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NOTE 63. The Unification of the Jerseys

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Volume 1, Chapter 63, The Unification of the Jerseys

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During the crisis years of the Glorious Revolution, both the jerseys at last rested peaceful and

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content. The dominion bureaucracy had gone, and the respective sets of proprietors did

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not dare to stir, lest their grants be revoked by the Crown. The dominion bureaucracy had

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had gone, and the respective sets of proprietors did not dare to stir, lest their grants be

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revoked by the Crown. They therefore decided not to impose any rule until the smoke had

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cleared. Government in both colonies was local and purely minimal. Dr. Daniel Cox, court

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physician and non-Quaker, had, before the onset of the Dominion, bought from Edward

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Billing, the sole right to govern West New Jersey as well as the largest proprietary share

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in that colony. He also held a much smaller share of the East New Jersey proprietorship.

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Cox fought hard and successfully to prevent the lords of trade from annulling the charters

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of the two Jerseys or from amalgamating them into New York and thereby converting them

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In the spring of 1692, Cox sold all his rights and titles in the Jerseys to a group of non-Quaker

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businessmen, the West New Jersey Society, for £9,800. The Society was owned by holders

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of 1,600 shares of stock, issued at £10 each. Originally, the Society had 48 stockholders,

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The most prominent being Sir Thomas Lane, who was to serve also as Lord Mayor of London.

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We have already noted that the proprietors of East New Jersey had chosen the Scot, Andrew

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Hamilton, to be Deputy Governor in 1687. After the dominion was imposed in 1688, Hamilton

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returned to England and both the Jerseys remained without a central government until 1692. In

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In that year, however, with the proprietor ships at least temporarily saved, both of

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the Jerseys appointed Hamilton to be governor.

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The first step toward unity of the two Jerseys had begun.

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Hamilton took up his post in the far wealthier and more populous East New Jersey, of which

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Perth Amboy was the capital, and appointed Edward Hunlock to be his deputy in West New

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Jersey.

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With the return of central and proprietary government came the return of turmoil and

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conflict in the jerseys. Hamilton's guiding instruction was to begin once again to enforce

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collections of the hated feudal quittrant. Fearful of attempts to submerge the jerseys

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into New York, East New Jersey now made particular efforts to aid New York in attempting to prosecute

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the War Against New France, and New York's Governor Fletcher expressed his gratitude

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to Hamilton for the 400 pounds and the 65 men supplied. Despite the fact that the proprietors

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of both colonies had been Quakers, the ethnic composition of the two Jerseys differed greatly.

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East New Jersey was heterogeneous, comprising Dutch, Puritans from New England, and Scotsmen.

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The Scots were mostly Presbyterians, not Quakers, despite the fact of Quaker proprietorship

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during the years of their migration.

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West New Jersey, on the other hand, was a poor, sparsely inhabited, predominantly Quaker

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colony.

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Despite the differences, Governor Hamilton had no difficulty in persuading the supposedly

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The early pacifist Quaker Assembly of West New Jersey to join that of the East in voting

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ample funds to help New York in the French War. As early as the year before, the West

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Jersey Assembly had resolved that while the people of the colony could not bear arms or

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participate in war, they could help defend the province, and in 1693 they voted 300 pounds

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Hamilton voted £300 for the war effort. Paradoxically, Hamilton met the only resistance to his war plans in non-Quaker East New Jersey.

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Hamilton wanted the colony to supply 30 soldiers for the war, but Speaker William Lawrence of the East Jersey Assembly forced him to cut the supply to 20.

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However, £430 were raised for the war effort, more than matching the contribution of the year before.

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Even so, Hamilton wrote apologetically to Fletcher that volunteers could not be raised,

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and that he could only raise troops to send to New York in case of invasion,

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and then only on condition that they would return as soon as the campaign was over.

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Under Hamilton's aegis, the powers of the local governments over the people were greatly strengthened.

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The counties were now authorized to levy taxes, to repay debts and to maintain jails.

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The levies and appropriations were to be raised by the county judges, meeting with representatives

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of each town in the county.

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The townships were also authorized to impose the maintenance of government schools on all

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taxpayers of the town, even on those opposing the idea.

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Also the term of conscripted militiamen was lengthened.

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Hamilton ran into trouble in 1694 trying to persuade the assembly to increase taxes in

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order to pay salaries to himself and other government officials.

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On the other hand, the Council vetoed the bill passed by the deputies raising their

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own salaries, the Council pointing out that its members remained unpaid.

