Bi - Centennial C elebration

O F T H E

B O A R D O F

A M ERICAN PROPRI ETORS

E R Y E AST N E W J S E .

A t P erth A mbo T uesdé N ovember 2 1 88 . y , y , 5 , 4

N E WA R K , N . J

P R E S O F T HE A D E T P I T S V R I S E R R N I N G HO US E .

1 885 .

T T HE semi -annual sessi o n of the C o unc il O f P ro prie

’ o s at S o -G s offi c P mbo t r , the urvey r eneral e in erth A y ,

O n d d O f M a 1 8 8 w as r o d N . J . , the thir Tues ay y , 4 , it es lve that th e appro ac hing two hund red th annivers ary O f the B oard o f Ameri c an P ro prietors sh o u l d b e c o mmem o rated b o c an d c om m y appr priate exer ises, the Exe utive C ittee were auth o ri z ed t o m ake the ne c essary arrangements fo r

u o that p rp se . A meeting O f the E x ec u tiv e C ommittee was held at P erth

mb o on c o d O f t o c o u t b o o A y the se n J uly, arry the a ve res l u i on P for c e m d an d t . lans the exer ises w re ature the wo rk

f u was c d f O preparati o n beg n . I t arrie orward in su c c es sive m u fo o eetings , with the res lts given in the ll wing pages .

b c d d d d The pu li a resses were elivere in the City Hall , a nd c o o was d m b d the llati n serve in the sa e uil ing . There was e an d c d c an d m u c i n a larg appre iate au ien e present , h t e re st was sh own in the oc c asi o n whi c h h ad bro u ght them

o as as m d b t gether, well in the atters presente y the s peakers . T h e Exec utive C o mm ittee are glad t o m ake p u b li c a c kn owled gment O f the attenti o n sh own them by the M ay or an d o mm o o c O f P m b o a n d b c o m C n C un il erth A y, y the m it te e O f lad i e s an d gentlemen wh o assist e d i n the enter t ain m e n t o f th e visit o rs ; a n d th e ir thanks are espe c ially

d u e t o th e e m o b o an d g ntle en wh se a le , appr priate inter e sting ad d resses gra c ed these c o mm e m orating exerc ises

’ ’ H A L N O B LE P r es zae fzi C R ES E . , ,

G G H K u e = . S r v ar Ge fze r a/ EOR E COO , y ,

' WI L L I A M M F C R e zs fe r . OR E , g , H o n . M L A K J R A OS C R , . ,

M H Y L D E s . TI OT OR , q ,

B WA E U . . N s TSO , q . ,

' E x e u ti C ommzl te e c ve .

C O N T E N T S

H A L A D D B Y H N O R T L A N D T P A K C O . C I . ISTORI RESS R ER ,

f o w . . Ne ark , N J

I I — S A M N W H " H B N O F M A P o . T T E E TS I T E I ITIO S, explanat ry

O f the L oc ati o n an d B o u nd aries O f E ast New

H K P F . G O u r e or b G . S v Jersey, y RO EOR E C O , y

f B c J e ne ral O . . G , New runswi k , N

“ D D : fl c O f P o o I I I . A RESS The In uen e the r priet rs in

d n b P F U N C F o S . S un i g the tate , y RO A STI OTT ,

f R l B J O o c . . utgers C l ege, New runswi k , N

’ K E S A D D E S P A S . M R . R R R

d A few weeks ago , Englan and Am erica sympathized in the celebration of the centen nial birthday Of a great

H ebrew philanthropist , a most interesting and praise d an worthy reunion . To ay we celebrate here in their cient and original home the bi- centennial anniversary O f

O f the organization a body , once Lords by title , and , in

O f O f t fact , New Jersey and her domain ; no represen a “ tive creation of the people , by the people and for the people , but acquiring the title to soil and Government too , by conveyance from the British crown from whom the title to every foot Of land in New Jersey springs ; and among whom , even after Government was sur

o n rendered , her chief and m st infl uential citize s were to be found . Little by little the domain , the possession of which gave the Proprietors consequence , has passed

n from their hands . W hat is left in their control is ow of comparatively Slight value . But the re is enough remaining to make the Board still possess great c on s e

u e n c e . q And though but a ghost Of its former self , it is proper and right that they should meet upon this

tw o day , look back on the hundred years which have

O f passed , and render the tribute their respect to the wise , energetic and enterprising men who were their early predecessors . 8

The existence Of a separate Board or Council of P ro

rie tors f p rom whom all titles are derived , instead Of

Obtaining them from the governing power , as is the I case , believe , in all the other States Of the Union , is a

e rs e m e n fact which , well understood among native J y , n almost always seems strange to those who are ot .

, And , therefore , it may be well , familiar as is the topic to state succinctly how it came about th at we had in e New J ers y from the beginning , and have now as the fountain Of all title , a private body Of landowners . The doctrine of English l aw was that discovery and conquest gave title , as to all heathen and uncivilized countries , to the British Crown . To use j udicial lan

. . . I guage (C J Kirkpatrick in Arnold v M undy , Hal

I : \ . stead R . ) Vhen Charles I I took possession O f this

of d country by his right iscovery , he took possession Of it in his sovereign capacity . H e had the same right in it and the same power ov e r it as he had in and Over his other

. t dominions , and no more This right consisted in gran ing the soil to private persons for the pu s p os e s Of settle ment and colonization ; Of establishing a government , Of

O f supporting a governor , and conveying to him all

o to th se things appurtenant the sovereignty , commonly

f r f o o . called royalties , the benefit the colonists

Both discovery and conquest , it is claimed , gave the * “ o British cr wn the title to New J ersey . The English fi rst discovered and took possession O f this part Of North f . o America Being at war with th e States Holland , ' they were driven out by their enemy , who took pos session and built the city Of New York , calling it Ne w d d Amster am . They exten ed their settlements into New

* r u I I 8 0 . Wall and Scott a g endo , H alstead , 5 9

O f J ersey , particularly into the adj acent counties Bergen ,

Essex , Monmouth , Somerset and Middlesex , the first European inhabitants O f which were generally H ol

' 1 66 th e landers . B ut in 4 English reconquered the territo ry and expelled the D u tch Government . The King thus gained a ne w title by c o nquest Of a civilized

‘ 1 2 1 66 " nation . O n March , 4 , Charles by royal patent , granted Ne w Jersey to his brother J ames , then

’ O f D uke York , afterwards Charles successor upon the throne . H e immediately took possession . T hus the landed property O f New Jersey is held direct from the King of England . This grant O f the D uke gave not only the property

bu t . in the soil , also the right and power Of government N O other title to the soil than his was ever recognized by the law . It was unappropriated land , a savage

. 0 wilderness , a great waste T such property the law w appoints the King as o ner , because there is no other .

r O f Moreove , it is a fundamental principle the common

O f law , that all lands , even those private persons , are

. n o held Of the King Where there is private owner , therefore , all persons must claim through him . (3 Bl .

Com . 4 9 , I n respect to the Old settled and granted

O f h lands , this may be a fiction law , but it is trut and history here . It was a newly discovered wilderness

’ conquered by the King O f England ; it was the King s from necessity , and belonged to him solely , substantially and beneficially .

' Shortly after this deed , James , Duke Of York , con v e y e d the land and the government to John Lord

Berkeley and to Sir George Carteret . These men had been distinguished for their loyalty during the civil war , an d the grant was an evident reward . Carteret had 1 0

G o o of d o f was d been vern r the Islan Jersey , and istin gu is h e d fo r his defence of it against the tro ops Of the

o or P arliament . Hence the name N va Cesarea New

Jersey .

th e o Phillip Carteret , first Proprietary G vernor , with the first settlers under Berkeley and Carteret , arrived in

New Jersey in the Summer o f 1 665 . By the treaty Of

B rc d a 1 66 w as in 7 , Ne w Jersey formally ceded by the

’ Dutch to the King O f England . T his gave rise to a

2 th 1 6 O f new grant . J uly 9 , 74 , by the King to the Duke

o to a w . Y rk , and by the Duke Berkeley and C rteret ane

1 6 6 I n J uly , 7 , the province was divided between the

P o two r prietors , Carteret taking East Jersey , and \ Berkeley Vest . T hereupon , Carteret , by will , devised his plantati o n Of New Jersey t o trustees to be sold for — 1 68 1 2 . certain purposes , by him stated , in The trustees and his d o d a wi w , executrix , sol all E st J ersey to twelve

o o Pr prietors , who , again , c nveyed half Of their interest w to t elve others . This conveyance was strengthened

a - o by a rele se to the twenty four by the Duke Of Y rk , 6 2 in 1 8 . Each Pro prietor had a twenty-fourth interest in the

o pr perty , inheritable , divisible , and assig nable , as if it f were a farm instead O a pro vince . And by these means the estate has come d o wn to those who no w own the

o the pr perty . Every foot Of ground in the State has

o o to Once bel nged to these Pr prietors , and belongs its

as present owner , their successor , by and through the

o rules of C mmon and Statutory Law .

o f o a The rules the Proprietors , f rming an greement between them , have established two modes Of convey ing titles in severalty to their lands . O ne is by letters

— a patent plan pursued in the earliest period , but long I I ago abandoned— the other by what is called warrant and survey , the method followed for many years past . It is thus clearly described by Chief - J ustice Kirk “ patrick : The Proprietors of New J ersey are tenants in common of the s o il . Their mode of securing the common right is by issuing warrants from time to time to c d re the respe tive Proprietors , accor ing to their s e c ti ve p and several rights , authorizing them to survey and appropriate in severalty the quantities therein con

in n ot - ta e d . Such warrant does convey a title to the

Proprietor ; he had that before . It only authorizes him to sever so much from the common stock , and Operates

' as a release tO t e stify such severance . This is mani fe stly th e case when the Proprietor locates for himself .

of w ar When , instead locating for himself, he sells his rant to another , that other becomes a tenant in common

7 0 Zmzi o with all the Proprietors p , and in the same manner he proceeds to convert his common into a several right . It is true that the survey made in pur s u anc e of this warrant must be inspected by the S ur v e or-G r d y ene al , approved by the Boar , and registered in their books ; but all this is for the sake Of security ,

Order and regularity only , and is by no means the passing of the title . It proves that the title has passed , but it is not the means of passing it . As survey after survey has been made uponwarrant

of approved and registered , the domain common land

a N e w has diminished in extent . But at le st until all J ersey has been so disposed of this Board must continue to exist .

n or The United States Gover ment owns , rather , has

or owned , all the great West through conquest through treaty . Therefore , a party desiring land goes to the 1 2

Government Offi cer , and on complying with established

or . t re regulations , gets a patent a deed The Sta es spectively own lands within their boundaries . They acquired them , each for itself , by conquest or by treaty , o r later, by taxation and sale therefor . In New Jersey ,

o o u r h wever , Legislature has nothing at all to do with o u r waste or unappropriated land . It all belongs to the

to o w n Proprietors , those , namely , who what are known as Proprietary rights , or rights of Proprietorship , and is subj ect to the disposition O f the Board of P roprietors .

who on e of Any one holds quarter share Propriety , I

n understand to be admissible to a seat as o e of the Board .

hO e for I p it is not invidious me to add , j ust at this

i s h point , that it questionable whet er the plan followed for so many years , in disposing Of unappropriated lands in New Jersey might not have been improved upon . I t certainly has been susceptible of much abuse . Surveys

of ac have , course , and necessarily , taken precedence

d . cor ing to record H ence , careless and unwary people d have , more or less frequently , lost their lan s . And “ again , blanket or including surveys have been — allowed surveys , that is , which have comprised within

o their limits other surveys theret fore made , and which leave dispute possible as to where the boundaries of ex c e te d h o w p surveys are , and as to much land is lyin g o utside of them and within the boundaries of the in c l u f one . sive I venture to think , beside , that su ficient attention has not been paid to the registration and

N r perpetuation Of beginning monuments . o am I

O f quite clear that the practice avoiding , in surveys , the mention of any monuments but the beginning one has contributed to peace and the avoidance of disp ute concerning boundaries . 1 3

It is questionable , may I be permitted to suggest , whether it would not have been wise , if feasible , to have

of made , early , correct maps every township in the State , up o n which each return and survey as m ade should be w laid down , and which would thus exhibit al ays to the d eye , w hether there was unappropriated lan within the bounds of that township and what and where it was .

