CHAP. XVIII.
Memorial of the
West-Jersey proprietors residing in England, to the lords
commissioners for
trade anel plantations; The lieutenant governor, with
some of the
council, address the queen; The last meeting of assembly,
under Cornbury's
administration; They continue their complaints; Samuel
Jenings's death
and character.
The foregoing
proceedings being by connection necessary together, has
delayed the
following memorial a little out of course as to strict order
of time: The western
proprietors residing in England, had much resented
Cornbury's
treatment of the inhabitants, especially in relation to the
three members
being kept out of the assembly, by which he gained a
majority devoted
to his measures; and thus they complain:
"To the
right honourable the lords commissioners for trade and plantations.
"The humble
memorial of the proprietors of the Western division of the
province of
New-Jersey, in America.
"We humbly
acknowledge your lordships great justice, in making the terms
of our surrender
of government, part of the lord Cornbury's instructions
relating to the
said province; and heartily with his excellency had given
us occasion of
acknowledging his due observation of the instruction,
instead of
troubling your lordships with a complaint of his breach of
them, which we
are fully assured from undoubted testimonies his excellency
has made in the
following instances; and tho' he endeavours to palliate
his proceedings
there, by frequently and publickly asserting, that your
lordships
consented to no terms upon our surrender; yet were that as great
a truth as it is
a mistake, and those instructions had been only of grace
and favour, we
conceive him to be obliged, and ourselves intituled to his
punctual
observation of them.
"It is one
of the terms consented to by your lordships, and one of his
excellency's
instructions from your lordships; that the general assembly
shall consist of
four and twenty representatives; two to be chosen by the
inhabitants,
housholders of the city or town of Perth-Amboy; two by the
inhabitants,
housholders of the city or town of Burlington; ten to be
chosen by the
freeholders of the eastern, and ten by the freeholders of
the western
division; in which election, every elector is to have one
hundred acres of freehold
land in his own right, within the division for
which he shall
choose; and every person elected is to have one thousand
acres of freehold
land in his own right, within the division for which he
shall be chosen.
"This
instruction, which we relied on as the chief security of our estates
in that province,
his excellency has not only violated, but has totally
destroyed that
part of our constitution; and in such a manner as will
render all
assemblies a meer piece of formality, and only the tools of
a governor's
arbitrary pleasure.
"For setting
which proceeding in a due light, we must crave leave to lay
before you
lordships the account we have received of it from our agent,
and other
reputable persons of that province.
"An assembly
having been called and chosen, in the year 1703, pursuant to
your lordships
instructions, prepared bllls for settling the rights of the
proprietors and
planters, and for raising a revenue of thirteen hundred
pounds per annum,
for three years, (which they knew was the utmost the
country could
bear) for the support of the government; but his excellency
requiring a
greater sum, several persons, our constant enemies and
invaders of our
proprieties, and who therefore opposed the bill for
settling our
rights, undertook to procure an assembly more obedient to
his excellency's
demands; and by that and other arguments, which out of
regard to his
honour, we choose to wave the mention of; prevailed upon
him to dissolve
that assembly, and to call another to sit in November last;
the writs were
issued, and the election directed to be made, in such haste,
that in one of
the writs the qualifications of the persons to be elected
was omitted, and
the sheriff of one county not sworn 'till three days
before the election,
and many of the towns had not any (much less due)
notice of the day
of election; but passing by these, and many other illegal
artifices used by
those undertakers, to obtain an assembly to their own
humour; we shall
insist only upon one grand instance, which is not to be
parrallel'd in
any of her majesty's plantations, and could not have been
attempted without
his excellency's encouragement, nor put in practice
without his
concurrence.
"When this
assembly was met, and attended his excellency in council, in
order to be
sworn, Mr. Revell and Mr. Leeds, (two of the governor's
council, and of
the undertakers to procure such an assembly as they had
promised)
suspecting the strength of their party, objected against three
of the members,
returned, as persons not having each, one thousand acres
of land, and
therefore unqualified to serve in the assembly; though these
persons had such
estates in land, and were generally known to have so, and
at the time of
their election had convinced Revell and Leeds, who opposed
them under that
pretence, of the truth of it; and this objection was not
examinable or
determinable by his excellency or his council, or otherwise
than in the house
of representatives, who are the only proper judges of
their own
members; yet his excellency, upon this bare suggestion of Revel
and Leeds,
refused to swear these members, and excluded them from sitting
to serve their
country; this attempt was seconded by another trick of
Revell and Leeds,
who immediately sent the following note to the house of
representatives.