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The quit-rent problem came to a head in 1695.

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Dr. Richard Hartshorn was the leader of the popular opposition to Hamilton and his council.

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Conflicts continued in succeeding years over Hamilton's demands for regular levying of

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revenue for the government, as well as enforcement of the quit rent. Once again, Elizabeth Town,

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joined by Newton and Shrewsbury, was in the forefront of the opposition. The landlords

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When the courts took the quit-rent cases to the courts, and after the juries, in the words

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of the proprietors, being all planters, gave a general verdict against their proprietors,

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the judges arrogantly reversed the jury's decisions.

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On appeal of the cases to England, the claims of the proprietors were, years later, rejected

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by the Crown.

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The proprietary claim to quitterance had been finally rejected.

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As soon as the first of these cases had been so decided by the Crown in 1697, 65 citizens

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of Elizabethtown immediately petitioned the King for an end to the tyrannical proprietary

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government that persisted in exacting tribute for lands rightfully theirs.

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At about this time, however, a grave new threat arose to plague the owners of landed property

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in East Jersey.

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An English court decided, on a technicality, that the land titles confirmed by former Governor

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Cotterett had only been valid for life rather than in fee simple for perpetuity.

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Hamilton now offered to reconfirm the absolute land titles, but only at the price of paying

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In 1697, Andrew Hamilton was removed as governor in both jerseys. Under the general interpretation

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of the Navigation Act of 1696, all Scotsmen were removed from positions of public trust

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in the colonies. Hamilton was, therefore, replaced as governor of both jerseys by the

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The former Baptist minister, Jeremiah Boss, who assumed his new post in early 1698. Boss,

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even before his appointment, had come to be thoroughly hated in West New Jersey and the

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other colonies. He had earned this ire as a former agent of Dr. Cox and the West New

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Jersey Society and as an opponent of the colonies' violations of the navigation laws. The arch-tory

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Inventory and inveterate enemy of the colonies, Edward Randolph, had come to the conclusion

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that Scotsmen were particularly active as smugglers and merchants.

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He therefore inserted a clause into the Navigation Act of 1696 to keep them out of public office

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in the colonies.

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Bass was known as one of Randolph's clique of prerogative men, and he schemed at London

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to use the clause to oust Hamilton and obtain the post for himself.

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At first, conflict between Baas and the people of East New Jersey was not widespread or intense.

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The people and the proprietary were jointly engaged in another chapter of continual struggle

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with New York, winning for Perth Amboy the right to be a free port, unhindered by New

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York regulations.

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Using the external dispute as a method of mobilizing support, Baas managed to induce

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the assembly in the spring of 1699 to increase taxes sharply, with new taxes being levied

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on a wide variety of property.

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The new tax burdens stirred up widespread opposition in East New Jersey.

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A Newark town meeting denounced the tax and warned that there was no guarantee that the

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The money would be used for the announced purposes.

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Anyway, there was clearly no danger of invasion from New York.

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The Newark meeting resolved unanimously not to pay the new tax and to resist its collection.

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Led by young Louis Morris II, a counselor and merchant, later Chief Justice of New York

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and Governor of New Jersey, the towns of Newark, Elizabethtown, Perth-Amboy and Freehold joined

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to protest to the proprietors against the rule of Boss. They also specifically attacked

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a resolution of the lower house of the assembly praising the Boss administration. Morris indeed

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had challenged Boss's rule from the beginning, denying the authority of the Boss-appointed

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court. Fined for contempt, Morris managed to escape from prison. He continued relentlessly

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to Challenge the Basis of Proprietary Rule, such rule, he asserted, was by persons who

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really have not the right to govern. He also denounced the quit-rent as an unjust tax upon

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us and our heirs forever.

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Morris was now, in April 1699, charged by the Council with seditious assembly, with

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with intent to subvert the laws and with malicious and reproachful words against Governor Boss.

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In May, a grand jury indicted Morris, along with Surveyor General George Willex and Secretary

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Thomas Gordon, for stirring up opposition in the towns to the taxes levied in March.

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The next day, a large group from Elizabethtown attacked the jail holding Morris and the others

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and Freed the Eminent Prisoners. Among the leaders of this revolutionary attack were

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such well-known citizens as Justice Benjamin Price, Isaac Whitehead and Jonathan Ogden

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Jr. By this time, Boss had left for England to discuss the dispute with New York. Andrew

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Bowne now ruled as Deputy Governor. Shortly after their coerced release from prison, Morris

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Thomas and Willex called on the council to yield, and send an armed sloop against Perth

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Amboy, firing guns by way of defiance to the government.

