assembly was sitting; then
they seemed to be for reconciling matters, and burying every thing in
oblivion, in hopes their own deeds of darkness might partake of the same
covering; and hoped the sweetness of that noble lord's temper, and
inclinations to peace, might secure them from that examine which was
necessary to expose them in their true colours; and how much on that
occasion they fawned and flattered, appears by an address of theirs to
him, which for the peculiarity of the language (and we might say the
unintelligibleness of the terms) ought never to be forgotten: It begins
thus, Your lordship has not one virtue or more, but a complete
accomplishment fall perfections, &c. and at the same time they were
deifying him (if such an address could do it) they were caballing and
articling against him, triumph'd in his death, and have barbarously
treated his memory; and notwithstanding the laws of heaven and nature,
(as they are pleased to express themselves) and all the fine things they
say of you, added to the justness of your administration, they'll give you
the same treatment when they can; the knowledge we have of their
practices, has made us trespass a little longer on your excellency's
patience than we at first designed: But to return to the address; be [we?]
believe the gentlemen of the council have transmitted something to one
of her majesty's secretaries of state, which they called proofs, and with
all the secrecy they could, hoping it may obtain at that distance,
especially when backed by some whose interest it is, that all they have
said be credited: To prevent the ill consequences that may attend the
belief of what they have said, or indeed can say, we shall endeavour to
prove every article of the said address false; and that the subscribers
knew several of them to be so at the time of their signing; what we say is
publick, not carried on in darkness, to prevent that reply, which the
gentlemen concerned to justify themselves, and upon the spot, may make
if they can.

"We begin with the title of the address; which is, The humble address of
the lieutenant governor and council of Nova-Caesaria or New-Jersey in
America.

"This carries a falsehood in the very front of it; for it was no act of
council; but signed by some in the western, and by others in the eastern
division of New-Jersey, by one or two in New-York, at different times,
being privately carried about by a messenger of my lord Cornbury's; and
some were raised out of their beds to sign it; it never pass'd the
council; was never minuted in the council books, and the lieutenant
governor has several times protested he signed it without ever reading it:
The gentlemen of the council cannot deny the truth of this; if they do, we
can prove it; but to justify themselves they say, it was signed by the
lieutenant governor and the gentlemen of the council, though not in
council: So that it's plain, they designed to abuse the queen, by giving
it the stile of an act of council, which her majesty and every body that
reads it would take to be so, when they knew in their consciences it was
not so; but that their malice or servile fears induced them to sign it, and
may not improperly be called, forging an act of council; it's apparent that
Roger Mompesson, esq; signed it by himself; that it was brought to him
as an act of council, and that as such he thought himself obliged to sign
it, as by his reasons for signing it appears; which reasons could have had
no weight, had he not understood it to be so; for he owns he never
examined into the particulars of it.

"The first article is, We the lieutenant governor and council of her
majesty's province of Nova-Caesaria or New-Jersey, having seriously and
deliberately taken into consideration the proceedings of the present
assembly or representative body of this province, thought our selves
bound, both in duty and conscience, to testify to your majesty our dislike
and abhorrence of the same. This is true, if signing any thing without
reading or examining into the particulars of it, and by some between
sleeping and waking, be arguments of seriousness, and deliberation,
otherwise not; except by the words seriously and deliberately, be meant,
their resolutions on all occasions to do what the lord Cornbury commanded
them; as indeed their signing this address, and their conduct in every
other thing, did but too plainly evince, to be the only seriousness and
deliberation they were capable of: When Col. Quarry signd that address, we
believe he was misled, and depended too much on the credit of others; we
must do him the justice to own, that he has of late declined joining with
them in many of their hot and rash methods, and behaves himself at present
like a man of temper, who intends the service of the queen and good of the
country. These addressors tell her majesty, that they were in duty and
conseience bound to testify their dislike and abhorrence of the same to
her: Had they abhorred falsehood, and discharged their duty as in
conscience they were bound to do, in refusing to join with the lord
Cornbury, in all his arbitrary and unjust measures, and particularly in
that scandalous address, (pardon the expressions) the country would not
have had that just cause to complain, as now they have, and in probability
always will, while they continue in their present stations: There were no
proceedings in that assembly that any honest man had reason to dislike;
and their endeavours for the good of the country, deserve the highest
praise, and ought never to be forgotten by New-Jersey.

