THE ENGLISH IN EAST AND WEST JERSEY. 1664-1689.
BY WILLIAM A. WHITEHEAD.
_Corresponding Secretary of the New Jersey Historical Society._
ALTHOUGH that portion of the American Continent known as New
Netherland was within the limits claimed by England by virtue of
Cabot’s discovery, yet those in possession, from the comparatively
little interest taken in their proceedings, remained undisturbed until
1664.[709] There had been some attempts on the part of settlers in
Connecticut and on Long Island to encroach upon lands in the occupancy
of the Dutch, or to purchase tracts from the Indians otherwise than
through their intervention, yet nothing had resulted therefrom but
estrangement and animosity. An application for the aid of the Royal
government was the consequence, and Charles II. was induced to
countenance the complaints of his North American subjects, and to
enforce his right to the lands in question.
[Illustration]
To effect the ends in view, a charter was granted to James, Duke of
York,—Charles’s brother,—for all the lands lying between the western
side of Connecticut River and the east side of Delaware Bay, including
Long Island, Nantucket, Martha’s Vineyard, and the islands in their
vicinity. This charter was dated March 12, 1663/4, and the following
month a fleet of four vessels, having on board a full complement of
sailors and soldiers, was despatched to eject the Dutch and put the
representatives of the Duke of York in possession.
[Illustration]
The fleet arrived in August, and articles of capitulation were signed
on the 19th (20th) of the same month. Colonel Richard Nicolls, who
commanded the expedition, received the surrender of the Province the
following day; and in October Sir Robert Carr secured the capitulation
of the settlements on the Delaware. By the treaty of Breda, in 1667,
the possession of the country was confirmed to the English.[710]
Although, as the pioneers of civilization, the Hollanders had
developed, to a considerable extent, the resources of what is now New
Jersey, yet the cultivation of the soil and the increase of population,
during the half century that had elapsed since their first occupancy,
were by no means commensurate with what might have been expected.
Settlements had been made on tracts known as Weehawken, Hoboken,
Ahasimus, Pavonia, Constable’s Hook, and Bergen, on the western banks
of the Hudson River, opposite New Amsterdam, but of their population
and other evidences of growth nothing definite is known. On the
Delaware, Cornelius Jacobsen Mey, in 1623, under the auspices of the
West India Company of Holland, and David Pieterson de Vries, in 1631,
attempted to colonize South Jersey at Fort Nassau; but to the Swedes
must be accorded the credit of making the first successful settlements,
though few in number and insignificant in extent.[711] These, in
August, 1655, were surrendered to the Dutch under Peter Stuyvesant,
and they had experienced very little growth or modification when
surrendered to Sir Robert Carr in 1664.
[Illustration]
Before the Duke of York was actually in possession of the territory, he
had executed deeds of lease and release to Lord John Berkeley, Baron
of Stratton, and Sir George Carteret, of Saltrum. The documents bore
the dates of June 23 and 24, 1664, and granted all that portion of his
American acquisition—
“lying and being to the westward of Long Island and Manhitoes Island,
and bounded on the east part by the main sea and part by Hudson’s
river, and hath upon the west Delaware bay or river, and extending
southward to the main ocean as far as Cape May at the mouth of
Delaware bay, and to the northward as far as the northernmost branch
of the said bay or river of Delaware, which is forty-one degrees and
forty minutes of latitude, and crosseth over thence in a straight line
to Hudson’s river in forty-one degrees of latitude; which said tract
of land is hereafter to be called by the name or names of _New Cæsaria
or New Jersey_.”
The two courtiers, placed in these important and interesting relations
to the people of New Jersey, were doubtless led to enter into them from
being already interested in the Province of Carolina, and from their
associations with the Duke of York.
[Illustration]
Sir John Berkeley had been the governor of the Duke in his youth, and
in subsequent years had retained great influence over him. He, as well
as Sir George Carteret, had been a firm adherent of Charles II.; and
Carteret, at the Restoration, was placed in several important positions
and was an intimate companion of James. Both Carteret and Berkeley were
connected with the Duke in the Admiralty Board, of which he was at
that time the head, and consequently enjoyed peculiar facilities for
influencing him. The name of “Cæsaria” was conferred upon the tract in
commemoration of the gallant defence of the Island of Jersey, in 1649,
against the Parliamentarians, by Sir George Carteret, then governor
of the island; but it was soon lost, the English appellation of “New
Jersey” being preferred.
The grant to the Duke of York, from the Crown, conferred upon him,
his heirs and assigns, among other rights and privileges, that of
government, subject to the approval by the King of all matters
submitted for his decision; differing therein from the Royal privileges
conceded to the proprietors of Maryland and Carolina, which were
unlimited. The Duke of York, consequently, ruled his territory in the
name of the King, and when it was transferred to Berkeley and Carteret,
they, “their heirs and assigns,” were invested with all the powers
conferred upon the Duke “in as full and ample manner” as he himself
possessed them, including, as was conceived, the right of government,
although it was not so stated expressly,—thus transferring with the
land the allegiance and obedience of the inhabitants.
