A Remonstrance of the Assembly of Nova Caesaria or New-Jersey, To his Excellency the Lord Viscount Cornbury Capt. General & Governor in Chief of the said Province.
WE her Majestys loyal subjects, the Representatives of the Province of New-Jersey, are heartily sorry, that instead of raising such a Revenue as is by the Governour (as we suppose by the Queens directions) required of us, we are obliged to lay before him the unhappy Circumstances of the Province: It is a Task we undertake not of choice, but necessity, and have therefore reason to hope, that what we say, may meet with a more favourable reception.
We pray the Governour to be assured, its our misfortunes extorts this procedure from us, and that we should betray the trust reposed in us by our Country if we did not endeavour to obtain Relief.
The Governours promises encourages us to hope, he will not be deaf to our intreaties, nor by his denyal render our attempts, for the best ends, fruitless
We may not, perhaps, rightly apprehend all the causes of our sufferings, but have reason to think some of them are very much owing to the Governours long absence from this Province▪ which renders it very difficult to apply to him in some cases that may need a present help.
It were to be wished, that the affairs of New-York would admit the Governour oftner to attend those of New-Jersey, he had not then been unacquainted with our Grievances, and we are inclin'd to believe they would not have grown to so great a number.
His Excellency's Answer to the said Remonstrance, Given to the said Assembly at Burlington, on Monday the 12th day of said May, 1707.
ON Thursday last I receiv'd a Paper from you [...] which you call a Remonstrance. I then told you it was of an extraordinary nature, and contain'd many particulars, which tho' they lay open enough to receive an immediate Answer, yet because I would not put it in your power to say, I had given you a rash inconsiderate Answer, I would make no return to it till the Saturday following, at which time I sent you word by the Secretary that I would not expect your attendance till this day.
I shall not take notice of any thing in your Preamble, but the two last Clauses of it; In the first of which you say, ‘That you have reason to think that some of your Sufferings are owing to the Governours long absence from this Province, which makes it very difficult to apply to him in some cases that may need a present help.’
This is so far from being true, that besides my being in this Province twice every year, and have never staid less than a Moneth, sometimes six weeks or more, the Post goes every week to New-York, by which I may easily be informed of any emergency; moreover, the Lieut Governour, Coll Ingoldsby, resides constantly in this Province, and would certainly have done right to any persons that would have complained to him; which makes this Allegation appear very frivolous.
In the next Clause you say, ‘It were to be wished, that the affairs of New-York would admit the Governour oftner to attend those of New-Jersey.’
The affairs of New-York have never hindered the Governour from attending those of New-Jersey whenever it has been requisit. And I may safely say, that I don't know of any Grievance this Province labours under, except it be the having a certain number of People in it, who will never be faithful to nor live quietly under any Government, nor suffer their neighbours to enjoy any peace, quiet or happiness, if they can help it.
Remonstrance.
I. It is therefore in the first place humbly represented to the Governour's consideration, that some persons under sentence of Death for Murder, have not only remained till this time unexecuted (they being condemned not long after Lord Cornbury's accession to this Government) but often have been suffered to go at large. It is possible the Governour has not been informed, that one of these persons is a Woman who murther'd her own Child, another of them a Woman who poyson'd her Husband; the keeping of them so long has been a very [Page 2] great charge, and how far its a Reflection on the publick Administration, to suffer such Wretches to pass with impunity, we dare not say. But sure the Blood of those Innocents crys aloud for Vengeance, and just Heaven will not fail to pour it down upon our already miserable Country, if they are not made to suffer according to their demerits.
His Excellency's Answer.
Now I begin with your Articles.
1st. Two Women have been condemned for Murder and have not been executed, there having appeared most notorious Malice and Revenge in some People who were zealous in those Prosecutions. The Queen is the fountain of Honour, Justice and Mercy, and as she is so, she may, when she pleases, exert her Mercy in either reprieving or pardoning any Criminal, that Power of Pardoning & Reprieving, after Condemnation, the Subjects of this Province, her Majesty has been pleased to entrust me with, & I am in no wise accountable to any person or number of persons whatsoever for what I do in those matters, except to the Queens Majesty alone.
[Page 2] As for what you say with relation to the apprehensions you have, that just Heaven will not fail to pour down Vengeance upon your already miserable Country, if these Criminals are not made to suffer according to their demerits.
