A Publication of the East Jersey Proprietors-relating to the riots.

[From Papers of Ferdinand John Paris in New Jersey Historical Society Library, Books O and P, and Elizabethtown Bill in Chancery.]

By the Council of Proprietors of the Eastern Division of New-Jersey, met at PerthAmboy, the 25th Day of March, 1746, in Behalf of themselves and the rest of the General Proprietors of the Eastern-Division of New-Jersey, whom they represent.

It is with Concern we see in the publick Papers, that in September last the Goal of Newark was, in a riotous Manner broke open, and a Person rescued from thence, who had been committed on a common Writ of Trespass, upon his refusing to give Bail, or an Appearance thereto: And that afterwards, upon the apprehending of some of the Rioters, another Riot was committed in January last, in which the Goal of Newark was again broke open, and the Prisoners therein rescued: And we have more Reason to be concerned, as we find by the New-York Weekly Post-Boy, of the 17th of February last, and by a printed Paper, signed Griffin Jenkins, the General Proprietors are traduced as the Cause of those Riots, in Expressions unbecoming any Men to use towards those from whom, under the Crown of England, all the Freeholders of East Jersey do derive their Titles to their Lands, and which, we are well assured, no Man of Reputation would use, and at the same Time put his Name to what he says: We have therefore thought proper to publish what follows, in order to obviate the Mischiefs that may arise from such daring Practices, and that the People

of this and the neighbouring Provinces, into whose Hands those Papers may come, as well as those who are at a greater Distance, may be truly informed of the Points in dispute, between these poor deluded People and the General Proprietors.

The Post-Boy of the 17th February last insinuates, That the Persons in whose Favour these Riots were made, have a better Title to the Lands in Dispute, than the General Proprietors, and those claiming under them; that they have been put to great Expence by many vexatious Suits; that they are prevented from bringing their Causes fairly before the King; that the Conduct of the General Proprietors has been cruel, harassing and vexatious; and that in the particular Transaction between the Settlers of the Lands called Horse-Neck, and the Persons claiming it under the General Proprietors, the Settlers have made fair and reasonable Proposals, and the Claimers have rejected them.

Now if it can be made appear, that these Rioters have no good Title to the contested Lands; that these Rioters in particular, have never been put to any or a trifling Expence by Lawsuits; that the Conduct of the General Proprietors has been regular, careful and remarkably candid to every bona fide Purchaser; that any Persons with whom they have been oblig'd to go to Law, might, if they pleased, have brought their Causes by Appeal, before the King in Council; and that in the Transaction about the Lands called HorseNeck, fair and reasonable Proposals were made by the Claimers to the Settlers, but were rejected: If these several Things can be made appear, then it must be left to the Publick to judge how grosly these poor People are abused, by the Fomentors of these publick Distractions.

It is well known and apparent by the Records of this Province, that in 1664, before any Englishman

ever settled in this Province, King Charles the Second, by Letters Patents under the Great Seal of England, granted to his Brother, James Duke of York, a great Tract of Land in America, in Fee, whereof New-Jersey is a Part; That the said Duke of York, by Deeds of Lease and Release, in the same Year, conveyed the Tract of Land now called New-Jersey, in Fee, to John Lord Barclay and Sir George Carteret; and that after the Dutch War, like Grants, were again made of NewJersey in the Year 1674;-That the said Sir George Carteret and the Assigns of Lord Barclay, by Deed, bearing Date 1st July, 1676, divided New-Jersey between them, the Eastern Part of which was to belong to Sir George Carteret; which Deed and Partition was confirmed by an Act of General Assembly of New-Jersey, passed in the Year 1719;-That Sir George Carteret, by his last Will, bearing Date 5th December, 1678, devised, among other Things, to certain Trustees therein named, a Power to sell East New-Jersey; and that these Trustees, in Execution of the Trust reposed, and agreeable to the Powers given them, did, by Deed dated 2d February, 1681-2, convey East New-Jersey, in Fee, to William Penn, Robert West, and others, to the Number of Twelve; and that each of these Twelve, by particular Deeds, took in a Partner, who was to be equally concerned with him, so that East New-Jersey became vested in Twentyfour Persons, who have been ever since called the Twenty-four Proprietors.