[Illustration]
On Feb. 10, 1664/5, without having had any communication with the
inhabitants, or acquiring a knowledge by personal inspection of
the peculiarities of the country, Berkeley and Carteret signed an
instrument which they published under the title of “The Concessions
and Agreements of the Lords Proprietors of New Jersey, to and with all
and every of the adventurers and all such as shall settle and plant
there.” This, the first Constitution of New Jersey, was regarded by
the people as the great charter of their liberties, and respected
accordingly. By its provisions the government of the Province was
confided to a governor, a council of not less than six nor more than
twelve to be selected by the governor, and an assembly of twelve
representatives to be chosen annually by the freemen of the Province.
The governor and council were clothed with power to appoint and remove
all officers,—freeholders alone to be appointed to office unless
by consent of the assembly,—to exercise a general supervision over
all courts, and to be executors of the laws. They were to direct the
manner of laying out of lands, and were not to impose, nor permit to
be imposed, any tax upon the people not authorized by the general
assembly. That body was authorized to pass all laws for the government
of the Province, subject to the approval of the governor, to remain
in force one year, during which time they were to be submitted to the
Lords Proprietors. To encourage planters, every freeman who should
embark with the first governor, or meet him on his arrival, provided
with a “good musket, bore twelve bullets to the pound, with bandoliers
and match convenient, and with six months’ provisions for himself,”
was promised one hundred and fifty acres of land, and the like number
for every man-servant or slave brought with him similarly provided. To
females over the age of fourteen, seventy-five acres were promised,
and a similar number to every Christian servant at the expiration of
his or her term of service. Those going subsequently, but before Jan.
1, 1666, were to receive one hundred and twenty acres, if master,
mistress, or able man-servant or slave; and weaker servants, male or
female, sixty acres. Those going during the fourth year were to have
one half of these quantities.
In the laying out of towns and boroughs the proprietors reserved
one seventh of the land to themselves. To all who might become
entitled to any land, a warrant was to be obtained from the governor
directing the surveyor to lay out the several tracts, which being
done, a grant or patent was to be issued, signed by the governor and
the major part of the council, subject to a yearly quit-rent of not
less than one halfpenny per acre, the payment of which was to begin
in 1670. Each parish was to be allowed two hundred acres for the
use of its ministers. Liberty of conscience was guaranteed to all
becoming subjects of England, and swearing allegiance to the King and
fidelity to the Lords Proprietors; and the assembly of the Province
was authorized to appoint as many ministers as should be thought
proper, and to provide for their maintenance. Such were the principal
provisions of this fundamental Constitution of the Province.
[Illustration]
On the same day that the Concessions were signed, Philip Carteret, a
distant relative of Sir George, was commissioned governor, and received
his instructions. Preparations were at once made for his departure,
accompanied by all such as were willing to emigrate to New Jersey; and
in April he sailed, with about thirty adventurers and servants, in the
ship “Philip,” laden with suitable commodities. The vessel was first
heard of as being in Virginia in May, and she arrived at New York on
July 29. Here Carteret was informed that Governor Nicolls, in entire
ignorance of the transfer of New Jersey to Lords Berkeley and Carteret,
had authorized and confirmed a purchase made of the Indians, by a party
from Long Island, of a tract of land lying on the west side of the
strait between Staten Island and the main land, and that four families
had emigrated thither. Nicolls had also confirmed to other parties
a tract lying near to Sandy Hook, which they had purchased from the
Indians. This led to the settlement of Middletown and Shrewsbury, in
what is now Monmouth County,—the two grants laying the foundation for
much subsequent trouble in the administration of the public affairs of
the Province.
In consequence of these developments the prow of the “Philip” was
directed by Carteret towards the new settlement at what is now
Elizabeth; and arriving there early in August, he landed, as it is
said, with a hoe upon his shoulder, thereby indicating his intention
to become a planter with those already there, and conferring upon
the embryo town the name it now bears, after the lady of Sir George
Carteret.
Among Carteret’s first measures for the improvement of the Province
was the sending of messengers to New England and elsewhere, to publish
the Concessions and to invite settlers,—measures which resulted in a
considerable accession to the population. The ship “Philip” returned to
England in about six months, and brought out the next year “more people
and goods” on account of the Proprietors; and other vessels, similarly
laden, followed from time to time.
In 1666 a division of the Elizabethtown tract was effected,
leading to the settlement of Woodbridge and Piscataway. Another
settlement,—formed by immigrants from Milford, Guilford, Branford, and
New Haven, and having a desire, they said in their agreement, “to be of
one heart and consent, through God’s blessing, that with one hand they
may endeavor the carrying on of spiritual concernments, as also civil
and town affairs according to God and a godly government,”—became the
nucleus of Newark (now the most populous city in New Jersey), only such
planters as belonged to some one of the Congregational churches being
allowed to vote or hold office in the town. These, with the settlements
mentioned as having been begun under the Dutch administration,
comprised all which for some years attracted immigration from other
quarters. Thus gradually New Jersey obtained an enterprising,
industrious population sufficiently large to develop in no small degree
its varied capabilities.