" 'To the
honourable the house of representatives.
"
'Gentlemen,
" 'We
underwritten, supposing we had good reason to charge three of the
persons returned
to serve as representatives in this general assembly; but
upon due consideration
find it difficult to come to a true determination
thereof, until we
can by further enquiry find the truth of what we have
been informed of;
we therefore humbly desire fourteen days time further,
that we may be
able more fully to inform this house therein, which we
humbly suppose at
present cannot reasonably be expected from us; we
subscribe
ourselves your humble supplicants,
" 'THOMAS
REVELL.
" 'DANIEL
LEEDS.' "
" 'Nov.15,
1704.' "
"The
counties for which they were chosen to serve expressed a great
dissatisfaction
at the exclusion of their members; and these and several
other
representatives deliver'd an address to his excellency, for having
them admitted to
their right; which met with no other reception, than
being called a
piece of insolence and ill manners.
"By this
exclusion of three members, and the contempt of the address for
their admission,
the undertakers gained a majority by one in the house of
representatives,
who adjourned the hearing of this case, until they had
reaped the fruits
of their iniquity, and accomplished the ends for which
it was contrived;
for whilst this case was depending, a bill for taking
away the
qualifications of electors and the elected; and placing the
right of choosing
and being chosen in the freeholders generally, without
any express value
of their estates was prepared and pass'd, wherein there
is this
remarkable and self condemning declaration of his excellency's
proceedings, viz.
that representatives met in general assembly are and
shall be the judges
of the qualifications of their own members.
"After this
and one other act, which we shall hereafter take notice of in
its proper place,
were passed, a day of hearing was allowed to the three
excluded members,
and notice of it given to Revell and Leeds, who would
not vouchsafe to
appear, but having already obtained their ends,
graciously
signified by a message, their mistake in their objection to
those members.
"The house
proceeded in the inquiry, and by deeds and other authentick
proofs, was so
fully satisfied of the estates of the excluded members, and
that Revell and
Leeds had been convinced thereof, at the time of their
elections, that
the house unanimously declared them duly qualified, and
sent two of their
body to acquaint his excellency of it, and to pray they
might be sworn;
but his excellency, whether out of a desire of assuming
the glory of his
arbitrary proceeding wholly to himself, or of making the
country sensible
that notwithstanding the act so lately passed, declaring
the house judges
of their own members; he was resolved to exercise that
power for the
future; or for what other reason we know not, told those
messengers he
must be satisfied of their qualifications, as well as the
house; and still
keeps them out of the assembly.
"This we conceive
to be the assuming a negative voice to the freeholders
election of their
representatives; and such an invasion of the rights of
the assembly, as
will, if tolerated or connived at, place the whole
legislature in
the governor; for if he can, at his pleasure, reject
three
representatives, he may reject all, and make what laws he thinks fit
without the
formality of an assembly; but if this notorious violation of
our constitution
had not been made by him, and the assembly had
consisted of it's
full proportion of duly elected members; we conceive,
and are advised,
that his excellency had no authority, nor any probable
colour from his
instructions for passing this act; for though the
instruction
relating to the election of general assembies, allows an
alteration by act
of assembly, of the number of the representatives, and
the manner of
their being elected; it leaves no power to the general
assembly to alter
the qualifications of the electors or elected; which was
intended to be a
standing and unalterable part of the constitution, as most
agreeable to the
constitution of England, where the electors of knights of
the counties must
have a certain fixed freehold; and the elected are
generally the
principal landed men of their respective counties; but the
alteration now
made, was intended to put the election of representatives
into the meanest
of the people, who being impatient of any superiors,
will never fail
to choose such from amongst themselves, as may oppress
us, and destroy
our rights.
