before y end of March, and what since wee heare not; here are dayly some seen in the very harbour, sometimes within. Nutt [Governor's] Island. It is not possible to describe [1679] how this bay swarms with fish, both large and small, whales, tunnies and porpoises," &c. The E. Town Whaling Co., it is likely, having most of them followed the business on Long Island, found the fishery a lucrative business.* Much uncertainty attended the matter of jurisdiction during the year 1669. Both Berkeley and Carteret were in trouble at home. The former had "been detected in the basest corruption," and had been deprived of office. Carteret had long been under accusation, by Parliament, of being a defaulter, as Treasurer of the Navy, to a large amount; and his accounts were subjected to a rigid investigation by a Parliamentary Committee, of which the result was his expulsion, in the autumn of 1669, from the House of Commons. Gov. Nicolls had, in 1665, early remonstrated with the Duke of York against the grant of New Jersey to Berkeley and Carteret. He had now returned to England, and renewed, with still greater earnestness, his remonstrance. Measures were accordingly taken, by the Duke, for the recovery of the lost. territory. Late in the year 1668, Col. Nicolls wrote from: London to Gov. Lovelace at New York, (as we learn by a letter from the Royal Commissioner, Samuel Maverick to Gov. Winthrop, dated Feb. 24, 166%), that The Lord Barkley is vnder a cloud, and out of all his offices, and offers to surrender vp the Patent for N. Jarsey. Sir G. Carterett, his partner, is in Ireland, but it is thought he will likewise surrender, and then N. Yorke will be inlarged. In a subsequent letter, Maverick writes, June 29, 1669, to Gov. Winthrop, that New Jarsey is returned to his Royall Highnes, by exchange for Delawar, as Sir George Carterett writs to his cosen, the present Gouernor: some tract of land, on this side of the river & on the other side, to reach to Maryland bounds.t * N. Y. Col. Docmts., III. 183, 197. Dankers and Sluyter's Journal p. 100. + Pepys' Diary, IV. 97, 114, 115. N. Y. Col. Docmts., II. 410. III. 195, 118, 114, 174. White head's E. Jersey, pp. 30-1. 4 Mass. His. Soc. Coll., VII. 315, 319. Gov. Carteret, of course, having received such an announcement, from so high a source,—one of the Lords Proprietors himself,-must have regarded his tenure of office as soon to be terminated, and have been, in consequence, not at all disposed to prolong his controversy with the people. While the latter, expecting shortly to come under the jurisdiction of Gov. Lovelace, of New York, must have been quite willing to let the matter pass without further trouble. So the matter rested for a season. The Newark people were evidently in perplexity on the same account. At a Town Meeting, 28th July 1669-the Town made choice of Mr. Crane and Mr. Treat, to take the first opportunity to Goe over to York, to advise with Col. Lovelace Concerning our Standing, Whether we are designed to be Part of the Duke's Colony, or Not.* The autumn of this year was made memorable, as well as that of the previous year, for the prevalence of fatal disorders. Maverick, writing from "N. Yorke, 15th Octor 69, to Col. Nicolls, in London," says: The flux, agues, and fevers, have much rained, both in cittie and country, & many dead, but not yett soe many as last yeare. The like is all N. Engld over, espetially about Boston.t Newark Town Records, p. 21. † N. Y. Col. Docmts., III. 183. CHAPTER VII. - A. D. 1670-1673. Quit Rent Controversy — Gov. Carteret's Usurpations-Claude Vallot - Arbitrary Edicts-Watson not to drill the Militia - First Jury Trial in the Town - Case of Capt. Hacket Court illegally held-Case of Richard MichelHis House destroyed. — Carteret overawed by the People - Capt. James Carteret arrives from England - Legislature convenes at E. T.- A lawful Court - Trial of Meeker and others - Newark people take the Alarm-Other Sessions of the Legislature — Capt. James Carteret chosen President — Arrest and Escape of Wm. Pardon-Gov. Carteret removes to Bergen- Re-arrest of Pardon, and Seizure of his Goods-Memorial of the Council to the Lords Proprietaries Gov. Carteret and Officials return to England -- Capt. Berry, Dep. Governor-- Marriage of Capt. Carteret - The Officials return Conflict renewed Patents to be taken out - Appeal to the Lords Proprietors-Gov. Winthrop's Endorsement of the People. - THE negotiations for the transfer of New Jersey to the jurisdiction of the Duke of York, though so nearly completed, failed of the expected result. Berkeley was made Lord Lieutenant of Ireland, of which Carteret was already Deputy Treasurer. Strengthened by the favor of the king, and certain political occurrences of the day, the two lords retained possession of their charter, and Elizabeth Town remained the seat of government for the province, and the residence of the Governor and his officials.