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Cr. X.

EAST AND WEST JERSEY.

91

1672.

1676.

under a Dutch governor; but by the compelled to leave the province, had treaty of Westminster, concluded the gone to England, whence he shortly following year, it was agreed that all returned, invested with fresh powers. conquests were to be mutually restored: Soon after the taking of the

proNew York consequently again passed vince from the Dutch, Berkeley, into the hands of the English.

one of the proprietors, disposed of his The Duke of York obtained a new share of New Jersey to John Fenwick, grant, which both increased his territo- in trust for Edward Byllinge, of whom rial pretensions and gave him authority William Penn became one of the as"to govern the inhabitants by such or- signees. A dispute between the prodinances as he and his assigns should prietors was settled by the arbitration establish.” Accordingly he sent over of Penn, whose name now first appears Major Edmund Andros, to assume the in connection with American history, office of governor, to assert his proprie- and Carteret soon after consented to a tary rights, and consolidate his scattered formal partition of the province into territories under one uniform system of two parts, called East and West Jersey. administration. With this view, one The latter became a colony of Quakers, of the first proceedings of Andros was and together with liberty of an expedition to Fort Saybrook, with conscience, democratic equality a small force, in order to enforce the was established. Lovers of peace themclaim of the Duke to all such territory selves, they readily obtained the friendbetween the Hudson and the Connecti- ly regard of the Delaware Indians; cut, as had been settled by the citi- large numbers of the Quakers emizens of the latter State. He was as- grated; and the colony soon gave evitonished at the sturdy resolution of the dence of growth and prosperity. In Connecticut men, who refused even to 1682, East Jersey was purchased from listen to the reading of his commission, the heirs of Carteret, by twelve and without violence, but by a display Quakers, under the auspices of of power ;

which he was unable to resist, Penn; and in 1683, the proprietors havcompelled him to return disconcerted to ing increased their number to twentyNew York. There, too, he soon found four, obtained a new patent from the that there was quite as little disposition Duke of York. During the two folquietly to submit to the levying taxes lowing years, East Jersey afforded reby irresponsible authority, and a clear fuge to numbers of Scotch Presdetermination to obtain, if possible, the byterians, who had escaped for advantages possessed by the other Eng- their lives from the fierce onslaught and lish colonies under their chartered pri- proscription to which they had been vileges.

subjected at home. The dissension that had taken place Freedom of trade had been estabin New Jersey on the subject of the lished in New Jersey : this was, howquit-rents, has been spoken of above. ever, quite obnoxious to Andros, the Carteret, the governor, who had been governor of New York, and he at

1682

1693.

tempted to put a stop to it. He de- pelled to yield, and Dongan, a Roman manded payment of customs, asserted Catholic, was sent out as governor, emjurisdiction over New Jersey, seized powered to accede to the wishes of and tried Carteret, and kept him in the colonists, and to summon the freeconfinement until the matter could be holders to choose their representareferred to England. These high- tives. handed measures roused even the pa- Accordingly, on the 17th of October, cific Quakers to remonstrance. Penn 1683, a meeting was held of the first drew up a document, mild in tone, yet popular assembly in the State of New firm in asserting constitutional rights. York-consisting of the governor and By mutual consent, the disputed ques- ten counsellors, with seventeen deputies tion was referred to the decision of Sir elected by the freeholders. A declaraWilliam Jones, one of the most eminent tion of rights was passed ; trial by jury lawyers of the time. His opinion was was confirmed; and taxes henceforth unfavorable to the pretensions of the were to be levied only with the consent Duke of York, who thereupon, by a of the Assembly. Every freeholder fresh instrument, resigned all claim to was entitled to a vote for the repreboth West and East Jersey, which, sentatives; and religious liberty was left to develop the resources of the pro

declared. vince freely, continued steadily to in- Such was the spirit in which the Ascrease, and gave promise of its future sembly proceeded to exercise their newrank in the colonial family.

