A Collection of Essays and Fugitiv Writings

Before the revolution, the guvernment of New York waz under the influence of the crown of Great Britain, the guvernor and council being appointed by the king. It waz illiberal in the preference given to the episcopal church; no other denomination of Christians being able to obtain any corporate establishment. The same illiberal preference waz discuverable in the institution and guvernment of the college, now called Columbia college, in which dissenters of any description could not hav a share. The revolution haz effected a change in theze particulars. Dissenting churches, which are the most numerous in the state, are or may be incorporated; and education begins to be encuraged by the laws. A university iz established, with a power of superintending and regulating skools throughout the state; but provision iz not made for maintaining common skools in every quarter of the state. Ignorance stil prevails among the yemanry; and this enables certain designing karacters to exercise a pernicious influence in the guvernment.

The territory of New Jersey originally belonged to two, and afterwards to many proprietors, who appointed the guvernors. But in the reign of queen Ann, the guvernment waz resigned to the crown, and for a number of yeers, the guvernor of New York waz also guvernor of the Jersies, altho eech province had a distinct assembly. The heirs of the original proprietors, or their purchasers, stil hold the soil. There are in this state many large estates, but an entailment iz good only to the first donee in tail; the estate, on hiz deth intestate, being divided equally among hiz heirs. In general the laws of New Jersey are highly republican; but they make no provision for a general diffusion of knowlege. Many of the yemanry are extremely ignorant. The college at Princeton iz a very valuable institution; but so little concern haz the legislature for the interest of lerning, that the funds of that college are taxed by law.

The present constitution of New Jersey iz liable to few exceptions; but the state iz divided into two parties which often agitate the guvernment. Az the cause and effects of the controversy which began and stil continues theze parties, are little known to their nabors, I beg leev here to offer a concise state of the facts from unquestionable authority.

James, duke of York, in June 1664, conveyed New Jersey to John, lord Berkeley, and Sir George Carteret, in fee. The bounds of the territory granted were, the main see and Hudson's river on the eest, Delaware bay or river on the west, Cape May on the south, and on the north the northernmost branch of Delaware bay, or river, which iz forty one degrees and forty minutes of latitude, crossing over thence in strait line to Hudson's river, in forty one degrees of latitude.

Some intermediate conveyances of lord Berkeley's undivided half part were made, but need not be here recited. On the first of July, 1676, waz executed a quintipartite deed, between Sir George Carteret, and the grantees of lord Berkely, by which the territory waz divided; Sir George Carteret releesing all the western part to the grantees of Berkeley, and the latter releesing the eestern part to Sir George. The line of partition, which originated all the subsequent disputes, iz thus described in the deed: "Extending eestward and northward along the see coast and the said river, called Hudson's river, from the eest side of a certain place or harbor, lying on the suthern part of the same tract of land, and commonly called and known in a map of the same, by the name of Little Egg Harbor, to that part of the said Hudson's river, which iz in forty one degrees of latitude, being the furthermost part of said tract of land and premises, which iz bounded by the said river, and crossing over from thence in a strait line, extending from that part of Hudson's river aforesaid, to the northernmost part or branch of the before mentioned river, called Delaware river, and to the most northerly point or boundary of the said tract of land and premises, granted by hiz royal highness, James, duke of York, to lord Berkeley and Sir George Carteret."