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Bowne and the assembly decided to order the suppression of the insurrection in the province,

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but the assembly realized that virtually the whole province opposed the new taxes, and

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the bulk of its members walked out in protest against them.

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The only placid Bergen County was not in a state of rebellion.

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With this kind of opposition in the assembly, reinforced by the proprietor's decision to

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appoint the revolutionary Thomas Gordon as Attorney General of the colony, Bound did nothing

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to enforce the Tax Act or to suppress the insurrection.

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Morris's rebellion had succeeded, for soon after Boss returned from England in the summer

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In the year of 1699, Andrew Hamilton was reappointed governor of the Jerseys. Scotsmen, it was

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now ruled, were able to hold office in the colonies, and the proprietors seized the opportunity

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to reappoint Hamilton and end the calamitous regime of Baths. If Governor Baths precipitated

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conflict and oppression in East New Jersey, his rule over the Quaker colony of West New

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New Jersey was a veritable reign of terror. Hamilton had left West New Jersey alone. As

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a result, the Quakers' largely libertarian society was not confronted, as in previous

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years, with the threat of proprietary despotism. As soon as Baas took power, however, he imposed

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a program of reactionary change upon the colony. Virtually his first act was to oust the previous

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and the Judges, and to fill their post with his friends and favorites, almost all non-Quakers.

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The Quaker lower house tried to oppose Bass's accession to power, whereupon he promptly

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began to throw them into prison. Peter Fretwell, former treasurer of the colony, was jailed

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by Bass for not acknowledging the government. Furthermore, the great leader of the liberal

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General Forces in West New Jersey, Speaker of the House Samuel Jennings, was arrested

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in the spring of 1699 for saying that Bosse's commission as governor was illegal, and for

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slandering one of Bosse's appointed councillors as a papist. Three of the new councillors

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indeed published a book denouncing Jennings as the key to the seditious opposition. They

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wrote, Samuel Jennings, being the leading man of that party, now sings his old song

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over again, and affirms the government to be in the people, thereby encouraging and

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exciting the people to rebellion against the present governor and other their lawful rulers

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to the great obstruction of the peace and property of the province.

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Fretwell and Thomas Gardner, furthermore, were indicted for setting the province in

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a flame, but they refused to appear for their trial.

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and did indeed burst forth in Salem, where the government was resisted and the boss appointed

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magistrates expelled from the town. But the governor sent in fifty soldiers and was able

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to suppress the rebellion. Boss found, however, that he could not suppress the voices of his

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opposition. Samuel Jennings undaunted not only organized a giant anti-boss petition but also

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Andrew Hamilton returned as governor in December 1699, only to find both colonies in a state of outright rebellion.

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In West New Jersey, the Bas-Puppet Council was unceremoniously removed, and the revolutionary leaders returned to their posts.

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Jennings to Speaker of the House, Fretwell to Treasurer, Gardner became King's Attorney.

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But both Jerseys were now in the midst of a revolutionary situation, and a mere change of governors was no longer enough to appease the popular opposition.

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The spark for the rebellion in both colonies was the increase in taxes, and a mere change

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of personnel would not be enough to relieve the situation.

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To Louis Morris and the people of East New Jersey, only the liquidation of the proprietorship

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would suffice to end the rebellion.

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The proprietors were indeed negotiating with the Crown for surrender of their right to

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govern, though not of their land claims.

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However, proprietary government continued in the meanwhile until the Crown's decision

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should be made.

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But the revolution roared on.

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In March 1700, justices of the Middlesex County Court, all counselors, were barred from the

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courtroom by a rebellious crowd led by Edward Slater, one of the main leaders of the rebellion

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against Cotterette, nearly twenty years before.

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A week later, Samuel Carter, leading an angry crowd, denounced the proceedings of the Essex

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County Court and the court-ordered Carter, arrested for contempt, which may, if not timely

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prevented, turn to a convulsion in government to the ruin of the colony.

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It may be noted that the crowd supporting Carter included such prominent citizens as

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Justice Benjamin Price, a former counselor.