I am of opinion, that nothing has hindered the Vengeance of just Heaven from falling upon this Province long ago, but the infinite Mercy, Goodness, Long-suffering and Forbearance of Almighty God, who has been abundantly provoked by the repeated crying sins of a perverse Generation among us, and more especially by the dangerous and abominable Doctrines, and the wicked Lives and Practices of a number of People, some of whom under the pretended Name of Christians, have dared to deny the very essence and being of the Saviour of the World.
Remonstrance.
2dly. We think it a great hardship that persons accused for any Crime, should be obliged to pay Court Fees, notwithstanding the grand Jury have not found the Bill against them: They are men generally chosen out of the Neighbourhood, and should be the most substantial Inhabitants, who cannot well be supposed to be ignorant of the Character of the Person accused, nor to want as good Information as may be had; when therefore they do not find the Bill, its very reasonable to suppose the accused Person innocent, and consequently no Fees due from him. We pray therefore that the Governour may give his assent to an Act of Assembly, to prevent the like for the future, otherwise no persons can be safe from the Practices of designing men, or the wicked effects of a vindictive Temper.
His Excellency's Answer.
2dly. It is a strange thing that such an Assembly of Men as the Representatives of the People of this Province are, or ought to be, should complain of any thing under the Name of Hardship, before they had informed themselves whether the thing they had a mind to complain of, were really a hardship or not. This is plainly your case at this time; for if you had asked any man that knows any thing of the Practice of the Law in England, you would have found, that if any Proceedings have been carried on against any Persons supposed to be guilty, they have always paid the Court Fees, notwithstanding the grand Jury have not found the Bill. This is so known a Practice, that it is not to be disputed; but when men will intermeddle with, or pretend to things which they neither know nor understand, they cannot fail of misguiding themselves, and mis-leading those that have a mind to be guided by them.
Indeed, if Juries in this Country were as they ought to be, the supposition might be in some measure allowed, but we find by woful experience, that there are many men who have been admitted to serve upon Grand and Petty Juries, who have convinced the world that they have no regard for the Oathes they take, and especially a sort of People, who under pretence of Conscience, refuse to take an Oath, and yet many of them under the cloak of a very solemn Affirmation, dare commit the greatest Enormities, especially if it be to serve a Friend, as they call him; and these are the designing Men and the vindictive Tempers, of which all the Queens good Subjects ought to beware, and be protected from: And these are the crying sins which will undoubtedly draw down the Vengeance of just Heaven upon this Province and People, if not timely and seriously repented of.
Remonstrance.
3dly. The only Office for Probate of Wills being in Burlington, it must be very expensive and inconvenient for Persons, who live remote, to attend at it, especially for the whole Eastern Division. We therefore pray the Governour to assent to an Act to settle such an Office in every County, or at least in each Division of this Province, and that the Officers may be men of good Estates and known Integrity in the said County or Division.
His Excellency's Answer.
3dly. If I should perswade my self to wonder at any of the Enormities contained in this Remonstrance (and which I would do, if it came from any other men) it should be at this, because no reasonable man can easily perswade himself to believe, that a number of men chosen by their Country to represent them, would presume to complain of a thing as a Grievance, when the thing complained of, is, in fact, not true; for the Office of Probate of Wills, is where-ever the Governour is, consequently not at Burlington only. Ever since the Queen has done me the honour to entrust me with the Government of this Province, I have never failed of being in the Province twice every year, once at Burlington and once at Amboy, except the last year, that I had the unspeakable misfortune of loosing a Wife whom I loved as much as my own Soul, after a very long tedious Sickness, during which, I am perswaded, no reasonable man could expect I would leave her for any time; and yet notwithstanding that, I was twice at Amboy last year, where any body, that had a Will to prove, might have had it done, if they pleased; besides my being twice every year in the Province, considering the remoteness of Cape-May County, and the County of Salem, I did appoint a Surrogate at Burlington, before whom any of the Inhabitants of either Division, might have had their Wills proved. I did not think it necessary to appoint one in the Eastern Division, [Page 3] because the Inhabitants of that Division, who are most remote from New-York, are within a very easie days Journey of my Surrogate at Burlington, and much the major part of the People of that Division, are within a very small days Journey of New-York, where their private affairs daily calls many of them, and where any of them may have their Wills proved, without any injury to or incroachment upon their Properties, Rights or Priviledges. This is so certain a truth, that I am perswaded all judicious and impartial men will look upon this Complaint to be malicious, scandalous and frivelous, contrived only to amuse poor ignorant People with notions of Grievances, when, in truth, there is no manner of cause of Complaint. Besides, what you desire is a direct Invasion of the Queens Prerogative; for it belongs to her Majesty alone to appoint who shall be Probate of Wills, and grant Letters of Administration, and that Power the Queen has been pleased to vest in the Governour; and I am sure that I will never so far betray the trust her Majesty has honoured me with, as to sacrifice her Prerogative Royal to the humors of any person or persons whatsoever. But of all the People in the World, the Quakers ought to be the last to complain of the hardships of travelling a few Miles upon such an occasion, who never repine at the trouble and charges of travelling several hundreds of Miles to a yearly Meeting, where it is evidently known, that nothing was ever done for the good of the Country, but on the contrary, continual Contrivances are carried on for the undermining the Government both in Church and State.