A difficulty aroze about the northern point of partition; the duke of York's grant making the northernmost branch of Delaware bay or river to be in forty one degrees and forty minutes of latitude; and declaring a line from this point to the latitude of forty one on Hudson's river, to be the northern boundary of New Jersey. Disputes aroze, and the legislature of New Jersey, in 1719, passed an act, declaring that a partition line between Eest and West Jersey, shall be run from the most northerly point or boundary of the province, on the northernmost branch of Delaware river, to the most sutherly point of Little Egg Harbor. Commissioners were appointed for this purpose, and also for running the line between New York and New Jersey. They met with commissioners from New York, but could not agree, and left the business unfinished. In 1741, another attempt waz made by Mr. Alexander, surveyor general of both divisions, but obnoxious to the West Jersey proprietors. He began to run the line, but some errors he committed, or bad instruments, prevented the completion of the business; he stopped half way. Disputes ran high, and were attended with riots, till the yeers 1762 and 1764, when by a law of New York and another of New Jersey, it waz agreed the line between the provinces should be run by commissioners to be appointed by the crown. To this agreement the proprietors of West Jersey az well az Eest, were parties. The commissioners met, fixed the two station points between New York and New Jersey, one at a rock on Hudson's river, in forty one degrees of latitude, the other at the forks of the Delaware, at the mouth of the river Makhakamak, in latitude 41°. 21'. 37". This point on Delaware iz eighteen minutes twenty three seconds, to the suthward of the northern boundary of New Jersey, az described in the duke of York's grant to the first proprietors; which waz, on the northernmost branch of Delaware river, which iz forty one degrees forty minutes of latitude.

Both parties appeeled to the crown, but without success. Acts were afterwards passed, both by New York and New Jersey, confirming the line between the provinces, and theze acts receeved the approbation of the king in council. This waz an amicable settlement between the two provinces; and it waz expected that the northern limits of New Jersey and the station points on both rivers, being fixed by law, nothing waz necessary to quiet all parties, but to run the line from the north station point on Delaware to Little Egg Harbor.

A correspondence for this purpose took place between the proprietors of Eest and West Jersey; but before the matter waz completed the war commenced. Since the war, the controversies hav been revived, and divided the state into violent parties. It seems the proprietors of Eest Jersey expected the north station point on Delaware would hav been fixed az high az forty one degrees forty minutes, the point described by the original grant from the duke of York. This would hav carried the limit of the state about eighteen miles further north on the Delaware side. Now there iz a bend in the Delaware, at the forks, so that the station point az now fixed, iz carried further eest than it would be, had it been fixed in forty one degrees forty minutes; so the decision of the commissioners waz in favor of the West Jersey proprietors. From the forks, the river bends its course westerly of north, and from a point eighteen miles north, a line to Little Egg Harbor, would leev an angle containing several thousand akers of land, in Eest Jersey. This iz a short state of the origin and progress of a controversy, which stil agitates the state and disturbs the peece of their guvernment; the jealousies between Eest and West Jersey being almost az great az between the northern and suthern states, upon a question respecting the seet of guvernment, or any other matter of little consequence to the union. The contest however iz of magnitude to both parties in New Jersey, az the lands in dispute hav been settled upon doutful titles; and altho an act of the legislature may establish theze, yet the loozing party wil expect a compensation.158

The commerce of New Jersey iz almost wholly carried on thro New York and Philadelphia. Its situation, between two large commercial towns, resembles that of Connecticut; but in one respect, the latter haz the advantage, viz. that of a butiful navigable river, penetrating the state and affording the best conveniences for a trade to the West Indies. The legislature of New Jersey hav attempted to call home the trade of the state, by holding out liberal encouragement for direct importations from abroad, and making free ports. Perth Amboy affords a fine harbor, but it iz difficult, perhaps impossible, to raize a rival in the naborhood of New York. New Jersey and Connecticut wil find their interest in encuraging manufactures.

Pensylvania waz settled by a religious sect, remarkable for their sobriety, industry and pacific disposition. Mr. Penn, the first proprietor of the province, waz a man of superior talents. The free indulgence given to all religious denominations, invited settlers from England, Germany and Ireland, and the population of the province, with the consequential increese of the valu of lands, waz rapid beyond any thing known in the other colonies. The province however waz harrassed with disputes between the acting guvernors and the commons. The proprietary, who waz the guvernor, usually rezided in England; appointing a deputy with a council, to act for him in the province. The proprietaries were often selfish, and made demands upon the peeple, which their sense of liberty and right would not permit them to grant. The quit-rents, paper currency, and some other matters, were constant subjects of altercation, whenever the assembly convened.159