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By July, however, Lewis Morris had betrayed the revolution he had led, and now shifted

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vigorously to the other side. Returning to the council as Hamilton's appointee for president,

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Morris wanted everyone to submit to the governor. Soon Morris had an opportunity to betray his

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own neighbors in Monmouth County. The newly appointed sheriff, the Scotsman John Stewart,

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was on a rampage in the county, jailing rebels. Friends of those about to be arrested thereupon

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attacked Stewart and forced him to flee. Learning of a plan to free one of the captured men,

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Morris informed Hamilton, who appeared with an armed troop and then demanded the surrender

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of two of the opposition leaders, Richard Salter and John Bray. But the free men of

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of Monmouth County by now numbered 6 to 1 against Hamilton and Morris, aroused a hundred

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citizens of Middletown armed with clubs, marched to confront the governor's force. A compromise

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averted an armed clash when the prisoners agreed to put up bail as security for good

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behavior. The renegade Morris had been given the task of suppressing the rebellion and

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and his unpopularity was assured when he threatened to drench the colony in the blood of the

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rebels who did not yield.

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With Morris ordered to seize Salter and Bray, Monmouth, Middlesex and Essex counties conferred

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to decide their next move.

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They decided to resist Morris's power and to seize, arrest and incarcerate Hamilton,

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A grand jury of Monmouth County soon indicted sixteen men, including Salter and Bray, for

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riotous assembly and assault of Sheriff Stewart. But the rebels remained undaunted. In September

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The Essex County Court at Newark had its proceedings interrupted by Samuel Carter, who challenged

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the authority of the court. The constable ordered to seize the prisoner was himself assaulted

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by the rebels. The rebels also assaulted Councilor William Sandford, the president of the court.

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The rebels were led by Carter and Thomas Johnson, a long-time high official in the colony and

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The Leader of the Rebellion under Carteret. Two days later a large group of horsemen arrived

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from Elizabethtown to demand of the Essex County judges the freeing of one of the prisoners,

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Joseph Parmiter. Led by Samuel Carter and Samuel Whitehead, the rebels on being refused

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seized the sheriff and forced him to free Parmiter. Soon afterward in retaliation two

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Two grand juries indicted eighty-five Elizabethtown men for joining in the insurrectionary action.

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The revolutionaries countered by signing an Elizabethtown petition to the king against

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the proprietors. In it they attacked the quit rent, which was being exacted even after the

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royal courts had disallowed it, and they asked the crown to replace the proprietary with

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The Royal Governor

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Leading the opposition to the Proprietary in the Assembly, which convened in May 1700,

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was Councilor John Royce.

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The Councilor held an old nickels patent for his lands.

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This fact jeopardized the lands and subjected it to quit rent exactions so long as the Proprietary

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continued.

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Hamilton convened the Assembly, but only to try to get a tax bill passed.

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He soon saw that there was no chance of success. Moreover, he saw the danger of the Assembly

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approving the anti-proprietary position. Therefore, Hamilton made haste to dissolve the Assembly.

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But the East New Jersey Petition helped galvanize the Board of Trade to annul the Jersey Proprietary.

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The East New Jersey Proprietary tried to stem the tide by its answer to the petition sent

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to the Crown in December. The answer, trenchantly, attacked the colonial resistance to payment

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of quit-rants as a logical prelude to denial of the royal power itself. It concluded that

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the settlers viewed themselves as the absolute owners of the soil, and hence entitled to

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an independent government of their own. The proprietors darkly charged that the rebels

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were merely a few factious and mutinous people impatient of any government.

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The following March 1701, the pattern of revolt against the proprietary courts continued.

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As the Monmouth Court, headed by Governor Hamilton, was examining an accused smuggler

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named Moses Butterworth, Samuel Willett, an innkeeper, challenged the authority of the

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court.

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charged into the court with the company of 50 militiamen. A battle ensued between the police on one side and the militiamen in the crowd, led by Benjamin Price and Richard Borden on the other.

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The rebels proceeded to free Butterworth and to seize the justices, the attorney general and the other officers of the court.

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Court.

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The next day the court, with Samuel Leonard presiding, was able to reassert its authority

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despite a challenge by Eliza Catterall, who refused to serve on the compulsory jury, and

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the refusal of the former court clerk, James Bolan, to surrender the court records.

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The court quickly seized, convicted and fined all those denying its authority and refusing

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In May 1701, Hamilton and the Council petitioned the King to order the people of East New Jersey

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to obey the proprietary government. Hamilton complained that, since he had not yet received

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official approbation of the Crown, the licentious past of the people, who look on all government

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to be a yoke, had repudiated his authority in all of his actions. As a result, he pointed

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out, the reins of government are cut in pieces, and the people run into anarchy and confusion.

