Monmouth County NJ Archives History....Lewis Morris and his doings: Beekman's, Early Dutch Settlers ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nj/njfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: JMP jpaatter@comcast.net ************************************************ The html index page for this book may be found at http://usgwarchives.net/nj/monmouth/beekman-hist.html ************************************************ EARLY DUTCH SETTLERS OF MONMOUTH COUNTY, NEW JERSEY GEORGE C. BEEKMAN. MOREAU BROS., PUBLISHERS, FREEHOLD, N. J. Second Edition Printed, 1915. ============================ 50 SOME ACCOUNT OF LEWIS MORRIS AND HIS DOINGS IN MONMOUTH COUNTY. The names of Jacob VanDorn, Daniel Hendrickson and Arie, Aure or Adrian Bennett appear prominently on the first records of the First Dutch church of Monmouth, not only as the organ- izers and first communicants in 1709, but as the deacons and elders, at this time or a few years after. The fact that Daniel Hendrickson had served as sheriff of this county, and had also con- ducted religious services among his own people, prior to the coming of Joseph Morgan as a regular pastor, would indicate that he was a trusted leader of the Dutch settlers, and a man in whose good judgment and integrity they confided. There is, however, another record, which, if facts therein stated are really facts, casts an ugly stain, not only on their characters as professing chris- tians, but as ordinary law abiding cit- izens. The minutes of the Court of General Quarter Sessions of the Peace for the years 1700 and 1701 now in the Mon- mouth county clerk's office, contain en- tries not only accusing Jacob VanDorn and Arie (Adrian) Bennett as has here- tofore been stated, but also accusing Daniel Hendrickson with refusing to serve as grand juror, defiance of the judges to their faces, or, as the record has it, open contempt and misbehavior in court. These men, also as residents of the old township of Middletown, and members of the militia, and from their sympathies and associations, are fur- ther implicated in the general charge against the citizens of this township of breaking up by violence, a court which convened at Middletown village March 25, 1701, making prisoners of Andrew Hamilton, the governor of New Jersey. Thomas Gordon, the attorney general, Lewis Morris, president of the council, and presiding judge of the Monmouth courts, together with the associate judges and the county officers, and keeping them under guard at Middle- town four days. During this time there was no head to the government of New Jersey, and no officers to administer the law in Monmouth county. That all these outrageous and rebellious acts were committed for the sole purpose of releasing a pirate, one of Capt. Kidd's men, from the custody of this court. John Johnstone, a Scotchman, who a few years before had been presiding judge of the Monmouth courts, and who was a zealous partizan of Governor Andrew Hamilton, wrote the following letter the next day: March 26, 1701. To the Council of New Jersey: Honorable Gentlemen. --Yesterday Governor Hamilton, with four of the justices of this county, met at Middletown, for holding the Court of Sessions, as appointed by the acts of assembly of this province, when they had opened court, and begun the trial of one, who confessed himself, one of Kidd's men, several of the people of Middletown, who for that pur- pose, had appointed a training of the militia, and being in arms, came into the house where the court was sitting and forcibly rescued the prisoner. The governor and justices commend- ed the sheriff and constables to keep the peace, and in the scuffle two of the foremost of the fellows were slightly wounded. There being seventy or eighty men. and the governor and justices, without force, they were by this mul- titude made prisoners, and are by them, kept under strict guards. This is not a thing which happened by accident, but by design. For some considerable time past there, some of the ringleaders kept, as I am informed, a pirate in their houses, and threatened any that would offer to seize him. Gentlemen, I thought it my duty to inform you of this, and to beg your assistance to help the settling our peace or to take the government upon you until his maj- esty's pleasure be known. I am, your honors, most humble servant, JOHN JOHNSTONE. Monmouth, East Jersey, March 26, 1701. The gravamen of the accusation in Dr. Johnstone's letter, as well as that in the court record of this occurrence, is that the Middletown people were associated and in sympathy with sea robbers, and committed all this high handed ruffianism to aid a pirate to escape from the faithful officers of the law, whom they illtreated and impris- oned, while the criminal was set at lib- erty. Lewis Morris, soon after, in a com- munication to that Lords of Trade in 51 EARLY DUTCH SETTLERS OF MONMOUTH. England, makes the same charge: That the wicked people of Middletown were guilty of rank rebellion, for the pur- pose of delivering a pirate from the clutches of the law. It was very com- mon in that age for the politicians and others interested, to accuse the high otiicials of the American provinces on the Atlantic coast and the West Indies, of harboring or protecting pirates and illegal traders and sharing in their plunder. See Vol. II N. J. Arch., pages 150-55, 277-89, and 358-62. The following is from a communica- tion of Edward Randolph to authorities in England dated March 24, 1701. (the day before the outbreak at Middletown village). Speaking of East Jersey and West Jersey he writes "They are all in confusion for want of government, and humbly pray to be taken under his majesty's immediate protection and government. They likewise receive and harbor pirates." * The ideas are very similar in all these communications and records and looks like concerted action. The Ran- dolph letter is dated one day before and the Johnstone letter one day after the Middletown people captured the gov- ernor and his officers; but as it re- quired some six weeks for a sailing vessel to reach England in that day, it was easy to antedate a letter two or three days, and then perhaps it might be a week or two before it could be sent. Lewis Morris that same spring went to England, and carried with him a certified copy of the record from the minutes now in our clerk's office. It was a well settled maxim of the Eng- lish law, that the facts set out in a court record must be accepted as true. Morris, therefore, calculated that his charge against the people of Middle- town would be received as true by the government in England, and he would also be on hand to influence their ac- tion. He must have felt keenly the indignities to which he had been sub- jected, for he -was a very proud and egotistical man. The excitement and feeling which prevailed at the Peace meeting in Middletown some hundred and sixty odd years later, was tame alongside of this attack on the gover- nor of the province and the officers of the county. We find Lewis Morris of Tinton Falls in London the following summer. He sends a communication to the Lords of Trade dated at London, August 4, 1701. Among other matters he writes: "Their endeavors had the effect they pro- posed as appears by the several records (No. 1, 2, 3, 4, 5) now laid before your Lordships. And to consummate the work so well begun and successfully carried on, they did on the 25th of March, 1701, rescue a pyrate, one of Kidd's crew, from the bar, seize the governor and justices as by record No. 6, does more at large appear." This "record No. 6." was a certified copy from the minutes of the sessions of Monmouth county, of the court held at Middletown village March 25, 1701. which had been written up after their four days captivity at Middletown had ended, under supervision of Hamilton and Morris. Morris further writes: "I have laid before your Lordships the truth of fact, as your Lordships, by comparing the names of the petitioners of East Jersey with the names in the records of the several riots committed in the province, will find these riots to be made by those persons who are now your petitioners. Especially, that remarkable riot, or rather rebellion, committed on the 25th of March, and by record No. 6 appears, which I now lay before your Lordships as a complaint, and beg those persons may have an exemplary punishment." We thus see that Lewis Morris not only took the trouble of making a voy- age to England, but used all his ability to bring the heavy hand of the English government on the Middletown people as rebels and abettors of piracy. He persisted with indefatigable malice in his efforts to punish them, even after Queen Annne, in her instructions to Lord Cornberry, had enjoined him to let the old quarrels and fights between the proprietors and people die out unnot- iced.** Also see Morris' letter of Sept- ember 29th, 1702, pages 504-5-6, Vol. II N. J. Archives. The vindicative feel- ings shown by him would indicate that there is some truth in the traditions of this uprising at Middletown, that after Lewis Morris was taken prisoner, he was tied to the whipping post in front of the block house, with a bunch of rods fastened on his back. Lewis Morris had also grossly libeled the people of this part of Monmouth in a letter written to the Bishop of Lon- don, who was a man of influence with the English government, and by virtue of his office in the Church, a member of the House of Lords. This letter is pub- lished in full on pages 8 and 9 of Whitehead's eulogy of Lewis Morris, entitled "Papers of Governor Lewis Morris." __________________ *Vol. II N. J. Arch., page 360. **Vol. II N. J. Arch., p. 508, section 6; Vol. III N. J. Arch., p. 71. 