Remonstrance.
4thly. That Secretary's Office is not also kept at Amboy, but that all the Eastern Division are forced to come to Burlington, that have any business at the said Office, is a Grievance which we hope the Governour will take care to redress, it seeming inconsistent with the present Constitution of Government established by the Queen, which doth not admit one of the Divisions of this Province, to enjoy more Priviledges and advantages than the other. We therefore intreat the Governour not to take it amiss, that we desire his assent to an Act to be past, to oblige the Secretary to keep his Office at both places.
His Excellency's Answer.
4thly. You have had as little regard to the truth of matters of fact in this Complaint, as in some of the rest; for it is certain that the Secretary's Office is kept at Amboy as well as at Burlington, as far as the nature of the thing requires, and it can admit of; for the Records of the Eastern Division are kept in the eastern Division, or at least so many of them as the Agent for the Proprietors of that Division, could hitherto recover from one Thomas Gordon, into whose hands they were put in the time of the Proprietary Government, and who has imbezelled several of them, for which he must be answerable. There is a Supream Court held once every year at Amboy, there is no more at Burlington; so that one Division does not enjoy more Priviledges and Advantages than the other: And you have no more reason to desire a Secretary's Office to be settled at Amboy, than the People of the County of Cumberland would have to desire a Secretary of State's Office to be settled in their County, because it is a great way for them to travel to London, when they have any business in the Secretary's Office. The thing is inconsistent in itself to have two Secretary's Offices in the same Province, and consequently unreasonable, and I am pretty well satisfied, without President; besides, I don't know any body that can claim the right or power of appointing a Secretary in this Province, but the Queen, and she has been pleased to appoint one under the great Seal of England, and her Majesty is pleased to think one sufficient, as undoubtedly it is; but if you had thought, that another had been necessary, it would have been much more modest to have acquainted me with it, that I might have humbly represented it to her Majesty, rather than to have Remonstrated that as a Grievance, which is done in pursuance of the Queens Commands; but this is of the same nature with the rest of your Complaints, Contriv'd on purpose to amuse poor ignorant People with a notion of Grievances, when, in truth, there is not the least colour of Cause of Complaint.
Remonstrance.
5thly. The granting of Patents to cart goods on the Road from Burlington to Amboy, for a certain number of years, and prohibiting others, we think to be a great grievance, that it is contrary to the Statute, 21 Ja. 1. [...]n. 3. against Monopolies, and being so, we doubt not will easily induce the Governour to assent to an Act, to prevent all such grants for the future, they being destructive of that Freedom, which Trade and Commerce ought to have.
His Excellency's Answer.