"It is another
term of our surrender, and an instruction to his
excellency, that
no act should be made to lay a tax upon unprofitable
lands; but his
excellency has encouragd and assented to a bill in this last
assembly, for
taxing (without distinction) all lands belonging to the
inhabitants
there, and to all others not inhabiting there who have settled
any plantations,
either by tenants, servants or negroes; it is objection
enough to this
act, that there is no other colony in America wherin
uncultivated
lands are taxed; and as this act was intended, so none more
effectual could
have been contrived, to prejudice the country in general,
or the
proprietors in particular; for if any man who has a thousand or
more acres of
land, which he can neither manure nor sell (as most of the
first planters
have) he must pay a tax for this land, which may eat up the
greatest part of
the profit of what he can and does cultivate; or he must
desert the whole;
and if we, who have great tracts of land of many
thousand acres to
sell, lett or settle but a few acres to maintain our
agents or
servants, we must pay a tax for all the residue which yields us
nothing: In
consequence of this act several persons who had agreed with
our agent for
lands, have renounced their bargains, and removed into other
countries, where
they can purchase great tracts of land, preserve them for
their posterity
to settle on and we, unless relieved from this oppression,
must deliver up
our lands or our purses: This tax is imposed by the act
passed in the assembly
for raising a revenue of two thousand pounds per
annum, for two
years, for the support of her majesty's government within
that province;
and we have great reason to believe it to be part of the
return promised
by the undertakers to his excellency, for his dissolving
the former
assembly, and curtailing the last of three members.
"It is
another term of our surrender, and an instruction to his
excellency, that
the surveyors and other persons appointed by us, for
surveying and
recording the surveys of land granted and sold by us, shall
be permitted to
execute their trusts; but his excellency has taken upon
him, even
contrary to the advice of his council, to appoint fees for
patenting lands;
which has created an opinion in the people, that the
power of granting
lands is in him, has lessened the credit of our title to
lands, and
encouraged the planters to dispute our right.
"His
excellency has ordered all publick books, records and papers, to be
delivered by our
late secretary to Mr. Bass, our great debtor, and
therefore our
avowed enemy, and has carried our records of deeds and
conveyances out
of the province; by this method the proprietors of both
the divisions are
deprived of all means to justify their past
administration of
the evidences of their grants of lands to the purchasers
under them, (all
the surveys and patents being recorded in those books)
and will destroy
the office of our register, or at least will disable him
to perform his
duty in some cases; which by acts of general assembly he is
obliged to do.
"It is a
further term of our surrender, and instructions to his
excellency, that
all officers be appointed by advice of the council; but
his excellency
has constituted several officers without such advice, and
particularly a
sheriff of Burlington, who was therefore suspended by order
of council, and
yet continued to act under his lordship's appointment.
"We are
further informed, that his excellency hath put several mean and
contemptible
persons into the commission of the peace, particularly one
***** whom he
knew to be under prosecution for felony; and has given
commissions in
the militia to others, who have no estate in the province,
and therefore are
not like to be zealous in the defence of it.
"It is
matter of some wonder to us, that after so many acts of despotic
power, his
excellency did not assume to himself, or obtain from the last
assembly, an
authority of licencing any persons to purchase lands from the
Indians; but
condescends to apply to your lordships, for an alteration of
his instructions
in that particular; there wants only the breach of this
instruction to
compleat the ruin of our interests in New-Jersey, and we
humbly hope your
lordships will not enable him to give that finishing
stroke: This
instruction, founded upon the right which the crown of
England claims by
the law of nations, to all countries discovered by
English subjects,
was intended to assert that right against the pretences
of many planters,
who set up the Indians title in competition with it; and
if that right be taken
from the grantees of the crown, all patents and
grants of the
whole main land of North-America, have been only royal
frauds, under the
sanction of the great seal of England, and no man will
ever after
purchase lands under that title.
"His excellency
was lately so fully satisfied of the policy and
reasonableness of
asserting this right to the crown and its grantees, that
in the year 1703,
he recommended, and assented to an act of assembly,
for restraining
all persons besides the proprietors, from purchasing lands
from the Indians,
under great penalties; and for vacating all such
purchases
formerly made, unless the purchasers took a fresh grant from
the proprietors;
of which act we humbly pray your lordships perusal.
"We are
purchasers for ready money, under a grant from king Charles the
second, and are
willing to sell our lands and the Indians title to it, at
reasonable rates,
according to the goodness of the soil and situation and
ought not to be
compelled to accept a quit-rent (much less a quit-rent to
be let by other
persons than ourselves as his excellency proposes) instead
of selling for
ready money; nor ought our properties to be at the disposal
of a governor:
Tis not the want of a power in the planters to purchase
lands from the
Indians, but the taxing of uncultivated lands, and
overturning the
constitution for assembly-men, that has occasioned those
persons mentioned
by his excellency, to remove to Pennsylvania and other
colonies.