Such a scheme , or one similar to that under which the

ou t great State of New York was laid , mapped and divided into sections , would have contributed , I think , to that certainty in regard to boundaries of land , which Should be and doubtless has been the great motive of a Board sustaining the dignified position towards the

of community New Jersey , always occupied by this ancient and venerable body . E ven now it would seem

too n ot not to be late for action Of this nature ; , indeed , that the Proprietors themselves can be j ustly called

O f upon to undergo such an expense , especially in view the small area still belonging to them . But would it n ot be policy for the Proprietors to sell and convey to the State all their interests and rights remaining in its soil and for the State to buy and then to cause complete surveys , such as those sketched , to be made , with the

of view perfect certainty , and that boundaries now exist

n ot ing but clearly established , may be free from future disturbance ? T his seems to me to be an argument for

of such a purchase , closing forever the existence this

o of an maly in practice as to the devolution land titles , additional to that of thereby settling all disp utes between

O f the State and the Proprietors , growing out the

of language Of the early grants , the surrender Govern ment to Queen Anne , the acquisition afterwards , by the

1 6 O f State , through the Revolution Of 77 , of the rights 1 4

the crown , and all other possible claims . I t is time

’ ’ ' zzzz cr zzmz many think , that this p zzz this Lord

an . ship over ungranted land , should come to end But I confess that these explanations and suggestions

to - are scarcely in place day , dedicated as it is to the

of o memory those who first composed the B ard , and their immediate successors . We have to do with the — past perhaps with the past only . Who and what

o ? manner Of men were they , these early Lords Propriet rs What s o rt of a country was this no w fair and thriving ? J ersey , in those far away times Subj ects w hich have filled volum es can hardly be

to adequately , or with any approach adequacy , treated o n i an occasion like this . All that can be done s to present some faint glimpses of early days ; of the men w ho lived in them , and of the fair land we now inhabit .

no w - The well known book of George Scot , of Pit l oc hie o of , reprinted and annexed to the excellent w rk the “ \Villiam late A . Whitehead , East Jersey u nder the

” o Pr prietary Governm ent , with several letters appended , gives us very full kn o wledge of the early attracti o ns of

’ o u r . beloved State It is true , Scot s book presents in ternal evidence that it was written as a re c om e nd ation t o emigration . And yet exaggeration in these days was slight compared with such works now . H e published 6 i his o 1 8 . I t s b ok in 5 quaint , learned , prolix , and shows him to be a single - hearted religionist of the Scottish

o f type . Yet his description Ne w Jersey as it then was is exceedingly interesting , and evidently reliable . H e

its — — extols climate the same , he says , with Naples the

O f its its of fertility soil , convenience situation , lying upon

’ that vast navigable stream called H udson s river , and 1 00 o r also upon the sea , along which it stretches miles “ r more ; its ha bors , especially that noted Sandy H ook

c oadfis h and bay , its fisheries for whales , , colling h ake fi s h s c al e fi s h , and large mackerel , fo r stu rgeon , , eels and shellfish , as oysters , its rivers and rivulets , with

fi nn their y inhabitants , its meadow lands along their “ banks ; its fine timber , such as good oak , fit for Ship w ping and masts , and also chestnut , alnut , poplar , cedar , t ash , fir ; its fer ility , being cleared , which yields a vast h increase , not only Of I ndian corn , which is a very w ole some food , but of English grain , su ch as wheat and

2 0th barley , whereof it usually yields betwixt the and

3oth fold , and with far less labor than in Britain ; its p roducts , such as flax and hemp , its grass , its fruits , as grapes , plums , mulberries and also apricots , peaches , pears , apples , quinces , watermelons , which are in but England planted in orchards and gardens , grow there with far less labor ; its game , as deer , connies and wild fowl of several sorts , as turkies , p igeons , partridges , plovers , quails , wild swans and geese , ducks in great

m an d plenty ; its do estic animals , as horses , cows , hogs s m some sheep its minerals its fur , beaver , ink , raccoon

O f and marten skins . H e celebrates the fewness the

a I ndians , their pe ceableness , their usefulness to the colo n is ts , their friendliness , being conciliated by p urchasing

n of their la ds instead , compelling their submission by force of arms but most does he dwell on the freedom

n on guaranteed by the grants and co cessions , especially

as d what he regards the perfection of religious free om ,

or in that , to be a planter inhabitant nothing is required but the acknowledgment of one Almighty God , and to have a share in the government , a simple profession of

o faith in Jesus Christ , without descending int any other of the differences among Christians , only that religion 1 6

may no t be a cl oak for disturbance . He celebrates the rapid growth of the colony in population an d enumerates it s as w settled towns , such Shrewsbury , ith Colonel ’ hi o s . M rris iron mills , manor , etc , the whole population

00 00 an d computed at 4 ; Middletown , with about 5 , among

not them a Captain J ohn Brown , quite so famous as he

of Of later date and immortal memory , whose body and

all soul we have heard and also Richard Hartshorne , w o o u r hose name and race have come d wn to day , famous on the very spot w here their great ancestors

P i a bled and died . H e mentions also Piscataway or s c t

o his awa , a t wn which has not kept pace with expecta

—\V o odbrid e tions g , Elizabethtown and Newark or “ “ Milford . I n this town , he says , hath been a Court ” of . Sessions , held between this and Elizabethtown I t i s o o the m st compact t wn in the province , and consists of o ne o f 00 i n habi about hundred families , and about 5

ha . s tants H e a good deal to say Of Berghan , and makes o u t that all the population Of the colony equals

700 families and pe o ple .

d - A letter of Thomas Ru yard , Deputy Gove rnor Of

0 East New J ersey , to a friend in London , dated May 3 ,

1 68 is F th e o o 3 , fullest and m st succinct acc unt Of the “ o P ro c untry and its pe o ple . ( East Jersey Under the ” rie to rs p , page

w as of i of N e w It the day small things , th s infancy I t 2 6 . s Jersey first Legislative Assembly met May ,

1 66 w a o 8 . Thirty pounds s levied o n the different t wns to defray the public charges— fi v e pounds on each of \ the six towns . Vhen Philip Carteret came , first Gov

e rnor o f o d the colony , he f un at Elizabeth , his future

o . t at d residence , f ur families a king om that must

of - have seemed to him , a youth twenty six , clothed

1 8

' had H olland blo o d s o me years before in Bergen and 666 H o . 1 u u e in S merset I t acquired Puritan in , and g d n o ts came with the Dutch . Some years afterwar s

o w ho d came the Sc tch , fi rst settled Amboy , calle it

o o Perth after their m st distinguished c mpanion , and

of made it the home J ohnstons , Gordons , Skinners ,

o M c Gre ors A d p r perly g , lexan ers , Hamiltons , Barclays ,

o an d o . Fullertons , Sc tts , Rutherfurds other Scottish f lk This infusion had much to do with the shaping of the c ol o ny . T he decided and conservative character of

of East New Jersey , the enterprise Newark , the sturdy

o f o u r o industry agricultural c unties , the independence

— ih of Of all short , the individuality the State , more

of o u t striking perhaps than that any other , is the plain g ro wth of the fusion of their different but excellent

n o f nati o nalities . T here is frivolity in the character o a n o y of these comp unds , and the absence of excitability ,

o f of d of gregarious following leaders or a option ideas ,

is a marked attribute t o day of the native J erseyman . T he council of Governor Carteret were persons not d t o o r . much known fame , then ever The lea ing man a mong them was a Frenchman named Robert Vau

- of w ho quellen , first Surveyor General the Province , ,

w o G ith his wife , acc mpanied the overnor in his passage

of a cro ss the sea . The trustees Sir George Carteret ff could no t make sale of East Jersey . After ine ectual

a ff o ttempts at private sale they o ered it at public aucti n ,

a nd \Villiam P n ot enn and eleven associates , most if all

fo r too Q uakers , bought it It was heavy a

purchase , apparently , for their management . Each sold

his half right to another , and so were constituted the

- twenty four Proprietors . T hey procured a deed of

1 1 68 2 c onfirmation from the D uke Of York March 4 th , , I 9 an d then the twenty-four Lords Proprietors by sealed instrument established a council , gave them power to f appoint overseers , and displace all o ficers necessary to m t of anage heir property , to take care their lands , deed them , appoint dividends , settle the rights of par tic u lar of Proprietors in such dividends , grant warrants survey , in fine , to do everything necessary for the f profitable disposition O all the territory . The council was always to represent one -third of the general Pro

r p rie to s .

The new Proprietors were men of rank . William

. W Penn is known to all the world ith him were James ,

of Earl Perth , J ohn Drummond , Robert Barclay ,

c on famous , like Penn , as a Quaker gentleman , and a trov e rs ialis t for Q uaker belief ; David Barclay , Robert

Gordon , Arent Soumans , Robert West , Thomas Rud

a yard , lawyer who had won fame in London as de

O f o fender William Penn ; Samuel Gr om , Thomas H art ,

M e w Richard , Ambrose Rigg , John H eywood , H ugh

of w Hartshorn , progenitor the distinguished lando ners as P l u mste d stated near Sandy H ook ; Clement , Thomas

w B llin e Cooper , Ga en Lawrie , Edward y g , James Brain , I V illiam G ibson , Thomas Barker, Robert Turner and

Thomas Warne .

for Robert Barclay was appointed Governor life , but with liberty to act by deputy , and Thomas Rudyard f . 1 68 was selected for this O fice H e came here in 3 ,

of and his council were Lewis Morris , Barbadoes , a large iron man in Monmouth , John Barr and William

Sanford , with others less known to fame . Gawen Lawrie succeeded Rudyard in a very short t ’ time af er the latter s appointment , and under him a considerable Scotch emigration took place . Under him , 2 0

too , Perth Amboy was laid out , a favorite obj ect with h ffi the early Proprietors . Lawrie eld his o ce but a little while , and to him succeeded Lord Neill Campbell , a

of k of brother the D u e Argyle , implicated with him in 6 treasonable invasion of Scotland in 1 8 5 . H e retained

of . Gawen Lawrie as one his council H e remained , however , scarcely a year , appointing Andrew Hamilton

ad as his substitute . Troubles sprung up during his

to ministration , with New York , settle which Hamilton

o u t for on set England , but his passage was captured by the French and for some time detained .

G o vernorships were short in the New Province . 1 6 2 — w Hamilton , reappointed in 9 and to hose care as

I V e s t l con fid e d— Governor , J ersey was a so who was

- likewise , during the same period , Postmaster General Of

f n 1 6 ha v America , held o fice no lo ger than 9 7 , England ing passed an act requiring that proprietary Governors r should be approved by the King , and that no othe than a native of England should h old an office of trust or profit . The Proprietors unwillingly parted with him .

J eremiah Basse succeeded him , but troubles recurring ,

a 1 6 f Hamilton came b ck in 99 , and retained the O fice till his death in 1 703 . In 1 702 occurred the surrend er to Queen Anne of the

h of rig t government , an event having an unintended but most I mp o rtant effect on the extent of the pro prietary

o o d d main an effect , h wever , not announced , if discovere , till many years had intervened . Lord Cornbury then

o o . came , first G vernor under the Cr wn This event

o f diminished greatly the c nsequence o the Board . Its

o r w as re nominee no longer gave communicated , or

of . quired to approve , the laws the province It became what it ought to have been from the beginning , merely 2 1

a n association of landowners . B ut men of great emi m n e n c e and force still anaged the body . Singularly e nough , as it seems to me , it was never formally incor

orat e d . p I suppose that it may , nevertheless , be a d corporation . While there existed much lan undis

of o posed of, the active directors the ass ciation were men who made their mark . Such were Lewis Morris ,

A s hfi e ld J ohn B urnet , Richard , James Alexander, John

o J ohnston , J hn Parker , John Hamilton , Lewis Johnston ,

Andrew Johnston , Joseph Murray , Samuel Nevill , Rob e rt a H unter Morris , Elisha Parker , John Stevens , W lter

C ortlandt Wil Rutherfurd , Skinner , William Skinner ,

of liam Burnet , David Ogden , acting for the sons

L an e r William Penn , Oliver D e y , H enry Cuyler , J . , an d William Alexander , Lord Sterling . I give the 6 prominent names from 1 73 5 to 1 7 4 . It would be gratifying could we do more than recall

n of the ames these worthies , could cry to the dry bones f o the slain and make them live again . But the task is

ou r . not within the compass of time Let me , however , c n all up from the past , as well as the scant materials e

of e of able us , the forms som the most notable among those I have named .

of of And first all I mention , because his absorbing i nterest in proprietary rights , the distinguished JAM ES " ALE AND E R . The minutes Of the Council of Proprietors

1 2 1 6 from 7 5 to 7 5 are a monument of the devotion , zeal , intelligence and unremitting and absorbing care of this of H gentleman for the interests this Association . ow much earlier he bestowed this attention I am not able from the material furnished me to say . B ut d uring this period it might be said Of him that he well-nigh em b odied the Board . If he did not w ith his own hand pen the minutes , they must have received his particular and most scrupulous supervision . They recount his history and the employment of his time . They refer to incidents now historical and most valuable to the general public . They ought to be s o ught for by the State and published in the collections of her archives now in course of annual issue . \V e form our ideas of the character of Washingto n by studying n ot only his public and private c orre s po n

e xac t an d I V . e dence , but his minute and j ust accounts think him a greater Washington because we fi nd him making record of the m ost unimportant particulars with

a o r his own hand . We incre se u good o pinion of him

his by noticing the neatness , precision and clearness of

o ne w ho handwriting , and any will peruse these minu tes ,

as ris e o tiresome he may find the task , will fr m it with a conviction that James Alexand er was a man of highest

o value , and inestimably useful to the Propriet rs , and through them to all who under them o w n the land composing East New Jersey .

n ot It was the fashion in those days , as it is perhaps too to of an much so now , make the death associate the

n occasion for eulogistic corporate action . I am ot sure that this huge book of minutes contains any passed in relation to any other of the very distinguished gentle

w h o . men , during that period . deceased But when he

1 6 of to died , in 75 , a letter condolence Mrs Alexander

of o reported by a committee composed Robert M rris ,

A s hfi e ld C ortlan d t Richard , Richard Peters and Skinner was addressed to the wid o w of their old associate in th e following words

"Ma da m T h e C o u ncil of Proprietors of East New Jersey take this

o O pportu nity of their first meeting since the death of M r . Alexander t 2 3 make y o u and you r family their sincere and cordial c ondolence on this

u . mou rnfu l and nexpected event When alive they esteemed him , they T u . tr sted him , they loved h im hey have reason , therefore , now that

u he is taken from them , to bear part in yo r grief , having lost their

u u . co nsellor , their friend and their nwearied assistant

h e C u T o ncil , sensible of the manifold obligations his friendship and

u r u u services have laid them nder , think it thei d ty to ass re the family that we shall never fail to give them all the ass istance in ou r power for completing their titles or the re c overing th e ii‘ rights to any land of his

ou in this division , or to do anything else which y shall be advised we can do for you r benefit .