* "The Concession and Agreement of the Lords Proprietors" made provision for the Survey and Patenting of all lands taken up in the Province by new settlers, and required of all such the payment of one half-penny per acre yearly rent, beginning with March 25, 1670. As the people of this town claimed to hold their lands, not by gift or lease from the *Collins' Peerage, (Ed. of 1736), III. 250, 1. N. Y. Col. Docmts., III. 599. Pepys' Diary III. 275, 7. Lords Proprietors, but by purchase from the native proprietors of the soil, and the warrant and patent of Gov. Nicolls, previous to Carteret's arrival, they had paid no attention to these provisions. No patents had been issued, or applied for, within the bounds of the town. This was true of the officials as well as the people. Carteret, Bollen, Vauquellin, and Pardon, all had become Associates, and as such had shared in the assignment of house-lots, and in the first and second divisions of planting land and meadow, all which were duly entered, at the time, in the lost Town-Book. None of them, however, had taken out patents from the Lords Proprietors. The original purchasers and their American associates were utterly opposed to a proceeding, which might be construed into an acknowledgment of the invalidity of the titles, by which they had acquired, and hitherto held, their "purchased and paid-for lands." They would neither, therefore, take out patents from the Governor, nor pay the yearly rent to be exacted in all other cases.* As the time for the payment of this rent approached, letters were sent to the several towns, reminding them of these conditions. We have not the means of knowing whether the demand was formally made of the freeholders of this town, or, if made, what was their response. In the latter case, they' must have made a response, not less firm and decided than that of the Newark people; who, at a town-meeting, held Feb. 3, 1669-70, after "the Governors Writing" had been read and debated, voted to make return as follows: That they do Hold and Possess their Lands and Rights in the said Town, Both by Civil and Divine Right, as by their Legall purchase and Articles doth and May Shew. And as for the payment of the Half Penny per Acre for all our Allotted Lands, According to our Articles and Interpretations of them, You assuring them to us, We are ready when the Time Comes, to perform our Duty to the Lords or their Assigns. Whether they received the assurance, or not, at the appointed time they made a tender of the rent, in wheat, but not "in lawful money of England," as the Concessions required.+ *Leaming & Spicer, pp. 23-5. † Newark Town Records, pp. 29, 30. Stearns' Newark, pp. 43-6. Nothing of the kind, probably, was attempted or done here. It is not intimated, in any of the records or documents of the day, on either side, that the people of this town regarded themselves as under any obligation whatever to pay rent for their lands to the English Lords. So many of the people as were of the Governor's party, doubtless, complied with the demand. The others disregarded it. The breach between the two parties, occasioned by the occurrences of November, 1668, was thus considerably widened. The relations of the people to their townsman, the Governor, from this time forth, were any thing but pleasant-scarcely amicable.* One occasion of this unpleasantness was the unwarranted interference of Carteret in the local affairs of the town— claiming, as he did, the prerogative of presiding, in person, or by proxy, in their town-meetings; of admitting whom he pleased as freeholders; and of allotting the town-lands as rewards to his servants. The people could not but regard all such proceedings as unwarranted acts of usurpation. Claude Vallot was one of the 18 servants whom Carteret had brought over with him in the "Philip." Having found him faithful and true, the Governor, without obtaining, or even asking, so far as appears, the consent of the town, determined to bestow on him the rights and privileges of a freeholder: Glaude Valot of Champagne in the Kingdom of France having Lived in this Country for the Space of five Years time as one of my Menial Servants, and now being desirous to settle himself an Inhabitant within the said Province, (says the Record, Feb. 10, 1669-70), I doe hery Declare the said Glaude Valot to be a true Denizen of the aforesaid Province of New Jersey. Twelve days after he puts him in possession, by deed of sale, of the property that, in Nov. 1668, he himself had acquired by purchase, for £45, from the widow of Capt. Robert Seeley-viz., a "house and home-lot, with all such lots and allotments of upland and meadow, as is and shall be thereunto belonging, according to the rate of a third * Whitehead's E. J., p. 54. Mulford's N. J., p. 151. |