"The second article is, That the unaccountable humours and pernicious
designs of some particular men, have put them upon so many irregularities,
with intention only to occasion divisions and distractions, to the
disturbance of the great and weighty affairs which her majesty's honour
and dignity, and the peace and welfare of the country required: The so
many irregularities are, we suppose, what the lord Cornbury mentioned in
his answer to their remonstrance; which that house replied to; as may be
seen in their reply (No. 3) and whether they were irregularities or no,
the world can judge; but be they what they will, the addressors are never
able to prove, that the unaccountable humours of some particular men put
them upon them; they may indeed boldly say they did, and if that will do,
they may say again, that it was with intention to occasion divisions, &c.
but that neither proves, that any particular men influenced that assembly,
nor that the intentions of doing so, were as they say; that being
impossible for them to know; and if we may be allowed to know the
intentions of that assembly, they were far otherwise than what the
addressors represent them to have been.

"The 3d article was, That we had highly encroached upon her majesty's
prerogative royal.

"The 4th, That we had notoriously violated the rights and liberties of the
subject.

"The 5th, That we had manifestly interrupted justice.

"These three articles are what the lord Cornbury, in his answer to the
remonstrance, charges that assembly with, which are fully answered in the
aforesaid reply, and proved to be false charges; and this the addressors
knew when they signed the address, if ever they read the reply or address
(which is very much to be questioned) and we believe, if the truth were
known, notwithstanding their pretensions to seriousness and deliberation,
they had little more hand in it than setting their hands to it, as we
shall endeavour to evince: It is undeniably true, that it was signed at
different times, and in different places; it then must be true, that
it was brought ready drawn to the signers, and its very probable that they
did not read it, certainly not with any consideration: The lieutenant
governor, as we observed before, has owned he did not, and the late chief
justice, Roger Mompesson, Esq; a man as likely to read and consider as
any of them, owns under his hand, he never did examine the particulars
of it; which is, in other words, owning he did not read it; and its not
very likely the rest should: These three articles are the very words used
by the lord Cornbury in his answer: the whole address seems to be an
abridgment of that answer, several sentences the same, the stile the same,
and the same vein of intemperance and ill nature through them both; and
in all likelihood done by his lordship, who made the addressors father
whatever his lordship was ashamed to own.

"The 6th article is, That the remonstrance was a most scandalous libel.

"The 7th, That the lord Cornbury made a full and ample answer to it.

"The 8th, That the reply of the house of representatives of the province
of New-Jersey, was a scandalous and infamous libel; and they add on that
head, this last libel came out so suddenly, that they had not time, as
yet, to answer it in all its particulars.

"Certainly it is impossible, that ever men in their right wits, after
reading such an address, should sign it! Was it ever known, that any book
or paper wrote by a house of commons, was called a libel, and a most
scandalous and infamous libel? If the gentlemen had intended to shew their
talents of railing and abusive language; they could hardly have taken a
more effectual way, than by that address, which if it prove nothing else,
proves them to be very much masters of those qualifications; but we cannot
be of opinion, that their calling the remonstrance or reply a libel,
proves them to be so; nor had they any reason to expect it would be taken
by her majesty, for any thing more than a demonstration of their want of
temper; for if those two papers were libels, then the house of
representatives might have been punished for them, or at least prosecuted;
and if so, any vote, resolve, address or remonstrance that they made, or
any other house of representatives could make, would subject the said
house of representatives (the authors of them) to the same inconveniency,
whenever the gentlemen of the council were pleased to call them so: This
is so contrary to the known practice of England, to the laws, to the
rights and privileges of the house, that it is a needless labour to prove,
either that the gentlemen never read what they signed, or knew what they
signed to be false at the time of their signing of it: But to say a little
more, the remonstrance and reply are so far from being false, that they
are most true: Several of the facts are owned by the lord Cornbury, and
where he either evades or denies them, they are made out in the reply: His
bribery was proved by a cloud of evidences in the house; and whatever else
is charged upon him, he knew to be true; and it is neither in the power of
his full and ample answe; nor even of the address itself, to persuade the
contrary: The assembly say indeed in their remonstrance, Had the afairs of
New-York admitted his lordship oftener to attend those of New-Jersey, he
had not then been unacquainted with their grievances; and that they were
inclined to believe they would not have grown to so great a number. This,
perhaps, may be one of the falsehoods the addressors mean; and truly it
ought to be acknowledged, that the then assembly had no reason to believe
his lordship's presence in this province would have any other effect, than
the increasing, instead of diminishing their grievances; but when the
addressors say that the reply came so suddenly out, that as yet, they had
not time to answer it in all its particulars: They seem to imply, that
they had answered it in some of them; which has not been done, no, not as
yet, though it has been out above three years: And, its coming out so
suddenly, &c. is a great mistake, to say no worse of it; for it had been
out above six months before their address was signed: This is another
proof that they never read the address before they signed it; or if they
did, that they knew what they signed to was false, at the time of their
signing.

