A Century Too Soon: The Age of Tyranny

by John R. Musick

After the trouble with Dutch and Swedes the English came under the agent of the Duke of York and captured the New Netherland. While Nicolls was on his way to capture the Dutch possessions in America, the Duke of York conveyed to two favorites all the territory between the Hudson and Delaware rivers from Cape May north to the latitude of forty degrees and forty minutes. Those favorites were Lord Berkeley, brother of the governor of Virginia and the duke's own governor in his youth, and Sir George Carteret, then the treasurer of the admiralty, who had been governor of the island of Jersey, which he had gallantly defended against the forces of Cromwell. In the charter this province was named "Nova Caesarea or New Jersey," in commemoration of Carteret's loyalty and gallant deeds while governor of the island of Jersey. Colonel Richard Nicolls, the conqueror of New Netherland, in changing the name of the province to New York, ignorant of the charter given to Berkeley and Carteret, called the territory west of the Hudson Albania, in honor of his employer, who had the title of Duke of York and Albany.

Berkeley and Carteret hastened to make use of their patent. The title of their constitution was: "The concessions and agreement of the Lords Proprietors of the Province of Nova Caesarea or New Jersey, to and with all and every new adventurers and all such as shall settle and plant there." It was a fair and liberal constitution, providing for governor and council appointed by the proprietors, and deputies or representatives chosen by the people, who should meet annually and, with the governor and his council, form a general assembly for the government of the colony. It provided for a choice of a president by the representatives when in session, in case of the absence of the governor and deputy governor. All legislative power was vested in the assembly of deputies, who were to make all laws for the province. These were to be consistent with the laws and customs of Great Britain and not repugnant to the interests of the proprietors. Emigration to New Jersey was encouraged. To every free man who would go to the province with the first governor, furnished with a good musket and plenty of ammunition and with provisions for six months, was offered a free gift of one hundred and fifty acres of land, and for every able man-servant that such emigrant should take with him so armed and provisioned, a like quantity of land. Even the sending of such servants provided with arms, ammunitions and food was likewise rewarded. And for every weaker servant or female servant over fourteen years, seventy-five acres of land was given. "Christian servants" were entitled, at the expiration of the term of service, to the land so granted for their own use and benefit. To all who should settle in the province before the beginning of 1665, other than those who should go with the governor, was offered one hundred and twenty acres of land on like conditions.

It was expected that these tempting offers would rapidly people the country with industrious settlers. Philip Carteret, a cousin of Sir George, was appointed governor, and with about thirty emigrants, several of whom were Frenchmen skilled in the art of salt-making, he sailed for New York, where he arrived about the middle of July, 1665. The vessel having been driven into the Chesapeake Bay the month before, anchored at the mouth of the James River, from whence the governor sent dispatches to New York. Among them was a copy of the duke's grant of New Jersey. Governor Nicolls was astounded at the folly of the duke's grant, and mortified by this dismemberment of a state over which he had been ruling for many months with pride and satisfaction. But he bottled his wrath until the arrival of Carteret, whom he received at Fort James with all the honors due to his rank and station. That meeting in the governor's apartments was a notable one. Mr. Lossing graphically described it as follows:

"Nicolls was tall, athletic and about forty-five years of age, a soldier, haughty and sometimes very irritable and brusque in speech when excited. Carteret was shorter and fat, good-natured and affable, with polished manners which he had learned by being much at court. He entered the governor's room with Bollen, the commissary of the fort, when the former arose, beckoned his secretary to withdraw, and received his distinguished visitor cordially. But when Carteret presented the outspread parchment, bearing the original of the duke's grant with his grace's seal and signature, Nicolls could not restrain his feelings. His temper flamed out in words of fierce anger. He stormed, and uttered denunciations in language as respectful as possible. He paced the floor backward and forward rapidly, his hands clasped behind his back, and finally calmed down and begged his visitor's pardon for his uncontrollable outburst of passion.

"Nicolls yielded gracefully yet sorrowfully to circumstances, and contented himself with addressing a manly remonstrance to the duke, in which he urged an arrangement for the grantees to give up their domain in exchange for 'a few hundred thousand acres all along the seacoast.'"

The remonstrance came too late. New Jersey was already down on the maps as a separate province. Governor Carteret at the head of a few followers crossed over to his domain with a hoe on his shoulder in significance of his desire to become a planter. For his seat of government he chose a beautifully shaded spot, not far from the strait between Staten Island and the main, called the Kills, where he found four English families living in as many neatly built log cabins with gardens around them. The heads of these four families were John Bailey, Daniel Denton, and Luke Watson and one other not known, from Jamaica, Long Island, who had bought the land of some Indians on Long Island.

In compliment to the wife of Sir George Carteret, the governor named the place Elizabethtown, which name it yet retains. There he built a house for himself near the bank of the little creek, and there he organized a civil government. So was laid the foundation of the colony and commonwealth of New Jersey.

The restoration did not so materially change the New England colonies as might have been supposed, considering that they were hotbeds of Puritanism. In the younger Winthrop the qualities of human excellence were mingled in such happy proportions that, while he always wore an air of contentment, no enterprise in which he engaged seemed too lofty for his powers. He was a man whose power was felt alike in the commonwealth and the restoration. The new king had not been two years on the throne when, through his influence, an ample patent was obtained for Connecticut, by which the colony was independent except in name.

After his successful negotiations and efficient concert in founding the Royal Society, Winthrop returned to America. The amalgamation of New Haven and Connecticut could not be effected without collision. New Haven had been unwilling to merge itself in the larger colonies; but Winthrop's wise moderation was able to reconcile the jarrings and blend the interests of the united colonies. The universal approbation of Connecticut was reasonable, for the charter which Winthrop obtained secured to her an existence of unsurpassed tranquillity.