Monmouth County NJ Archives History....Lewis Morris and his doings: Beekman's, Early Dutch Settlers
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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.
==========================