ly acquired powers. One of their acts Andros, on his first visit to England, was entitled “The Charter of Liberties had endeavored to convince the Duke and Privileges granted by his Royal of York that it would be necessary to Highness to the Inhabitants of New concede a system of self-government to York and its Dependencies." The the discontented colonists. On a sub- following year (1684) another sequent occasion his request was power- session was held, to the great fully seconded by symptoms of deter- satisfaction of the colonists; but soon mined opposition to the arbitrary levy afterwards the flattering prospect thus of taxes under the sole authority of the opened to them of redressing their own Duke. A jury in New York had by grievances, and of managing their own their verdict, declared that they deemed affairs, was interrupted by the accession this measure illegal, and the same opin- of the Duke of York to the throne of ion was expressed by the lawyers in England, under the title of James II. . England. Overwhelmed with fresh pe- Dongan had a new commission granted titions from the council, court of assize, him, by which he was authorized, and corporation, praying that they | with his council, to enact laws, might participate in the government, to continue the taxes already imposed, a request reinforced by Penn, whose and if he saw fit, to impose additional influence with him was considerable, taxes. As in the case of Effingham in the Duke of York was at length com- | Virginia, he was specially charged to

1684.

1685.

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Condition of the New England colonies in 1640 — Fundamentals, or Body of Liberties - Its provisions - Annexa.

tion of New Hampshire -- Articles of Confederation of United Colonies of New England - Religious troubles in Massachusetts - Anabaptist sect – Gorton's heresy - Death of Miantonimoh - Sympathy with the Parliament party - Resistance to interference Roger Williams's voyage to England - Obtains a charter Providence Plantations - Intolerant spirit of the theocratic party - First execution for witchcraft — Death of Winthrop — Rise of Quakers Persecution Execution of Quakers --- The magistrates' defence -- End of the troubles - Eliot and his labors - Prosperity of the colonies - Progress in morals, social life, education, etc.

1640.

The political changes in England, | fall in the prices of the main articles consequent upon the success of the on which the colonists depended, espe

Parliament in its contest with cially in the articles of cattle and corn;

Charles I., put a sudden stop to and the difficulty of settling accounts emigration, and for a time had a serious and defraying debts was correspondeffect upon the fortunes of the New ingly great. Several provisions were England colonies.* There was a great made by the authorities to meet the

emergency, and beavers' skins, wam* "Now that fountain began to be dried, and the pum,* etc., were used as currency in stream turned another way, and many that intended place of coin. New kinds of industry to have followed their neighbors and friends into a were also attempted under the pressure land not sown, hoping by the turn of the times, and

of this state of affairs, such as fisheries, the great changes that were then afoot, to enjoy that at their own doors and homes, which the other had ship-building, cultivation of hemp and travelled so far to seek abroad, there happened a total flax, manufactures of linen, cotton and cessation of any passengers coming over; yea, rather, woolen cloths, etc. as at the turn of a tide, many came back with the help of the same stream, or sea, that carried them A call on the part of the freemen, thither ; insomuch, that now the country of New jealous of the arbitrary, undefined England was to seek of a way to provide themselves

powers and prerogatives of the magiof clothing, which they could not attain by selling of their cattle as before ; which now were fallen from that huge price forementioned; £25, first to £14, and * Wampum: the wampum, or peage, consisted of £10, an head, and presently after (at least within a cylindrical beads half an inch long, of two colors, year) to £5 a piece; nor was there at that rate ready white and bluish black, made by the Indians from vent for them neither."-Hubbard, p. 238.

parts of certain sea shells.

1641.

1643.

strates, resulted in the preparation of necessary punishments, might be so con

a collection of laws, known as sidered. The liberties of women, chil

"Fundamentals,” or “Body of dren, and servants, are defined in a more Liberties.” Of these, the rough draft, benevolent spirit, in harmony with the having been prepared by the council, milder provisions of the Mosaic code, was sent round and submitted, first to so constantly referred to by those who the local magistrates and elders, then to framed the body of Fundamentals. the freemen at large, for due considera- New Hampshire, still in its infancy, tion and improvement; and having been sought and obtained annexation, on thus decided upon, they were at length favorable terms, to its powerful neighformally adopted. After three years' bor Massachusetts. Not long after, in trial they were to be revised, and final. 1643, the various settlements and colly, established. These laws, about a onies in New England, feeling the need hundred in number, are characteristic of mutual aid and support, determined and curious. The supreme power was to enter into arrangements by which still to reside in the hands of the church this end could be effectually attained. members alone; universal suffrage was Accordingly a confederation was not conceded, but every citizen was al- formed, under the name of “The lowed to take a certain share in the United Colonies of New England." It business of any public meeting. Some consisted of the colonies of Massachudegree of liberty was granted to private setts, New Plymouth, Connecticut, and churches, and assemblies of different New Haven. By the articles of conChristians, but the power of veto was federation, these colonies entered into a still vested in the supreme council, who firm and perpetual bond of friendship might arbitrarily put down any proceed- and amity, for offence and defence, muings which they deemed heterodox and tual advice and succor, upon all just ocdangerous, and punish or expel their casions, both for preserving and propaauthors. Strangers and refugees pro- gating the truth and liberties of the Gosfessing the true Christian religion were pel, as they interpreted it, and for their to be received and sheltered. Bond- own mutual safety and welfare. Each slavery, villanage, or captivity, except colony was to retain its own jurisdiction in the case of lawful captives taken in and government; and no other plantawar, or any who should either sell tion or colony was to be received as a themselves or be sold by others, were confederate, nor any of the two confedto be abolished. Injurious monopolies erates to be united into one jurisdiction, were not to be allowed. Idolatry, without the consent of the rest. The witchcraft, and blasphemy, or wilful affairs of the United Colonies were to disturbing of the established order of be managed by a legislature, to conthe state, were punishable with death. sist of two persons, styled commissionAll torture was prohibited, unless whip-ers, chosen from each colony. The ping, ear-cropping, and the pillory, commissioners were to meet annually which were retained as wholesome and in the colonies, in succession, and when