"The 9th article is, That these disturbances are owing wholly to Mr. Lewis
Morris and Samuei Jenings, men of turbulent, factious, uneasy and disloyal
principles; men notoriously known to be uneasy under all government, and
men never known to be consistent with themselves.

"The 10th article is, That to these men are owing all the factions and
confusions in the governments of New-Jersey and Pennsylvania.

"These articles are not only the stile of the lord Cornbury's answer to
the remonstrance; but for the most part the very words. If Mr. Morris, and
Mr. Jenings, were such men as the addressors say they are, viz. turbulent
and factious, uneasy under all governments, and the causers of the
factions and confusions of New-Jersey and Pennsylvania; then certainly to
continue thus turbulent, &c. evinced they were not inconsistent with
themselves, but constantly pursued the same measures: This was an
expression the lord Cornbury was very fond of, and very much used, and the
addressors here have been but the parrots of his thoughts; and all they
have said of these gentlemen (one of whom is in his grave, viz. Mr.
Jenings) is a notorious abuse; for whatever was done by the assembly (if
it's their proceedures they call disturbances) was not done either by the
influence of Mr. Morris or Mr. Jenings, but from a just sense of their
duty, in discharge of the trust reposed in them by the country, and to
prevent the ill effects of an arbitrary and unjust use of power, by the
lord Cornbury, so much encouraged by the slavish compliants of the
addressors, men never known to be inconsistent with themselves, nor we
fear never will.

"We should not trouble your excellency longer on this head, did we not
know this is an article which the addressors think they can justify, and
which they suppose will prove a sufficient defence for all they have said;
therefore, to put this matter in some measure out of dispute, we say, in
the first place, that should they be able to prove what they say in that
article, yet it would not justify their other accusations, nor the severe
reflections they have unjustly made on the representative body of this
province: 2dly, It plainly appears by the journals of the house, that the
assembly insisted on the same things, when neither Mr. Morris nor Mr.
Jenings were among them; and now endeavours to evince to your excellency,
that their proceedings were reasonable. 3dly, The disturbances in Jersey
or Pennsylvania, ascribed to Mr. Morris or Mr. Jennings, were no other
than the opposition of an unlawful and unjust authority, and that during
the proprietors government, before it was surrendered to the queen; so not
a fit matter to have been at that time seriously and deliberately meddled
with by the addressors, and could be done with no other intent but to
mislead the queen, into a belief that Pennsylvania and New-Jersey, were
then disturbed by these gentlemen; 4thly, We do not find, that ever Mr.
Morris was concerned at all, even during that time, in the western
division of New-Jersey or Pennsylvania.

"The 11th article is, That this is done with design to throw off the
queen's prerogative royal, and consequently to involve all her majesty's
dominions, in this part of the world, and the honest and good well meaning
men in them, in confusion, hoping thereby to obtain their wicked purposes.