52 EARLY DUTCH SETTLERS OF MONMOUTH. "Middletown was settled from New York and New England. It is a large township. There is no such thins as a church or religion amongst them. They are, perhaps, the most ignorant and wicked people in the world. Their meetings on Sunday are at the public house, when they get their fill o£ rum and go to fighting and running of races." Capt. Andrew Bowne, a Baptist, to- gether with many others of this sect, had met for religious services for many years previous to this time. Richard Hartshorne, a consistent Quaker, and others of this belief, are all included in this sweeping condemnation. So are Garret and Jan Schenck, Peter Wyckoff. Daniel Hendrickson, Jacob VanDorn and the Couwenhovens, who had all brought over from Long Island to Mon- mouth, their brass clasped Dutch Bibles, and tried to follow in everyday life the teachings therein. Some of these old Bibles are yet in existence and the pages show by the wear, that they were in everyday use for many years, or until the Dutch tongue was lost by their descendants. The first pioneer settlers of Mon- mouth from Rhode Island and Grave- send, were men and women who had been persecuted and driven out of New England, because of their conscientious adherence to Baptist and Quaker con- victions. It is true that many of them were dead at this time, but their chil- dren had become men and women and tried to follow in their footsteps. Knowing all this, Lewis Morris rep- resented to the great Prelate of the Church of England, that they were the most degraded and evil-minded of all the inhabitants of this earth, and of course would naturally associate with cut-throats and robbers, and oppose such a godly and good churchman as Lewis Morris. This charge of abetting pirates to es- cape from the officers of the law was a most serious one. Piracy was a high crime and punishable by English law with death on the scaffold. Capt. Kidd had been arrested only a short time before. Assisting a man accused of being a "Red Seaman," as they then called pirates, to escape was to become an accessory to the crime, and liable to same penalty. To break up a court and imprison the judges, who repre- sented the King of England, was rank rebellion and an unpardonable crime like treason. In view of these dark and evil accu- sations against the pioneer settlers of the old township of Middletown, whose descendants are now found among the most respectable citizens of this county and state, and in nearly all the other states of our union, it becomes impor- tant to understand the characters and interests and feelings of the leaders of the contending parties and factions of that time. Only in this way can we ascertain whether these charges are true, or only trumped up for political ends or to gratify private vengeance. It is also a very interesting and important period in our colonial history, for it ended the Proprietary government and brought about a new era in our history. When the last of the perfidious and false-hearted Stuarts was kicked out of England, and the Dutch king of "Glorious Memory" ascended the throne the principles of religious toleration which had long prevailed in the repub- lic of Holland, together with personal liberty, were established for the first time in England and her colonies, by constitutional law. It was the great revolution of 1688, the most important era in English history. The commercial interests of Holland had long demanded the suppression of piracy, and the interests of the great merchants of England, whose commerce was then next to the Netherlands, de- manded it for the same cause. William of Orange used all his power in this direction, and caused laws to be enact- ed by the English Parliament of the most severe character against this crime. In obedience to these laws and the earnest efforts of William of Orange to enforce them, the Lords of Trade sent the following order to the New Jersey proprietors and their officials in control of the provincial government: "That no Pirate or Sea-Robber be anywhere sheltered or entertained under the sev- erest penalties." This order was dated "February 9th, 1696-7."* some three years before "Moses Butterworth," one of Captain Kidd's men, came to New Jersey. At this period, and for many years thereafter, merchant vessels bound for distant seas were manned and armed like men-of-war, for there was often more fighting than trading. The waters of the East Indies and the China and Malay coasts swarmed with ferocious and savage pirates. No ship in those far-off waters was safe from capture unless well armed and manned with a large crew of fighting men. Morocco, Algiers, and other barbar- ous powers on the northern coast of ______ * Vol. II. N. J. Archives, p. 134-136. 53 EARLY DUTCH SETTLERS OF MONMOUTH. Africa had long made piracy a business. The capture and enslavement of white Christians was a legitimate and profit- able enterprise, according to their code of morals. The Netherland republic had for a long time previous to the landing of their Stadtholder and his Dutch troops at Torbay, tried to suppress these sea- robbers of the Mediterranean, while Charles II of England had encouraged and aided them to injure the commerce of Holland. After 1688, under the rule of the Dutch king, common sense and com- mon honesty began to guide the policy of the English government for the first time, since great Cromwell's death. The maritime nations of Europe, jealous of each other, and rivals in commercial colonization, were in this age almost constantly at war, and privateers were used to prey on each other's merchant ships. These privateers and armed merchant vessels when in the Pacific or Indian oceans, or along the Amer- ican Atlantic coast, did not hesitate to attack and capture vessels of another nation, even when at peace, if they thought the spoils warranted the risk. News in those days traveled slowly, and even if such atrocities were heard of from the other side of the world, witnesses to the facts would be lack- ing for "Dead men tell no tales." The American coast, particularly the Spanish Main, as called, was a favorite cruising ground for these half-pirates and half-privateers or armed illegal trading ships. Under the strong and resolute guidance of the Dutch king from the vantage ground of the Eng- lish throne, the old policy of the Hol- land republic was thoroughly and en- ergetically supported by England, to root out and exterminate these pests of trade and commerce* The readers of colonial history will remember how common it was in this agi to accuse colonial officers with harbouring pir- ___________ * Capt. Kidd. at this date (1701). was in prison in England awaiting trial for piracy. The English people were all agog over the thousand rumors about his horrible crimes on the high seas. His conviction and execution was a foregone conclusion. The commercial interests of England demanded a victim to serve as an example or "scare-crow" to intim- idate the sea rovers who infested the ocean. Capt. William Kidd happened to be the first one who put in the appearance at the wrong time for himself. At an earlier day when the Stuarts ruled or at a later day he would have been welcomed as a hero, like Jamison when he got back to England from his piratical ex- pedition against the Dutch farmers of the Transvaal. ____________ ates and sharing in their plunder. The charge was easily made if the pirate ships happened by chance or design to run into some bay or harbor, whether the governor know it or not; so if a pirate crew or part of them slipped into New York or Philadelphia to spend their gold in wild orgies or carousels, the balme would be cast on the gover- nor or harboring them, even if he had no knowledge of it. This charge was readily believed in England, for had they not been dumping thier vaga- bonds, thieves and adventurers into the American colonoies for many hears, and what better could be expected? To disprove such complaints and charges required an expensive and long voyage across the Atlantic ocean, with wit- nesses and legal delays and expensive lawyers to fee. Finding how credulous the English government was in enter- taining and acting on these accusa- tions, and how fatal it was to the polit- ical life of a colonial governor or other officer, it soon became a favorite wea- pon of the politicians or office seekers of that time, to make the charge of "harboring and inetertaining pirates" when they wanted to "down" some ob- noxious officer, or get his place for themselves and friends. This same charge was made against Governor Andrew Hamilton to the Lords of Trade under date of May 20, 1702, by William Dockware and Peter Sonmans, as follows: "His (Hamilton) encouraging and protecting pirates and receiving money from them, particularly Mereick and Elson, two of Averries' crew, who to- gether with several others, lived under his government unmolested 'till after- ward seized by his successor, (Basse) and by him delivered to the governor of New York.** Under date May 2, 1700, Governor Hamilton writes as follows: Since my arrival (December, 1699), I have taken four pirates into custody that came from Madagascar. Their names are James How, Nichcolas Churchill, Robert Hickman and John Eldridge. Eldridge's treasure is in the hands of Col. Quarry of Philadelphia. If the other three have any, it is hid in the woods, or elsewhere, for there is none to be found about them. How is a sensible man, and I presume if he is promised a pardon, can make consid- erable discoveries. I shall, pursuant to His Majesty's orders to my Lord Bellomont, (governor of New York with Admiralty jurisdiction) deliver up to ______________ ** N. J. Archives, Vol. II, p. 471. 