At the same meeting his son , William Alexander ,

d - Lor Sterling , was made Surveyor General in his

’ m h ad f father s roo , who held the o fice so long that pre cedents for a commission were directed to be sought 6 for . I n 1 1 H e became such 7 , forty years before his

death .

James Alexander was a Scotchman . H e was ou t in

of 1 1 the rebellion 7 5 , in which his friend and sometime f . o associate , the afterward Rev William Skinner , Perth

on Amboy , believed best authority to have really been

of M ac Gre or . a leader the clan g , participated H e took

refuge here the next year . H e was a proficient in

mathematics , and distinguished as an engineer .

Notwithstanding that he was a political refugee , he enjoyed the friendship and patronage of the gre at Duke “ of O f Argyle , immortalized by Scott in the H eart

o of Midl thian , and through him had the good will the f representati ves here of the house o Brunswick . Soon after arriving in New York he received an official ap

pointment and won distinction in it . H e soon obtained the post of Surveyor- General b o th i n New York and 1 2 0 New Jersey , and in 7 Governor Burnet , another

d hi s . Scotchman , ma e him a member of council While 2 4

thus employed M r . Alexander studied law , and when called to the bar became rapidly eminent , not as a

o o speaker , his eul gists grant that , but for prof und legal knowledge , sagacity and penetration . H e enj oyed the

o fo r of id e n ti go d fortune , however , rare any lawyer , f in o y g his name with an hist rical cause , the trial of

f o Z ” r ck/ John Peter enger , printer of the New York y

ou r nal . j , for libel

n These colo nial times were o w and then quite stirring . \V h e th e r it was because most of the inhabitants of the Pro vinces had been engaged in political or religi o us

o r disturbance at home , because when they came here

o the air was prophetic and inspired a l ve for liberty ,

of and a tendency to resist power , the history almost

was n e every G o vernor o of contest with the pe o ple .

an d o These were , it is true , very few , so the fact is m re remarkable But whether o r not it ill u strate d a familiar l v ulgarism , certain y there was much tempest in every

Province . The Governor of New York in 1 7 3 2 adopted certain

o unwarrantable p r ceedings , yet had his legislative bodies

o f o with him . But the courts law refused to bey his

- mandate . Thereupon he displaced Chief J ustice Morris

L an and app ointed in his stead James D e c e y . Then the

d I Vrrt / / ou ri ml o people establishe the J j , which t ok their w side ith that energy in which newspapers seldom fail , an d o ne of its w to-d a articles , hich y would be regarded as o u t for rather harmless . was singled prosecution by

o G d to inf rmation ; the ran J ury refused indict , and the

n - trial came o befo re the new Chief J ustice .

an d James Alexander William Smith , another dis tingu is h e d lawyer who had co me over in the same ship

’ l a Z with A ex nder , volunteered in enger , the editor s

2 6

o him the freedom of the city , and the g ld box , enclosing

o d it with the city arms engraved , commem rate his i success and h s merit . Thus w as old age enabled to win the crown of glory — of a life time as if to bid all men perceive that s o long as o ne has life and health his exertions belong to his fell o w creatures . Though M r . Alexander could not in

’ ro r za e rs ona Z p p p participate in the defence of enger ,

his yet , martyrs as they were in cause , it is impossible

t o of tha they did not , behind the scenes , share the lab rs his s o d id n o t counsel , and equally that they enjoy a large part of the popular favor which was m ost ostenta tiou s ly best o wed where it was safest to give it .

o o n . While this cause was g ing in New York , Mr d Alexander , intereste as a large Proprietor , as Surveyor

General in New J ersey , and as general counsel and

o o of e n fact tum of the C uncil Proprietors here , was gaged in lo oking after the popular difficulties in N e w Jersey which terminated in the celebrated law suit in our Chancery between the Proprietors as complainants , and what were called by them the Clinker Lot Right

was of is men , which suit begun by the filing what pop ularly known as the Elizabethtown bill in Chancery .

on Alexander here was not the popular side . Though

o f the population East New Jersey , at that time , could scarcely have been twenty thousand , yet the feeling seems to have been intense . Trespasses , ejectments ,

o riots , gaol breakings were the rder of the day , and for

o ten years , law suits , their pr gress and their issue , were

o o f f the chief empl ym ents the hal yearly councils .

Eminent counsel from Ne w York assisted . B ut the

of its o burden the confl ict , with all tremend us detail ,

l . a v e r fel upon Mr Alex nder , aided , perhaps , at the v 2 7

A o last , by Elisha Parker , of mb y , then or soon after

s on-ih - w ho of wards , his law , was Solicitor Record , but f died soon after the filing o the bill .

be f l o f It would di ficu t , indeed , to tell the story this d cause , consi ering that the bill , the statement of the

for - d case the Propri e tors , fills eighty double columne printed pages , each about eighteen inches long , and the

and of exhibits appendices nearly ninety more , much

an d th em in finer print containing many more words . T his bill is the foundation of the history of East New

1 Jersey , from the beginning up to , its filing , April 3 ,

o of 1 74 5 . Its bj ect was to establish the title the Propri e tors against any other title up to that time alleged

o a against it , to enf rce it gainst recusant parties , to dissolve “and enjoin an alleged conspiracy among the defendants hostile to it , and to enj oin all waste and the f f prosecution o certain ej ectments a fecting it . The j urisdiction of t h e Court of Chancery on this bill

e . has , I believe , been long somewhat qu stioned But its obj ect was someh o w finally attained . T he title denied to the Proprietors and asserted in this bill founded on

of th e u the grants Charles Second to the D ke of York , of the D uke of York to Berkeley and Carteret , and

- thence to the twenty four Proprietors and their assigns ,

for has not seriously , over one hundred years , been

disputed in New Jersey .

It has , indeed , been held that adverse possession may

be set up even against the Proprietors , and under this

doctrine , in some cases , the proprietary title has failed . But the title itself has never during that period been

impugned .

The learning , labor , ingenuity , fertility of resources ,

to competency deal with detail , and general legal ability 2 8

o an d on displayed in riginating carrying this suit , entitle N to . O M r . Alexander very high rank as a lawyer one

to can doubt it who takes the trouble study this bill , especially if he will also read the minutes of the Board

of d uring the ten or fifteen years the gestation , birth f and maintenance o this suit . T he establishment of the northern boundary b etween N e wYork and New J ersey was another subj ect which engrossed the industrious and painstaking mind of M r . w o . Alexander , but ith ut being finished during his life d The fatal illness of Mr . Alexan er arose from j ourney ing to Albany when already ill , to oppose a ministerial scheme oppressive to the people . H e was not only

a distinguished as a statesman and a lawyer , but lso as a man of science . H e is reputed the principal author of the memorable report on the I ndian policy of Governor

Burnet , and with D r . Franklin , Francis H opkinson and

o o thers founded the American Philosophical S ciety .

o H e was a c nstant correspondent with Halley , the f a o o . o str nomer , and other learned men science Ab ut

1 2 6 w 7 he married a wealthy idow , a M rs . Provoost .

\Villiam r H e left one son , , Lord Sterling , a Maj o

one General in the Revolution , ancestor through of his f tw o o . daughters the eminent John Duer , William A

d on e D uer and their descen ants ; and four daughters , of

w as whom married Peter Van Brugh Livingston , and

of of K e an s ancestress the family ; Elizabeth , who

o of married J hn Stevens , ancestress thus all the

of w ho scions that noted Jersey family ; Catharine , first

o n married Elisha Parker , and his death , without issue ,

o Walter Rutherfurd , m ther thus of that equally dis

i h — h o tin u s e d w o . g race and Susanna , married J hn Reid S o me correspond ence appended to the life of \Villiam 2 9

Livingston shows that j ust before he died , Alexander ,

C ad awallad e r . Colden , M r Livingston and Benj amin Franklin were busy planning a scheme for uniting all the colonies under one government , subordinate to the

n n o w Crown , a scheme not u like that existing in the

of . Dominion Canada H ad it succeeded , what might have been the present condition of this hemisphere ? The length to which I have insensibly carried this notice of James A lexander precludes my bestowing equal attention on his very able associates in Proprietor ship . And yet I cannot wholly omit them . Of some

I must not speak , since I have derived from them my own lineage . But no one Ought to pass the names of those whom I shall mention . There was Lewis

Morris , Governor to succeed John H amilton , himself a

1 8 familiar face at the Board , appointed in 7 3 ; he was

1 President of the Council over ten years , ending in 73 5 , Z the year of the enger trial . H e was in p ublic life from

1 0 of - of 7 4 , when , at the age thirty three , he was one ’ n Lord C ornbu ry s Council . T hat nobleman was ot popular . His rather handsome face and bland manners

t wo attracted at first , but his demand for thousand pounds salary for twenty years shocked the then not over rich people of New York and New Jersey . Then ” thee must be very needy , said Q uaker Samuel J ennings , when this demand was made . Lewis Morris had spent some time in England and had been a warm advocate for the surrender of government by the Proprietors to f 1 02 . o the Crown , which occurred in 7 The Lords

old Trade named him , then scarce thirty years , for Gov e rn or of New Jersey , but determined on uniting the two

Provinces , Ne w J ersey and New York , under Cornbury . LEW I S M O RRI S was a dashing and eccentric young 3 0

H i . s man father , Richard Morris , active under Crom

o R e stora well , f und a refuge in New York at the

o 1 66 1 f r tion . H e btained a grant in o three thousand

o n acres the Harlem river , where he built , calling it

hi n a . M orris sania . s s o H e died , leaving a b be Colonel

o f d o Lewis Morris , Barba oes , came to New Y rk and

o became guardian of his nephew . H e bought f ur thou sand acres in Monmouth , located iron mills , and created

a great estate . T his he gave his nephew , the future

G o w h W o . vernor , , ith what he inherited , was rich H e

had been a wild , mischievous , prankish boy had even w run a ay fro m school to Jamaica . But at twenty he

o returned , fell in l ve with a beautiful girl , and married

no d her . Next , one knowing where , he stu ied law , and

d o and he appeare as a J udge in New J erse y , pr bably of

one of Common Pleas . Governor Hamilton made him

of his council . H e was a man keen insight into char

o d acter , riginal , a strong , irect thinker , a blunt , senten

n o d o b ti o us speaker . H e did t like Lor C rn ury f o . Opposed him alm st disrespectfully , and thus lost o fice But in 1 7 1 5 Governor Hunter made him Chief-Justice d o f New York . This post he retained un er Governor

of B urnet , another those who sat at the Proprietary

o who d id n ot B ard , but Cosby , succeeded B urnet . and he

w a D L an e a . s e c gree H e , therefore , removed , and y , the Z i ’ o h s . J udge who tried enger , to k place Cosby s general

of administration was so obnoxious that , at the request

a m a m ny , Morris went to England to re onstrate gainst his

. w as a retention But while he there , nnoyed with delays

o of f o d a and the ins lence o fice , C sby ied , and he was p

o f w as 1 8 . p inted Governor o New Jersey . This in 73 H e

d f fi 1 6 w o . as ied in ce , 74 His a stormy life , indeed , the storms apparently much occasioned by his own self 3 1

asserting disposition . But society in New York and East f New Jersey was at that time in a state o ferment . A traveller passing through New York d uring this

of period gives an O dd account how he was treated .

H e dined with some of the courtiers . Fine time s for f ” o one . a Dutch mob to j udge progressiveness , said “ These D u tchmen will fancy by and by that they are in Holland and treat us like a parcel of Burgomasters ,

' n H e said another ; and so the talk went o . tried going “ among no party men , but found these were courtiers

of too . H e went to a club both party men , and thought

ot they would have eaten each other up . H e g among them and found they thought the courtiers the common

enemies of mankind . H e sought the Prudents and

o f und them bores . H e took refuge with the ladies

‘ only to find them the most zealous of politician s . They w “ ere courtiers and no party women , both party women

and Prudents , all as warm as scalloped oysters in dis

c u s sion u , tho gh he admits they were exceptionally good

of o natured . Robert H unter Morris , son C lonel Lewis

Morris , his companion in his last visit to England ,

- 1 6 Chief J ustice of New Jersey till his death in 7 4 , is

of another those whose strong , bold signature enriched

the volume of proprietary minutes . A strange death

- — h e for a Chief J ustice , fell dead in a dance , not a Ger

man either , but apparently a Virginia reel .

U T O f WI L L IAM B RN E , son Bishop B urnet , like Alex

o f ander and several others , was a Scotchman , a man “ noble character and presence . A man , said Alex “ of ander him , who , bating warmth , was always withou t

an d an d a fault , that by degrees he became nearer

of nearer master , and in time , had he lived , would ” probably have been entirely so . H is coming to Ne w 1 2 0 t. York in 7 was an event of great interes Flags ,

o d in cannon , parades , balconies l a ed with fair forms , “ au u rate d f . g him into o fice H e was , says the indus “ trions and most satisfactory historian , Mrs . Lamb , a

of free and easy widower , large , graceful , stately

on presence , dig nified occasions , but usually gay , talka tive and condescending . H e was rep uted handsome , and greatly admired by the ladies , to whom he was “ : especially devoted . A gentleman wrote We do not know yet h o w the fathers and husband s are going to like Governor Burnet , but we are quite sure the wives and daughters do s o sufficiently . Carefully educated by his learned father , accustomed to highly cultivated society , a travelled man , when to travel was

of rare , full humor and anecdote , genial and even

N or familiar , he was rapidly and continuously popular. was this only with Europeans ; he w on the hearts of the Indians , and took great interest in endeavoring to civilize and improve them.

of I . O n the death George , Governor B urnet was translated to Massachusetts and New H ampshire . B ut he died soon after going thither . Governor B urnet

his had country seat in Perth Amboy , the same which had belonged to his predecessor and friend , Governor

H unter . It was situated on a knoll j ust south of St .