"It is evident from this article, that the accusations of Mr. Morris
and Mr. Jenings, were to mislead the queen into such a belief as we have
instanced; 1st, from their using the terms (is done) being in the present
tense: 2dly, they assign the reason why tis done, viz. not only to
encourage this government, but all the governments in America, to throw
off her majesty's prerogative royal, and as a consequence of that, to
involve all her dominions in this part of the world, &c. in confusion;
which is in plain English, throwing off our allegiance, and revolting from
the crown of England; the addressors in the first place, suppose all the
plantations on the continent of America inclinable to a revolt, whenever
they have an opportunity; or at least if they don't believe it themselves,
would have the queen believe so, and be apprehensive of some danger
from it; which if she had, it's natural enough to suppose such severe
methods would have been taken, as would prevent any such thing; so
that what the addressors have said, is not only an accusation of all the
plantations in America, of want of loyalty and affection to her majesty;
but an endeavour to alienate her affections from them: We thank God it
has not had the ill effects they intended, and hope no representation
founded on the malice of any men, ever will; but that the authors of them
may always meet with as little credit as they deserve: Can it be thought,
or could the addressors themselves ever seriously and deliberately think,
that the province of New-Jersey, (one of the most inconsiderable of all
her majesty's colonies, and the most incapable of making any defence,
having no fortification that exceeds a stone house, and of them but very
few; a great part of whose people are quakers, who by their principles are
against fighting, would be so unaccountably mad, as to throw off their
allegiance (especially to be the first in doing it) and expose themselves
to unavoidable ruin and destruction? Whoever can seriously think this, and
with deliberation assert it, ought very seriously, and without much
deliberation, be confined to the society of mad-men, as persons that can
seriously and deliberately believe and say any thing; which is all we shall
say to this ridiculous, as well as malicious charge, and pass to the 12th
article; than which nothing more untrue, and knowingly so, could be
asserted, as we shall by what follows, make out; the article runs thus:
That the assembly are resolved neither to support the queen's government
with a revenue, nor defend it by settling a militia.

"Now it is plain, that this house never did deny to raise a sufficient
support for the government, and took proper care concerning the militia,
as by the several acts for those ends does more largely appear; nay, when
the expedition against Canada, was on foot we gave three thousand pounds
for that end, over and above the support of government; and the casting
vote for the raising that money, and the settling the militia now, was
given by Mr. Hugh Middleton, one reputed a quaker; so that it will very
easily appear, that accusation of the addressors, was not only very
untrue, but that they knew it to be so at the time of their signing of it;
nay more, we shall make it appear, that the gentlemen of the council have
used their utmost endeavours to defeat the government of a necessary
support, and to frustrate, as much as in them lay, the expedition against
Canada; so that the accusation lies most justly against them, and not
against us; for the acts for the support of the government, and settling
the militia, made in the time of the good lord Lovelace, was pass'd by
them with the greatest difficulty; and the act for raising three thousand
pounds, towards carrying on the expedition against Canada, was at their
direction, by Elisha Lawrence and Gershom Mott, two of their tools, who
were members of this house, (and were not quakers) voted out, and who on
the first and second reading, voted for it, concealing their design of
voting against it, 'till the time of their voting; and not being quakers,
were not suspected of voting against it, otherways care had been taken to
put it out of their power; and to make it appear, that it was done with
design, by direction of the lieutenant governor and council, to cast a
reflection on the house, and to justify their allegations in their
address, even at the expence of defeating the expedition; the lieutenant
governor colonel Ingoldsby, tho' assured by the speaker, and other members
of the house, that if the house was prorogued but for twenty four hours,
care should be taken the bill should pass; who presently after did,
notwithstanding, adjourn the house, from the thirteenth of June to the
twenty eighth of July following; a time so long, that if the house and
council had been never so willing, the season would by that time have been
so far advanced, that it had been of no use then to have raised either men
or money towards that expedition; as the lieutenant governor and council
very well knew; and had not the honorable colonel Nicholson, and Col.
Vetch, in an extraordinary viz. on the twenty third day of June, neither
money nor men had been raised on that account: This we think comes up to a
demonstration, that these gentlemen, rather than not gratify their
resentments, and give some colour of justifying what they had said, chose
to sacrifice the service of the queen, and the common good, on so
extraordinary an occasion, to their private piques; and indeed their
proceedures ever since, have confirmed the country in that opinion, and
exposed their conduct to a just censure, and shewed that they have been so
far from endeavouring (as they say, in the last article) by application to
the governor, to remove the grievances, if any were; that if their best
advice was at any time offered, it was rather how to continue and render
them more intollerable: We are sorry we have so much reason to say this as
we have; but a long and uninterrupted series of despotick and arbitrary
government exacts it from us; and which we are sure they will, to their
power, continue as long as to the great misfortune of this colony, they
remain in any places of publick trust.

