CHAPTER XIV.

RESUMPTION OF GOVERNMENT IN EAST JERSEY.-RESUMPTION IN

WEST JERSEY.-FINAL SURRENDER.

1

Ar the first rumor that the Prince of Orange had landed in England, a flame burst out in the American colonies. In Boston the people assembled in arms, and those "public robbers," as Andross and those who had acted under him were called, were seized and made prisoners, and Andross himself was soon afterwards stripped of all his authority. The Governor and Magistrates of the colony, with Representatives from the town, assumed the government until the pleasure of the new King should be known. The new Monarch approved of their proceedings, and directed them to continue the administration of government until the same could be settled in a manner most conducive to his service and the security and satisfaction of the colony. Connecticut obtained the opinion of three of the most eminent lawyers in England, that their involuntary submission to the government of Sir Edmund Andross did not invalidate their charter; and that the same, not being surrendered under the common seal, and such surrender duly enrolled of record, nor any judgment entered against it, the corporation might lawfully execute the powers and privileges thereby granted. Hence this colony as well as Rhode Island, continued their old forms of government under their charters. It is possible that had a course of proceeding like to that pursued in these colonies, been entered upon in East New Jersey, a similar result might at once have been reached. But the situation of affairs was such as to prevent a decisive attempt. There was a lack of unity in action, if not of feeling, in the body of proprietors, arising in part from their local division. It is probable too, that

1

1 Judgment having been actually rendered against Massachusetts, its former charter was not finally restored. Pitkin's History, vol. 1, p. 120.

the prevailing influence, so far as it could be gathered, was rather in favor of quiet and peace. Barclay, the Governor, was not of a nature to urge or direct a struggle for political advantages. Beside this, although the late King had but illy deserved their kindness, there yet existed a lingering attachment to him as the original grantor of the province, and some reluctance was felt to make an application to the Prince who had driven him from his dominions and his throne. But more than all, there was a want of interest and attachment between the proprietary body and the people themselves. The government had not acquired a hold upon the affections of the colonists; many of the inhabitants indeed were really averse to the existing authorities, and therefore if no direct attempts opposing a restoration of the government were made, nothing was done by the people to promote it. In consequence, a kind of negative position was maintained for a time; the course of events was awaited.

In May, 1689, a summons was received from the Lieutenant of Andross, (who was yet at the head of affairs in New York,) requiring the authorities of East Jersey to attend a conference in relation to the state of the government. Hamilton, the Deputy Governor, (who had been continued in office,) with a number of the Justices of the province, complied with the call, but no decisive determination was arrived at. Feeling the difficulty of his position, Hamilton resolved upon a voyage to England, in order to consult with the proprietors there, and to agree upon a course which should determine his future proceedings. He departed from the province in August, 1689; he left no deputy, but continued to retain his authority. On his voyage he was taken prisoner by the French and was detained for a time, and upon his arrival in England, his office as Deputy Governor was resigned. On account of these occurrences the province of East Jersey was left for a period without a regularly appointed head to direct the proceedings of government. But the several officers that had formerly been appointed, remained in their places, and continued in the exercise of their duties; the machinery of government con

129.

He appears to have been in office so late as May, 1690. Whitehead, p.

tinued in action although it had become imperfect in form. After the resignation of Hamilton and the death of Governor Barclay, (which latter event took place on the 3d of October, 1690,) it became necessary that some decisive measures should be taken for the maintenance of order. The entire success of the attempts in other colonies for a full restoration of their former privileges and rights may have strengthened the resolves of the proprietary body; accordingly, they resumed the direction of affairs, and proceeded to re-establish the government of the province. They appointed John Tatham as Governor. But the want of agreement between the proprietors and the people, created an early impediment. Whether the inhabitants preferred a continuance of their former situation to a renewal of the proprietary government, or whether there were solid objections to the present appointment sufficient to warrant opposition, is not easily determined. But Tatham was not accepted in the province; the people declared that they "scrupled to obey." In the following year Colonel Joseph Dudley was appointed; he met, however, with the same reception from the people as his immediate predecessor. But this difficulty was finally removed. On the 25th of March, 1692, Andrew Hamilton, the former Deputy Governor, who still continued in England, received from the proprietors the appointment of Governor. During his former residence in the province, the prudence and steadiness he had manifested, had rendered him acceptable to the people, and his present appointment and return, contributed in a great degree, to the firmer establishment of the proprietary government. John Barclay, a brother of the late Governor, who had resided

3 Some authors have represented that a complete suspension of all government took place at this time, the people being in this respect, merely in “a state of nature." But such representations are not strictly just. The suspension of government was never complete, and within the period of partial interruption, both Tatham and Dudley were appointed to office, but were rejected by the people. Whitehead, p. 130.