’ on e of l of Peter s Church , the oveliest points , certainly , that most l ovely locality . I t w ere hard to leave this list of worthies without dwelling upon the J ohnstons .

S T o n f f . e o o Dr J O H N J O H N O N , the most valued citizens

o of the Pr vince , a man learning and skill , whose death it was published— was to the inexpressible loss of the

his poor, who were always most particular care , was

3 4

o f w as . the British , and then occupied by them Several o f the principal citizens and Proprietors took farms and lived in H unterdon . Such was the case with John

Stevens and James Parker , residents of Amboy , and

I V h n . e with John Rutherfurd , and I believe with others

l o f the war ended the g y of Amboy was gone . Its

had of greatness departed , and the Council Proprietors no longer assembled so many distinguished persons .

Yet some remained . There was William Alexander ,

of a Lord Sterling , whom we have spoken , who was p

- 1 w a pointed Surveyor Ge nc ral in 1 76 . There s J ohn f d 1 1 . Rutherfur , selected for the same o fice in 77 And

1 8 0 Andrew Bell came back , and in 4 was made Sur v e o r- o f - e i ht e ars y General , holding the fice thirty g y , and till his d eath in 1 84 2 . James Parker came from H un t e rd on 1 6 , and his son succeeded him at his death in 79 ,

o f f and filled the fice o Register for many years . There

o f o d w ere others n te , among them a shrew , canny

of inhabitant Sussex , Joseph Sharp , and a natty , com fortabl e gentleman from Monmouth , Robert Mont w ff gomery , upon the hi of whose pipe I have often lo oked when a diminutive small boy . The most distin gu is h e d o f these Propriet o rs since the Revoluti o n were w J ohn Rutherfurd and Andre Bell . I n speaking of

o o u th em I rely up n mem ry as well as p blications . I

l . of remember them both we l John Rutherfurd , son

W of o of P 1m ; alter and Catharine , wid w Elisha arker ,

was Alexander , a tall , gaunt person , very distinguished

his o in appearance , rather pale in c untenance , sedate

o of and grave in expressi n , yet full intelligence and fire .

was At this time he of very advanced years . H e was

1 60 1 born in 7 , graduated from Princeton College in 77 5 ,

d of marrie H elen , daughter of Lewis Morris , a signer 3 5

n the Declaration of Independe ce , a grandson of the

Governor Lewis Morris already mentioned , was Senator of 1 1 1 the United States from 79 to 79 3 , and filled other

1 important p u plic positions . H e died in 84 0 . H e lived in a large mansion on the banks of the Passaic tw o

of miles north Belleville , where he had a large estate . I s u ppos e he was the largest landowner ever in New

J ersey . Who that ever kne w him can fail to remember A h d rew Bell Uncle Bell as he was called by so many that had no right to the appellation of his nephews or

“ nieces , that finally it came to pass that pretty much l every body adopted the endearing phrase . A fine o d English gentleman he was on e of the olden time t hough one must admit that , vexed as he was throughout

an d a his life with painful gout , never, so far s known ,

of having had the hardihood to own or use hunters, all t h e grand old song can scarcely be used in application

Y e t to him . much of it can , nevertheless

u u H e kept his fine old mansion at a bo ntif l old rate ,

W O ld ith a good old porter to relieve the poor at his gate .

b of H e was an em odiment kindness , hospitality and

old good will ; a scholar , a charitable , excellent man , u nderstanding fully the duty of minding his own busi

’ ness and letting o ther people s alone . H e lived with his c harming old w ife an d a maiden sister until their united

' age s e x c e e d e d 2 5 0 years — c o nvincing proofs of the u n healthiness of Perth Amb oy . His early life was on e of e xcitement , in strong contrast to his later days . H e s f C ortl andt tudied law in the o fice of Skinner , Attorney d General of the Province , a Whig and a lea er of Whigs , t of ill the question armed rebellion took place , w hen he 3 6 to ok sides with the Government to which he had sw orn allegiance , and raised and commanded a brigade through

o . the Rev lutionary struggle With young Bell , in the f same o fice , studied Joseph Bloomfield , afterwards

Governor of N e w J e rs e y . The lads parted ; Bell j oined the British ; was for awhile Private Secretary of Sir

o a . Henry Clint n , then Commissary in the rmy H e w as at the battle of Monmouth and there encountered

a t w o o n e in rms on the other side Paterson brothers ; , I

I Villiam believe , the distinguished Paterson , his brother

- f n i h . o e law But it was di ficult to believe , when knew

1 8 0 him , that such as he had ever been in battle . I n 4

- d he became Surveyor General of East Jersey , and die

f 1 2 - hi 8 of s . in o fice , 4 , in the eighty sixth vear age A

- c om stout , middle sized man , with an exceedingly florid

of plexion and the whitest hair , wearing always his

o - g ld headed cane , and zealously attending the ancient

’

. of w as Episcopal Church Of St Peter s , which he for

- I V ard e n its c ontribu thirty three years a , gathering up

. on e saw tions every Sunday No , I think , who ever him can forget the face and form of Andrew Bell . \Vith him I conclude my e fforts to put befo re y o u the d o o w Lor Pr priet rs , as they ere called first , in an

o o of l o r ad pti n feudal language ; ater , with more less

f A n m derisi o n o the past . d yet I a tempted to give the

o f - roll Surveyors General since Mr . Bell : beginning

R e nnse lae r o with his nephew , Stephen Van Paters n ,

o o f d I V illiam an d c o m twin br ther J u ge Paterson , b I V . re prising the very capa le Francis Brinley , n o w n e d as o n e o f the best surveyors the State ever

o f o 1 8 to 1 8 his s on pr d uced ; in o fice fr m 4 5 5 9 ; , Edward

e o t o o Brinl y , J hn Ru herfurd , the sec nd , Munr Ho well , and the present distinguished occupant of the post , Prof . 3 7

G eorge H . Cook . My audience will recognize these names as worthy of high honor —all but the last are gone .

My task is incomplete , tedious as I fear it has been , w ith o ut an effort to present to mental vision the manner of life of the people , representatives of whom I have tried to acquaint you with . The title of the Governor in those days was some

ih t hing alarming . The bill Chancery already mentioned

c . was addressed to H is Excellen y , Lewis Morris , Esq , C aptain -General and Governor-in-Chief of the Province of New J ersey and territories thereon depending in ” - America , and Vice Admiral in the same . I n 1 68 2 a liberal computation made the inhabitants of a ll East Jersey three thousand five hundred . A still more liberal estimate makes the number in 1 69 3 ten thousand . I n 1 700 Governor H amilton thought the males over s ixteen i n both East and West J ersey not more than two thousand — j ustifying the estimate of population as scarcely more than seven years previous . A census taken in 1 72 5 gave the population of both Provinces as

Monmouth being the most populous county ,

Essex the second , Burlington the third , Middlesex the fourth . Another census taken in 1 73 7 gives the population of

fift - East Jersey as y three years after , in 1 0 79 , it was There could not have been in

1 6 1 77 more than people in all East J ersey . In 74 5 a bout half that number . Such a computation gives us no very grand idea of 3 8 the imp ortance of the lives of the really and evidently eminent men whose names and characters have been brought before y o u . And yet luxury and display most unreas o nable w as “ f of o . early the order the day The style dress , says

Mrs . Lamb , was very showy and conspicuous . Gay

o o w pendants w ere w rn in the ears , c stly crosses ere suspended about the neck , and diamonds and rich brocades were esteemed essential to respectability among the wealthier families ; tight lacing and wide

n ot skirts prevailed , though as extensively as a few years later . The hair was frizzled and curled , and ar ranged i n a great variety of fantastic ways . T he gent lemen outdid the ladies ; they concealed their hair

o u altogether by en rmous wigs , which were s pposed to greatly beautify the countenance ; An advertisement in

Gaz e zte of 1 the New York , 7 3 3 , throws a glimmer of light upon the prevailing fashion Morrison , Peruke

’ ’ maker from London , dresses gentleman s and ladies f hair in the politest taste . H e has a choice parcel o

”

h . a human , orse and goat hair to dispose of And nother

fox- Tyes , bobs , maj ors , Spencers , tails and twists ,

f r together with curls or tales o the ladies . Bright colors everywhere prevailed . The most gorgeous com

’ binations appeared in the fabrics for a lady s wardrobe , and gentlemen wore coats and other garments that came in all the hues of the rainbow . Large silver but

o of tons adorned coats and vests , ften with the initial

’ the w earer s name engraved upon each button . O cca s ionally an entire suit would be decorated with c onch shell buttons , silver mounted . Even coaches were painted and gilded in an extraordinary manner . A

of a o f s writer the day , seeing the equip ge Lewis Morri 3 9

rolling down Boadway towards the fort , speaks of its

of th e silver mountings glittering in the sunshine , and family arms emblazoned up o n it in many places . The crest was a spacious st o ne castle with little turrets and “ ” v in e itu r battlements , the motto being tandem , which w as supposed to declare the virtue , perseverance , mag nanimity and success of the Morris family against oppression of whatever character . Even servants aped

: their masters in style . We quote an advertisement “ Ran away— a negro servant clothed with damask breeches , black broadcloth vest , a broadcloth coat of copper color lined and trimmed with black , and black stockings . Ran away , a negro barber ; wore a light k wig , a gray kersey jac et lined with blue , a light pair of -u drugget breeches with glass buttons , black roll p toe d s h oe s stockings , square j , a white vest with yellow

. 1 1 1 buttons and linings These in 7 3 and 734 .

Architecture had scarcely , perhaps , attained in this country all that the era of Queen Anne exhibited in e London . That is r served , it seems , for our own days . But wherever the money came from (the most lucrative business was the slave trade) fashion and folly made most extravagant use of it as we ll in the h umbler Province o f New Jersey as in the ambitious city of Ne w

o York . Th se who would have a minute conception of w the men and omen of that day , need subtract little

' of from those England at the same period . The pol ish e d periods of Macaulay , T hackeray , and the late

of M c C arth history The Four Georges , by J ustin y , will enable all to see as in a mirror the Lords Proprie

of 1 68 to 1 6 f tors 4 7 4 , their amilies and their mode of life . 4 0

I was lately on the water stretching between Paulus

H ook and New Amsterdam , when a marvellous sight invited my admiring gaze . Up the stream , and passing

of ot in front me came a ship , a mamm h of the deep , her deck containing in square feet half an acre her hull e n

o o of cl sing some five thousand t ns measurement , silent , maj estic , swift , cleaving the p ure water which seemed W to cling delighted to her sides ; ithout a sail , moving against the wind , standing up like a huge house , her gunwale twenty feet above the waves , while her keel sank in them an equal depth the flag of England at her peak , and a banner with stripes and stars from her naked m topmast ; her deck , from stem to ste , covered with

- men and women gazing curiously , half astonished , half delighted , on the scene around , while all about and

of around her moved crowds craft , each peculiar and individual ; some small snorting vessels , shooting hither and thither , now with great barges towed behind , now

with huge ships , their bows turned seaward , some

t orto is e r s ha e d on p with windows innumerable each side ,

o speeding acr ss the current , some almost as large as the great monster j ust arrived ; hastening every way , while

lazy ships lay anchored , ugly guns grinning through

- their port holes , or with shrouds and rigging filled with

fl uttering garments hung to dry , and little boats with

oar flitte d — in sail or here and there a word , with all the

of of variety , bustle and life the harbor that city , already

o great , alm st beyond compare , in no great time to be

of the acknowledged commercial capital the universe . ? T he mammoth whence From Great Britain , a week

since , obedient to the panting engine and propelled by

t h e . silent screw And still more wonderful , her depar

ture , learned through lightning under the sea , while the

4 2

o of which set sail months bef re and nearly half whom ,

ou t o f 2 00 o o seventy , fr m pestilence , starvation , st rms

to and cruelty , had succumbed misery and found a watery

. t w o grave Of the hundred , one hundred and thirty

were taken from prisons , where they were held for dis

ac obedience to laws interdicting religious liberty , and

c e te d o r p banishment with more less willingness , to

escape greater misery at home . With what sad eyes did the y gaze up o n a land only welcome as an exchange for a

o prison , and where to pay the c st of their j ourney they were to be slaves for a term of years l With these were others w h o sought the wilderness with hope and to ac

o quire freed m ; but such were few among the many . This was the ship ’s company— the freight of the H enry

o and Francis , the first emigrati n induced by the Lords

Proprietors , the earliest settlers direct from the parent

o of . c untry , the Province of East New J ersey And

now while the then hamlet , whose attractions were the

of of P itloc hie s till far theme Scot , , is behind in the race

s e a of cities , her beautiful shore looking out to , over her

m a ific e nt g bay , still unappreciated by the capital and

of taste the century , her many natural advantages passed

o strangely by , while other less fav red spots are greedily appropriated ; yet around and about her is a p o pulation

of o r millions , happier , at least , having the right to be

of happier , than all the world beside ; the descendants

a 1 68 d the miser ble wanderers of 5 , scattere everywhere ,

o c ontribu most of them utterly ign rant of their origin ,

to of o ting the strength and felicity this broad land , wh se freedom excels all other freedom because it is th e

’ freedom of God s truth . 4 3

w e Vainly do we guess , as look back these two hun e dr d years , what a change a like period hereafter may

P r fi l e . . o t ss produce indeed is the thought Yet , medi

on o of w tating the pr gress the past , hat may not be

? N ot expected , indeed , that the event we celebrate this

- d ay will ever again have its centennial . The work of “ the Council of Proprietors is all but done . They must hereafter be n o t title -makers so much as title

y keepers , or better yet , as once they gave up to so er e i nt g y the reins of government , they will do best to sell and Government W l ll be wise to acquire from them their remaining claims of right and the custody of their records . This done , the mission of the Council of Proprietors of East New Jersey will be accomplished . i c o n s

PA R T ‘S R F OOK’S E"P LA N ATORY STA TEM ENTS P O . C

N M A P S A D .