"To enter into a detail of their several male-admistrations, t'would take
up more time than we can at present spare, and stretch the bounds of this
representation to too great a length: We have already laid before your
excellency some proofs against Mr. Hall, one of the council, of his
extortion, and imprisoning and selling the queen's subjects; who, if
they had been guilty of the crimes alledged against them, ought to have
been prosecuted accordingly and not discharged on any hopes of private
gain; and if not guilty, ought not to have been laid in prison and in
irons, and by those hardships forced to become his servants, rather than
endure them: But a man that could, after taking up adrift several cask of
flour, deny them to the owner, and sell 'em, is capable of any thing that
is ill; and how fit for so honourable a post as one of her majesty's
council, or indeed any other place of trust in this government, is most
humbly submitted to your excellency's consideration.

"Were there nothing against Mr. Peter Sonmans, but his being indicted for
perjury; from which by a pack'd jury he was cleared, as appears by the
memorial (No. 4) there being but too much reason to believe he was justly
accused; it would be no mean reason to lay him aside from her majesty's
council; it being some sort of reflection to continue a person even
supposed guilty of so heinous a crime, in so high a post, which her
majesty in a particular manner has endeavoured to secure the honour of; by
directing in her instructions, that no person necessitous or much in debt
shall be of it; much less a person known to be a bankrupt, as Sonmans is,
and who at this time, and for some years past, has lived in open and
avowed aduldery, in contempt of the laws, which his being in power not
only protects him from being punish'd, but enables him to carry on his
wicked designs, by imposing on the honest and simple people, who suspect
no trick from a person of his rank; as appears by the depositions (No. 5)
relating to the Amboy petition against Dr. Johnston and Mr. Reid; and to
stretch and warp the laws, to the manifest prejudice, ruin and undoing of
many of her majesty's subjects, whose complaints from the several parts of
the province, (so unfortunate as to be under his direction,) we make no
doubt has long e'er this reach'd your excellency's ears; and which, we
persuade ourselves, will, when your excellency is satisfied with the truth
of them, have their proper effects.

"The courts of law in which the gentlemen of the council were judges,
instead of being a protection and security to her majesty's subjects, of
their liberties and properties, in disputes that came before them, became
the chief invaders and destroyers of them both; and what should have been
the greatest benefit, proved the greatest grievance; as we we shall
instance in a few of the many things we could: And first, notwithstanding
her majesty, for the ease of her subjects here, has been pleased to
appoint the supreme court of this province to be held alternatively at
Amboy in the eastern, and Burlington in the western division of this
province; yet the causes of one division are tried in the other, and
juries and evidences carried for that end, at the great and needless
charge of those concerned, as well as great expence and loss of time to
the people in general; who can receive no benefit by the courts being held
alternatively, if the ends for which they are so held, be not answered,
and causes tried in the same division to which they do belong; besides it
is a practice of very mischevious consequence, making the people entirely
depend on and be subject to the judges of the said court, who can by that
method, lay any persons they do not like, under the necessity of being at
the beforementioned charge, and make them that way sensible of their
resentments; which, as we have instanced, they have been too ready and
willing on all occasions to do: Secondly, the writ of habeas corpus, the
undoubted right, as well as great privilege of the subject, was by William
Pinhorne, Esq; second judge of the supreme court, denied to Thomas Gordon,
Esq; then speaker of the assembly; and, notwithstanding the station he was
in, was kept fifteen hours a prisoner, until he applied by the said
Pinhorne's son, an attorney at law, and then, and not before, he was
admitted to bail; which fact as well as other things, may appear by the
said Gordon's case (No. 6) now laid before your excellency. The
proceedings against a person in that station, and at that time, made it
but too evidently appear, that the said Pinhorne would not stick to join
with the lord Cornbury in the most daring and violent measures, to subvert
the liberties of this country; and cannot be look'd on by this house, or
any succeeding assembly, duly considering the procedure and the address
abovementioned, afterwards signed by him, but as a person ready and
willing on any occasion, to attempt upon their liberties, and overthrow
them if he can; and how safe we can think ourselves while he continues in
power to hurt, is most humbly submitted.