"May it
please your lordships,
"The usage
we have received from his excellency, is so contrary to the
terms of our
surrender of government, to the assurances we had from your
lordships, of the
due observance of them, and to the plain instructions
given by your lordships
to his excellency; that we humbly hope, it will
not be thought
any immodesty or want of duty in us, to protest, as we
protest against
all the proceedings of the last assembly, wherein by the
arbitrary
exclusion of three members without any just exception, the
country was not
duly represented, and to beg your lordships intercession
with her majesty,
that the acts passed in that assembly may not be
confirmed by her
royal assent.
"We further
pray, that colonel Lewis Morris, who has been a second time
suspended from
his place in council, by his excellency, only for using the
freedom which
every member of the council is entitled to, and ought to
exercise, of
opposing any bill brought before them, if he conceives it
prejudicial to
the interest either of the country in general, or of any
particular
persons, may be restored; and that your lordships will please
to place in the
room of such as are dead, some of the persons following,
viz. Mr. Miles
Foster, Mr. Richard Townley, Mr. Hugh Huddy, Mr. William
Hall and Mr. John
Harrison, who are men of known integrity and estates;
and as a further
security of ou estates there, and that no persons may at
any time be
admitted of the governors council, or to be in the commission
of the peace, or
of the militia, but such who have real estates in the
province suitable
to their stations, and who reside there.
"Signed by
Thomas Lane, Paul Dominique, John Bridges, Rob. Mitchel, Tho.
Burrow, Fra.
Mitchel, Eben. Jones, Jos. Broosbank, John Norton, Jo.
Bennet, E.
Richier, Tho. Skinner, Rich. Greenaway, Jos. Collins, Cha.
Mitchel, Jos.
Micklethwait, Tho. Lewes, Wm. Snelling." Two days after
Cornbury had
refused to receive the assembly's reply, he sent for them,
and though
several important bills were unfinish'd, adjournd the house
to the spring
next year: Not receiving the reply in form, he escaped the
necessity of
attempting to clear up what he could not do with justice or
equity: Some of
the glaring facts still confirm'd the truth of the charges
against him, he thought
he had a more effectual way of dealing; that was,
to lodge a
complaint with the queen; aecordingly by an underhand artifice,
his trusty friend
the lieut. governor Ingoldsby, with some of the council,
signed and
privately transmitted an address, as follows:
"To the
Queen's most excellent majesty.
"The humble
address of the lieutenant governor and council of Nova-
Caesaria or
New-Jersey, in America.
"May it
please your majesty;
"We the
lieutenant governor and council of your majesty's province of Nova-
Caesaria or
New-Jersey, having seriously and deliberately taken into
consideration the
proceedings of the present assembly or representative
body of this
province, thought our selves bound, both in duty and
conscience, to
testify to your majesty, our dislike and abhorrence of the
same; being very
sensible, that the unaccountable humours and pernicious
designs of some
particular men, have put them upon so many irregularities,
with intention
only to occasion divisions and distractions, to the
disturbance of
the great and weighty affairs which both your majesty's
honour and
dignity as well as the peace and welfare of the country
required; their
high encroachments upon your majesty's prerogative royal;
notorious
violations of the rights and liberties of the subjects; manifest
interruptions of
justice, and most unmannerly treatment of his excellency
the lord
Cornbury, would have induced us sooner to have discharged our
duty to your
majesty, in giving a full representation of the unhappy
circumstances of this
your majesty's province and government; had we not
been in hopes
that his excellency the lord Cornbury's full and ample
answer to a most
scandalous libel, called the remonstrance of the assembly
of Nova Casaria
or New-Jersey, which was delivered to the governor by the
assembly at
Burlington in May last, would have opened the eyes of the
assembly, and
brought them back to their reason and duty; but finding that
those few
turbulent and uneasy spirits in the assembly, have still been
able to influence
and amuse the judgments of many well-meaning men in that
body; as appears
by another late scandalous and infamous libel, called,
'The reply of the
house of representatives of the province of New-Jersey,
to an answer made
by his excellency Edward viscount Cornbury, governor of
the said
province, to the humble remonstrance of the aforesaid house:'
We are now
obliged humbly to represent to your majesty, the true cause,
which we conceive
may lead to the remedy of these confusions.