Ne w Jersey is a part of that country granted by

. b King Charles I I to his rother James , Duke of York ,

on 1 2 of 1 66 . c ov the th March , 4 It was described as “ ering all the land from the west side of Connecticut

' th e e as t river to side of Delaware bay . O n the

2 0th of 1 66 o J une , 4 , the Duke of York sold to John L rd “ of Berkeley and Sir George Carteret , all that tract land adj acent to New England , and lying and being to

M anhitas the westward of Long Island and Island , and bounded on the east part by the main sea and part by ’ w H udson s river , and hath upon the est Delaware bay or as river , and extendeth south ward to the main ocean far of as Cape May , at the mouth Delaware bay ; and to the northward as far as the northermost branch of 0 ’ “ of 1 0 of the said bay or river Delaware , which is 4 4

c ros s e th latitude , and over thence in a straight line to ’ 0 H udson s river in 4 1 of latitude ; which said tract of land is hereafter to be called by the name or names of

C e ae s e re a . New or New Jersey , (Leaming and Spicer ) The grant to the Duke of York was made when the

of an d country was in the possession the D utch , in a

o s time of peace . The English fl eet sent o u t to take p session of the grant accomplished its obj ect on the 2 6th of 1 66 was April , 4 , and the ownership of the country 4 6

quietly transferred from the D utch to the English . As all the business relating to this description of the country and its transfers was transacted in England , and before the English had any accurate knowledge of its geography from their own occupation , it is probable d that they were gui ed by the D utch maps , for which that people had been acquiring material ever since the

- fift . arrival of H enry H udson , y six years before this time A copy i s here inserted of the map published by ii D on c k 1 6 6 Adrien Van der in 5 , and intended to aecom pany his descripti o n of the New Netherlands . The

* Adrien V an der Donk was a H ollander of ed u cation and a lawyer by

c ou t c 1 6 2 profession . H e ame to Ameri a in 4 , and was settled in Alban y as

R e ns s e l ae rw ck r u Hu d Sheriff of y . H e afterwa ds p rchased lands along the

u -d u v l - son between Sp yten y e and Saw mill creek . H is neighbors called

u h im Jonker , which is the D tch for gentleman , and the present Yonkers ,

u which is on the gro nd formerly owned by him , was probably named

u C from this title of his . H e was the only lawyer in the D tch olony ,

u u u and the a thorities ref sed to allow him to appear in co rt , as there was

T h e no one to oppose him . second edition of his Description of the

c c u A m New Netherlands , with this map a ompanying it , was p blished at

r a m 6 6 s te d in 1 5 .

T he re are in existen c e several old D u tch maps of the cou ntry now

r r T cove ed by New Je sey and the adjoining parts of New York . hey

u u 1 6 0 1 68 0 were p blished by different a thors at dates varying from 5 to , b u t are , evidently , all copies of one orignal , or possibly printed from the

’ V an Do n k s u . c sam e plate I have taken the map first from der , beca se

’ bu t V is e h e r s he was long a resident here , have compared it with map

1 6 of 5 9 , and have drawn the meridians and parallels from the latter , as it is said to have been the one u sed b v the C ommissione rs in settling the partition line in 1 769 Both maps are in the library of the New York

’ an Do n c V c k s V ol . H i s torical So iety , and der is reprinted in I of the New

c C c V o l . . T h e York H istori al Society olle tions , I , New Series copy of the

c map inserted here is of the exact s ale of the original , and I have drawn

r 1 66 u in ti a rti te on it the northe n line of the province in 4 , and the q p line

1 6 6 C . of 7 . G . H . 4 7 map is without the ordinary lines for latitude and l o ngi tude , but in his description he says that it extended ° ’ ° 8 2 from latitude 3 5 3 to latitude 4 along the coast . The author says that the D utch have traveled inland

“ ‘ 2 1 0 to 2 0 mil e s an d a 4 , have tr de with Indians who came more than ten or twenty days j ourney from the

. no w interior H is map shows New York and Esopus ,

F Ort E l sinboro Kingston , and on the Delaware , at the f mouth of Salem creek , and Fort Nassau at the mouth o

Timber creek . The Delaware river has the Schuylkill on M u s c onn e t its right bank , and on its left bank is the cong and Lake Hopatcong , and strangely enough this lake is connected with the Wallkill , which runs north east and j oins the Rondout creek and the H udson at

Kingston . Still farther up the Delaware we see the Navesink extending towards the northeast an d j oining fl ow . Rondout creek , to into the H udson The latter is

D law ar an now the line of the e e d H udson Canal . In both these the heads of the streams are really separated only b y short carrying places . The upper Delaware f itself is shown only as an insignificant part o this stream .

m 1 6 1 an d There was a D utch settle ent at Kingston in 4 , settlers entered the valley of Rondout creek and passed

o to fr m that over the Delaware , and a good road was opened into the valley of that river in Sussex and War ren counties before the English took New York .

ma of If we assume that this was the best p the times ,

of and used for locating the grant New Jersey , the straight line from the most northerly branch of the Delaware may be drawn from the mouth of the Nave ° ’ 1 0 of to sink (which is 4 4 the map) , the H udson j ust ° o of t D u v e l 1 of s uth Spuy en y creek (which is 4 north , the map) , and this line , with the H udson , the Atlantic 4 8

and Delaware bay and river , were the boundaries of

New J ersey as then understood . The Province was held as the joint property of Lord Berkeley and Sir George Carteret till after the war 6 6 W 1 . 1 8 1 ith the D utch in 73 I n March , 74 , John Fenwick obtained for himself and Edward B y llinge the right of Lord Berkeley in the Province of New Jersey .

(N . J . Archives , Vol . I , p . The fi rst rec o rded notice o f a divisio n of the Province

2 8 2 1 6 re is in July and 9 , 74 , when the Duke of York

to and newed the title Sir George Carteret , gave him “ individually all the Province north of a line draw n from a certain creek called Barnegat to a certain creek in Delaware river next adj oining to and below a cer

” R e nk k kill tain creek in Delaware river called o u s .

rn (Lea ing and Spicer , p . This division , however , d oes n ot appear to have been generally recognized .

1 6 o w h o B llin e I n 75 J hn Fenwick , , with Edward y g ,

to of d had succeeded the rights Lor Berkeley , settled

o in Salem , but no evidence bey nd this appears for a

i' division of the P rov inc e fi

* I n th e Jou rnal of a voyage to New York and other Ameri c an C olo

1 6 —8 0 Da nk e rs u I t nies in 79 , by Jasper and Peter Sl yter , H ollanders ,

c is said that the east side of the river ( Delaware) , whi h is now entirely

u r c i n the possession of the Q ake s , has never been laimed by anyone ,

u r r altho gh he e and the e lived a Swede , as also among the Swedes here

r B u t u 1 66 and the e dwelt a H ollander . when the whole co ntr y , in 4 ,

c u r u k u came to the rown of England nde the D ke of Yor , the D ke or the

K r r N r ing gave the land lying between the two ive s , namely the o th

th e u r r r r C r river and So th ive , the easte ly pa t to my Lord arte et , and the

r r b u t u u r westerly part to my Lo d Be keley , witho t a bo nda y line between

T B lli n e them . his remained so a long time , when M r . y g , a brewer of

r — as w London failed there , Be keley , who was a great friend of his ell as

u — u many other co rtiers and fre q ented his brewery daily , came to his

5 0 it s o o n became necessary to survey an d mark the parti

w a ti o n line . This s und ertaken by the Surveyor

G of o 1 6 8 . eneral East J ersey , Ge rge Keith , in 7 H e began at Little Egg H arbor and surveyed a straight

of line for sixty miles , and untill it met the south branch

‘i the Raritan near Three B ridge s fi T his line was u n

o o of w as satisfact ry to the Propriet rs West Jersey , and

n o t d . surveye any further It is still well known , and is marked as the d ivision line between O cean and Bur

’ in f l gton counties . But it evidently runs to the west o

d o any p roposed ivision line , though the c urse run by Keith i s c o rrect fo r d ividing New J ersey as given in Van

’ d e r D onc k s map into tw o equal parts ; but the map was n ot o f c rrect , and hence came di ficulties in making the 6 o . 1 8 8 of divisi n In , Robert Barclay , Governor East

G of I V e s t J ersey . and Daniel Coxe , overnor J ersey , both living in England , proposed to have the partition line of Keith , as far as surveyed , adopted , and then to continue the line across the south branch of the Raritan in a northeasterly direction to the north branch of the

o Raritan ; then up this branch to its n rth end , and thence in a straight line eastward to the nearest point of

P a ssaic river , and thence down that river to its j unction

P e u anae with q river , and up the latter as long as it runs

o d northerly or northwesterly , to the b un s between the

* T his line was ru n North by West 8 : 3 degrees 5 m in u tes more

° ' Weste rly (N 1 4 2 0 W) ac c o rding to the needle or Magnetic position ; and by nat u ral position North N orth West and 5 0 min u tes more westerly

° ' ( N 2 3 2 0 W) according to the Ag reement betwixt the Governor "and the] proprietors of both Provin c es ; the variation of the needle in this

”

we rl O . c s te v . I u pla e of the world being nine degrees (Liber , p . , S rv .

’

Ge nl s . ) Office , Perth Amboy 5 1

° 1 of Provinces , or until it reaches 4 latitude , and then

’ t o . . . run due east to H udson s river (N J Archives ,

V ol . . I I , p This proposal was not accepted by the

o of Pr prietors East Jersey , but it has given rise to serious d ifferences in locating survey s in the two divi d sions . T his proposed division line is in icated o n the f o d . map at the end this paper , by a dotte line After many other attempts to settle upon a s atisfac

n o f W tory partition li e , a commissi n rom East and est

1 1 au J ersey and New York was appointed in 7 9 , with ° ’ th ority to ascertain the latitude of 4 1 4 0 on the Dela

f . . 1 1 o . 2 ware river . (Laws N J , 7 9 , Nevill , Chap 7 , p . This point was found and marked and accepted by the New York Commissioners as the westerly end of

and the New York New Jersey boundary , and by the West J ersey Commissioners as the northern e nd of their

D 2 . 2 8 0 . , , partition line (Book Deeds p ‘ gives report , ’ f S e e . G 2 . and Deeds , gives map ; State s O fice , Trenton ) It did n o t meet the final confirmation of the New York

authorities , but it still remains as the established northern point of the partition line between East and

West Jersey . The monuments can still be found at

Cochecton , on the Erie Railway , about thirty miles

. o above Port Jervis The line , h wever , was not finally

of acceptable to the Proprietors West J ersey , and they

did n ot j oin in having it surveyed .

of The Proprietors East J ersey , however , finally em

u ployed John Lawrence , a s rveyor in Upper Freehold , to Monmouth county , survey and mark the line , which f work was done in the Fall o 1 74 3 . 5 2

T HE bou ndary line of Ne w York and New J ersey was * of long a subj ect of contention . A number patents were granted by the State of Ne w York for lands in

New Jersey , and the Proprietors of East Jersey made grants of land which New York claimed to be w ithin her bounds . The East Jersey Proprietors claimed the ° straight line j oining the point of 4 1 north latitude on ° ’ 1 0 on the H udson to 4 4 the Delaware , to be the j ust partition line . The Province of New York first claimed that the proper division would be made by a straight line from the head of Connecticut river to Reedy f o . Island , at the head Delaware bay This preposterous f I I ’ claim was drawn from the wording o Charles . s

o first grant . It was , however , s on abandoned . It then

k on claimed that a point opposite Yon ers , the H udson ,

of should be the east end the division line , and that it should run from there to the forks of the Delaware where the Lehigh joins that stream at Easton . After wards the line from opposite Yonkers to Minisink

Island , in the Delaware , was proposed .

The question was finally submitted , by both Prov inc e s 1 6 of th e C o m , in 7 3 , to the decision crown , and missioners for the purpose were appointed in O ctober , 6 1 . 7 7 They were Charles Stuart , John Temple , and Peter

- for of Randolph , Surveyors General the District Q uebec and of the N o rthern and Southern Districts of America

o - respectively ; Andrew Elli t , Receiver General of the quit - rents in the Province of New York ; Chambers

of of Russell , J udge the Court Vice Admiralty for the

A movement was made for the defining and marking of this line in

F 2 6 . 1 68 5 or 1 68 See deposition of Governor Lewis M orris , Book , i ’

. T h e T e . Deeds , p . 4 3 s, Sec . State s Office , r nton , N J line as indi c ate d by Governor M orris , is marked on the map here inserted . 5 3

P of - rovince Massachusetts ; William Allen , Chief Justice o f Pennsylvania Samuel Holland and William De

- of B rahm , Surveyors General lands in the Northern of and Southern Districts America ; Andrew Oliver, Secretary of the Province of Massachusetts ; Charles

of on e t h e of M orris , Surveyor lands and of Council

- Nova Scotia ; Peyton Randolph , Attorney General and

of of of one the Council Virginia ; Benjamin Franklin ,

of the Province of Pennsylvania ; and Jared Ingersoll , f t h e Colony o Connecticut . John Jay was their Secre tary . The Commissioners met in the rooms of the

" of on 1 8 of Chamber Commerce , New York , the th J une ,

1 6 l 7 9 , and continued their sessions unti O ctober 7 , when their decision was rendered . “ Their decision was that the boundary or partition line between the said colonies of New York New Jersey be a direct 81 straight line from the fork at the mouth of the rive r M ah ac kamack in the latitude of

on e - forty degrees , twenty one minutes and thirty seven

’ to seconds H udson s river at the "marked] rock , in the latit ude of forty one degrees . This line did n o t satisfy either of the parties inter e s te d of , and there was much talk rej ecting it , by both . m B ut after a time ore conciliatory counsels prevailed , and it was accepted , and was confirmed by George I I I .