5thly. I could wish, (since you had a mind to colour this Complaint with the Authority of an Act of Parliament in England) that you had advised with some Lawyer, to know whether this could be any way brought under that Statute, or can by any Construction in the world be call'd a Monopoly; I am apt to believe, those Gentlemen would have told you, it could not. Nothing can properly be call'd a Monopoly, but where a man engrosses a Commodity into his own hands, and imposes what unreasonable Prices he pleases upon that Commodity; or where a man is suffered to enjoy any Trade or Occupation, exclusive of others, to the prejudice of the Publick, or particularly to the hindering or burthening of Trade. The thing now complained of is so far from being of that nature, that it is directly contrary▪ for by the Patent now complained of, the Subjects of this Province have the conveniency of sending such Quantities of Goods to and from Burlington and Amboy, as their private occasions, or the nature of their Trade may require, it reasonable and [Page 4] certain Rates, and at certain Times, which they could never do before; for before the settling of this Waggion, if any Person had occasion to send any Goods to or from either of these places, they were forced to hire a Waggion, though perhaps they had not the tenth part of a Load, and were forced to pay such Rates as the owner of the Waggion thought fit to impose upon them; whereas at present every body is [...] once a Fortnight to have an opportunity of sending any quantity of Goods, great or small, at reasonable Rates, without being in danger of being imposed upon at the will of the owner of the Waggion. And the settling this Waggion is so far from being a Grievance, or a Monopoly, that by this means, and by no other, a Trade has been carried on between Philadelphia, Burlington, Amboy and New-York, which was never known before, and in all probability would never have been, had it not been for this certain convenient way of sending such quantities of Goods, as People pleased, from place to place. And in all the parts of Europe, the having publick Carriages for Goods, has always been esteemed of absolute necessity, and the want of them has been looked upon as a hardship. But it seems those things which in the wisest and best Governments in Europe have not only been thought convenient, but esteemed of absolute necessity, are found out by some of our wiser People here, to be Grievances and Monopolies▪ This being undoubtedly true, it is plain, the Patent complained of cannot come within the Statute of the 21 Ja. 1. cap. 3. This, I believe, will be sufficient to convince all reasonable men, how frivolous and unreasonable this Complaint is. I shall observe, that when I was first applyed to for a Patent for the allowing this Waggion, which was by one Dell(a man, who, in Coll.Hamilton's time, was permitted to drive a Waggion for the carrying of Goods, though under no regulation, either with respect to time of going, or Prices for carrying goods, and then was no Monopoly) before I would grant it, I did acquaint the Council with it, and desired them to let me know if they apprehended any inconveniency in granting such a Patent: Those Gentlemen were all of opinion, there could be no inconveniency in it, but rather a great conveniency; and indeed experience has proved that Opinion to be true; Nay, Mr. Lewis Morris himself, the chief promoter of these unreasonable and frivolous Complaints at this time, who had the honour then to be one of her Majesties Council, expressed himself very fully to this purpose; indeed if that Gentleman had ever been consistent with himself in any two Actions of his [...] I should wonder how he could so soon alter his Opinion in a case of that nature; but his behaviour at all times having fully convinced the world, that he never was so, makes me cease wondering.
Remonstrance.
6thly. Establishing Fees by any other Power or Authority then by the Governour, Council and Representatives met in General Assembly, we take to be a great grievance, directly repugnant to Magna Charta, and contrary to the Queens express directions in the Governours Instructions which says, You are to take care, that no Man's Life, Member, Free-hold or Goods, be taken away or harmed in our Province under your Government, otherwise then by established and known Laws, not repugnant to, but as much as may be agreeable to the Laws of England. We therefore pray that the Governour will assent to an Act to be passed to settle Fees, without which we think no more can be legally demanded than the Persons concerned by agreement oblige themselves to pay.
His Excellency's Answer.
6thly. This Clause of your Remonstrance is, indeed of a more extravagant Nature than the former; for you presume to call that a great Grievance, and affirm it to be directly repugnant to Magna Charta and contrary to the Queens express Directions in the Governours Instructions, which is most certainly exactly pursuant to, and in obedience of the express words contained in the Queens Instructions to the Governour. So that you make the Governour's faithful obedience to the Instructions the Queen has honoured him with, to be a great Grievance; which is no less than accusing her most Sacred Majesty, the best of Queens, of commanding her Governour to do things which in themselves are great Grievances. How grateful a return this is to her Majesty, for the repeated favours she has been pleased to shew to this Province and People, let the world judge. That Clause of my Instructions which you recite in this Article, has no manner of relation to Fees. Indeed, there is another Clause in my Instructions, which directs how, and by whom all Fees shall be settled, and the Queens Commands have been observed. The words of the Clause are these, ‘And you are, with the advice and consent of our said Council, to take special care to Regulate all Salaries and Fees belonging to places, or paid upon Emergencies, that they be within the bounds of Moderation, and that no Exaction be made on any occasion whatsoever; as also, that Tables of all Fees be publickly hung up in all places where such Fees are to be paid. And you are to transmit Copies of all such Tables of Fees to Us, and to our Commissioners for Trade and Plantations, as aforesaid.’ And I challenge every one of you, and all Mankind, to shew how, where and when any Mans Life, Member, Free-hold or Goods have been taken away or harmed in this Province since it came under her Majesties Government, otherwise than by established and known Laws, not repugnant to, but as much as may be, agreeable to the Laws of England.
Remonstrance.