54 EARLY DUTCH SETTLERS OF MONMOUTH. his Excellency the before names per- sons and what treasure I can at any time discover, belonging to them or any such people, who, I am sensible are a pest among mankind. Your Most Humble Servant, ANDREW HAMILTON, May, 1700. This letter proves that Hamilton knew that the courts of New Jersey had no jurisdiction over this crime. Only admiralty courts could try offen- ces committed on the high seas like piracy, and the governor of New York was vice admiral and there was admir- alty court in that province. For this reason the New Jersey officials were ordered to send all pirates taken in this province to Bellomont, the New York governor. This is just what Hamilton writes he will do. and this was his only duty in the premises. The county courts of Monmouth had no more jurisdiction over piracy or other crimes committed outside of its terri- tory, than they have today. Only crim- inal offences committed within the county boundaries can be tried in the county courts. Besides, Hamilton resided at Bur- lington, in Burlington county, and any examination to see if there was prob- able cause to believe him guilty and so hold him, could have been taken before a justice of that place. In the above four cases Hamilton does not bind any of the four men to appear before the high court of Common Right at Perth Amboy or any of the county courts of sessions. Neither does he take any ex- amination before a justice or himself, but writes that in pursuance of King William's orders he will deliver up the four pirates to Governor Bellomont of New York. This was all he was re- quired to do and all he could do in such cases. How then, can we explain his action at Middletown village in the case of Moses Butterworth, Capt. Kidd's man, as he admitted? If he confessed his guilt there was no necessity for any examination to ascer- tain if there was probable cause to de- prive him of his liberty. And why bind over a "self-confessed pirate" to ap- pear before a county court at a remote place In the woods, as Middletown vil- lage was then situated, when it could just as well have been done before Hamilton himself at Burlington. His duty at the most in such crimes was merely that of a committing mag- istrate. And what necessity was there for Hamilton as governor to preside formally at the remote courts of Mon- mouth, when Lewis Morris or Capt. Samuel Leonard, two of his council, were fully capable of transacting all the court business. All these questions can be answered, and the old settlers of Middletown, like Daniel Hendrick- son. Jacob VanDorn, William Hen- dricks, and others cleared of this accu- sation that they broke up a court to rescue a "Pyrate" and were "the most ignorant and wicked people in the world." This "pirate business" was a device or scheme of Lewis Morris, Hamilton, Leonard and others to throw blame on their political opponents, and put them in false position or "hole," as modern politicians call it. They also wanted to hide the real issues involved, and particularly such questions as would cause the proprietors to lose the right of government over New Jersey. This pirate, Moses Butterworth, was "a good enough Morgan" for their purposes, but like all other frauds and deceptions they overreached themselves, when they put on record that he was a "self confessed pirate" and when this court had no jurisdiction either to try or punish him, even if he had been "Bloody Blackbeard" in person. 55 SAYINGS AND DOINGS OF LEWIS MORRIS OF MONMOUTH AND ELSEWHERE. Andrew Hamilton had served as gov- ernor of New Jersey from 1692 to 1697, when he was superseded by Jeremiah Basse, an Englishman. The proprie- tors wrote from England that Hamilton was dismissed, not for any fault, but because all Scotchmen were debarred by a late act of parliament, from hold- ing offices of trust or profit in an Eng- lish colony. The people of Middletown were very jubilant over this news, for they had long been governed, much to their dis- gust, by Scotch officials. They not only regarded the Scotch as foreigners, but felt that they had been transferred wrongfully to the control of these strangers. These Scotch officials also represented the proprietors and pushed them for "quitt rents." The Middletown people had not only procured a patent for the territory of Monmouth with right of local govern- ment, from the authorized agent of the Duke of York (for it was clearly with- in Nicoll's instructions) but they had actually paid out their hard cash, and occupied the lands before any notice was given of the transfer of New Jer- sey to Berkeley and Carteret. The pioneers of Monmouth had ex- pended £369-1/2, or $1,847 in buying out the Indians' title to part of what is now Monmouth county. If this money had been put out at interest at 6 per cent, and the interest invested each year from 1667 to 1898, it would now amount to more than the assessed valuation of the real estate in "Newasincks, Navar- umsunk and Pootapeck Necks." as they called the lands so bought of the red men. Besides, $1,817 was a large sum of money for men living in the wilderness of the new world in that day to raise. Money was then very hard to get. They were also obliged to make many jour- neys through Rhode Island and Long Island, to persuade men to subscribe for these expenses and to migrate to this region, and so make up the num- ber their patent required. They were subjected to trouble and expense of transporting their families, stock and goods across the water. To survey, lay out lots and roads, clear lands, build cabins, plant crops, protect stock and crops from wild animals, and themselves from the savages, required the hardest physical labor with their few and rough tools. Nearly every- thing was done by the hardest physical toil. For the most part they were un- educated men and women, yet they had to organize townships, enact local laws, establish courts and elect officers. They had no go betweens like clergymen, physicians, undertakers, and lawyers, but did their own praying, their own doctoring, and burying their own dead. After all this trouble, expense and hardship, they are suddenly told that their patent is worthless, and some people whom they had never heard of, not only own their lands but have the right to govern them. That these new and strange owners of the soil, and the rulers of the inhabitants thereof, are called Proprietors, "such a name as we simple creatures never before heard of" they frankly say. They are called upon to swear allegiance and obedience to these "unheard-of" rulers, and to pay them rent for their lands and bet- terments. Nobody offers to repay them for the money laid out for the Indian title, the true American lords of the soil. Their time, labors, and improve- ments are all owned by somebody else, and they are required to pay rent to them as tenants. Three separate proclamations came from Charles II, King of England, that they must submit and obey Berkeley and Cartaret or their assigns, or be punished by the severest penalties of the law. They are told by the agents of the Lord Proprietors, that they must pay rent for the lands they occuppy and render due obedience, or their goods will be distrained, and they prosecuted by law as mutineers or rebels. Their reply to these demands can be found in the old township book of Mid- dletown, and it is well worth reading, for it was the first declaration of in- dependence uttered on the American continent. The substance is that they "will stick to their patent" and may God defend the right. Their treatment was unjust, but the blame falls on that royal scoundrel 56 EARLY DUTCH SETTLERS OF MONMOUTH. Charles Stuart, and his false-hearted brother known in history as the Duke of York, and later as James II of Eng- land. Richard Nicolls had full author- ity from the Duke of York to grant the Monmouth patent under his general in- structions. The principal under such circumstances was bound by the acts of his agent, before the authority was revoked, and before notice was had of any transfer by the principal. The Duke of York made the transfer or assignment of New Jersey to Berkeley and Cartaret, after Nicolls had sailed from England, and before any notice of their successful robbery of the New Netherlands from the Dutch in time of peace. Berkeley and Cartaret had never expended a single cent or did one stroke of work for this land. They were the sycophants and toadies of Charles II, and his boon companions in his midnight orgies and daylight adulteries. Every principle of equity demanded that Nicolls' grant, followed by actual purchase from the true owners, and settlement, without notice of a secret prior transfer, if such was the fact, should have been upheld, if there was any justice in the laws of England. It would today in any equity court of these United States. It is very ques- tionable whether the grant to Berkeley and Cartaret was really prior in point of fact. Charles II and his brother. James II, respected neither the rights of their own subjects in England, or of anybody else, except the King of France and the Pope of Rome. To antedate a charter of this kind would be a small trifle in their eyes. Besides, who would dare question it or call them to ac- count? Surely not the poor people in the wilds of America three thousand miles away. The character of Charles II has been truly portrayed by Gilbert Burnet, Bishop of Salisbury, who lived during his reign, in the book called "History of His Own Time." He com- pares Charles to Tiberius, the infamous Emperor of Rome. But what could be expected of a so-called King, who dragged the poor bones of Great Crom- well from the grave, and suspended them on a gibbet. When Cromwell was alive he never dare look him in the face, but when dead he takes a con- temptible savage revenge on his corpse. A man who would do such an act would not hesitate to rob a friendly nation of their territory, or his own subjects of their rights, by dating back a docu- ment like the charter of New Jersey. Neither would a man like the Duke of York, who fostered, upheld and pushed on George Jeffrey, the judicial whole- sale murderer, Tom Boilman. and John Graham of Claverhouse, "the three heroes of his reign," hesitate at such a small matter as ante-dating a transfer of wild lands across the Atlantic. James II, not his tools and creatures, is responsible for the horrors which followed Monmouth's rebellion in 1685, and which followed his efforts to estab- lish prelacy in Scotland. So this false- hearted, cruel tyrant is responsible for the proprietary government of New Jersey and their ownership of the soil. The last has been a curse and a wrong to our people in Monmouth county from the day it was granted, down to the day within our memory, when they sold land under Shark river at public sale for a song, and took up lands on the coast next to Belmar, Spring Lake, and other places, clouding titles by whole- sale, and selling them for insignificant sums of money, compared to their real value. Yet we find certain American historians of the New England type who try to justify Charles II. "The king can do no wrong." for he rules by divine right, seems