"The first
is owing to the turbulent, factious, uneasy, and disloyal
pnnciples of two
men in that assembly, Mr. Lewis Morris, and Samuel
Jenings, a
quaker; men notoriously known to be uneasy under all
government; men
never known to be consistent with themselves; men to whom
all the factions
and confusions in the government of New-Jersey and
Pennsylvania for
many years are wholly owing; men that have had the
confidence to
declare in open council, that your majesty's instructions
to your governors
in these provinces, shall not oblige or bind them, nor
will they be
concluded by them, further than they are warranted by the
law, of which
also they will be the judges; and this is done by them, (as
we have all the
reason in the world to believe) to encourage not only this
government, but
also the rest of your governments in America, to throw
off your
majesty's royal prerogative, and consequently to involve all your
dominions in this
part of the world, and the honest, good and well-meaning
people in them, in
confusion, hoping thereby to obtain their wicked
purposes.
"The remedy
for all these evils, we most humbly propose, is, that your
majesty will most
graciously please to discountenance those wicked
designing men,
and shew some dislike to this assembly's proceedings, who
are resolved
neither to support this your majesty's government by a
revenue, nor take
care to defend it by settling a militia: The last libel,
called "the
reply, &c." came out so suddenly, that as yet we have not; had
time to answer it
in all its particulars; but do assure your majesty it is
for the most part
false in fact, and that part of it which carries any
face of truth,
they have been malicious and unjust in not mentioning the
whole truth;
which would have fully justified my lord Cornbury's just
conduct.
"Thus,
having discharged this part of our duty, which we thought at
present incumbent
upon us, we beg leave to assure your majesty, that
whenever we shall
see the people of this province labour under any thing
like a grievance;
we shall, according to our duty, immediately apply to
the governor,
with our best advice for the redress of it; and we have no
reason yet to
doubt of a ready compliance in him; we shall not be
particular, but
crave leave to refer to his excellency's representation of
them to the right
honourable the lords commissioners for trade and
plantations.
"The
strenous asserting of your majesty's prerogative royal, and
vindicating the
honour of your governor the lord Cornbury, will in our
humble opinion,
be so absolutely necessary at this juncture, that without
your so doing,
your majesty will find yourself deceived either in
expectation of a
revenue for support of the government, or militia for its
defence.
"In hopes your
majesty will take these important things into your
consideration,
and his excellency the lord Cornbury, with all the members
of your majesty's
council, into your royal favour and protection. We shall
conclude with our
most fervent prayers to the most high, to lengthen your
days, and
encrease your glories; and that ourselves in particular, and all
others in
general, who reap the benefit of your majesty's most gentle and
happy government,
may be, and ever continue the most loyal and dutiful of
subjects to the
most glorious and best of queens.
"Rich.
Ingololsby, William Pinhorme, R. Mompeson, Thomas Revell, Daniel
Leeds, Daniel
Coxe, Richard Townley, Rob. Quarry, William Sandford."
On the 5th of the
month called May, this year, [1708] the assembly met at
Burlington:
Jenings their speaker being indisposed, Thomas Gordon was chose
to sueceed him:
They received the speech; and delivered their address the
12th; which
containing the old story of grievances, so displeased the
governor, that he
immediately adjournd them to the September following, to
meet at Amboy,
but in the interval dissolved them and being himself soon
after superseded,
he met them no more; the business of the last session
began by his
telling them in his speech. It was the great desire he had to
see the service
of the queen, and good of the province carried on,
supported and
provided for, that induced him to call them together; to
prepare and pass
such laws as were proper; and that he might not be
wanting in his
duty, he should point out what he thought required their
immediate notice;
the first was a bill for support of government; that the
revenue the queen
expected was £.1500, per annum, to continue 21 years;
next the reviving
or re-enacting the militia bill, which was likely soon
to expire; that
he had every session since he had been governor,
recommended the
passing a bill or bills for confirming the right and
property of the
soil of the province to the general proprietors, according
to their
respective rights and titles; as also to settle and confirm the
particular titles
and estates of all the inhabitants of the province, and
others, claiming
under the proprietors; that he was still of opinion, such
a bill would best
conduce to the improvement, as well as peace and quiet
of the province;
that he had last year recommended the passing of bills
for erecting and
repairing prisons and court houses in the different
counties, the
building of bridges in places where they were wanting, by
general tax; and
as late experience had taught the necessity of settling
the
qualifications of jurymen, he desired they would prepare bills for
these purposes;
and revive such of the acts of assembly passed in the time
of the
proprietary government as would be of use, that they might be
presented for the
queen's approbation.