The long and violent opposition to the influence of their proprietaries, who were abroad, and often considered az hostile to popular privileges, together with the beneficial effects of a paper currency, during the infant state of the province, may be the reezons why the constitution of Pensylvania, formed at the revolution, verged too much towards an extreme of democracy;160 and why the legislature of that state waz the first to issue a paper currency, after the war. The old republican patriots, who had resisted, with success, the encroachments of arbitrary guvernors and kings, determined to frame a constitution, which should prevent the interference of a guvernor and council in acts of legislation; and men who had seen the good effects of paper currency, without its evils, would be the first to recommend it. It iz natural; men are guverned by habit.

At the revolution in 1776, the representativs of the province, acting on the principle that public good transcends all considerations of individual right, assumed the reigns of government, formed a constitution for the purpose, and divested the proprietaries of both territory and jurisdiction. They gave them however, 130,000l. sterling in lieu of all quit-rents, and rezerved to them considerable tracts of land. The first constitution, like that of the Netherlands, waz framed upon the ruins of oppression, and with a too jealous attention to popular rights. It waz defectiv in the most material articles, and a few yeers experience induced the peeple to adopt another form, more analagous to thoze by which her sister states are guverned.

The laws of Pensylvania, respecting inheritances, hav not barred entails; but az entails may be docked by the English finesse of common recoveries; az the divisions of lands favor equality, az wel az the genius of the peeple, there can be no apprehensions of an aristocratical influence from large possessions of real estate. A single man may hold real or personal estate to such an amount, az to hav an undu influence in politics and commerce. When a man haz become so powerful that hiz nabors are afraid to demand their rights of him in a legal way; or when a town or city iz so far under hiz control, that the citizens are generally afraid of offending him, he iz or may be a dangerous man in a free state, and a bad man in any state. A Clive and a Hastings are az dangerous in a state, az an Arnold or a Shays, if they hav the same evil propensities; for thoze who oppoze law, are generally punished; but thoze who are abuv law, may do injustice with impunity.

The peeple in Pensylvania may be included under the three denominations of Frends, Germans, and Irish desendants. The Frends and Germans were the first settlers, and for the most part liv between the Delaware and Susquehanna. Theze are peeceable and industrious peeple. The Irish or their desendants, inhabit the western counties; they are industrious, but not so wel informed in general, az the inhabitants of some older counties, and at times hav been turbulent citizens. It waz the misfortune of this, az of all the suthern states, that no provision for public skools waz incorporated into the original fundamental laws.

Without such a provision, it iz not possible that a body of freemen should hav the reeding necessary to form just notions of liberty and law. This defect wil probably be supplied by the new constitution and the future laws of the state. The number of colleges and academies alreddy founded and endowed, proov the disposition of the legislature to encurage science. The only difficulty iz to persuade an agricultural peeple to settle in villages or clans, for the purpose of maintaining a clergyman and skoolmaster; and thus to carry into effect the wise and benevolent designs of their rulers.

Philadelphia iz a great commercial city; but it iz questioned whether commerce wil giv it a future growth equal to that of New York. The future population of the suthern part of New Jersey, and the peninsula between the Chesapeek and the Atlantic, wil not add much to the trade of Philadelphia. The naborhood of the city and most of the lands towards Lancaster and Bethlehem, are alreddy wel settled. About seventy three miles west of Philadelphia runs the Susquehanna; a river not indeed navigable at the mouth, but with some portages, capable of opening a communication by water from Wioming to the Chesapeek; and should canals be opened to avoid the falls and rapids, the trade of the state, quite to the bed of that river, wil center in Baltimore. At any rate Baltimore and Alexandria wil command most of the trade west of the Susquehanna; so that Philadelphia must depend mostly, for the increese of her business, on the population northward, about the hed of the Deleware. The commerce however wil always be considerable, and the spirit of the citizens in establishing manufactures, promises a great extension of the city.

