Gambar halaman
PDF
ePub

commission to Cornbury; notwithstanding all this, great stress was laid by many of the colonists upon what was contained in them, and some historians in speaking of them have claimed that they were the very foundation of the liberties of the people and that they had much to do with the moulding and shaping of the future history of the colony. That they may be fully understood, such portions as are deemed important for the present purpose are quoted. They begin thus:

"Instructions for our Right Trusty and well beloved Edward, Lord Cornbury, our Captain General and Governor, in Chief in and over our Province of Nova Caesarea, or New Jersey, in America."

The names of the Councillors of the new Governor, thirteen in number, and who were gathered from different parts of the Province, were mentioned in the second clause. Two oaths were to be administered to these Councillors, one, the oath of "Supremacy:" "for the further security of his Majesty's person, and the succession of the crown in the Protestant line and for extinguishing the hope of the pretended Prince of Wales, and all other pretenders and their open and secret abettors, and for declaring the association to be determined." The other was the "Test" oath: "for preventing dangers which may happen from Popish recusants.”

The members of the Governor's Council were not to be diminished or increased and were to be selected equally from the two provinces.

By the 14th clause, "in order to the better consolidating and incorporating the two divisions of East and West New Jersey, into and under one government" the Governor was directed to "call together one General Assembly for the enacting of laws for the joint and mutual good of the whole." The first Assembly was to sit at Perth Amboy; the next, at Burlington and all future General Assemblies were to "set" at one or the other of those places alternately, or (in cases of extraordinary necessity) "according as you with the advice of our foresaid Council, shall think fit to appoint them."

By the 15th clause, it was directed that the General Assembly so to be called, "do consist of four and twenty representatives; who are to be chosen in the manner following, viz. Two by the inhabitants householders of the city or town of Perth Amboy, in East New Jersey, two by the inhabitants householders of the city and town of Burlington in West New Jersey; ten by the freeholders of East New Jersey, and ten by the freeholders of West New Jersey; and that no person shall be capable of being elected a representative by the freeholders of either

division, or afterwards of sitting in General Assembly's, who shall not have one thousand acres of land of an estate of freehold, in his own right, within the division for which he shall be chosen; and that no freeholder shall be capable of voting in the election of such representative, who shall not have one hundred acres of land of an estate of freehold in his own right, within the division for which he shall so vote: And that this number of representatives shall not be enlarged or diminished, or the manner of electing them altered, otherwise than by an act or acts of the General Assembly there, and confirmed by the approbation off us, our heirs and successors."

By the 16th clause, it is directed that a collection should be made "of all the laws, orders, rules, or such as have hitherto served or been reputed as laws amongst the inhabitants of our said Province of Nova Caesaria, or New Jersey, and together with our aforesaid Council and Assembly, you are to revise, correct, and amend the same, as may be necessary; and accordingly to enact such and so many of them, as by you with the advice of our said Council and Assembly, shall be judged proper and conducive to our service, and the welfare of our said Province, that they may be transmitted unto us, in authentick form, for our approbation or disallowance.

By the 17th clause, the Governor was directed to observe that "in the passing of the said laws and of all other laws, the stile enacting the same, be by the Governor, Council and Assembly, and no other."

By the 18th clause, special direction was given to Cornbury, "to observe in the passing of all laws, that whatever may be requisite upon each different matter, be accordingly provided for by a different law, without intermixing in one and the same act, such things as had no proper relation to each other; and you are especially to take care that no clause or clauses be inserted in, or annexed to any act which shall be foreign to what the title of such respective act imports." It would perhaps have been well for the legislation of modern times, if the directions of this clause could have been strictly observed from that period until the present.

All laws which should at any time thereafter be enacted within the province, were directed to be sent to England for approval.

The Governor was directed by several clauses in the instructions, to provide for the levying of money or imposing fines and penalties; to raise money necessary for the expenses of the government, in which provision was to be particularly made for a competent salary for the

Governor and his successors; for the levying of customs, duties and other impositions "upon all commodities imported or exported in or out of our said Province of Nova Caesaria, or New Jersey, as may equal the charge that is or shall be laid upon the like commodities in our Province of New York."