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But Hamilton was soon to find that the Council was hardly more tractable than the House of

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of Deputies. First, in late 1700, George Willocks, deputy for the proprietors, led

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a revolt against the leading proprietor, William Dachra, the proprietor's executive secretary.

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The Council stalled hearings on Willocks' charges of corruption and injustice against

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Dachra, but it finally consented to a hearing the following August. Willocks charged Dachra

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with usurpation of governmental rule, levying arbitrary fines on local landowners, voiding

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good land titles, and demanding bribes for settling land claims.

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Backed by the deputy secretary and six resident proprietors, the council turned against Dachra,

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and the board of resident proprietors finally removed him from his post.

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But the DACRA problem was purely internal to the ruling oligarchy of proprietors and

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their favorites.

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Also internal but far more challenging to the existing regime was a sudden move by former

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Governor Andrew Bound at the council meeting in June 1701 to claim the post of governor.

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Bound declared that the proprietors had appointed him, but he was challenged by the resident

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Bound's claim was also backed by William Dockra, who was evidently taking the opportunity to try to oust a regime that had already turned against him.

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Louis Morris, now agent of the resident proprietors, decided that the best course would be to abolish

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the weak and confused proprietary rule and to replace it with a royal government headed

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by Hamilton.

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In that way, Hamilton and the ruling oligarchy in East New Jersey could end the permanent

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Rebellion, and entrenched themselves in power, backed by the might and prestige of the royal

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government. As rebellion settled into a permanent state, the Tory advisors of the colonies began

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to offer their solutions. Edward Randolph, in February 1701, advocated not only the end

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and Proprietary Government, though not of its land claims, but also the annihilation

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of the Jerseys. Randolph urged that East New Jersey be annexed to New York and West

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New Jersey to Pennsylvania. In the meanwhile, all is in confusion for want of government.

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Andrew Bowne also moved in again, hoping to have his post restored. He called for drastic

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Enforcement of the Generally Violated Navigation Acts, Bound suggested amalgamating the jerseys

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with Delaware as part of Pennsylvania. The proprietors themselves, indeed, were rapidly

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becoming reconciled to the end of their rule, and they submitted a memorial to the Crown

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outlining the conditions for voluntary surrender of their governmental rights. The petition,

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Incidentally, was jointly submitted by the proprietors of East New Jersey and West New

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Jersey.

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The final surrender by the proprietors and the acceptance by the Crown were accomplished

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in mid-April 1702.

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The Crown decided to grant some, but not all, of the proprietor's original conditions.

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Every rights to the soil were reconfirmed along with the quit rents due. All land titles

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issued by the proprietors were confirmed. The governor was instructed to forbid any tax

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on unimproved, that is arbitrarily granted lands, thus greatly aiding the land engrossing

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pursued by the proprietors. Another important privilege granted to the proprietors was a

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monopoly of all purchase of land from the Indians. This gratuity, in effect, made vague

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and arbitrary land grants to the existing landed proprietors. After April 1702, then,

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the proprietary government was no more. Both jerseys were now united into one New Jersey,

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a royal colony. Andrew Hamilton had had no easier time in West New Jersey. The Reverend

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The Revolutionary State had continued in that colony as well.

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To a greater extent than in the East, the focal point of resistance was taxation.

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The unique element in West New Jersey was that a high-tax program had been instituted

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by an alliance of Hamilton with the Quaker-dominated house.

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By 1701, a general refusal to pay taxes pervaded the colony, a refusal which included the threat

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of Violence Against the Hated Tax Collectors. As in East New Jersey, the rebels refused

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to pay the courts security for good behavior. In March, nearly 80 people rioted in Burlington,

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broke into prison, and released two men who had refused to put up security for failing

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to pay taxes. Furthermore, Quaker imposition of high taxes seemed inconsistent with Quaker

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The Proprietor's were anxious to have Andrew Hamilton appointed royal governor of the United New Jersey, but this was one privilege they were not to receive.

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The Crown's appointed counsel, Andrew Hamilton, was a senior of the Proprietor's, and he was a very well-educated man.

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The Proprietor's were very well-educated, and he was a very well-educated man.

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The Proprietor's were very well-educated, and he was a very well-educated man.

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The Crown's appointed counsel for the new colony included six officials from each Jersey,

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largely taken from the oligarchal leadership of the two former colonies.