The assembly in
their address on this occasion, declare, they then were,
and always had
been ready and desirous to support the government to the
utmost of their
poor abilities; that they were heartily sorry for the
misunderstanding
between the governor and them; that about twelve months
ago they had
humbly represented to him, some of the many grievances their
country laboured
under; most of which they were sorry to say, yet
remained, and
daily increased; that they found the queen's good subjects
of the province
were continually prosecuted by informations, upon
frivolous
pretences, which rendered that excellent constitution of grand
juries useless;
and if continued, would put it in the power of an attorney
general, to raise
his fortune upon the ruin of his country.
That they found
it a great charge to the country, that juries and evidences
were brought from
remote parts of the province, to the supreme courts at
Burlington and
Amboy; that it was a great grievance that the practice of
the law was so
precarious, that innocent persons were prosecuted upon
informations, and
actions brought against several of the queen's subjects,
in which the
gentlemen licensed to practice the law, were afraid to appear
for them; or if
they appeared, did not discharge their duty to their
clients, for fear
of being suspended, without being convict of any crime
deserving it, or
reason assigned; as was done at Burlington, in May last,
to the damage of
many of the queen's good subjects. That they found the
representatives
of this her majesty's province so slighted, and their
commands so
little regarded, that the clerk of the crown had refused to
issue a writ for
the electing a member wanting in their house; they hoped
he would
consider, and remove these and many other inconveniencies and
grievances that
the province labor'd under; which would enable them to
exert the utmost
of their abilities, in supporting her majesty's
government, and
would make them happy under the mild and meek
administration of
a great and glorious queen; that they doubted not, were
her majesty
rightly informed of the poverty and circumstances of their
country, and that
their livelyhoods depended upon the seasons of the year;
their most
gracious sovereign would pity their condition, and never expect
the settlement of
any support of government, further than from one year to
another.
That they found
the present militia bill so great a grievance to their
country, they
could never think of reviving or re-enacting it, as it now
was; though they
were heartily willing to provide for the defence of their
country, which
they hoped might be done with greater ease to the people;
that they had
been, and still were endeavouring to answer her majesty's
commands, in confirming
the right and property of the soil of the province
to the general
proprietors, according to their respective rights and
titles; and
likewise to confirm and settle the particular titles and
estates of all
the inhabitants, and other purchasers, claiming under the
proprietors; but
tho' they had several times met in general assembly, they
had not
opportunity to perfect it; they acknowledge the favour of being
put in mind of
providing prisons, court-houses, and bridges, where such
were wanting,
which they should take into consideration.
That they had a
bill for settling the qualifications of juries, prepared
last sitting at
Amboy, and should now present it; and thanking him for
reminding them of
reviving their former laws; say, they had before
appointed a
committee for that end; but were impeded by Bass, the
secretary,
positively refusing to let them have the perusal of them; and
that as they had
always used their utmost endeavour in the faithful
service of the
queen, and for the benefit of the country; so they should
still continue to
do it with all the dispatch they were capable of. Here
we part with lord
Cornbury's administration.1
Here also we part
with his opponent S. Jenings; his indisposition continued
about twelve
mouths, and then finished his life: His many services have
occasioned him to
be often mentioned: His profession of religion was that
of the people
called quakers; he was early an approved minister among
them, and so
continued to his death; common opinion, apt to limit this
sphere of action,
will however allow general rules to have their
exceptions, as
instances now and then, though perhaps but rarely, occur,
where variety of
talents have united in the same individual, and yet not
interfered; such,
the accounts of those times (stripp'd of the local
uncertainties of
faction and party) tell us, was the circumstance with
regard to
Jenings; that his authority, founded on experienc'd candour,
probity, and
abilities, enlarged opportunities, rendered him not in one
capacity or to one
society only, but generally useful: It is mentioned,
that he was of an
obliging, affectionate disposition, yet of a hasty warm