7thly. The Governours putting the former publick Records of the Eastern Division of this Province into the hands of Peter Sonmans, the pretended Agent of the Proprietors, one that doth not reside in the Province, nor has not given security for the well and true keeping of them, as is by the Queen directed, and keeps them so that Her Majestys Subjects cannot have recourse to them, and their being carried out of the said Division, is a great and crying grievance; they are the only Evidences, that one half of this Province has to prove the Titles of their Estates; and this House is humbly of opinion, that they ought to be so kept, that Persons may have recourse to them, and in the hands of such of whose Fidelity there is no reason to doubt. This being a thing so reasonable, encourages us to Request the Governour to assent to an Act to be passed, to put them in proper hands for the future, that the Country may not be under the same disappointments they now are.
These, Governour, are some of the Grievances this Province complains of, and which their Representatives desire may be redrest, but there are others of an higher nature, and attended with worse consequences: They cannot be just to the Governour, themselves, or their Country, should they conceal them. We did expect when the Government of the Jerseys was surrendered, to hear of the benign influences of the Queens mild Government, under Her more immediate administration, and to be protected in the full injoyment of our Liberties and Properties, the last of which we thought our selves something more secure in, then some of the Neighbouring Plantations, and had an intire dependance, that Her Majestie's Royal Bounty and Goodness wou'd never be wanting to make us easy and happy, even beyond our Wishes.
It's our misfortune that we must say, the Success has not answered the Expectation, and the Queens Subjects here have felt the Reverse of what they had most reason to hope, That greatest and best of Princes, is, without peradventure, ignorant of our Pressures, or we had long since had Relief: She is too good to continue even the deserved Sufferings of the Miserable, and has more of Heaven in Her than not to hear the Cry of those that groan under Oppression, and the unkind effects of mistaken Power, to whom we owe our Miseries; and what they are, the sequal shews.
His Excellency's Answer.
7thly. When I first read this Clause I could not imagine what it was put in for, unless it were on purpose to arraign the Queens express Commands to me. First, Mr. Sonmans is not the pretended Agent, but is lawfully constituted Agent for the Proprietors of the Eastern Division of this Province, and has qualified himself according to the Queens Instructions to me, and he does reside the greatest part of his time in this Province. The Records are not carried out of the Eastern Division unless it be those which Tho. Cordon has imbezled; but those that came to the hands of Mr. Sonmans are kept at Amboy, where any body may have recourse to them, that will desire it, at any seasonable hour; and the Count [...] is not under any disappointment upon that account: Besides, the Records of the Eastern Division were put into the hands of the Proprietors Agent by an order from England, upon a Complaint made in England, that the Records were not in the hands of the Proprietors Agents.
This is certainly one of the boldest Assertions that ever was made, especially when there appears no manner of Proof to make it out. When I read these two Clauses; for there are two before you come to enumerate these Grievances of an higher Nature, and attended with worse Consequences, I expected to have found my self, or some other Persons intrusted with me in the Administration of the Government over her Majesties Subjects in this Province, not only accused, but made plainly appear by undeniable manifest Proofs, beyond the possibility of a Contradiction, to be guilty of the most enormous Crimes. Who can imagine, when such a Body of Men as the Representatives of a Province, venture to say, ‘That they did expect when the Government of the Jerseys was surrendered, to feel the Influences of the Queens mild Government under her more immediate Administration, and to be protected in the full Enjoyment of their Liberties and Properties, the last of which they thought themselves something more secure in, than some of the Neighbouring Plantations, and had an entire dependance, that her Majesties Royal Bounty and Goodness would never be wanting to make them easie and happy▪ even beyond their wishes: Its their misfortune that they must say, The Success has not answered the Expectation, and the Queens Subjects here have felt the Reverse of what they had most reason to hope. That greatest and best of Princes, is, without all peradventure, ignorant of their Pressures, or they had long since had Relief: She is too good to continue even the deserved Sufferings of the Miserable, and has more of Heaven in Her than not to hear the Cry of those that groan under Oppression, and the unkind Effects of mistaken Power, to whom they owe their Miseries.’ Who would not, I say, after such Assertions, expect to see the Governour proved guilty either of Treason or betraying the Trust reposed in him by the Queen▪ by depriving the Subjects of their Lives, their Estates or Properties, or at least denying them Justice, and perverting the Laws to the Oppression, instead of administring them for the Protection and Preservation of the People committed to his Charge. These, or the like Crimes, manifestly proved, are the only things that can justifie Men in the accusing a Governour of Corrupt [Page 6] Practice, and of shaking the Liberties and Properties of the People. But if none of these things can be proved, but on the contrary it does appear plainly, that no one Act of Severity, much less of Injustice or Oppression, has been done, since the Government of this Province came under the Queen, but that there has been an impartial, just and equal Administration of Justice observed throughout the whole Course of my Government, and that many Acts of Mercy have been extended to Persons, who deserved to be severely punished; then what sort of Creatures must these bold Accusers appear to be in the eyes of all impartial and judicious Men? That these are Truths beyond Contradiction, and which all the People of this Province know, I do Challenge you, and every of you to prove the contrary. And tho' I know very well, that there are several unquiet Spirits in this Province, who will never be content to live quiet under any Government but their own, and not long under that neither, as appears by their Methods of Proceeding when the Government was in the hands of the Proprietors, when many of these very Men who are now the Remonstrancers, were in Authority, and used the most Arbitrary and Illegal Methods of Proceeding over their fellow Subjects, that were ever heard of. Yet I well satisfied, there are very few men in the Province, except Samuell Jenings and Lewis Morris, Men known to have neither good Principles nor Morals, who would have ventured to accuse a Governour of such Crimes, without any Proof to make good their Accusation. But they are capable of any thing but good.