ingrained in the minds of people who worship aristoc- racy and royalty. "These be thy gods. O Dudes and Dudesses!" Today, how- ever, such superstitious, slavish, and snobbish ideas have no influence with sensible people who have any con- science and respect the right of their fellow men and their own manhood. When Governor Basse arrived in East Jersey, he appointed two of the leading and trusted citizens of Middletown. Capt. Andrew Bowne and Richard Hartshorne, members of his council. Lewis Morris of "Tintern Manor" was "left out in the cold." This was a sev- ere blow to his pride and ambition. He was that kind of a man who would either "rule or ruin." His very signa- ture, if handwriting is any indication of character, shows that he had a high opinion of himself. This slight, to- gether with the appointment of his political opponents, Bowne and Harts- horne. to the council stirred up all the gall in his body. He became a bitter and bold opponent of Governor Basse. He now arraigns the proprietors in the severest manner, telling some very un- palatable truths, and alleging that "Nothing they say or do can be depend- ed upon or believed." This Lewis Morris made more history in East Jer- sey between 1695 and 1746, than any other man during those years. He was certainly a remarkable man. To under- stand his character we must consider 57 EARLY DUTCH SETTLERS OF MONMOUTH. his sayings and doings, for there is much of both in our county and colon- ial records. We cannot understand the history of these times unless we under- stand Lewis Morris. He was a nephew of one Lewis Morris who had served as Captain of a troop of horse under Cromwell, the greatest Englishman that ever lived. After the Stuarts were restored he emigrated to the island of Barbadoes, and from there removed to New York in 1673. He or his brother Richard, then deceased, had acquired a large tract of land in what are now Shrewsbury and Atlantic townships. He started an iron foundry at Tinton Falls with bog ore. He left Monmouth in 1686 and died in 1691, on his planta- tion near Harlem, N. Y., afterwards called by his nephew, Lewis Morris, the "Manour of Morrisania." He was very fond of calling his wild lands "Manors." It gave him consequence, he doubtless thought, for a grand name goes a long way with people, who cannot distin- guish between words and their real meanings underneath. At a court held at Middletown village in September, 1686, Lewis Morris is ar- rested and brought before the court, on a charge made "on oath of a negro woman named Franck." The offence or crime is not stated. This omission, to- gether with the fact that Morris did not stand any open trial, would indi- cate that it was a scandalous or dis- graceful accusation. Instead of fight- ing it by evidence and trial, he pro- cures a writ of habeas corpus from Governor Gawen Laurie, and removed the complaint to the next court of Com- mon Right at Perth Amboy. I do not know what the records of this court show in October, 1686, but would not be surprised if it was quietly consigned to the "Tomb of the Capulets." A poor' negro wench, doubtless a slave, could not follow up such a case against a man like Lewis Morris, however griev- ous her wrongs. The next entry is at a court held at Middletown village March 22, 1687: "Lewis Morris' commission as justice of the peace is read." This appointment made him one of the associate judges of the Common Pleas and General Quarter Sessions of the peace, according to the laws of England. From this time until 1746, or about 60 years. Lewis Morris was a very con- spicuous man in political affairs of East Jersey. No man either in colonial or state history, had a longer political life or more bitter quarrels and antagon- isms. He reached the highest position, when he became His Majesty's Gover- nor of New Jersey. He died in 1746, while in office. On page 73 of Book C of Deeds, Mon- mouth clerk's office, we find one Ben- jamin Hicks, who with others had been indicted for same offense, giving infor- mation against Lewis Morris and others for "running of races and playing at nyne pins on ye Sabbath Day." No ac- tion however, was taken against the newly fledged justice, but Hicks and his comrades were fined five shillings each for "racing and playing nyne pins on ye Sabbath." In 1691 we find Lewis Morris sitting as one of the associate judges of the Monmouth courts. John Johnstone, a Scotchman, being president judge, and Capt. Samuel Leonard acting as pros- ecutor, or as then called "His Majes- ty's attorney." In 1692 Morris was appointed by Gov- ernor Hamilton a member of the Coun- cil of New Jersey. This was an influ- ential position and gave Morris access to, and influence with, the men who then ruled New Jersey. He seems to have ingratiated himself into the con- fidence of Hamilton and his Scotch sup- porters, for he soon became Hamilton's right-hand-man and trusted lieuten- ant. From this time onward he was one of Hamilton's most zealous and faithful partisans. We now find a third Lewis Morris turning up as a justice of the peace in this county, and sitting along side of the other Lewis Morris in our county courts. He is described in the old rec- ords as "Lewis Morris of Passage Point," (afterwards known as Black Point.) I think these two men were cousins, but am not sure of it. At all events they were close and intimate friends. "Lewis Morris of Tintern Manor," as member of the council had sufficient influence to have his friends in Monmouth appointed to office. The records of a court held at Mid- dletown village, September 1694, show that Lewis Morris of Passage Point is indicted because "he, with several of his negroes did feloniously take away the hay of William Shattock." As usual there is no trial, for the indict- ment is removed by habeas corpus to the Court of Common Right. "Lewis Morris of Tintern Manor" entered into bond for "Lewis Morris of Passage Point." It does not appear that Shat- tock ever got back his hay or received any other satisfaction. The grand jury of this court also present Lewis Morris of Tintern Manor "for fencing in the highway." Al- 58 EARLY DUTCH SETTLERS OF MONMOUTH. though present on the bench, the two Morrises and the other judges order that a summons issue for his appear- ance at next court. At the next court held at Middletown village March 27, 1695, we find both Lewis Morrises on the bench, as they were very punctual in their attendance. Lewis Morris of Passage Point is arraigned on an in- dictment "for striking Nicholas Sarah several blows." The Honorable Lewis Morris of Passage Point did then in- form Honorable Lewis Morris of Tin- tern Manor and other justices "how matters stood." for so the record has it, and then without hearing Nicholas Sarah, or any evidence or trial, "the in- dictment was dismissed by the bench." Thereupon the two Lewis Morrises "did desire to withdraw and go home, by reason of their families being sick." Which request was granted, and so they went out. mounted their horses and rode out of Middletown, doubtless laughing and joking on their way home to Shrewsbury, over the fruitless efforts of poor Nicholas Sarah to take the law of a "big Lewis Morris." At next court, Lewis Morris of Tintern Manor is again presented by the grand jury for "fencing in ye highway that goes to Freehold and Middletown." Al- though present on the bench, the court orders a summons issued for him to appear and answer at next court. The fates at this time step in and re- lieve the people of Monmouth of one Lewis Morris, for "he of Passage Point was murdered by his negroes." The surviving Lewis Morris, however. proved himself an able bodied and ro- bust Morris, and gave the Middletown people all the trouble and fighting they wanted. At next court in March, 1696, Thomas Gordon, a Scotchman, who pro- fessed to be a lawyer, is appointed prosecutor. He was one of Lewis Mor- ris' political and perhaps personal friends. When the presentment against Lewis Morris for "fencing in the high- way" was called up. Gordon coolly turned to the people present, and de- manded a fee from some one, before he would try this indictment. As Gordon well knew, no individual would volun- teer in such a case, or pay such a fee as he demanded. The records then go on to say "there was no one to prose- cute the said Lewis Morris, so the pre- sentment was quasht." At a Court held at Shrewsbury in September, 1698, Lewis Morris is again presented for fencing in the highway between "Tinton and Swimming River bridge." The same presentment was made in September, 1699, and nothing done. During a part of this period from 1692 to 1699 Lewis Morris had considerable private civil litigation with several of the citizens of the county. Capt. Andrew Bowne and Richard Hartshorne were judges of the county part of this time, but they did not permit Morris to have his way in everything. They learned from their intercourse with him to distrust him, and he had but little influence with them after 1696. Capt. Bowne and Richard Hartshorne were also judges of the Court of Com- mon Right held at Perth Amboy in 1698-9. At a court of Common Right held at Perth Amboy May 11, 1698, Gov- ernor Jeremiah Basse, presiding and Capt. Bowne and Richard Hartshorne with four other judges also sitting on the bench. Lewis Morris came into court and insolently demanded by what authority they held court. The judges replied "By the King's authority." This Morris denied. The Court then ordered his arrest for open contempt. Lewis Moris defied them to arrest him. and said "He would fain see who darst lay hold on him." Thereupon, a constable took hold of him but he re- sisted, and tried to draw his sword or hanger, as then called.* The judges fined him £50 ($250) for "his denying the authority of the court and open contempt" and ordered him committed to prison until paid. The fine, I think, he paid, but it did not quiet but rather spurred him on to more insolent measures. He, and his political allies, Thomas Gordon and George Willocks go through East Jersey, holding public meetings and denouncing in the sever- est manner Governor Basse and the Proprietors. They soon stir up the people to acts of violence. In May, 1699, the following warrant was issued to arrest Lewis Morris.