"Many persons prosecuted upon informations, have been, at their excessive
charge, forced to attend court after court, and not brought to tryal, when
there was no evidence to ground such informations on; but they kept
prisoners in hopes that some might be in time procured; and two of them,
to wit, David Johnston and his wife, after some weeks imprisonment, not
admitted to bail 'till they entered into a recognizance, the condition of
which was, That if the lord Cornbury was dissatisfied with admitting them
to bail, upon notice thereof signified to them, they should return to
their imprisonment: His lordship was dissatisfied, and Leeds and Revell,
who took the recognizance, sent their orders to them to return according
to the condition of it.

"Actions have been suffered to continue, after the persons in whose names
they were brought, have in open court disavowed them, declaring they had
never given orders for any such actions to be brought.

"Actions upon frivolous pretences have been postpon'd, and the tryals
delayed to serve particular persons, when the juries and evidences were
all ready, and attending on the tryals.

"Though it be the right of the subject, by proper writs, to remove actions
from any inferior to a superior court; yet at the court of sessions held
at Barlington, in December 1709, colonel Daniel Coxe, colonel Hugh Huddy,
colonel Thomas Revell and Daniel Leeds, esquires, justices of the said
county, did reject a writ of certiorari, obtained by Mr. George Willocks,
and allowed by Roger Mompesson, chief justice, and committed said Willocks
'till he entered into recognizance, to appear at the next court of oyer
and terminer.

"The case of Peter Blacksfield, who by a mistake or design, was divested
of his estate, and ruined; is so well known to your excellency, that we
need say nothing more about it.

"The people called quakers, who are by her majesty admitted to places of
the most considerable trust within this province, are sometimes admitted
to be evidences; as one Mr. Beaks, a quaker, was in a capital case against
one Thomas Bates, at a court of oyer and terminer, held by justice
Mompesson, Col. Coxe, Col. Huddy, and others; on which evidence, he was
condemned to be executed; and sometimes they have been refused to be
jurors or evidences, either in civil or criminal cases; so that their
safety, or receiving the benefit of her majesty's favour, seems not to
depend on the laws, or her directions, but the humours and capricios of
the gentlemen who were judges of the courts: We, with all humanity, take
leave to inform your excellency, that the western division was settled by
those people, who combated with all the inconveniencies attending a new
settlement; and with great difficulty and charge, have from a wilderness
improved it to be what you now see it is; there are great numbers of them
in it, and should they not be admitted as evidences or jurors, they would
be very unsafe; for it is in the power of ill men, to come into their
religious assemblies, and murder as many as they please, and with
impunity, tho' look'd on by hundreds of quakers; or break open their
houses and rob with safety; and the encouragement the gentlemen of the
council have given to the meanest of the people, to abuse them, confirms
us in the opinion, that there wants not those who have will enough to
perpetrate the greatest mischiefs on that people, when they can escape the
punishment due to their crimes.

"The procedure of the whole body of the council, in relation to Mr.
Barclay, is a demonstration of their arbitrariness and partiality, as by
his case, (No. 7) now laid before your excellency, will more fully appear:
When he produced a commission before them, from the proprietors in
England, which superceded that lame one given to Mr. Sonmans; they (as
appears by an order of council) took the said commission from him; than
which nothing could be more arbitrary and unjust; for that commission was
the property of Mr. Barclay, and he had the right of executing the powers
of it; and if any persons was aggrieved, or the commission not good, the
law was open to dispute it; and a copy of it sent to the queen would have
answered all the just ends that sending the original could do: It was
indeed a short way of determining in favour of Peter Sonmans, and putting
it out of the power of Mr. Barclay, to right himself, during that
administration: The gentlemen may call this a strenuous asserting of the
queen's prerogative royal; but we can call it by no other name than an
open robbery, committed in their judicial capacity, under a pretence of
authority; than which nothing could be worse, or of more pernicious
consequence.