But that the unreasonableness of these Complaints may appear the plainer, let us consider what these Enormities of mine are, that have turn'd the benign influences of the Queens mild Government into Oppression and the unkind effects of mistaken Power.
Remonstrance.
IN the First place, the Governour has prohibited the Proprietors Agents, commonly called the Council of Proprietors, from granting any Warrant for taking up of Lands in the Western Division of this Province. We cannot see by what Law or Reason, any mans Property can be disposed of by the Governour, without his consent. The Proprietors when they surrendred the Government, did not part with their Soil, and may mannage it as they think fit, and are not to take directions from any Person whatsoever, how and when to do it. If any Person concerned is agrieved, the Laws are open, by which disputes in Property are decided, and he, doubtless, will not be left remedyless. We are very sorry the Governour gives us occasion to say, it is a great Incroachment on the Proprietors Properties; but we are not surprized at it when a greater Incroachment on our Liberties led the way to it, and that was the Governours refusing to swear or attest, three Members of the last Assembly, upon the groundless suggestion of Thomas Revel and Daniel Leeds, two Members of the Queens Council, by which means they were kept out of the Assembly. We are too sensibly toucht with that procedure, not to know what must be the unadvoidable consequences of a Governours refusing to swear, which of the members of an Assembly he thinks fit, but to take upon himself the Power of judging of the Qualifications of Assembly Men, and to keep them out of the House, as the Governour did the aforesaid three Members, nigh eleven Months, till he was satisfied in that point, after the House had declared them Qualified, is so great a Violation of the Liberties of the People, so great a Breach of the Priviledges of the House [Page 7] of Representatives, so much an assuming to himself a Negative Voice to the Freeholders Election of their Representatives, that the Governour is intreated to pardon us if this is a different Treatment from what he expected: It is not the effects of passionate Heats, or the Transports of Vindictive Tempers, but the serious Resentments of a House of Representatives, for a notorious Violation of the Liberties of the People, to whom they could not be just, nor answer the trust reposed in them, should they decline letting the Governour know, they are extreamly dissatisfied at so unkind a Treatment, especially when its Causes and Effects conspire to render it so Disagreeable.
It is notoriously known, that many considerable Sums of Mony have been raised to procure the Dissolution of the first Assembly, to get clear of the Properties Quit-Rents, and to obtain such Officers as the Contributors should approve of.
This House has great reason to believe, the Money so gathered was given to Lord Cornbury, and did Induce him to Dissolve the then Assembly, and by his own Authority keep three Members out of the next Assembly, and put so many mean and mercenary Men into Office, by which corrupt Practice, Men of the best Estates are severely harassed; Her Majestys Good Subjects in this Province so Impoverished, that they are not able to give that support to her Majestyes Government as is desired, or as they would otherwise be inclined to do. And we cannot but be very uneasy when we find by these new methods of Government, our Liberties and Properties so much shaken, that no Man can say he is Master of either, but holds them as Tenant by Curtesie, and at Will, and may be stript of them at pleasure. Liberty is too valuable a thing to be easily parted with, [Page 8] and when such mean inducements procure such Violent Endeavours to tear it from us. We must take leave to say, They have neither Heads, Hearts or Souls, that are not moved with the Miseries of their Country, and are not forward with their utmost Power lawfully to Redress them.