** "To the Sheriff of the county of Middlesex, his under sheriff or deputy, or either of them : "Whereas we are informed that Lewis Morris of Tinton, in the county of Monmouth, and province aforesaid, Gent., did in April last in Perth Amboy in the said province, sed- itiously assemble with others and endeavor to subvert the laws of this province and did by malicious and reproachful words, asperge the governor of said province, contrary to the peace of our Soverign Lord the King, and the laws in such cases made and provided. These are therefore to will and require, and in His Majesty's name, strictly to charge and com- * Vol. III, N. J. Arch., p. 476-7. 479 and 480-81. ** Vol. III, N. J. Arch., p. 481-82. 59 EARLY DUTCH SETTLERS OF MONMOUTH. man. I you, to take into your custody the said Lewis Morris, and him to convey to the jail of your county, and there safely to keep, until he shall stive sufficient security in the sum of three hundred pounds ($1,500) for his appear- ance at the Court of Common Right to be held at Perth Amboy the second Tuesday of Octo- ber next, then and there to answer the prem- ises; and in meantime to be of good behavior towards His Majesty and all his liege people. Hereof fail not at your peril, and for so doing this shall be your warrant. Given under our hands and seals May 11, in the eleventh year of the reign of our Soverign Lord, William the Third of England, A. D. 1699, at Perth Amboy in province aforesaid. ANDREW BOWNE, JOHN ROYCE, RICHARD HARTSHOIRNE, THOMAS WARNE, SAMUEL DENNIS. On the 12th of May, 1699, or the next day after the date of the above war- rant, the grand jury of Middlesex county presented Lewis Morris. George Willocks. and Thomas Gordon for a breach of the laws of this province, according to that act entitled, 'For the better maintaining of and upholding the authority of this province.'* By order of the grand inquest, Ephraim Andrews, Foreman." Lewis Morris and George Willocks were both arrested under these pro- ceedings, and locked up in the County jail of Middlesex, then at Woodbridge. They were "in durance vile." how- ever, not many hours, for on the night of May 13, 1699, between 2 o'clock and 4 o'clock, when people sleep the sound- est, Isaac Whitehead, with many other "Malefactors and Disturbers of the King's Peace," as the indictment states, "did assemble with clubs, staves, and other weapons at Woodbridge, and did with a beam break down the door, and did seditiously break into the common jail and released two prisoners, Lewis Morris and George Willocks, imprison- ed for high crimes and misdemeanors" and let them out and set them at lib- erty.** This imprisonment and his de- liverance in the night by a mob of his friends, did not cool Lewis Morris down, for only three days later, he and George Willocks write the following impudent letter to the judges of the Court of Common Right, who had sign- ed the above warrant: - To Capt. Andrew Bowne. Mr. John Royse, Mr. Thomas Warne, and company, etc. Sirs. We are now able (God be thanked) to treat with you. any way you think fit. If you had valued either your own or the welfare of the government, your procedure had been more calm. Your day is not yet out, and it is in your power to follow the things that make for peace, and if you do not, at your door will lie the consequences. Our friends will not suff. us to be putt upon [imposed on]. Farewell. GEORGE WILLOCKS. LEWIS MORRIS." May 16 at one in the afternoon, 1699.*** Upon receipt of this defiant and threatening missive, the council called for a conference with the House of Representatives, for the Provincial Legislature then convened at Perth Amboy. Capt. Bowne presented the above letter which was read, and time asked to consider what should be done. Finally a committee of seven members was appointed by the Assembly to con- fer wtih the council. This conference resulted in a recom- mendation, that an Act be passed "to suppres any insurrection."**** In mean time to avoid arrest, Lewis Morris and George Willocks had procured a sloop to lay off shore at PErth Amboy. As soom as Willocks had delived the letter he went on board of this vessel, where Lewis Morris awaited him. Then they sailed along in front of Amboym in full view from the building where the Council and representatives were as- sembled, firing guns and making other defiant demonstrations, and so went off down the bay. It is no wonder that the Provincial law-makers recommenced a bill to suppress insurrection.***** Soon after this Morris wrote the letter pub- lished on pages 491-86 [sic] Vol. III, N. J. Archives. On page 495 he writes "you were very hott in binding us to our good behaviour." This shows that it was addressed to Capt. Andrew Bowne and others of the Council, and after his arrest, for there is no date on the letter. This letter is well worth reading, for it shows how abusive and personal Morris could be. and the stinging way he had oi saying things. It is a fair specimen of his ability in vituperation when so disposed. Public affairs were now in such con- fusion and disorder, that Governor Basse lost heart, and to get away from the threatening danger, made an ex- use that he had important business in England, and so sailed away, throwing the whole burden of his broken and disjointed administration on the shoul- ders of quiet but honest and sturdy Andrew Bowne of Monmouth, who was appointed Deputy Governor. * Vol. III, N. J. Arch., p. 481. ** Vol. III, N. J. Arch., p. 480 and p. 486. *** Vol. III, N. J. Arch., p. 483. **** Vol. III, N. J. Arch., p. 483 -4-5. ***** Vol. III, N. J. Arch., p. 407. 60 EARLY DUTCH SETTLERS OF MONMOUTH. Capt. Bowne assumed the duties, and with his strong common sense managed to get along, without any other open out- breaks of a serious nature. Governor Basse left New Jersey for England in June, 1699, but before he got back, another sudden change oc- curred, which put him out of office, and once more put Lewis Morris on the top wave of political power in East Jersey. "Vae Victis," his opponents perhaps thought, when they learned of this up- heaval in political matters. Governor Basse must have reached England some time in the early part or August, 1699, or perhaps in the latter part of July, for it depended very much upon favorable winds. He no doubt reported truly to the proprietors how disorder and anarchy reigned rampant in East Jersey, and that the "Unruly Scots," led by Lewis Morris, were the cause thereof. There must also by this time, have been plen- ty of written communications coming over from East Jersey, filled with con- flicting accusations and complaints. The proprietors themselves were split up into factions and cliques. Thinking that Hamilton, from his previous ex- perience and influence as governor, could calm the troubled political waters, part of the proprietors on the 19th of August, 1699, commissioned him governor at East Jersey. This commission lacked the provincial seal of East Jersey, and was without the signatures of many proprietors who opposed Hamilton. Neither did they get King William of England to ap- prove Hamilton's appointment, as the laws of England required. Nevertheless, with this illegal and defective commission, Andrew Hamil- ton sailed for America and arrived in New Jersey in December, 1699. With the aid of Lewis Morris. Thomas Gor- don. George Willocks. and his other old political followers, he published his commission, and took charge of the government of New Jersey, before the people knew of these defects in his commission. He at once appointed Lewis Morris president of the council and Capt. Samuel Leonard of Monmouth likewise a member. Capt. Andrew Bowne was relegated to private life. Thus Lewis Morris ranked next to the governor and had more influence with him than any other man in the colony. He was in power and authority, and no doubt remembered his incarceration in the Woodbridgre prison and his mid- night escape. He used his power mercilessly and "turned down" all the old officials in Monmouth, putting his old friends, principally from Shrewsbury township, in their places, for he could not be ex- pected to select justices from "the most ignorant and wicked people on earth," and his political opponents, too. He had Governor Hamilton appoint Gawen Drummond, a Scotchman, in place of James Bollen, the old county clerk. Dr. John Stewart, a resident of what is now Eatontown township, also a Scotchman, high sheriff in place of Daniel Hendrickson; Samuel Leonard and three other residents of Shrews- bury township were commissioned jus- tices of the peace. They were all new officers, with the exception of Capt. Leonard, who was a practical politician of experience. The first court in Mon- mouth to meet after their appointment was on the fourth Tuesday of March ensuing, after Hamilton's arrival in December, 1699. In the meantime the people of Middletown had become well informed as to Hamilton's defective commission, and that he had not been approved by King William. It was still believed among the English set- tlers of Middletown, as has already been mentioned, that all Scotchmen were debarred by English law from holding offices over "true born Britons." Although this was a mistake, yet it was an honest belief, founded on their feel- ings and prejudices and on former in- structions from the proprietors them- selves. Now they beheld to their great indignation and astonishment, a whole horde of Scots placed over their heads for them to render obedience to. Lewis Morris and other leaders of the Scotch party, had in Basse's adminis- tration set an example of defiance and violence, and they were considered cap- able of any lawless or desperate act to grasp power or accomplish their ambit- ious designs. For was it not proved by fhe written declarations of three honest Quakers of Shrewsbury township, that Lewis Morris had said openly in their presence at the house of Abraham Brown in that township, that he had taken an office from Governor Hamil- ton, and would enforce his authority or "spill the blood of any man who resist- ed him!" That he had no scruples of conscience like Quakers; that he "would go through with his office though the streets run with blood." * Those bloody and savage threats by the president of Hamilton's council were, of course, carried to the people of Middletown, and stirred up the belief that Hamilton and his party would stop * Vol. III. N. J. Arch., p. 485. 