1 1 . in 773 , and surveyed and marked in 774 The changing of the western termination of the New ° ’ York and New Jersey boundary from 4 1 4 0 of latitude ° ’ to 4 0 2 1 which is a point considerably farther east

o on e than the f rmer , created among the West Jersey Proprietors a desire to have the partition line between t h e two parts of the State re -surveyed and run as a straight line from Little Egg Harbor to the mouth of 5 4

i k ’ the N e v e s n at Carpenter s Point . They contended for this line many years , but it was never surveyed and marked . And in a lawsuit in regard to lands in the i n

’ t e rv al w o bet een Lawrence s line and this prop sed line , which was decided by the Supreme C o urt of Ne w

’ 1 8 w J ersey in 5 5 , La rence s line , as marked by him , was declared to be the true divisi o n line b etween E ast I V e s t . 1 . 1 and Jersey ( Dutcher , pp

i s w o f Staten Island , which plainly ithin the bound s New J ersey as described in the grants from the Duke

an d was of York to Lord Berkeley Carteret , early claimed by New York . Governor Philip Carteret

for P o claimed it the New Jersey ropriet rs , and it was one of o o the causes which led G vern r Andros , of Ne w

to York , take Governor Carteret prisoner and convey

f r w a him to New York o trial . Governor Carteret s

ri i sustained in his government . The question of ju s d c

not 1 8 tion was settled finally till 3 3 , when , by m utual

tw o agreement between Commissioners from the States , Staten Island was included w ithin the boundaries and jurisdiction of New York . This agreement was never co nfirmed by any action of the Proprietors of East

J ersey . The C o mmissioners to settle the partiti o n line in 1 769 had a map of New Jersey and the adj oining parts of New York prepared for their use by Lieutenant Bernard w of . o no Ratzer , the British army This map cann t be

o f found , though the other papers the Commission are in the library of the New York Historical Society . A

of d certified copy the map , which was prepare at the

fo r of o d of time the use L r Sterling , one the East

o Jersey Proprietors , is als in the same library . Another certified c opy of the same map is in the library of Har

( A o u d

J O J U V cI V A 'I I S N

The I nflu ence of the P roprietors

I n F ou n in h d g t e State .

P e s d e nt e ntl e me n o t/ze B M r . r i G oa rd o P ro r ie tors , f f p ,

L ad ies a nd Ge ntl e me n :

N e w u We , the people of the State of Jersey , gratef l to Almighty God for the civil and religiou s liberty which H e hath so long permitted u s u ou r to enjoy , and looking to H im for a blessing pon endeavors to

u t u u sec re and ransmit the same nimpaired to s cceeding generations , do ordain and establish this C onstitu tion .

These words are the ordaining clause of the present

1 8 . constitution of New Jersey , which was adopted in 4 4 They are n ot the introduction to the terms of an agree ment ; they begin no compact . They are a creative fiat ; th ey call into being a law of laws for the common wealth they institute a government . B ut the people d o who thus or ain , who exercise this highest riginal fac u lt re y , a not themselves the product of a single creative

- m act . The self govern ent here in full activity , the only real counterpart of the people , was a growth , to whose perfecting many agencies contributed . The nature of an act done by an absolute monarch

' and that of the ordaining act of a self-ruling communi t y , are nowhere more clearly contrasted than in the feelings of interest with which we regard the two . The former excites no curiosity as to the origin of its pro 5 8

in d u c g p ower . It has the same source as the commands

O f as o a wilful child , and is single in m tive ; whereas the s o vereign act o f a pe o ple lead s u s to inquire by what process the many ind ividual wills have been wro ught

o ne o into the will , which , with a mature c nsciousness ,

w o o of imposes la s up o n itself . The enduring c nstituti n

o w o o a free pe ple , al ays implies a hist rical gr wth in that people . The p olitical life of the people o f East New J ersey

o of . embraces five peri ds varying length The first , ex cluding the d iscovery and the taking possessi o n of the

of 1 66 territory , begins with the grants 4 , respectively fro m the King to the Duke of Y o rk and fro m him to

1 68 2 Berkeley and Carteret , and ends in , the date of the transfer of soil and rights of go vernment to the

- o o f twenty four Pr prietors a peri d o eighteen years .

o o w as 1 02 The sec nd peri d twenty years long , to 7 , the date of the surrender of p o wers of go vernment to the

o Cr wn . The third period was that of the royal go vern

1 1 6 o 1 6 ment from 703 to 77 . The fourth fr m 77 to the adoption of the C o nstituti o n of the United States in

- 1 8 8 . f i o s x . 7 The last , the national period ninety years \V hic h one of these w as the peri o d distinctively forma tive of the political character of the pe o ple of New J ersey ? The answer to this question d o es not lie u pon

of of the surface the events these divisions of the past , for strongly marked as are the lines which separate these

o o peri ds , there is but one gr wth , in which they are all necessary facto rs ; so c om plete is the unity o f conti nu o u s of o ne the o life , that the history involves c nsidera

o to tion o f all . O ur investigati n brings us face face with this fact , that all these separate stages are vitally

o o n e essential to the complete development , theref re in 5 9

h sense equally essential , yet we are c eered in our further search by the reflection that there must have been a time whose peculiar relations to its past and fu ture were more fully determinative of p olitical charac of ter than those any other period . Is there not in the life of every people a time , when the motives and thoughts and all the lines of social life of the past co me

on together , and then all lengthen into our present , so that if we trace them back they seem to have radiated from that point and further back all radiate toward that point , so that viewed as a whole , the infl uences and causes and effects of the remote and intervening past there intersect ? This is true of the great world history . The ancient nations are all merged in the Roman f Empire out o Rome all modern nations have emerged . T he period of Roman supremacy was the point of inter section where the lines of all human activity crossed . Something of the same sort is true of this State c omm u nit y , whose formative point is to be found in the time

v of the Proprietors ; the acti e principle in this case ,

- however , was not Force , the world conqueror , but the

quiet beginnings of home rule . “ ” The grants of 1 664 and the concessions fromthe k of Proprietors , Berkeley and Carteret , began the wor founding the separate community . The grants fixed the boundaries of the future State as a distinct part of the

of t o realm , owing allegiance and having a right appeal

the English Crown . Do we value the separate exist ence of ou r State ? Let us be grateful then fo r the

o timeliness of the grant . H ad it not c me at this time , in all probability it w o uld never have come The

o concessi ns besides granting as it were by grace , cer d m a o tain free oms and i munities , particul rly religi us 6 0

rights , establish a general representative assembly . The legislative powers granted to this assembly were ade

a of qu te to all the needs the community , comprising the power to appoint a time for the meeting of the m assembly and its adj ournment , to enact all laws eces sary for the government of the Province , provided they were agreeable to the English constitution and not against the interest of the Proprietors or the con cessions . The assembly had the further power to erect courts and determine their j urisdictions , the pow

of of er taxation , dividing the Province for local pur poses , war powers and the power of naturalization . B ut these powers were not to be exercised independent ly of the assent of th ose w ho represented the Proprietors

— y namel , the governor and a council appointed by

c on hi m . The governor and his council were thus stituted a c o ordinate branch of the legislature and they received by the co ncessions some important executive and legislative functions to be exercised independently and as though implying that they might exercise powers not expressly deleg ated , they were pro hibited from acting contrary to the laws o f the

Province , and a section taken from the Magna Charta and the Petition of Right forbade their imposing any tax without the consent of the General Assembly . The concessi o ns thus formed a fundamental law adequate

to the settlement and government of the Province . They gave a guarantee o f some of the m ost important rights and they left to the people a large control of

their l o cal concerns . They were very important in that they began in New Jersey the process of differ

- e ntiatin . g English self government Back of all , was — the King and the Parliament the English constitution ,

6 2 very early insist up o n a j o int session with the gover n o r an cl o w o c uncil , here their p wer from their superior numbers must o ver- r u le that of the govern o r and his ff c o uncil . By successfully resisting this e ort the re p re s e n tati v e s of the P ro priet o rs secured t o New J ersey in the earliest assemblies the m anifold advant ages of tw o

o h uses in legislation . The next d isplay of the popular spirit was in the refusal to pay the quit- rents stip u lated in the co nces sions . This Oppositi o n was in the strictest sense illegal ; so far as the concessions were building up the Province , — it w as disorganizing the s o - called dis o rganizing Assem

’ blies o f 1 67 1 and 1 67 2 going s o far as to seek a virtual overthro w of the pro perly c onstituted provincial au th o rity thro ugh the choice of J ames Carteret as presi

of dent the c o untry . But the value of this illegal resist ance in awakening and strengthening in the people the

o la w w as o o d power to perfect an rganic tw f l first , the

o f - o d imposition quit rents , even th ugh sanctione by the

o of d fundamental law , had s mething a feu al nature , and it called up that spirit which the feudal system of the

u niv e rs allv of middle ages awakened , the spirit resist a on nce , a personal resistance , a defiance the part of

to the individual . The tendency , then , was strengthen

d a in ividualism , individu l character on its good side as well as its bad we shall find if we follo w this influence

o to o f far en o ugh . The dev tion public liberty New

of has J ersey , like that Virginia , ever been infused with a marked zeal for pers o nal freedom . This spirit in the souther n State may be attributed in part to the isola tion in which the planter lived . I n Ne w Jersey the series of early events connected with the Elizabetht o wn grants , the harassing infl uence of the demands for the 63

- quit rents and like causes , contributed also to the forma f tion o the same characteristic . But as individualism

n ot g rew , the sense of the value of government was , in t h e d o end , impaire , and individual resp nsibility for it d was quickened . A secon result of the di ff erences between the government of the first Proprietors and the people i t as the develop ment of the town as an essential factor in the Province . Almost from the first these

of political units the State had , through the grant of

o large prudential powers from the govern r and council , a vigorous life . As distinct and integral political organi z ations the towns , whether together in the assembly or

instru in their separate town meetings , were made the ments of opposition to the representatives of the

Proprietors . The various immediate obj ects of opposition to the governor and council were not gained either by the

n ot individual man or by the towns , and this failure was

- rn without influence in teaching them real self gove ment . They learned that it was not the caprice of th e indi

o of - vidual , nor the shifting Opini n all within the circle

on e . r whose centre was the market place T ue , the towns had by grant from the Propriet o rs their special

n ot for privileges , but these could form a body of law

an d the Province , nor supersede its necessity . So men the towns find their way back to the concessi o ns . The deputies to the General Assemb ly are still in Opposition

1 68 1 to the governor and council in , but now they insist that the concessions are to be taken acco rding t o w the letter , without any interpretation hatsoever ; that the constituting of courts by governor and council , and the explanation of the concessi o ns made in 1 67 2 by o Berkeley and Carteret , are a breach of the concessi ns , 64 and the deputies declare the inhabitants of the Province * not obliged to conform themselves thereunto . The assembly for the first time in the history of the n Province was the dissolved by the governor , an act which the deputies unanimously protested was contrary to the concessions and an innovation of the government . The beginnings of the power and the spirit of complete

- self government were here manifest . They deliberately ch o se the concessions as the basis of their political life . I n 1 68 3 the deputies attempt to disown the conces sions , but now the governor and council are strict in “ ” their adherence to the foundation of Gov e rnm e n t . t

Thus the concessions , alternately favored and opposed , are rooted more firmly , j ust as that tree is more firmly rooted , upon which the wind blows from various quarters . A happier evidence of the beginnings of the higher f political life o Ne w Jersey as a distinct com munity , 6 of was a fforded in 1 8 0 . The Spirited opposition the at deputies to the governor of New York , when he tempted to usurp authority over the Province of New

J ersey , the manly resistance of Governor Carteret to the

same usurper , and particularly his letter in which he de

of nies a right of levying duties , in the interest the Duke

o f o of York , without the c nsent the New Jersey assem d bly , unite for the time being , all the forces , to ren er an

enduring service in the making of the State . T he service

w as of of the greater , because the simultaneous action West J ersey for the same noble end t This effort of the

I 6 . N . J . Archives , . , 3 5 5 , 3 5 , 3 5 9 C u 8 0 1 Record of Governor and o ncil , p . .