The Queen or her advisers seemed desirous to keep Lord Cornbury within the limits of the provinces of New York and New Jersey, and so they provided that he should receive one-half of his salary while absent. It was also provided that he should under no pretense whatever leave the province "to come to Europe from your government, without having first obtained leave for so doing under our signet and sign manual, or by our order and our privy Council,"

The 36th clause is important and it is therefore quoted entire: "Our will and pleasure is, that for the better quieting the minds of our good subjects, inhabitants of our said Province, and for settling the properties and possessions of all persons concerned therein, either as general Proprietors of the said under the first original grant of the said Province, made by the late King Charles the Second, to the late Duke of York, or as particular purchasers of any parcels of land from the said general Proprietors, you shall propose to the general Assembly of our said Province, the passing of such act or acts, whereby the right and property of the said General Proprietors, to the soil of our said Province, may be confirmed to them, according to their respective rights and titles; together with all such quit rents as have been reserved, or are or shall become due to the said general Proprietors, from the inhabitants of our said Province; and all such priviledges as are exprest in the conveyances made by the said Duke of York, excepting only the right of government, which remain in us: And you are further to take care, that by the said act or acts so to be passed, the particular titles and estates of all the inhabitants of that Province, and other purchasers claiming under the said general Proprietors be confirmed and settled as of right does appertain, under such obligations as shall tend to the best and speediest improvement or cultivation of the same. Provided always, that you do not consent to any act or acts, to lay any tax upon lands that lye unprofitable."

By the 37th clause, the Governor was directed not to permit any purchase of land from the Indians.

The 44th clause reveals the fact that piracy was frequent, and Cornbury was instructed to use means to bring pirates to trial.

The 45th clause is short, but very emphatic and important. "You shall not erect any court or office of judicature, not before erected or established, without our especial order."

By the 46th clause, it was directed that with all convenient speed, "a particular account of all establishments of jurisdictions, courts, offices, and officers, powers, authorities, fees and privileges which shall be granted or settled within the said Province, by virtue, and pursuance of our commission and instructions to you our Captain General and Governor, in Chief of the same, to the end you may receive our further directions therein."

By the 49th clause, it was directed "that no man's life, member, freehold, or goods be taken away or harmed in our said Province, otherwise than by established and known laws, not repugnant to, but as much as may be agreeable to the laws of England."

The 51st clause was this: "You are to permit a liberty of conscience to all persons (except papists) so they may be contented with a quiet and peaceable enjoyment of the same, not giving offence or scandal to the government."

By the 52d clause, "the people called Quakers," instead of taking an oath, when summoned as witnesses, were permitted to affirm.

By one of the provisions of the 53d clause, Cornbury was directed to have a census of the inhabitants "men, women and children, as well masters as servants free and unfree, and of the slaves in our said Province, as also a yearly account of the increase or decrease of them, and how many of them are fit to bear arms in the militia of our said Province." Statistics of birth, baptisms and burials were to be kept and sent to England.

Particular care was enjoined upon the Governor "that God Almighty be devoutly and duly served throughout your government, the book of common prayer as by law established, read each Sunday and holy day, and the blessed sacrament administered according to the rights of the church of England."

Several sections of the 53d clause have special reference to the subject of religion, but they all relate to the church of England, and strongly favor that denomination. Almost immediately following them, come these remarkable provisions: "You are to give all due encouragement and invitation to merchants and others, who shall bring trade into our said Province, or any way contribute to the advantage thereof, and in particular, the Royal African Company of England." And where

as we are willing to recommend unto the said company, that the said Province may have a constant and sufficient supply of merchantable negroes, at moderate rates, in money or commodities, so you are to take especial care, that payment be duly made, and within a competent time according to their agreements."

"And you are to take care that there be no trading from our said Province to any place in Africa, within the charter of the Royal African Company, otherwise than prescribed by an act of Parliament, entitled, An act to settle the trade to Africa."

"And you are yearly to give unto us, and to our commissioners for trade and plantations, an account of what number of negroes, our said Province is supplyed with, and at what rates."

There was a special reason why the Queen should direct her cousin, the Governor, to foster this African Company whose principal trade was in slaves. Several members of the royal family were interested as stockholders in that company and it was also shrewdly suspected that the Queen, herself, had a pecuniary interest in it. It ought, however, in justice to her Majesty, be said that, in her instructions, she directed the Governor to provide for the spiritual advantage of negroes and Indians, to facilitate and encourage their conversion to the Christian religion and, also, to care for their physical condition.

The Queen further directed that appeals be made, "in cases of error, in the courts in our said Province of Nova Caesaria, or New Jersey, unto you and the Council there; and in your absence from our said Province, to our commander in chief for the time being, and our said Council, in civil causes." No member of the Council, however, who had been a judge of the court from which the appeal had been taken could vote at the hearing of such appeal; nor, could the case be carried up, unless the sum in dispute exceeded one hundred pounds sterling and security must be given by the appellant to pay further costs, if the first judgment were affirmed. An appeal might be taken from the Governor and Council to the privy Council in England provided the sum in dispute exceeded two hundred pounds sterling. But, the ap peal in such cases must be made within fourteen days from the time of the decision by the Governor and Council, and the appellant was obliged to enter into bond not only to pay costs, but the condemnation money, in case the first judgment be affirmed, and the second appeal did not stay execution.

Appeals might also be made to the Queen in Council from fines im

« SebelumnyaLanjutkan »