"To conclude, all persons not friends to the gentlemen of the council, or
some of them, were sure in any tryal at law to suffer; every thing was
done in favour of these that were: Justice was banish'd, and trick and
partiality substituted in its place: No man was secure in his liberty or
estate; but both subjected to the caprices of an inconsiderate party of
men in power, who seemed to study nothing more than to make them as
precarious as possible. Your excellency's coming, has put a check to that
violent torrent of injustice and oppression, that bore down every thing
before it; and we hope, that during your administration, ill men will not
have authority to hurt, nor their representations gain any credit with a
person so able to discern the motives of them; which are no other, than
the gratification of their own resentments, even at the price of the
publick safety, as we have in great measure already proved; and their
proceedings now does plainly confirm what we have offered; for what can be
the intent of rejecting our bills without committing of them, but to
irretate us to that degree, that nothing might be done, either towards the
support of the government, or the settling of a militia, that they might
have wherewithal to justify themselves in what they have said of us?

What was the cause of their rejecting the bill for preventing of corruption
in courts of justice, but the consciousness of their own crimes, and the
fears they had of that examine, which must necessarily have exposed their
conduct to a due censure? What was it that made them throw out the bill
against bankrupts (though made by her majesty's express direction) and
profess themselves against any bill whatsoever on that head, but the dread
they had of feeling the just consequences of it themselves? Nay, one of
them, William Pinhorne, esq; by name, was pleased to say, it was with
horror and amazement he beheld a bill with that title; we are not so fond
of the bill as it was drawn, but that we would have readily joined with
the council in any reasonable amendments, had they offered them; but we
think no honest man could be against a bill that makes the estates of
persons becoming bankrupts, liable to pay their just debts; and we hope
New-Jersey won't long be a sanctuary for such. The bill, entitled, An act
for enabling persons aggrieved by on act for settling the militia of this
province, was, to make the distresses unreasonably and illegally made on
pretence of the militia act, returnable to the owners, and to punish the
persons that did it; but this they will not pass, knowing that so just an
act would be attended with consequences they can by no means bear; the
instruments of that oppression being to be protected by them at any rate,
and nothing to be heard against them, because they were officers of the
government, tho' their practices were never so unreasonable or unjust, and
her majesty's subjects left remediless, and must patiently sit down, after
having their houses and plantations plundered, and their persons abused by
a crew of needy and mercenary men, under pretence of law; but it was such
persons that were useful to them, and such they must for their own safety,
protect: 'Tis for this reason they combine together, to secure, as far as
they are able, Jeremiah Bass, their clerk, the secretary of this province,
and prothonotary of the supreme court; in all these offices his pen is to
be directed by them; they dread an honest man in these offices: How he has
behaved himself, is in some measure known to your excellency, especially
in the case of Dennis Linch, the Maidenhead people, and Peter Blacksfield;
the two last are notorious malversations in his office, and appear under
his hand, and by the minute books of the supreme court; and it is no
excuse in him, when men are turned out of their estates and ruin'd, to
say, it was a mistake; if such an excuse would do, it is very easily made
on any occasion; and in this province, can be safe, when such a person
continues in offices of so great trust. All the original copies of the
laws passed in the time of the just lord Lovelace, are somehow or other
made away with; Bass offers to purge himself by his oath, that he has them
not, nor knows any thing of them; and it may be so for aught we know; but
in this provmce where he is known, it is also known, that few men ever
believed his common conversation, and several juries have refused to
credit his oaths; he corroborates what he says with the evidence of Peter
Sonmans, one of the council, a person once indicted for peijury; and how
he was cleared, the aforesaid memorial makes out; so that we do not think
him a person of sufficient credit to determine that point. It is certain,
that the secretary's office is the place those laws ought to be in, and he
ought not on any pretence to have parted with them out of the province: It
is certain, the lieutenant governor ought, within three months after the
passing of them, to have sent copies of them to the lords commissioners
for trade and plantations, and duplicates of them by the next conveyance
after; and this under pain of her majesty's highest displeasure, and the
forfeiture of that year's salary, on which he should on any pretence
whatsoever omit the doing of it; how comes it then about, that neither the
secretary Bass, nor Mr. Cockrill, private secretary to the lord Lovelace,
and who lived six months after his master's death, was never examined
about them? Mr. Cockrill could have cleared up that matter while alive, if
the lieutenant governor could be thought so grossly to neglect what he
knew to be his duty; why did not Mr. Bass apply to him in all that time
for those laws? If he had parted with them, as he pretends, so much
against his will, it was very natural to suppose he would have used the
utmost application to get them again; yet no one enquiry is said to be
made after them, either by Bass or the lieutenant governor, of the lady
Lovelace, who staid in New-York long after the death of her lord, or of
his secretary; nor no noise at all made about them 'till this time, so
long after the arrival of your excellency; can any body think it was the
interest of either the lord or lady Lovelace, or his secretary, or any of
his lordship's friends, to destroy a law which gave the lord Lovelace
eight hundred pounds, and without which he could not have it? but it does
appear to be the interest of the lieutenant governor and his friends to
destroy it; for they had got an act passed, which took from the lord
Lovelace three hundred and thirty pounds of that money, and gave it to the
lieutenant governor; and two hundred and seventy pounds more of it was
given to him for the support of the government. Had he sent the act made
in favour of the lord Lovelace, to the queen for her approbation or
disallowance, and her majesty had approved of it, as in all probability
she would have done, then the act made in colonel Ingoldsby's favour had
been void; but had the other gone home first, there was an expectation it
might pass, the queen knowing no more about the first act, than that a
vote had passed in favour of the lord Lovelace. And to make it plainly
appear, that colonel Ingoldsby, and the gentlemen of the council, were
apprehensive of the danger of sending those acts to England; to the act we
have now past, for making the printed copies as effectual as if the
originals were in the secretary office, that your excellency may be
enabled to transmit them to her majesty; they have added a providing
clause, that the act made in Col. Ingoldsby's time, (which takes that
money from the lord Lovelace) shall not by this act we have past, be made
void in the whole or any part thereof; but continue in full force and
virtue, as if this act had never been made: This amendment they insist on,
tho' they knew, and do know, we will never agree to a clause so foreign to
the title and intent of the bill; but this is done by them, with design
that the bill shall not pass; by which means her majesty will be without
authentick copies of the acts, during that good lords administration; and
they hope will confirm the acts past in colonel Ingoldsby's time: What we
have said on this head, shews very plainly who are the persons that ought,
with most reason to be charged, with the making away those original laws.