’ f 1 1 t S mith s H istory of New Jersey , p . 7 . 65

two Provinces , successful in vindicating their rights to freedom from taxation was a triumph for the agencies which would one d ay demand independence for the re united halves of New Jersey and for the united Colo

of for nies , while the infl uence the victory equal commerce lived in New Jersey until the ad o ption of

the Constitution of the United States . The acti o n of Carteret in defending the j urisdiction of N e w Jersey

of o against the encroachments Andr s , aroused a hostility

to the latter in England , which brought about his recall and helped to awaken the spirit which later in England

defended the cause of America .

o In the first period , then , this much had been d ne to

form a new people . Under the concessions , the Prov ince began to be settled ; individualism as a necessary part of self-government gains greater significance ; town government is begun an d influences the growth

of as a. the embryo State , while the Province whole begins to be something more than a mere name

of it is a part the English realm , but a distinct part and f not a dependency o New York . When the rights of soil and of government were trans

d - o 1 68 2 of ferre to the twenty four Pr prietors in , many the conditions which are of universal value in the

m . aking of a State , were present The tim e , the last

of e on e quarter the s venteenth century , was of general

’ h ad political formation . The Thirty Years War ru n its disastrous course ; William of Orange fought abs o

l u tis m on o of 1 68 8 the Continent , and the Revoluti n

d G o began a new era in Englan ; the reat Elect r , after

the battle of Fehrbellin , was laying the first foundations

of to Prussia . O nly France was given over absolutism , but by the revocation of the Edict of Nantes she gave 66 in the H uguenots some of the best of formative elements

o to S uth Carolina . Massachusetts and the New

England colonies began a new career , when the attempt at centralization by James I I . failed and their charters 6 w o . 1 8 ere rest red I n 4 , many of the colonies joined

u in a defensive leag e against the savages , the second of

o o the min r prophecies of the great Uni n to come . The y o ung community shared in the infl uences of the general movement ; and there were special co nditions f w hich favored her growth . A law o the General As “ s e mbly of 1 676 speaks of the Province as being in its minority . Like a prince one day to be a sovereign , wh o his of attains maj ority at the age eighteen , so New

J ersey after the first period of eighteen years , was ready to begin the work which should fit her for the higher d uties and powers . Here was a people beginning to

a o f c on flic t prosper , but hopeful rather th n contented ; ing motives , but the motive to union always in the end prevailing in close relations with nature , who imparted to them qualities which they could never lose but must transmit to their posterity . She gave them rich prom “ ” i s e s i s ; here a brave country , writes Rudyard , the first Deputy G o vernor under the new Proprietors ; ” here is a gallant , plentiful country , writes Lawrie , his successor . Penn took a view of the land and said he “ o o had never seen such bef re in his life The pe ple ,

o o said Rudyard , are generally a s ber professing pe ple ,

o o wise in their generati n , courteous in their behavi ur , ” and respectful to us in offi ce among them . i The

o pe ple in accepting the early concessions , had expecta

” incre as e of tion , so they said in West Jersey , of some

* 1 2 0 1 2 2 6 1 0 1 . . 1 Leaming and Spicer , , "Smith , 9 , 7 , 79 6 7

those freedoms and privileges , enj oyed in England a n d the expectation grew with the growth of the Prov ince and with the change of the proprietaries . It was a tendency that could not h e stayed until the people “ ” 9" w ow ne rs o t/ze i r l ibe r t ere , in their own phrase , f y . H ow was this tendency met by the twenty -four Propri e tors ? Whatever their theory was as to the necessity o f a firmness of administration to gain their pecuniary rights , in other respects their conduct harmonized with I n the wishes of the people . a brief account of New 1 68 2 J ersey , published in , by the present Proprietors ,

” for information of all inclined to settle in that country , they say that in the concessions , provision was made for “ ” b and li erty in religion and property in estates , we , “ an d to a they continue , shall be ready desirous m ke such further additions and supplements to the said Con s titu tion , as shall be thought fit for the encouragement of n for all pla ters and adventurers , and the further s ettling the Colony with a sober and industrious ” p eople . Whatever change , then , the Proprietors might make in the organic law could only be construed

of m of in the light this pro ise , the spirit which as well

a s . the letter , bespoke the largest liberty for the emigrant

S o too of - o , the seal the twenty f u r Proprietors , as they of undertook the duty government , was in keeping with t his natural character of the Province and of its people . Every official act of the twenty -four Proprietors received

of on e n the stamp this seal , which were exquisitely graved the emblems of plenty and of even -handed e j ustice . Surrounding the emblems were these leg nds ; “ Righteousness exalteth a nation . Its God giveth ih

* ’ 1 2 0 1 2 . S mith 2 . Ibid , , 4 r , 5 4 68

” v of crease . Thus e ery act theirs testified to their recognition o f a God -given increase of the fundamental law as well as of the fruits of the earth . The letter in which the Proprietors announced to the

c of people their pur hase the Province , breathes the \V same spirit . e desire nothing more than to approve ourselves as you may find y o urselves happy . Your interest is n ow so bound up with ours that we cannot

f ou 1 11 su fer if y prosper , nor prosper where you are “ j ured . And they promise everything that may be needful toward the good government and ad y a h tage of the The seal of the Proprietors was further indicative of the character of the new government . The seal of Berkeley and Carteret bore their coats of arms and thus sug gested a personal government . T he seal of the twenty four was absolutely impersonal , so far as men were concerned God alone was recognized as the author of f the growth and exaltation o a nation . I t was almost as ab though human direction were . withdrawn , and

of stract principles , free from the impress the mind even

o w n of great men , were left to work their work among the people . The Proprietors were rather the servants than masters controlling the principles of government which were becoming active in New J ersey . It is not

fo r o u s o w possible y to understand , rites Lawrie , the “ G o o Dep uty vernor , to the Pr prietors , what is for the “ oo d o f d o r e g the Province as I that am here , 1 and in s o n s e o f of p , the Proprietors adopt the act the first 1 68 w August , 4 , in which they ackno ledge the necessity ’ t/za t t/ze re be fall a nd a mpl e pow e r e ons t it a te a in some

8 1 6 . 1 Learning and Spicer, 7 "Smith , 7 .

7 0

a a forces . The Proprietors become s far s possible identified with the Province . The new Board share

o of w with the pe ple in the making the law , hile with all citizens they are equally subj ect to the provincial law fi B ut we arrive at the full measure of the importance of this assimilation of proprietary and popular government when by the study of the events of the next half genera

of tion , we learn to know the principle government , w hich the Board of Prop rietors grew more and more to

w as represent . It neither of the three historic forms ,

f r or . o monarchy , aristocracy democracy It stood essentially the modern princip le of the non -inte rfe r

of -o ff ence government , the laissez faire , the hands

o . the ry , the least government the best It gave the opportunity for the action of a self-determining power

of of within the fou r bounds New J ersey , by virtue

of of which , the inhabitants that portion the globe could

on e as body say with truth , a century and a half later ,

“ ' all political power is i n/ce re nt in the people . 1 It is

- true , the twenty four Proprietors had prepared for the Province a new organic law— the s o-called F u nd ame n tal Constitutions , which , though sanctioning in part , were designed to supersede the concessions , and they instructed their Deputy Governor to “ order the new f scheme o government to be passed in an Assembly . t

n But they tacitly acquiesced in its rej ection . I n a c o ference of the deputies with the governor and his

on 1 of 1 68 6 council the 9th April , , Governor Lawrie “ made inquiry of w hat answer they gave touching the scheme of government laid before them a few days pre

’ ’

u . 8 Scot s model in Whitehead s East Jersey nder the Props 3 9 , 4 4 7 , 44 9 . J C on s titu tio n 1 8 1 ( of 44 . 1 Learning and Spicer , 75 . 7 I

“ t/za t v i ou sly . The deputies answer t/zey app re /ze nde d t/ze s a me d id not ag re e w it/z t/ce C ons tit u ti on of t/cis P rov i nce a nd t/za t t/ze u nd e rs tood t/ca t t/ze s a me w e re now is e , y

” bind in e x ce t a ss e d i nto a l a w b t/ce Ge ne a l A l r ss e mb . g , p p y y

’ The governor s council had already given it as their “ sense t/za t t/ze s a me d id not ag re e w it/c t/ze C ons tit u t ion of t/ces e A me r ica n

n or The governor did not press the matter, did the

on Proprietors further insist it , and in this simple way

an d the great act was done , at once asserting confirming the ordaining power . The people of East N e w Jersey had determined that by their own authority their organic law should be . By refusing the fundamental constitutions and plant ing themselves on the concessions , the people secure all

P ro that had been gained in the first period , and the

rie tors sh ar1 n p , g in this essentially ordaining act of the

of - ind e fe asi people , the rights self government became

. u ble It was only nat ral , then , that in an act passed thirteen years later , declarative of rights and privileges , many rights and privileges should be included , which L had hitherto never found expression in the P rov in ce ]

The people were creating the organic law . It was a

T/ze w/zol e u s e o R e r e nta t e . H o es iv s solemn act f p , so “ ca me be runs the record of the governor and council , fore t/zis B oa rd a nd ga ve i n tlze B ill of R ig/i ts

as s e d tlce ir Hou s e w/zic/c wa s re ad lee re a nd as s e d t/zis p , p

B oa rd of t This act , including many the provisions of

o the concessions , has also many features in comm n with 6 the government w hich the people ordained in 1 77 .

6 1 2 8 1 1 C u 1 2 1 2 . Record of Governor and o ncil , 5 , , , 3 m 68 Le a in . j g and Spicer , 3

R e c o rd C u 2 1 . t of Governor and o ncil , 9 of 1 of With this act , which bears the date the 3 th

a 1 6 of 1 of M rch , 99 , together with that the 9th April ,

1 686 to , the work of the Proprietors in helping lay the

o of legal foundati n the State was complete . It was an anomalous government . An idea grew up after the

of 1 68 8 revolution that it was no rightful government .

\V illiam its o King contested title , and the pe ple of East N e w Jersey petitioned the Crown against the Pro prie

u tors , and factions sprang p among themselves . Of the

ou r 1 02 original Proprietors , but f were left in 7 to sur render what they ad mitted in the instrument of sur

a to render was pretended right government , but the

o r fact remains , that better than they , those about them

for . knew , they built all time Three -quarters of a century must pass before inde

e n d e n c e w as p declared , but the people of New Jersey b d were already capa le of an indepen ent political life .

o 1 68 to 1 6 2 w as I n fact , fr m 9 9 there no general govern

o ment . The local administrati n of law secured the

' w hol e P ro vin c e c on peace and welfare of the . I n the

o o 1 0 test with the royal g vern r , Lord Cornbury , in 7 7 , the representatives of the people reject with abh orrence the charge of the council that they purpose throwing o ff their allegiance and rev o lting from the Crown of Eng

. S o land they abhorred the thought , even after the

w as n o War for Independence begun , but they were less capable o f ind ependence had it come two genera tions earlier . We may note that in this same reply to the complaint of the Lieutenant - Govern o r and the

o to O u e e n o d o n ot C uncil the , the pe ple disclaim the right to j udge , as was charged , whether royal orders

o - c nformed to The right of self rule , which they

8 6 Smith , 3 4 7 , 3 . 7 3 had gained in the time of the P roprietors and under the

of th e infl uences their government , they kept until all Colonies were equally ready to assert with them that

o d this right sh ul be national in America . B ut we find evid ences elsewhere than in the growth

of of the fundamental law , that under the influence the

Proprietors the State , as we know it , was gradually forming . No stronger infl uence m o ulds the life of the people of a State than that which comes from its minor political divisions . The town and the county have shaped the f f life o the States o the Union . I n this respect there are three classes of States ; those in which the town is — the political unit the six States of New England ; the second , those in which the county is the unit “ of of the States the South ; the third , those the com

o n — a pr mise system , as it has bee called mixed organi z ation of county and t o wnship prevailing in the Middle

States and the West . f Town government sprang into a vigorous , sel directing life at the time of the first an d county government had its feeble be ginn ings fi" but it was only in the time of the second pro prietary govern ment that the two organizations grew into a comp osite whole . The temptation is great to dwell upon the history of this phase of State development from this time on ; to

D u ring this period local government was exercised by virt u e of

: z charter rights in seven towns , namely Bergen , Eli abeth , Newark , ‘ u N o odb rid e . M iddletown , Piscataway , Shrewsb ry and g

1 1 6 "By a law of the General Assembly of the 3 th of November , 7 5 ,

u w the towns were grou ped into co nties ith no very definite limits , and

c u c 6 . with the sole p u rpose of ere ting co rts Leaming and Spi er , 9 7 4

Show how the functions of the two local divisions were adj usted ; to point o u t the unconscious beginnings of

o an d o o d the f rms harm nies which exist t ay , but the present purpose o f our study will not admit of a state

o f . ment its every result Only in general , it may be

to d of said , that this perio is due the founding that

o system which , more than any ther influence , gives individuality of character to the self- go vernment of the fi" S tat e

The constituting of courts is an oth e r important forma

* A tax a ti on u view of the methods of , as fo nd i n the tax laws of the

r r u Prop ietary period , will , perhaps , best show the germination and g ad al growth of local government in New Jersey .

C O N C ESSI O NS .

1 66 — B C 4 . y the oncessions the General Assembly has power to lay taxes u pon lands or persons within whatever l oca l di v i s i on s it may erect

c . within the Provin e ( Leaming and Spicer ,

O F LAW S G EN ERAL ASS EM B LY .

M a 1 668— r u — fi v e u town — in y . First tax , thi ty po nds po nds to each

u z co ntry pay to be delivered by inhabitants to Jacob M ollins , of Eli a

th t o wn be . . S . ( L and ,

6 - ow n s l a n t a ti n s cou n ti e s 1 . T o u November , 7 5 and p gro ped into for the

T u sole p u rpose of e recting cou rts . hese co nties have no very defin i te

u . . S . bo nds , and they receive no names ( L and ,

- ' l u r w c 1 6 P ro7. i n e i a T re as re tow n con De ember , 75 appointed , to hom s ta ble s S 1 0 are to bring in the rate . ( L . and . , 3 ,

’ c 1 6 — u De ember , 7 5 Assembly proposes to raise fifty po nds , Governor s

r u b r i ti n t s s c o ow n s . arrea s , by p to be paid to constables of ( L . and

S . ,

6 6 T /zree s e l e ct me n 1 . y April , 7 to be chosen by the freeholders of ever

’ tow n u c S . to assess Governor s arrears not s bs ribed . ( L . and ,

c 1 6 6 — C town r O tober , 7 . onstables of every to eceive and compel pay

S . ment of rates levied by the General Assembly . (L . and , — ’ 1 6 8 C u u . 7 . o ntry rates levied pon land Governor s salary paid by

S . 1 2 1 0 poll taxes ( L . and , 9 , 3 ,

68 2 u 1 . March , For the better governing and settling co rts , in the 7 5

tive element . An authority not lightly to be questioned “ says that Lord Cornbury is entitled to the credit of hav ing laid the foundation of our whole j udicial system But the beginnings of it seem to date from the legislation of this period . Here we have the Common Law Courts “ and c ou n t in town 1 y , t a Supreme Court for the Prov

a u cou n ti e s c P rovince , the Gener l Assembly divides it into fo r , whi h

u S . receive names and definite bo nds . (L . and ,

2 — u c C ou n t C ou rt o u a rte r S e s s i on s 1 68 . J sti es of y f Q impowered to as

u cou n t u town sess tax for b ilding a jail in each y and a po nd in every , and r S . 2 68 . . C o m to appoint collectors and eceivers of this tax (L and , .