That by an Instrument under the Hands and Seals of almost all the Twenty-four Proprietors, a Council of Proprietors was established, with Power to appoint, oversee and displace, all Officers necessary for the Management of their Property; with Power also to take Care of all Lands belonging to the General Proprietors, to demise them for Terms of Years, and to appoint Dividends thereof; with Power also to exam

ine the Rights of every particular Proprietor, who demands his Share of those Dividends, and to grant Warrants to the Surveyor-General, for appropriating the Quantity due to such Share; with Power also to bring Suits against Intruders into and Trespassers upon the Lands of the General Proprietors, and in general, to manage all the Affairs which relate to the said Proprietors; which Council is to consist of at least, one third Part of the whole General Proprietors, or their Proxies; and which Council, for many Years past, actually has consisted of that Number or more, and they have two general Meetings yearly, at PerthAmboy, immediately after the Supreme Courts there.

This is a short Abstract as well of the Title of the General Proprietors, to the Lands of East Jersey, as of the Constitution of the present Council of Proprietors, wherein all their Business is done; and from hence it will appear, that they are no Pretenders, but have a Right, not only to call themselves Proprietors of East-Jersey, but to be treated as such.

The Title pretended to, in Opposition to theirs, by the Rioters and their Abettors, is, That they or their Ancestors, have possessed Lands, by Purchases from Indians, stiled by them the Native Owners of the Country; but no such Deeds appear any where on Record, nor do they tell us who made these Purchases, nor from whom, nor when: Now, be these Purchases real or pretended; be they by Conveyances from some private foreign stroling Indians, or from such as lived on the Lands, and might have had some Pretensions to sell them; or be the Purchases made for small or trifling Sums, or for such Considerations as were then usually given to the Indians; or whether the Indians had or had not sold the same Lands by former Conveyances to others; be they, in short, what they will, the Matter with respect to these Purchases by the original Constitution, Practice and Laws of this Province stands clearly thus:

It is well known and apparent by the Records, that the Proprietors, Lord Barclay and Sir George Carteret, by Charters of Concessions, established the Constitution of New-Jersey, and therein prescribed the fundamental Rules of that Government, and the Rules and Methods by which Property in Lands there might be acquired; amongst which Rules one was, That, all 'such Persons who should transport themselves into 'the Province of New-Jersey, within certain Times 'limited by the said Concessions, should be intitled to 'Grants or Patents under the Seal of the Province, for 'certain Quantities of Acres in the said Concessions expressed, paying therefore yearly, the Rent of one 'Half-penny, sterling Money, for every Acre so to be 'granted.' [Lib 3, 70.]

Another Rule was, 'That all Lands should be pur'chased by the Governor and Council from the Indians, 'from Time to Time, as there should be Occasion, in the Name of the Lords Proprietors; and every Person settling was to pay his Proportion of that Purchase Money and Charges. [Lib 3, 96.]

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It's notorious also, and apparent by the Records of New-Jersey, that the Government of that Province was, pursuant to the said Concessions, established by the said Proprietors, and that Governors and Officers were from Time to Time, by them and their Assigns, commissionated for that Purpose; who for many Years administred the Government, pursuant to the said Concessions, granted many Hundreds if not Thousands of Patents for Lands to Persons who came to settle in New-Jersey, upon the Encouragement given by the said Concessions, rendering and paying yearly, the Rent of one Half-penny sterl. per Acre.

After the Division of New-Jersey into two Provinces, in 1676, to wit, East New-Jersey and West New-Jersey, made by Sir George Carteret and the Assigns of Lord Barclay, tho' the fundamental Rule aforesaid,