61 EARLY DUTCH SETTLERS OF MONMOUTH. at nothing to enforce their authority. It also aroused their anger and strengthened their determination not to submit to a Scotch usurper and his bogus officials, for so they regarded them. Under such hot indignation, in- tense excitement, and wild rumors, Daniel Hendrickson, John Ruckman, John Bray, Samuel Forman, Eleazer Cottrell and other Middletown citizens, were summoned to serve on the grand jury at the first court, where Lewis Morris and the newly appointed jus- tices, were to sit. This court met at Middletown village, March 26, 1700, and held court in the second story of the block house, which stood on the knoll where the Episcopal church now stands. The stocks and whipping post stood in front, next to the six-rod road, which ran through Middletown village from west to east, as it does now, except that it has been greatly narrowed at the west end of the village. In Vol. II, N. J. Archives, pages 364-5-6, appears what purports to be a true copy of the minutes of this court. The compiler has made an error of one year in the date. The date is given as March 26, 1701, but according to the original minutes now in the Monmouth county clerk's office, which anyone can see, who will look, the true date is March 26, 1700. This mistake in the archives throws confusion on the order of events and is an inexcusable one. The compilers might have known from the language of the record itself, that there was an error in the date. The first two lines state that "the Commissions of the Jus- tices were read." This was only done when newly appointed justices took their seats for the first time on the bench. There were no newspapers or printing presses, and the only way of giving public notice was by oral an- nouncements to the people. Besides the records of the court held March 25th, 1701, which is published on the preced- ing page, and which the compiler must have read, states that all the justices were made prisoners and kept under strict guard from the 25th to the 29th of March, 1701. How then could a court have been held while they were cap- lives, or how could they have ordered their captors fined and taken into cus- tody? Accuracy and truth are the first and last requisites in historical records, and such a mistake made in a record now on file in the Monmouth clerk's office, right under the nose of the com- piler, throws doubt on the accuracy of the whole work. It may be said that the mistake was in the certified copy, sent by Morris to England, but if this was so, a note should have been made of this error in the archives. The minutes of the court of general quarter sessions of the peace, now (1899) in Monmouth clerk's office, show that this court was held at Middletown village March 26, 1700. None of the citizens or residents of Middletown township are represented on the bench. They are all from Shrews- bury township appointed by Hamilton, subsequent to December, 1699. CAPT. SAMUEL LEONARD, President. JEDEDIAH ALLEN, SAMUEL DENNIS, ANTHONY PINTARD, Justices. After court opened, the new justices' commissions are read. Then the panel of grand jurors are called by Dr. John Stewart, the high sheriff. Eleazer Cottrell is first called, and he refuses to serve as grand juror, be- cause the justices have no legal auth- ity to hold court, being appointed by- a usurping Scotchman. That Hamilton was not approved by the King of Eng- land and had no right to commission them. The court answered this obje- tion by ordering "the sheriff to take [Cottrel] into custody" for open con- tempt. Then Richard Salter, an Eng- lishman, who professed to be a lawyer, arose and protested against the arrest of Cottrell. He denied the legal right of the men then on the bench to hold court, that it was a bogus court created by a usurper and a Scotchman, who was debarred by statute law of England from holding office over "free born Englishmen." The justices shut up Salter by ordering the sheriff to arrest him. and so his stream of eloquence ceased to flow. Then James Bollen, the old clerk, was called on to deliver up the records and papers of the clerk's office to the new clerk, Gawen Drummond. BoJJen flatly refused to do so, because of the serious questions about the legality of their appointment, and whether they were a lawful court, but still will give them up. so that they may go on with the business, if the justices will give him and indemnity bond in the sum of £10,000 ($50,000) so that he may not suffer financially, if it turns out that they are only sham justices under a usurping governor, Capt. Leonard and his associates appear now to be in a quandary. They do not know what to 62 EARLY DUTCH SETTLERS OF MONMOUTH. do. Without grand jurors and the court records, no legal business can be transacted. To gain time and consult as to the best course, court is adjourned for two hours. Lewis Morris is not present on the bench, but he may have been within convenient distance for consultation and to direct his men. It is quite likely he was with them at their two hours' consultation, or sent in his opinion as to what should be done. At the expiration of the two hours, the justices again open court, although Lewis Morris puts in no ap- pearance on the bench. They have made up their minds as to their proper policy or course of action. Thej ordi r Cottrell and Salter discharged from Sheriff Stewart's custody. They knew if they committed them to jail, that it was in Middletown village and in the enemy's camp, and that they would at once be released. Neither did they dare order the sheriff to take them to an- other place, as they saw from the tem- per of the people, that it would be re- sisted by force, as did happen later. Therefore to gain time and avoid actual violence, they release the two men, but order Cottrell fined £3 and Salter £15 (he being a lawyer who should know better), and that the sheriff should make their fines by seizure and sale of their personal property, and to have the money in the court to be held at Shrewsbury on the fourth Tuesday in September next. They also fine Daniel Hendrickson, John Bray, John Wilson, Jr., Moses Lippet, and other Middletown men, for refusing to serve as grand jurors, or, as the record has it "contempt and mis- behavior before this court" in the sum of forty shillings each ($10.00) and or- der the sheriff to levy on their goods and sell them, and have the fines before next court in September. Finding that the people will not recognize them as a court, and that no business can be done, they adjourn court, mount their horses and ride over to their homes in Shrews- bury township. There must have been an interesting conference at Morris' house in Tinton Falls that evening, about the "bad and wicked people of Middletown." The attempt of Sheriff Stewart to col- lect the fines from Salter, John Bray and others, led to resistance, and then other warrants of arrest were issued by the Morris justices. The sheriff and his deputy, Henry Leonard, in attempt- ing to serve them and capture Salter and Bray, was set upon July 17, 1700, and badly beaten by Salter, Jacob Van- Doren, Arie (Adrian) Bennett and others, as has already been detailed. At the next court in Shrewsbury in September, 1700, following the above incidents, we find Lewis Morris sitting as presiding judge and the others al- ready named, sitting as his associates on the bench. Arie (Adrian) Bennett is brought be- fore the court to answer an indictment for assault and battery on the High Sheriff and Henry Leonard. Bennett admitted that he was present when they "beat and wounded the sheriff and cracked their swords" but that he "did not assist with his own hands. The court orders him committed to the sheriff's custody, until he gives security in £100, to appear at the next court. Another court is held in Shrewsbury by Morris and his justices on the 17th of October, 1700. It seems to have been one of Morris' special courts. John Tilton is committed to sheriff's custody for signing a seditious paper. Thomas Gordon the Scotch lawyer, is present, and he informed the court that he had some money for Cornelius Comp- ton of Middletown, "one of those rioters and fellons" who refused to be arrested and brought before the court. The court orders Gordon "not to pay over this money until Compton was cleared by law." As this never occurred Gordon must still have the money. Joseph Clark is also committed to common gaol for one month, or pay a fine of 20 shillings for refusing to assist the jus- tices of the peace to "apprehend certain rioters. Garrett Boels is also committed to gaol, unless he gives security in £20 for his appearance at next court to be held at Middletown on the fourth Tuesday of March next, and all this because Boels put his mark or cross to a "sed- itious paper." Thomas Webly, "for contemptuous and reproachful words in court" and otherwise misbehaving himself in the pri si nee ol the justices, is ordered to pay a fine of five shillings immediately. for the use of the poor, or be put in the stocks for two hours. Mr. Webly pre- ferred to pay the five shillings at once. Here it would be interesting to know- when and how Thomas Gordon paid the money to the "poor." It perhaps got mixed up with "Compton's money." Then comes High Sheriff Stewart, with another sad and unhappy com- plainl about the bad men over in Mid- dletown. He tells the court that Gar- rett Wall. James Bollen and Arie (Adrian) Bennett, whom the court had 63 EARLY DUTCH SETTLERS OF MONMOUTH. committed to his custody on September 24th last, had forcibly escaped from, run away and stayed away, so that he was unable to obey the orders of the honorable court, and have their bodies before the court of the Common Right at Perth Amboy. Whereupon the sheriff is again ordered to have them before the court at Middletown on March 25th next. The high sheriff also reported more perverse and ugly conduct on the part of the Middletown people. That the fines imposed on Richard Salter, Daniel Hendrickson, John Bray and others by the court on the 26th of March, 1700, for their "contempt and misbehavior." before the faces of the court, he, as high sheriff, had been unable to collect. The court again ordered him to make the said fines out of their respective goods and chattels, and have the money before the next court. No jury is called and no other business is done except as above. Morris and his friends had full and sufficient warning and notice, that the Middletown people would not submit to and obey the courts as then constitu- ted. When Hamilton and Morris with their little army of 50 armed men had marched through Middletown village the preceding July, they had been res- olutely met by 100 or more determined men, who meant fight, if a single blow had been struck. They, therefore, knew what was likely to happen and what did happen at the next court at Mid- dletown.