The state of Pensylvania waz, for many yeers, agitated by a territorial controversy with Connecticut; the history of which iz breefly this.

King James I. in 1620, made a grant to a number of gentlemen, called the Plimouth Company, of all the lands in North America, included between the 40th and 48th degrees of latitude, throughout all the main land from see to see; except such lands az were then settled by some Christian prince or state. The only settlements at that time north of Virginia, were at New York and Albany, on the Hudson.

In 1628, a number of gentlemen obtained from the company a grant of lands, bounded on the north, by a line three miles north of Merrimak river, and on the south, by a line three miles south of Charles river, throughout the main lands from the Atlantic on the eest, to the South See, on the west. This waz the first grant of Massachusetts.

In the yeer 1631, Robert, erl of Warwick, president of the Plimouth company, granted to lord Say and Seal, and lord Brook, all that part of New England, extending from Naraganset river, the space of forty leegs on a strait line, neer the see coast, north and south in latitude and bredth, and in length and longitude of and within all the aforesaid bredth, throughout all the main lands from the western Ocean to the South See. This grant waz confirmed by the charter of Charles II. dated April 23, 1662, with a similar description of the territory.

In 1664, king Charles II. gave hiz brother a tract of land in America, the description of which iz not wholly consistent or intelligible; but one part of the grant interfered with the Connecticut patent, and disputes aroze, which were amicably settled by commissioners in 1683; the line between Connecticut and New York being fixed at Byram river, about twenty miles eest of the Hudson.

In 1680, Sir William Penn obtained from the crown a tract of land, extending from twelv miles north of New Castle, on the Delaware, to the forty third degree of latitude, and from the Delaware westward five degrees of longitude. This grant interfered with the patent of Connecticut, provided the grant to the guvernor and company of Connecticut should be extended west of New York, according to the words of that and the other grants of New England. Mr. Penn took care to gain a just title to hiz patent by bona fide purchases of the Indians, who possessed the soil. But the question iz, whether he had a right of pre-emption to lands before granted to other men; and whether the king's grant to him could be valid, so far az it cuvered lands alredy conveyed by the crown to a company, which had begun settlements upon the grant.

The Pensylvanians contended that, the geografy of this country being little known in England, az all the maps and charts at that time were imperfect and erroneous, it must hav been owing to an ignorance of the distance from the Atlantic to the South See, that the grants were made to run thro the continent: That Mr. Penn had acquired the best of titles to the lands in dispute by fair purchase from the nativ proprietors: And that Connecticut, by a settlement of her boundary with New York, had fixed her western limits, and relinquished all claim to lands west of New York.

While any part of Connecticut, eest of New York, remained unlocated, the inhabitants suffered their claims westward to lie dormant. But about the yeer 1750, the whole of this territory waz located, and the peeple began to think of forming a settlement west of Delaware river. They however knew that the lands were claimed by Pensylvania, and to remoov all douts az to the validity of their own title, requested the opinions of the most eminent council in England, upon their right by charter to the lands in question. They receeved for answer, that the grant to the Plimouth company, did extend to the westward of New York: That the settlement of the boundary line between New York and Connecticut, did not affect their claims to lands in other parts: And that, the charter of Connecticut being of a prior date to that of Sir William Penn, there waz no ground to contend, that the crown could make an effectual grant to him of that country which had been so recently granted to others. This answer waz so decisiv and cleer in favor of their claim, that they proceeded to locate and settle the lands on the Susquehanna river, within the latitude of the Connecticut charter. It seems however that a few scattering settlements had been made within the same latitude, on the opposit side of the river, under Pensylvania locations. The settlers soon came to an open quarrel, and both states became interested in the controversy. The dispute however subsided a few yeers during the war, til finally both states submitted their claims to the jurisdiction of the territory, to a federal court, which waz held at Trenton, in November, 1782. The decision of this court waz in favor of Pensylvania, and Connecticut acquiesced.