We conclude, by advising the Governor what it is that principally engages the Affections of a People, and he will find no other Artifice needful, then to let them be unmolested in the enjoyment of what belongs to them of Right; and a wise Man that despiseth not his own happiness, will earnestly labour to regain their love. By Order of the House,
His Excellency's Answer.
First, By the Instructions her most sacred Majesty, the Queen, has honoured me with, I am to allow of all such Agents as the general Proprietors shall appoint, such Agents qualifying themselves by taking such Oaths as the Queen is pleased to direct, and no other. No Persons, under the Name of a Council of Proprietors, have ever tendred themselves to take those Oathes, consequently they are not capable of acting as Agents; besides, I say, these People who call themselves A Council of Proprietors, are a parcel of People pretending to act by a Power derived from certain Persons who have no power to grant. The Governour has therefore done in this case nothing but his duty, in hindring, as far as in him lay, that pretended Council of Proprietors from acting illegally, which they have long done, to the great prejudice of her Majesties Subjects. This is a truth I can't doubt of, because, besides the other reasons I have to satisfie me in that point, you have voted my putting the Records of the Eastern Division, into the hands of Peter Sonmans, to be a Grievance, tho' Mr. Sonmans has qualified himself long ago; so that the Council of Proprietors not having qualified themselves at all, is a much greater Grievance.
By the Queens Instructions to me, she is pleased to direct, That no person shall be capable of being elected a Representative by the Free-holders of either Division, or afterwards sitting in General Assembly, who shall not have One Thousand Acres of Land of an Estate of Free-hold, in his own right, within the Division for which he shall be chosen: Two Gentlemen of the Council informed me that three Persons, whose Names they then mentioned, were not qualified; upon which I refused to take their Attestations (for they were all Quakers) and in so doing I did my duty. I recommended it to the Assembly, at that time, to proceed, in the first place, to enquire into that matter, but they did not think fit to do it, till they had sate about three weeks, and then they sent me a Message to desire those three Members might be sworn, for they were satisfied they were qualified. I sent them word, that if they would communicate to me the Proofs which had satisfied them, I should be ready to admit them; but [Page 7] that they would not do. In some few days the Assembly was adjourned to meet at Amboy, where they met at the time appointed, and sent me the same Message as they had done before; I sent them the same Answer; upon which they ordered the three Members to produce to me the Proofs of their Qualifications, which having done, I admitted them immediately, which I could not do before without breaking the Queens Instructions; so that it was entirely through their own stubbornness, that they were not admitted sooner, and no intent or desire of mine to keep them out. If I had had a mind to have kept any Members out of the House, I could have made Objections which they could never have answered, but such practices are below me; & it is not true that I have made any Violation of the Liberties of the People, nor have I assumed to my self a negative Voice to the Free-holders election of their Representatives, as this House of Representatives has lately most notoriously done. But of that more anon. Indeed, the Treatment I have met with from this house of Representatives is far different from what I and all reasonable men expected from most of them, thinking them indued with Reason and common Justice to Mankind; but it is not different from what I expected from Samuell Jenings and Lewis Morris, two men notoriously known always to have been Disturbers of the quiet and peace of this Province, Men always possest with passionate Heats and the transports of most vindictive Tempers, but never capable of such serious Resentments as would become a House of Representatives, if there were any occasion given them to shew any. How they have been able to prevail with the major part of the House to Joyn with them in destroying, as far as in them lay, the Reputation of a Gentleman, who has the honour to serve the Queen, as Governour of this Province, and is so far from deserving such Treatment from them, that he has always done to the utmost of his power for the good, wellfare and prosperity of this Province & People, & would have done much more, if the Assembly would have put it into power, by preparing such Bills as the Governour at the beginning of every Sessions has recommended to them, and the Condition of the Country required; but that they must answer for to God and their own Consciences, if they can; and; perhaps, one day to me too.