’ A llins o n s pare Laws ,

1 68 2 — T ax u cou n ti es December , of fifty po nds , apportioned among the

cou n t to be assessed in each y by six men appointed by the Assembly ,

T ow n cons tabl e s colle cto u pon improved lands and stocks . to act as rs t u T re as u re r o ire P rov i n ce . and to pay the s ms collected to the f (L . and

S . ,

I n 1 6 8 4 the West Jersey Assembly impowers each te n t/c to lay and ‘

y and c c le v road taxes , to choose six assessors and two olle tors of a

S . general tax . (L . and ,

68 6 — u 1 1 . April 9 , Fo r or five assessors to be chosen by the people of eac h town to levy rates for highways laid ou t by C ou n ty C o mmis io n e rs

S . (named by the General Assembly , L . , and taxes for all other p u blic charges within the respective limits of the town s the rates and taxes so made to be presented to the C ou r t of Qu a rte r S e s s i on s in the

ti e s T h e u c C u cou n . respective J sti es of the o rt to approve , amend and

confirm them with the consent of the majority of the assessors . ( L .

S . and ,

h e b town T a ove act , in a large sense the beginning of combined and

* ’

i C u C . . . S oc ol . 1 1 1 l . . V . Fie d s Prov ncial o rts , oll of N J H ist , . J rA n elective C ou rt in every town having cogni zance of cases to the

u u c C u . val e of forty shillings , a J stice of the Pea e to be one of the o rt

rn 1 00 2 2 . Lea ing and Spicer , 99 , , 9

u C u C u C u t I n every co nty , o rts of Sessions or o nty o rts , whose sessions

- were at first ann u al and afterwards bi e n n ial and qu arterly . Learn ing

6 2 0 2 68 . and Spicer , 9 , 3 , , 3 4 7 76

* la w u ris dic ince , distinctions between and equity j tiou ; t provisions for appeals on account of erro rs o r other gro u nd s t for regular prosecutions and issuing of

ro c e s s e s — in d p II short , a systematization of the a ministra

o ti n of j ustice . Other influences came fro m the people of that day to f determine what the people o this day Should be . The very h ome line s of much of the legislati o n of those twenty years shows that self- rule was thrusting o u t its

o n roots into the best of soil , and yet the other hand , the General Assembly of this feeble Province could rise to the dignity of enacting in a separate law , the

cou n t tax a ti on 1 1 68 6 y action in the matter of , was passed on April 9 , , the

u u C u same day on which the Dep u ties ref sed the F ndamental onstit tions .

T h e u S birth of the mixed town and co nty system , the pecial form of

c u u - New Jersey lo al r le , was th s coincident with the birth of self govern

C u c ment in the Province as a whole . ( Record of Governor and o n il of

r 1 68 2 —1 0 1 1 East Je sey , 7 3 , pp . 3 ,

T 1 6 b u t his act was modified nine years later , 9 5 , only to facilitate its

wa . s u S . operation . I t , therefore , thereby virt ally confirmed (L and ,

’ C i n te r l o n 1 6 1 1 a A llins s . 0 3 5 5 ; ompare Laws , pp 4 , 3 5 , , 5 ; Revised

2 u . 1 . Stat tes , Sec , p

1 68 8 — T o c May , withstand invasion of the French , spe ific tax on land , cattle , horses , swine , and poll tax on male persons of sixteen , to be levied and c olle c ted by C ou n t v C om missione rs appointed by the As s e mbl C tow n y . onstables of each to receive estimates of taxable prop

* A C u C u r o rt of ommon Right with original and appellate j isdiction ,

c z c u u to have ogni ance of capital , riminal , or civil ca ses of eq ity , to be

u C u c u . n the S preme o rt of the Provin e , with q arterly sessions Lear ing

c 6 u u 2 2 . 1 C and Spi er , 3 . I n W J . , 9 3 , a S preme o rt of Appeals , Leaming

c 1 C u r T n c and Spi er , 5 7 , and a o rt of c and erminer , Lear ing and Spi er ,

2 5 0 .

Le amin 8 n 2 2 c 2 2 Le ami . l g and Spi er , 3 , 34 . t g and Spicer , 3

rn 2 Lea ing and Spicer , 5 3 .

7 8

o f o f 1 68 Bill Rights 9 , and decree intolerance C ons titu o f the Roman Catholic religion . I n the

of 1 6 tion 77 , too , civil rights are guaranteed to Protest

i n 1 8 ants alone . O nly the Constitution of 4 4 has Ne w J ersey turned to the times of the Proprietors and brought back again the fearless spirit of complete re i l gio u s liberty .

F o r education , the earliest town charters granted by

d : o the Proprietors , provi ed in W odbridge , one hun dred acres were to be laid o u t for the maintenance of a free and school lands were to be exempt

- from quit rents . The to wns established schools , and laws of 1 69 3 and 1 69 5 provided for rates and the regulation of schools by se l e ctme n . t

C town act appoints one omm issioner for each , who receives from the T C town constable estimates of all ratables in the town . hese ommis s io n e rs u z meet in a body at Perth Amboy and eq ali e the assessment .

T h e ou n t c taxes collected by C y Re eivers appointed by this act . ( L . and S

6 — ou n t rea s u re rs T h e 1 C T . October , 94 . Act for the appointment of y j u sti c es of each cou n ty cou r t to appoint at their discretion a C o u nty

T u u u u u reas rer to disb rse co nty f nds in paying for the destr ction of wolves ,

u . providing for the poor and orphans , and defraying the co nty debts

S . ( L . and ,

1 6 — O n e u u 9 5 h ndred and fifty po nds i n silver , proportioned among the

' town s c c u u of the Provin e and the o nties of Monm o th and Somerset , to

u r tow n be levied pon all estates , real and pe sonal , as each and the two

u u co nties named shall adj st the rates . General Assembly appoints the

c town colle tors , vacancies among whom are to be filled by the , or in the

u c ou nt . S . case of M onmo th and Somerset by the v . ( L and ,

1 6 8 —A n c 9 act for making town rates to defray tow n harges . Each

’ town c I 2 hooses three men to assess for ( ) representatives wages , (

’ c u harges abo t highways , ( 3) rates for the poor , (4) constables wages , ( 5 )

’

u 2 8 . Whitehead s East Jersey nder the Proprietors , 7 J Le arn i n 2 8 8 ( g and Spicer , 3 , 3 5 . 7 9

We must not leave out of sight the influence of the Proprietors in gathering this provincial population from

- many parts from New and O ld England , from Scot

d to lan , from Ireland , to j oin them the D utch already here to make the on e people . The latest writer on American Colonial History says that the colonists of Ne w J eYs e y had a strong respect * for vested rights . May we not attribute the feeling to

ou t the experience , which grew of the early and safe

on system of the proprietary grants , and , the other hand , of the disputes , in some parts , which enforced the n ecessity of secure titles ? The contest the people had to establish their funda

w c onstitu m ental law , taught them the value of a ritten tion and the absolute need that law should conform b a thereto . T hough it grew up in part v legisl tive enactment and though the constitution of 1 776 carries

of the implication possible legislative amendment , yet in a spirit , born as we may believe in those early days , and certainly expressed in the earliest c onstitution of

6 u c 8 u killing wolves , ( ) repairing b rying pla es . (7) schools , ( ) po nds , (9)

’ T u c clerks wages . his assessment to be presented to any j sti e of the

cou n t peace of the y , who may approve or amend the same with the con

of . . S . sent two of the three persons chosen as above ( L and ,

— - T h e 1 69 8 General tax of six h u nd red and seventy fiv e pou nds . act introdu ces a system of taxation on real estate by polls and specifi c s m nearly identi c al with that later adopted by the State Legislatu re . (C o

’ a r z . 8 1 68 pare Gordon s Ga etteer , pp 5 7 , 5 ; also L ws of West Je sey , 4 ,

1 68 1 6 1 6 6 1 6 1 0 0 2 1 —2 6 1 0 . S . 5 , 9 3 , 9 , 9 7 , 7 ; L and , 4 94 , 5 5 , 5 , 5 4 9 , 5 , By this act an assessor or commissioner was named by the Assembly for each town T hese assessors to meet in the c apital of the Province to

u z T e q ali e assessments . hey also serve as collectors and receivers . (L .

S . and ,

* ’ 8 C 2 . Lodge s English olonies in America , 7 8 0

W - B re arl 1 8 0 est Jersey , Chief J ustice y in 7 , gave a de c is ion of prime historical imp o rtance . Other States than Ne w Jersey have been called the formative centres of the vari o us infl uences which have combined to bring ab o ut the one great result— this mighty union but

N e w Jersey has at times shown the way . This decision of her Supreme Court was the first of the series w hich established the principle and at last made it a part of

of u nc on sti the Constitution the United States , that an t u tional law is no law and it is the function of the * j udiciary to say s o . The second occasion when Ne w Jersey showed the

w as way to her sister States , when she sent her delegates t h 6 o t e Annapolis Convention in 1 78 . This convention was called to secure uniform regulations of commerce in

of of the Articles Confederation , then the Constitution the Union . N e w Jersey was not unmindful of the strug gles she had had , in the times of the Proprietors to secure

Y o rk a from New commerce rightfully her own , but ris

d to ing from that consi eration , her perhaps more import

fo r ant than to any other State , she was like a cask flowing

N e w at both ends , tapped by York and by Philadelphia ,

d be she suggeste that the amendment should include , “ Sides a power over commerce , other important mat

. o ters T he c nvention caught at the suggestion , and

o Hamilton , the herald of the better uni n , proclaimed it as the basis of the call to the Convention at P hilad e l

of t h phia , which gave us the Constitution e United

States .

o n ot I n the times of the Propriet rs , we do find in

r h K v s . r T he c C . de ision is eferred to by J . irkpatrick , in State Pa k u I V h rst , H alstead , 444 . 8 1

New Jersey many germs of an American Union , though “ one b of in or two cases , the assem ly , sensible broth ” o u r o and erly love to neighb rs , voted men money for the war on the frontiers against the French: This spirit was with New J ersey of somewhat later gro wth ; d it came in royal times , but in the war for Indepen ence , New J ersey ranked with Connecticut next to the first in

m of the nu ber men she furnished , and other evidences were not wanting of a zeal for the go o d of the whole “ Union But in the formation of the more perfect of union , she represented rather the principle local ism ; the home rule of th o se early days had grown int o the idea of the indestructibility of the State This idea she brought int o the federal convention and around “ ” the banner of the Jersey Plan , Livingston and Pater

B re arl f r n son and y fought o it . When the existe ce of the principle was assured by the grant of equ ality of

' S e nate h o w State representation in the , gladly did these her champions leap forward to give to a nationalism

o based up n localism , ample powers for the greatest work tha t ever fell to the lot of on e people . The Legislature of New Jersey had been the first I n

of America to apply to the Union , the phrase Montes

u i e u q a Fed eral Republic . Unanimously her people

o ratified the Constituti n of the United States , in which it was made real .

of The States Greece , which one may call the creative

of States , those which made her the leader the civiliza

o of ti n the world , had together nearly the same area as

of New Jersey . By the coast line and the lines the

o of hemming m untain ranges , the forces their life were turned inward ; so New Jersey was co nfined by careful

H e o o bounds , and her grew fr m the forces c ncentrated 6 8 2

V n within her b o rd ers . t abso lutism swept d o w n

o o s h e P up n Greece fr m the East , repelled the ersian i nvader o n the plain of Marath o n . On t he plain o f

o o d M nm uth , the humble commonwealth , ai ed by her

S o not b sister tates , f ught , if the decisive attle , yet the one prophetic of the final overthrow of English absolu “ tis m a ; for after it Frederick the Great said , Americ is l o st to England . But the destroyer o f Greece came

\ - of from the Vest . The self government Greece , which

o of o d was her gl ry and the cause her p wer , was engulfe in the imperialism of Rome . When the imperial idea arose in the Western H emisphere , promising a new

o o o o nation of gigantic pr p rti ns , and with the p ssibilities

o of of unb unded Continental strength , with the aid the

-u o other pent p States , all but one pr prietary , New Jersey ,

o o in the Federal Conventi n , l dged in the foundation of the

o of d d indissoluble Uni n the integrity the in ivi ual State . New Jersey was never enro lled among the World

to States , but happier than Greece , she insured herself

o an unending future . She made her c ntinued existence the conditi o n and the cause of imperial strength

o in Largely thr ugh her influence and further back , the

fl u e n c e of l ocal an d na t ional - o her founders , self g vern ment are blended , yet each keeps its identity . The fruits we enjo y grow o n the tree of this self- rule

— r r u the one g eat t ee , that p from old time

u Growing , contains in itself the whole of the virt e and life of

Bygone days , drawing now to itself all kindreds and nations ,

r And m u st have for itself the whole world fo its root and branches .