temper; that he
notwithstanding managed it with circumspection and
prudence, so that
few occasions escaped to the disadvantage of his
character, or of
any cause he engaged in; that he saw the danger to which
his natural
impetuosity exposed him; knew his preservation lay in a close
attention to his
cooler prospects, and diligently guarding in that spot,
experienced the
benefit in many trying events; that his integrity and
fortitude in all
statious, were acknowledged; that his judgment was the
rule of his
conduct, and by what can now be gathered, this seems to have
been but seldom
injudiciously founded; that alive to the more generous
emotions of a
mind formd to benevolence and acts of humanity, he was a
friend to the
widow, the fatherless and the unhappy; tender,
compassionate,
disinterested, and with great opportunities left but a
small estate;
that abhorring oppression in every shape, his whole conduct
discover'd a will
to relieve and befriend mankind, far above the
littleness of
party or sinister views; that his sentiments of right and
liberty, were
formed on the revolution establishment, a plan successfully
adapted to the
improvement of a new country, or any country; that he was
notwithstanding
all this sometimes thought stiff and impracticable, but
chiefly on
account of his political attachments; yet that there were
instances, where
better knowledge of his principles, and the sincerity
with which he
acted, totally effaced those impressions, and left him
friends where
none were expected: Much of his time, we have seen, was long
devoted to the
publick, with a will to be useful, occasious were not
wanting;
West-Jersey and Pennsylvania,2 and New-Jersey after the
surrender, for
near twenty eight years successively, were repeated
witnesses of his
conduct in various capacities; he studied peace, and the
welfare of
mankind; but in some instances met with ungrateful returns; and
tho' his endeavours
did not altogether succeed to his mind, he survived
personal
accusation, in a great measure, with respect to himself; and as
to the publick,
just lived long enough to see it emerging from an
unpromising state
of litigation and controversy, to more quiet than had
been known for
many years: His three daughters, (who were all the children
he left)
intermarried with three brothers, of the name of Stephenson,
whose posterity
now reside in New-Jersey and Pennsylvania.3
In the latter end
of this year [1708] was a new return of members of
assembly; their
names were:
For the Eastern
division:Thomas Gordon, speaker; Thomas Farmer, Elisha
Parker, John
Royse, John Harrison, Benjamin Lyon, Gershom Mott, Elisha
Lawrence, John
Trent, William Morris, Enoch Machelsen, Eldridge.
For the Western
division: Thomas Gardiner, Thomas Raper, Hugh Sharp,
Nathaniel Cripps,
John Kay, John Kaighn, Richard Johnson, Nathaniel
Breading, Hugh
Middleton, John Lewis
This assembly
met, but upon the new governor's arrival, was dissolved.
1 At a council
held at Amboy, 28th of March, 1708. The petition of Edward
viscount
Cornbury, late governor of this province; setting forth, that he
had due to him,
sundry sums of money, for which he desired warrants, to
enable him, if
the revenue of this province was not able to pay the same,
he might demand
the same of her majesty, was read, and dismissed.
"Lord
Cornbury, (says a writer, well informd in his character) was no less
obnoxious to the people
of New-Jersey, than to those of New-York: The
assembly of that
province, impatient of his tyranny, drew up a complaint
against him,
which they sent home to the queen.
"Her majesty
graciously listened to the cries of her injur'd subjects,
divested him of
his power, and appointed lord Lovelace in his stead;
declaring, that
she would not countenance her nearest relations in
oppressing her
people.
"As soon as
my lord was superceded, his creditors threw him into the
custody of the
sheriff of New-York; and he remained there 'till the death
of his father,
when succeeding to the earldom of Clarendon, he returned to
England.
"We never
had a governor so universally detested, nor any who so richly
deserved the
publick abhorrence; in spite of his noble descent, his
behaviour was
trifling, mean and extravagant.
"It was not
uncommon for him to dress himself in a woman's habit, and then
to patrole the
fort in which be resided; such freaks of low humour exposed
him to the
universal contempt of the people; but their indignation was
kindled by his
despotick rule, savage bigotry, insatiable avarice and
injustice, not
only to the publick, but even his private creditors; for he
left some of the
lowest tradesmen in his employment unsatisfied in their
just
demands." Hist. of New-York, p. 116. He died in 1723. See notes in
the Art. Law.
Hyde, E. of Rochester, Biogr. Brit.
2 He lived some
years, and bore several important offices in Pennsylvania.
3 See various
accounts herein, beginning A.D. 1680.