"We are concerned, we have so much reason to expose a number of persons,
combined to do New-Jersey all the hurt that lies in their power: Her
majesty has been graciously pleased to remove colonel Richard Ingoldsby
from being lieutenant governor, and we cannot sufficiently express our
gratitude for so singular a favour; and especially for appointing your
excellency to be our governor: We have all the reason in the world to be
well assured, you will not forget that you are her subject; but will take
care that justice be duly administered to the rest of her subjects here;
which can never be done while William Pinhorne, Roger Mompesson, Daniel
Coxe, Richard Townley, Peter Sonmans, Hugh Huddy, and William Hall, or
Jeremiah Bass, Esqrs, continue in places of trust, within this province;
nor can we think our liberties or properties safe while they do; but if
they are continued, must with our families desert the province, and seek
some safer place of abode: We shall wait 'till your excellency can
transmit accounts of the state of this colony, to her majesty; and assure
you, that we will on all occasions very readily, to our power, comply with
her majesty's directions, and be wanting in nothing that may conduce to
make your administration happy, both to yourself and us.
"Signed by order of the house of representatives.
"WILL. BRADFORD, Clk.
"Die Veneris, A. M. 9 Feb. -- 1710."

This representation was received kindly by the governor; he answered, "that
her majesty had given him directions to endeavour to reconcile the
differences, that were in this province; but if he could not, that he
should make a just representation to her; and that he did not doubt, but
that upon the representation he should make, her majesty would take such
measures, as should give a general satisfaction."

The governor accordingly backing the remonstrance to the queen, got all the
councellors removed, that were pointed out by the assembly, as the cause
of their grievances, and their places supplied by others: The business of
this session being finished, the governor prorogued the house.