4

Tatham was appointed nearly at the same time to be Governor of West Jersey, where he resided, but was there rejected on account of his "Jacobite principles." This was probably the ground or the pretence of his rejection in the other province; whether any such suspicion attached to Dudley does not

appear.

for some years in the province, was appointed Receiver and Surveyor General, and to complete the number of officers, Thomas Gordon was placed in office as Secretary and Register, being the Deputy of William Dockwra, who held the chief place under the proprietors, in England.

Governor Hamilton arrived in the province in September, and his reception was such as to go far towards relieving the colonists from the suspicion of factious opposition to the government, which their previous course might possibly have raised. The Governor entered at once upon the duties of his office, and appointed his Council from among the most prominent men of the province.5

On the 28th of September, 1692, the General Assembly convened. The general interests of the colony were brought into notice, and various acts were passed to meet the circumstances existing at the time. The scruples or questions that might have arisen, on account of the several changes that had occurred in the government of England and of the province, were forestalled, by a general confirmation of previous enactments, excepting only such laws as had been formerly, or were now expressly repealed.

For a time, an appearance of settlement and quiet was exhibited in the province, but it was soon interrupted by other events. The old subject of dispute relating to the titles of land was again revived. Although this question had been repeatedly and definitely settled. by declarative acts of the proprietors, and of the Assembly, it still had not been brought to the notice of the courts, and no judicial opinion had yet been given. But in 1695 the matter was formally determined in the courts of the province, and a judgment was given adverse to the party claiming by the Indian right. But the decision failed to produce the effect that might have been hoped, and that might been expected. An appeal was taken to the King in Council, and there, upon the ground of some informality in the previous proceeding, the decision of the provincial court was annulled; and thus this fruitful source of dissension was opened afresh. Increased unsettlement was the consequence.

They were Captain Isaac Kingsland, Andrew Bowne, John Inians, David Mudie, James Dundas, John Royce, Samuel Dennis, John Bishop, and Lewis Morris.

Not long afterwards another unfavorable circumstance occurred. Governor Hamilton was in general favor with the people, and had also acted with faithfulness toward the proprietors; and his continuance in office seemed likely to be highly beneficial in effecting a restoration of order and harmony. But in 1697, a law had been enacted by the English Parliament requiring that all proprietors of colonies should present their respective Governors to the King for his approval, and that no other than a natural born subject of England should be admitted to serve in any public places of profit and trust. The law itself was an exhibition of contracted policy, and it was complied with by the proprietors of East Jersey with a degree of promptitude that would almost warrant a charge of extreme subserviency. Without awaiting the decision of the King in the case of Hamilton, (who was a native of Scotland,) they at once removed him from office. Notice was given to the Council of the removal, accompanied by a declaration that it was considered unavoidable, and was much against the inclination of the proprietors. It proved to be greatly injurious to their interests.

Jeremiah Basse was appointed as the successor of Governor Hamilton; he produced his commission to the Council of the province on the 7th of April, 1698. It was understood that the assent of the King had been given to the appointment. The new functionary entered upon his duties by publishing a proclamation directed to the officers and people of the province. It set forth the importance of an orderly and moral deportment for the preservation of peace, and for the support of the government of his Majesty, who it was said, "hath so often exposed his Royal person to eminent danger, to reduce us from the growing power of Popery and arbitrary government." All persons were prohibited from cursing, swearing, intemperance, and other immoralities which were named; and all officers were commanded to enforce the laws against such as should offend. But no long time elapsed before difficulties began to arise. It was discovered that the Governor's appointment had not been approved by the King, as had been represented at the time. Beside this, the necessary confirmation from the

The proprietors afterwards stated in a petition; that upon the appointment