Whether many considerable Sums of Money have been raised or not, I know not; and if they were raised, for what intent or purpose they were raised, I know not; but this I know, that if any Money was raised, it was not given to me, nor was ever any Money offered to me to procure the Dissolution of the first Assembly, or to get clear of the Proprietors Quit-Rents, or to obtain such Officers as the Contributors should approve of, as is falsly alledged. The Reasons why I dissolved the first Assembly were evident to all Mankind; for it was plain that House never intended to do any thing for the support of the Queens Government, nor for the good of the Country; and indeed better could not be expected from an Assembly so corruptly chosen as that was; for some of the now Remonstrancers, and some other People, prevailed with Thomas Gordon, than Sheriff of the County of Middlesex, to refuse a Poll, when demanded; and when the Persons injured by that Practice, complained to the House of Representatives, they had a day assigned them to be heard, but were limited to bring but twenty Witnesses; the People attended at the day appointed, with the number of Witnesses they were allowed to bring, but were then by that House refused to be heard, not only by themselves, but by their Council, and their Witnesses refused to be examined, tho' at the same time they heard Thomas Gordon, who was the Person complained against, and did examine some Witnesses on his behalf; upon which the Petition of the Complainants was dismist; thereby supporting the illegal proceeding of the Sheriff. This was a Violation of the [Page 8] Rights of the People with a Vengeance, and a sufficient Reason (if I had no other) for the Dissolving that Assembly, that the People might once more have a true Choice of their Representatives. As for getting clear of the Proprietors Quit-Rents, that is such an absurdity to mention, that no body could be guilty of it but Samuell Jenings and Lewis Morris; for it is evident, that at the beginning of every Sessions, I have recommended it to the Assembly, to prepare a Bill or Bills for settling the Rights of the Proprietors; which, I suppose, will be a full Answer to that part. And as I know of no such Men as Contributors, so I can have had no such Application made to me: I have not, knowingly, put any mean or mercenary Men into Office; indeed, at my first coming to the Government of this Province, I desired the Gentlemen of the Council to recommend Persons to me, fit to put into Offices, Military and Civil; several of them gave me Lists, and among the rest Mr. Lewis Morris gave me one, which I have still by me, in which indeed, by experience, I find there are some mean scandalous men, but I cannot accuse any body else of doing the like.
Thus much I thought my self obliged to say in answer to your Remonstrance, to satisfie the world of the falshood of your Allegations, and the unreasonableness of your Complaints. I have said the less in answer to the scandalous Reflections you have cast upon me, because I don't doubt, but upon my most humble Application to her most sacred Majesty, the Queen, she will be graciously pleased to allow me to take such measures as may be most proper to procure me ample satisfaction for the great and extravagant Injuries you have done me.
As for the Advice you conclude with, I shall only say, That I can never answer the taking advice from Men who do not know how to govern themselves, and who have always opposed the Service of the Queen, and the Interest and good of their Country, which are inseperable.
Now, Gentlemen, I shall take notice to you of some of your last unwarantable Proceedings in this Assembly, which I cannot pass by without a breach of the Trust reposed in me by her Majesty: And, first, I shall observe, that at the opening of the Sessions, I recommended to yon the settling a Revenue, and the preparing several Bills, which I thought might be useful for the Country; and I told you, that if you found any thing else necessary to be provided for by a Law, you should always find me ready to agree to any thing that might be reasonable; but instead of proceeding upon those things so necessary that they ought to have imployed your first thoughts, you have squandred away your time in hawking after Imaginary Grievances, for the space of one whole Month, without making one step towards the Service of the Queen or the Country.
You have presumed to take the Queens Subjects into the Custody of your Serjant at Arms, who are not Members of your House, which you cannot lawfully do, and is a notorious Violation of the Liberties of the People.
You have taken upon you to administer an Oath to one of your Members, and have expelled him from the House for refusing to take an Oath, which you could not legally administer to him: This is most certainly Robbing that Member of his Property, and a most notorious assuming to your selves a Negative Voice to the Free-holders Election of their Representatives; for which there can be no President found.
You have Arbitrarily taken upon you to command the High-Sheriff of this County to discharge a Prisoner, who was in his Custody at the Suit of one of the Queens Subjects, and he has been weak enough to do it, for which he lies lyable to be sued for an escape, whenever the Gentleman thinks fit to do it, and from which you cannot protect him. This is a notorious violation of the Right of the Subjects, and a manifest interruption of Justice.
You have taken upon you to appoint one of your Members to act as Clerk of the Committe of the whole House, which you have no power to do, and the Party officiating is liable to be prosecuted for acting without Lawful Authority, and without being qualified to act.
These, Gentlemen, are some of the Irregularities you have been guilty of this Sessions: Some of them are Incroachments upon the Queens Prerogative Royal, the rest are all notorious Infractions upon the Rights, Liberties and Properties of the People. I was going to conclude, with giving you some Wholsom Advice, but I consider, that will be but labour lost; and therefore shall reserve it for Persons, who, I hope, will make the right use of [...].