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Counselor Louis Morris was designated acting governor by the Crown in June 1702, pending

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a final appointment.

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Finally, toward the end of the year, the Crown made New York's Governor, Lord Cornberry,

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Governor of New Jersey as well. Cornberry assumed his post in July of the following

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year. The Crown decided to alternate meetings of the Unified General Assembly between the

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respective capitals of Perth-am-Boy and Burlington. The House of Representatives was to consist

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of 12 representatives from each of the two former divisions, two appeased to be sent

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by the two capital cities. Thus the structure of New Jersey was now similar to that of the

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other royal colonies, an appointed governor and council, and elected lower house. Appeals

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could be made to the king in major judicial cases. The Crown accepted the proprietor's

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Lewis Morris Request for High Minimum Voting Requirements. Voters had to own at least

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100 acres and representatives 1,000 acres. Lewis Morris had warned that without the latter

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requirement those persons of best estate and the proprietor's interest would be at the

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disposal of the tag, rag and rascality. In short, the property qualification was a method

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of Attempting to Secure Control of Even the Assembly by the Proprietors. In addition,

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the people lost the right to have a regular annual assembly. The rights to call and dissolve

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the legislature and to appoint judges and courts were lodged in the royal governors,

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but the crucial rights, those of levying taxes for support of the government, remained with

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of the Assembly. Also granted were more worthwhile requests of the proprietors, for example,

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permitting Quakers to avoid taking an oath of office. Religious liberty was also granted

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to every one but Roman Catholics, continuing the East New Jersey policy passed under the

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Law of Rights and Privileges of 1698. But this provision was a mixed blessing. From

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From the time of the original concessions, at the outset of the colonies, both jerseys

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had enjoyed extensive religious liberty. By its discrimination, the new proviso was a

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setback for the Catholics. On the other hand, there was an advance in another direction.

325
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The law of 1698 had eliminated the power of the assembly to establish ministers, but now

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Separation of Church and State, without which there can be no full religious liberty, was

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decreed for the colony as a whole.

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The important exception was a proprietary grant to each township of 200 acres of government

329
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land for support of a minister.

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This feature enabled some of the Puritan towns in New Jersey to keep an established church.

331
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As to the proprietor's request to make Perth Amboy and Burlington free ports without harassment

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from New York, the Crown suggested that this would be granted only if the New Jersey Assembly

333
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raised its customs duties and regulations to equal New York's, thus ending embarrassing

334
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free competition with the highly taxed and regulated port of New York and increasing

335
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Lewis Morris tried to use the new accession of royal power as well as his leading role in the colony to establish the Anglican Church.

336
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As early as 1697, he tried to pass such a bill, but it was defeated by the combined efforts of Richard Hartzhorn, Quaker, and Andrew Brown, Baptist.

337
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One of Morris's main reasons for wanting the proprietors ousted was to further the project of an Anglican establishment.

338
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But the royal government would not establish a religion that was very weak in the colony, indeed weak everywhere north of Maryland.

339
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The lack of a bishop resident in the colony also handicapped the growth of Anglicanism.

340
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Anglicanism. For example, it was difficult for one aspiring to the Anglican ministry to

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be ordained. Either a bishop had to come from England to perform the ceremony, and few chose

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to come, or the would-be priest had to travel to England.

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What happened, incidentally, to the ultrapuritan settlement at Newark that was founded by the

344
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by the former New Haven minister Abraham Pearson in 1667.

345
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Newark continued at first as a rigorously Puritan township, but Pearson died in 1678

346
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and was succeeded by his son, Rev. Abraham Pearson Jr.

347
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Typical of the Puritan ministry throughout New England, New York and New Jersey, the

348
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younger Pearson was drifting strongly toward Presbyterianism.

349
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As a result, Newark ended its established church in 1687 and threw Pearson's salary open to

350
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voluntary subscription. Pearson was thereby obliged to move elsewhere. The ultra-theocratic

351
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experiment at Newark had collapsed. Thus, New Jersey took its place after 1702 as a

352
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There was a northern royal colony with appointed governor and council and a popularly elected assembly.

353
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Proprietary tyranny and attempts to impose taxes, quit rents and arbitrary land allocations ceased.

354
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But royal government, in alliance with the land claims of the proprietary, continued the power of the old oligarchy.

355
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Also ended forcibly were the several years of successful rebellion in New Jersey.

356
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The colony continued to be relatively individualistic, however, and to enjoy religious liberty and diversity.