Dissatisfied with this decree, the settlers under Connecticut and individual claimants, determined to maintain their right to the soil, which they had possessed more than twenty five yeers; and to submit this also to a federal court. No court however waz ever held for the purpose; the claimants not finding any support from the guvernment of Connecticut. The settlers, amounting to many hundreds, remained upon the soil. Pensylvania, by a precipitancy arising out of an imperfect frame of guvernment, resolved to take possession of the lands, and sent an armed force for the purpose. This mezure waz rash, especially az the principal settlers had taken the oath of allegiance to that state, and were willing, if they could be quieted in their possessions, to becum good and peeceable citizens. Tumults followed; the history of which would be disagreeable to most reeders. At length, Pensylvania passed a law to quiet thoze who were actual settlers before the decree at Trenton, in the possession of their farms, amounting to about three hundred akers eech. The territory waz erected into a county, by the name of Luzerne, in honor of the French minister of that name. Colonel Pickering waz appointed Prothonotary161 of the county. This gentleman haz suffered much in reconciling parties; but hiz integrity, zeel, prudence, and indefatigable industry, bid fair to meet with merited success in quieting disorders and establishing guvernment.

In this controversy, several questions arize. First, What right had the crown of England to the lands in North America?

I answer, the right of discuvery. This right, however the law of nations may hav considered it, does not in fact entitle a prince or state to the soil, even of an uninhabited territory; much less, of lands possessed by any of the human race. It entitles the discuvering nation to a preference in forming settlements or occupying vacant lands. And this right iz derived rather from the common convenience of nations, or the necessity of some principle by which to prevent controversy, than from any connection between discuvery and a title to property.

Secondly, What right could the grantees derive from a royal grant of lands in America?

I answer, merely a right of pre-emption, or a preference in purchasing the lands of the proprietors, the nativ Indians.

Thirdly, The guvernor and company of Connecticut, by the prior date of their charter, having the right of pre-emption to all the lands cuvered by the charter, could Mr. Penn acquire a title to any of the same lands by pre-emption?

On legal principles he certainly could not.

The only substantial ground of title which Pensylvania could hav to the controverted lands, waz, that Connecticut, by neglecting to purchase of the Indians, might forfit their right of pre-emption, and leev the territory open to any purchaser whatever; so that Mr. Penn or hiz heirs might acquire a good title by first purchase. Whether Mr. Penn actually acquired such a title or not, I am not possessed of documents to decide. That the first grant of New England actually extended to the Western or Pacific Ocean, cannot be denied; and congress hav admitted the claim, by accepting from Connecticut a cession of lands west of Pensylvania. Connecticut however stil holds a tract of one hundred and twenty miles, west of that state, which iz now for sale. The state of Massachusetts haz a similar claim to lands west of New York state; and the line between the two states haz lately been settled by commissioners. At any rate, the controversy between Connecticut and Pensylvania waz finally terminated by the decree of Trenton, and it iz to be wished no future altercation may disturb the states or individual proprietors.

The small state of Delaware resembles Pensylvania in respect to its history and guvernment.

Maryland waz settled by Roman Catholic emigrants, from England and Ireland, under lord Baltimore. Large grants of land were carved out to individuals, and slaves purchased from Africa to cultivate the soil. Some of the largest estates in America lie in Maryland. The guvernment waz formerly in the hands of the proprietary; but the peeple, at the revolution, assumed it. Mr. Harford, the natural son of lord Baltimore, inherited hiz property in Maryland; but being an absentee during the war, hiz estates were confiscated, and on petition, the legislature refuzed him even the arreerages of rent, du at the commencement of hostilities.162

The present constitution iz in general excellent; and particularly in the establishment of an independent senate. In a popular state, nothing contributes so much to stability and safety, az an independency and firmness in one branch of the legislature. This state however, like its nabors, iz remarkable for tumultuous elections; a malpractice that haz existed from its first settlement; a practice which wil sooner or later proov fatal to the attempts of merit in obtaining offices, and sap the foundation of a free guvernment.