CA. XI.]

THE UNITED COLONIES OF NEW ENGLAND.

95

met, to choose a president, and the de- In this connection, the language of termination of any six was to be bind- Chalmers deserves to be quoted: “The ing on all.* This confederacy, which principles upon which this famous aswas declared to be perpetual, continued sociation was formed were altogether essentially the same until the time when those of independency, and it cannot James II. deprived the New England easily be supported upon any other. colonies of their charters.

The colonies of Connecticut and New

Haven had at that time enjoyed no * “ These commissioners had power to hear, ex- charter, and derived their title to their amine, weigh, and determine, all affairs of war or soil from mere occupancy, and their peace, leagues, aids, charges, and number of men for war, divisions of spoils, and whatsoever is gotten by powers of government from voluntary conquest, receiving of more confederates for planta- agreement. New Plymouth had actions into combination with any of the confederates, quired a right to their lands from a and all things of a like nature

, which are the proper grant of a company in England, which concomitants and consequences of such a confederation for amity, offence and defence, not intermeddling conferred, however, no jurisdiction. with the government of any of the jurisdictions, which, And no other authority, with regard to by the third article, is preserved entirely to them

the making of peace, or war, or leagues, selves. The expenses of all just wars to be borne by each colony, in proportion to its number of male in- did the charter of Massachusetts convey, habitants, of whatever quality or condition, between than that of defending itself, by force the ages of sixteen and sixty. In case any colony should be suddenly invaded, on motion and request

of arms, against all invaders. But, if of three magistrates of such colony, the other con- no patent legalized the confederacy, federates were immediately to send aid to the colony neither was it confirmed by the approinvaded, in men, Massachusetts one hundred, and

bation of the governing powers in Engthe other colonies forty-five each, or for a less number, in the same proportion. The commissioners, land. Their consent was never applied however, were very properly directed, afterwards, to take into consideration the cause of such war or inva for, and was never given. The various sion, and if it should appear that the fault was in the colonies, of which that celebrated league colony invaded, such colony was not only to make was composed, being perfectly indesatisfaction to the invaders, but to bear all the ex

pendent of one another, and having no penses of the war. authorized to frame and establish agreements and other connection than as subjects of the orders in general cases of a civil nature, wherein all same crown, and as territories of the the plantations were interested, for preserving peace

same state, might, with equal propriety among themselves, and preventing, as much as may be, all occasions of war, or difference with others, as and consistency, have entered into a about the free and speedy passage of justice, in every similar compact with alien colonies or jurisdiction, to all the confederates equally as to their

a foreign nation. They did make treaown, receiving those that remove from one plantation to another, without due certificates. It was also very

ties with the neighboring plantations wisely provided in the articles, that runaway ser- of the French and Dutch; and in this vants, and fugitives from justice, should be returned to the colonies where they belonged, or from which light was their conduct seen in England, they had fled. If any of the confederates should vio- and at a subsequent period did not fail late any of the articles, or in any way injure any one to attract the attention of Charles II."* of the other colonies, such breach of agreement, or injury, was to be considered and ordered by the commissioners of the other colonies." --Pitkin's "Political * Chalmers's “Political Annals," book i., chap. viii., History," vol. i., p. 51.

p. 178. See also the same writer's "Introduction to

The commissioners were also

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