* To make a diversion they got a man named Butterworth to admit that he was a pirate, and had been one of Kidd's crew, and bound him over to appear at the court in Middletown on March 25, 1701. I should be glad to know the names of his bondsmen, if any. It was what in modern slang is called a "set up job." They wanted to raise a new issue which would receive favor in England. They knew the de- ficient and illegal nature of Hamilton's commission, and that they had no chance in those questions. It would only hasten the day when the right of government would be taken from them and vested in the English crown. This they wanted to avoid. Those records were framed under the supervision of Morris, Hamilton or Gordon, some time after the occurrence. The records of the court of March 5, 1701, could not have been written up in the minutes until after expiration of their four days' __________ * See letter of July 30, 1700, N. J. Arch., Vol. II, p. 329-31, threatening arrest of Morris and Hamilton. ___________ imprisonment, so that they had plenty of time to set out the facts about the self-confessed pirate." The following is a true copy of the record of this court, which made so much talk and excitement in New Jer- sey, and among the Proprietors in England, and which brought public matters to a conclusion so far as any further attempts to coerce and drive the people of Middletown township. March 25, 1701. Monmouth, ss. At a court of sessions held for the county of Monmouth at Middletown, in the county afore- said and province of New Jersey: COL. ANDREW HAMILTON, Governor LEWIS MORRIS. SAMUEL LEONARD, Esquires of the Governor's Council. JEDIDIAH ALLEN. SAMUEL DENNIS. Justices. The court being opened, one Moses Butter- worth, who was accused of piracy, and had confessed that he had sailed with Capt. Kidd. in his last voyage, when he came from the East Indies and went into Boston with him. He was bound over to appeat at this court, that he might be examined and disposed of according: to his majesty's orders. The said Butterworth was called and made his appear- ance. When the court was examining him. one Samuel Willett, an Innholder, said that the "governor and justices had no authority to hold court, and that they would break it up." He accordingly went down stairs to a com- pany of men, then in arms, and sent up a drummer, one Thomas Johnson, into the court, who beat upon his drum. Several of the Com- pany came up with their arms and clubs, which together with the drum continually beating, made such a noise (notwithstanding open proclamation made to be silent and keep the king's peace) that the court could not ex- amine the prisoner at the bar. And when there were (as the court judged) betwixt 30 and 40 men with their arms and some with clubs, two persons, viz. Benjamin Borden and Richard Borden, attempted to rescue the pris- oner at the bar, and did take hold of him by the arms and about the middle and forced him from the bar.** The constable and under sheriff, by the com- mand of the court, apprehended the said Bor- dens upon which several of the persons in the court room assaulted the constable and under sheriff, (the drum still beating and the people thronging up stairs with their arms) and rescued the two Bordens. Upon which the justices and king's attorney of the province, after commanding the king's peace to be kept; and no heed being given thereto, drew their swords and endeavored to retake the prisoner and apprehend some of the persons concerned ** The pirate seemed very unwilling to be res- cued but had to be dragged out from the pro- tection of the court! 64 EARLY DUTCH SETTLERS OF MONMOUTH. in the rescue, but were resisted and assaulted themselves, and the examination of the pris- oner torn to pieces. In the scuffle both Richard Borden and Benjamin Borden were wounded. But the endeavors of the court were not effectual in retaking the prisoner. He was rescued, carried off and made his escape.* And the people, viz: Capt. Saftie Grover, Richard Borden, Benjamin Borden, Obadiah Holmes, Obadiah Bowne. Nicholas Stevens, George Cook, Benjamin Cook, Richard Osborne, Sam- uel Willett, Joseph West, Garrett Boulles, (Boels), Garrett Wall, James Bollen, Samuel Forman, William Winter, Jonathan Stout, James Stout, William Hendricks, John Bray, William Smith, Gershom Mott, Abner Heughs. George Allen, John Cox, John Vaughn, Elisha Lawrence, Zebulon Clayton, James Grover, Jr., Richard Davis. Jeremiah Everington, Joseph Ashton, with others to the number of about 100, did traitorously seize the governor, the justices, the king's attorney, and the under sheriff and the clerk of the court, and kept them under guard, close prisoners, from Tues- day the 25th of March 'till Saturday, follow- ing, being the 29th of the same month, and then released them. GAWEN DRUMMOND, Clerk. The above record contains names of the progenitors of many of the most reputable families in our county and state, and elsewhere in the United States, in this year 1899. They are here represented in a court record, as being guilty of rank rebellion for the mere purpose of enabling- a strange pirate to escape. We never hear of this man afterwards, nor is there any previous mention of him, nor are his bondsmen ever called upon to pay, be- cause of his departing from the court without leave. After serving the pur- pose of Lewis Morris' juggling, he van- ishes like a ghost. Governor Hamilton and his council send a complaint of this outbreak at Middletown to King William, above their own signatures. This complaint is dated in May, 1701, and directed to "The King's Most Ex- cellent Majesty. The humble petitions of the governor and council of your majesty's province of East New Jersey." The following extract relates to the Middletown affair: "Upon the 25th of March last, at a Court of Sessions held in the usual place at Middle- town, in the county of Monmouth, and prov- ince aforesaid, when your Peti- tioners, Hamilton, in conjunction with Your Majesty's justices, to take the exainination of a certain pirate belonging to Kidd's crew named Moses Butterworth, pursuaat to Your Majesty's strict commands. While the pirate ________________ * It does not appear that this pirate tried to escape or made any resistance. He seems to have been a good and docile "pirate," who stuck to the court until forcibly dragged away. ________________ was under examination, those Libertines on purpose to hinder the court's proceeding in that affair, sent in one of their number to beat a drum, and others of them rushed in to res- cue the pirate, and accordingly carried him from the bar. To hinder the rescue and sup- press the rioters Your Majesty's justices, be- lieving it their duty to assist the sheriff and constables in the execution of their offices, (in which one of the rescuers was wounded) were surrounded by the rioters in great numbers, having (appearingly) on purpose appointed the same day to be a training day, on which the court was to sit, and their destruction by them most insolently threatened (which had been most certainly executed, had the wounded died on the spot), and was confined by them four days, 'till they thought him past hazard to the great dishonor of Your Majesty in the abuse of your ministers." ANDREW HAMILTON. SAMUEL DENNIS. JOHN BISHOP. SAMUEL HALE. BENJAMIN GRIFFITH. WILLIAM SANDFORD." ** Finding that neither the power of the governor nor of the county court, grand jury, or sheriff, nor of the armed posse which Hamilton and Morris had headed and marched over to Middletown vil- lage in July, 1700, could frighten or cowe the people into submission-- that any further efforts in this direction meant a bloody fight, Lewis Morris, in- stead of "spilling his blood," concluded like Basse, to sail for England and stir up the government there, to use the army and navy of England against the wicked men of Middletown, who res- cued pirates from the officers of the law and arrested and imprisoned hon- orable representatives of His Majesty, while sitting in a solemn court of jus- tice. Terribly bad people, Lewis Morris said, lived over in Middletown, and so he has put them on record, which has come down through two centuries to this day. Morris accordingly sailed for England, some time in may or June, 1701, for we find him in London the following August. The only account of his career in England, oustide of his own writings, which I have seen, is that contained in a letter dated Nov- ember 28th, 1701 written by William Dockwra of London, one of the leaders of the English proprietors, to Capt. Andrew Bowne. The original letter is now in possession of William S. Crawford, son of the late James G. Crawford of Holmdel township. A copy of this letter is also published in "Old Times in Old Monmouth," pages 283-4. He speaks in this letter of Lewis Morris as "their Champion Goliath, L. M." and that they have "boasted in- 65 EARLY DUTCH SETTLERS OF MONMOUTH. credibly of their bringing in Colonel Hamilton again over your heads in East Jersey." Dockwra further writes, that they have fully informed King William of the true situation of affairs, and that Hamilton will be rejected. He adds that "we, that have said less, have struck the mark and done more to rid you of a Scotch yoak." He says that "the surrender of the proprietory gov- ernment of New Jersey to the English Crown will take place or occur in about two months," and concluding writes "I shall be pleased with the ex- change for an English gentleman to govern an English colony." The following petition was sent to William of Orange, the King, signed by John Ruckman, Arie Bennett, Jacob VanDorn, Garret Wall, Andrew Bowne, Daniel Hendrickson, Samuel Porman, John Bray and many others of the res- idents of Middletown township. Their names will all be found on pages 325 to 328, Vol. II, N. J. Arch. This petition shows partially their side of the case for the consideration of the govern- ment of England. "To the King's Most Excellent Majesty: The remonstrance and humble petition of Your Majesty's loyal subjects, inhabiting in your Majesty's Province of East New Jersey in America, humbly showeth, That whereas Your Majesty's humble Peti- tioners did remove and settle themselves in the said Province of East New Jersey: and by virtue of a license from Hon. Col. Richard Nicholls, Governor of said province under his then Royal Highness, the Duke of York, to purchase lands of the Native Pagans, did ac- cording to said license purchase lands of the said natives at their own proper costs and charges. And whereas since, his said Royal Highness did sell and transfer all his right and interest in the said province of East New Jersey to certain proprietors; by whose lic- ense several others of Your Majesty's loyal subjects have since also purchased lands at their own proper costs and charges of the native Pagans of the same place; whereby they humbly conceive they have acquired and gained a right and property to the said lands so purchased. Yet notwithstanding, your Maj- esty's loyal subjects are molested, disturbed and dispossessed of their said lands by the said proprietors or their agents, who. under pretense and color of having bought the gov- ernment with the soil, have distrained from, and ejected several persons, for and under pretence of quitt rent and Lord's rent, where- by Your Majesty's liege subjects have been sued and put to great trouble and charges, and have been compelled to answer to vex- atious actions, and after they have defended their own rights, and obtained judgment in their favor, could not have their charges, as according to law, they ought to have but have been forced to sit down under the loss of sev- eral hundreds of pounds, sustained by their unjust molestations. And further, notwiwth- standing, your majesty's liege subjects have purchased their lands at their own proper costs and charges, by virtue of the aforesaid licenses: yet the said proprietors, governors or agents, without any pretended process of law, have given and granted the greater part of said lands by patent to several of the said proprietors and others, as to them seemed fit. And notwithstanding their pretence to gov- ernment, yet they left us, from the latter part of June, 1689, to the latter part of August, 1692, without any government, and that too in time of actual war, so that had the enemy made a descent upon us, we were without any military officers to command or give direct- tions, in order to our defence, or magistrates to put laws in execution. And during the whole time, the said proprietors have gov- erned this, your majesty's province, they have never taken care to preserve or defend us, from the Native Pagens, or other enemies, by sending or providing any arms, ammunition or stores, but have rather provoked and in- censed the said natives to make war upon us, by surveying and patenting their lands con- trary to their liking, without purchasing the same from them, or making any satifaction in consideration thereof. And, sometimes when the said natives have sold and disposed of their lands, as to them seemed meet, they, the said proprietors, have disposed of the same to others, or else forced them who had the prop- erty in it to purchase it of them, upon their own terms, which the said natives have highly resented, and often complained of and (may justly be feared) wait only for an opportunity to revenge it upon the inhabitants of this your majesty's province. And further, to manifest the illegal and arbitrary proceedings of the said proprietors in contempt of Your Majesty's laws, and against their own knowledge signified in a letter by them (to the council here in East Jersey), wherein they say as followeth : "We have been obliged against our inclinations to dismiss Col. Hamilton from the government, because of a late act of parliament, disabling all Scotchmen to serve in places of public trust or profit. And obliging all proprietors of Colonies to present their respective gov- ernors to the king for his approbation. So we have appointed our friend, Jeremiah Basse, to succeed Col. Hamilton in government, whom we have also presented to the king, and is by him owned and approved of." Notwithstanding which letter they have superseded the said Jeremiah Basse (whom they wrote was approved by Your Majesty) and have commissioned the said Col. Hamilton again without Your Majesty's royal appro- bation, although removed before, by them ; as a person disabled by law. Who now by virtue of their, the said proprietors, commis- sion only, would impose himself upon us as governor. And when in government, before superseded by the aforesaid Basse, was by them continued about a year, after the 25th of March,. (1697), without taking the oath en- joined by law. And does now presume to ex ercise government, not having legally taken the said oath or having Your Majesty's royal approbation. The said proproprietors of East New Jersey have also in comtempt of Your Majesty's known 66 EARLY DUTCH SETTLERS OF MONMOUTH. laws, commissioned a native of Scotland to be seretary and attorney general of this Your Majesty's province, (being both places of the greatest trust, next to the governor). And one of the same nation to be clerk of the Supreme court of this Your Majesty's prov- ince, which may be of ill consequence in rela- tion to the act of trade and navigation, and to the great hinderance of Your Majesty's loyal subjects, (the power of government be- ing chiefly in the hands of natives of Scot- land) from informing against any illegal or fraudulent trading by Scotchmen or others in this province. We, Your Majesty's loyal subjects, laboring under these and many other grieveances and oppressions by thr proprietors of this Your Majesty's province of East New Jersey, do in most humble manner, lay ourselves before Your Majesty (the fountain of justice) humbly imploring your majesty will be graciously pleased according to your princely widsom, to take into consideration our evil circumstances, under the present proprietors, {if the right of Government is invested in them) and that Your Majesty will be graciously pleased to give your royal orders to said Proprietors, that with Your Majesty's royal approbation, they commission for governor a fit person, qualified according to Law, who as an indif- ferent judge may decide the controversies arising between the proprietors and the in- habitants of this Your Majesty's province. And settle all the differences which at present they labor under. And Your Majesty's peti- tioners as in duty bound shall ever pray, etc." Then follows signatures of over 200 citizens, many of them residents in the old township of Middletown. Here we have an explanation of some of the causes which induced the people of Middletown to resist Hamilton and Morris, set forth in their own words. It is very different from the cause given by Morris and Hamilton in the court record of March 25th, 1701. These men had some common sense, and from their conduct in other matters, were influ- enced by righteous principles, yet Mor- ris would make the government in England believe, that they made them- selves criminally amenable to law, solely to rescue a strange pirate. The government by the proprietors was an ill-constructed and inconsistent one, just what we might expect to emanate from such scoundrels and tyrants as the reigning Stuarts, who never did anything right, except by mistake. Even the proprietory title to the soil has caused trouble and great loss to the people of this state from the time it began, until within the memory of the present generation, when they sold lands covered by Shark River for a mere song, and clouded the titles of msny valuable tracts of real estate on the coast of Monmouth county. The Legislative investigation of the East Jersey proprietors in 1881-2 shows how greedy and unscrupulous their methods were.* Suppose the proprietors now had con- trol of the state government, and the appointment of judges, as in 1700, what chance would the people have in the courts to vindicate their rights. This circumstance or consideration alone will show the justice of the resistance made by our fore-fathers to their on- sided government and administration of the law. Many of the proprietors were speculators in real estate and ac- tuated wholly by mercenary motives. Government, law, justice, as well as title to the soil, were so many invest- ments, out of which money was to be made. Like the railroad and other cor- porations of today, they controlled gov- ernment to squeeze the hard cash out of the people. The breaking up of the court at Mid- dletown held by a usurping governor and his bogus justices, was the right thing to do at the right time. Richard Salter, Samuel Forman, John Bray, Daniel Hendrickson, Jacob VanDorn and the others, deserve the praise and gratitude of posterity for their stern and persistent resistance. It destroyed the government of these wrangling and contending factions, and relieved the people from much injustice and wrong. Is it any wonder that the pioneer set- tlers of Middletown issued the "first Declaration of Independence" and re- corded it in their township book against the unfair and monstrous government by the proprietors? Such a name as we simple creatures "never heard of be- fore." they write down in their records. ___________ * See report of committee on modern doings of the N. J. proprietors among New Jersey legislative documents of 1882. ==========================