The Indians were considered generally as beneficial to the new
settlements. The obtaining of furs, skins, and game, which added both
to the traffic of the Province and to the support of the inhabitants,
was thus secured with less difficulty than if they had been obliged
to depend upon their own exertions for the needed supply. The
different tribes were more or less connected with or subordinate to
the confederated Indians of New York, and the settlers in New Jersey
enjoyed, in consequence, peculiar protection. As the Proprietors
evinced no disposition to deprive them of their lands, but in all
cases made what was deemed an adequate remuneration for such as were
purchased, New Jersey was preserved from those unhappy collisions which
resulted in such vital injury to the settlements in other parts of the
country.
Governor Carteret did not think that any legislation was immediately
necessary for the government of the people or administration of the
affairs of the Province. The Concessions having been tried were found
quite adequate to the requirements of the new settlements, but on
April 7, 1668, he issued his proclamation ordering the election of two
freeholders from each town to meet in a general assembly the ensuing
month at Elizabethtown; and on May 26 the first Assembly in New Jersey
began a session which closed on the 30th. During the session a bill
of pains and penalties was passed, identical in some respects with
the Levitical law. Other subjects were considered; but “by reason of
the week so near spent and the resolution of some of the company to
depart,” definite action was postponed until the ensuing session, which
was held on November 3, in which deputies from the southern portion of
the Province on the Delaware took part. A few acts were passed relating
to weights and measures, fines, and dealings with the Indians; but on
the fourth day of the session the Assembly adjourned _sine die_, the
deputies excusing themselves therefor in a message to the Governor and
Council, in which they say:—
“We, finding so many and great inconveniences by our not sitting
together, and your apprehension so different to ours, and your
expectations that things must go according to your opinions, they can
see no reason for, much less warrant from the Concessions; wherefore
we think it vain to spend much time in returning answers by meetings
that are so exceeding dilatory, if not fruitless and endless, and
therefore we think our way rather to break up our meeting, seeing the
order of the Concessions cannot be attended to.”
A proposition by the Governor and Council, that a committee should be
appointed to consult with them upon the asserted deviations from the
Concessions, was not heeded, and the Assembly adjourned. Seven years
elapsed before another, of which there is any authentic record, met.
There are intimations of meetings of deputies on two occasions in 1671;
but what was done thereat is not known, excepting the establishing of a
Court of Oyer and Terminer.
This neglect to provide for the regular meeting of the General Assembly
of the Province was doubtless owing to the disaffection then existing
among the inhabitants of what was subsequently known as the Monmouth
Patent, including Middletown, Shrewsbury, and other settlements holding
their lands under the grant from Nicolls, which has been mentioned.
As they considered themselves authorized to pass such prudential laws
as they deemed advisable, they were led to hold a local assembly
for the purpose as early as June, 1667, at what is now called the
Highlands; and not being disposed to acknowledge fully the claims of
the Lords Proprietors, they refused to publish the laws passed at
the first session of the General Assembly and would not permit them
to be enforced within their limits, on the ground that the deputies,
professedly representing them, had not been lawfully elected. Certain
differences in the Nicolls grant, from the Concessions, were insisted
on before the deputies representing those towns could be allowed to
co-operate in any legislation affecting them.
These views were not acceded to, and the towns were consequently
not represented in the Assembly of November, 1668, and the first
open hostility to the government of Carteret was inaugurated. This,
however, did not interfere materially with his administration of the
affairs of the Province. In every other quarter harmony prevailed
until the time came when, by the provisions of the Concessions, the
first quit-rents became payable by those holding lands under the
Proprietors. The arrival of March 25, 1670, when their collection
was to begin, introduced decided and, in many quarters, violent
opposition. Information received from England of a probable change in
the proprietorship, which promised a reannexation of New Jersey to
New York, no doubt added to the apprehensions of the Governor and his
Council, and gave encouragement to the disaffected among the people.
The Elizabethtown settlers, asserting their right to the lands
confirmed to them by Governor Nicolls independent of the requisitions
of the Concessions, became the central instruments of action for the
disaffected. The claims of the Proprietors’ officers, the oaths of
allegiance which many of them had taken, as well as their duty to
those whose liberal concessions constituted the chief inducements for
settlement within their jurisdiction, were alike unheeded. The titles
acquired through Nicolls they attempted to uphold as of superior force,
and, following the example of Middletown and Shrewsbury, although on
less tenable grounds, they were disposed to question the authority of
the government in other matters. For two years there was a prevalent
state of confusion, anxiety, and doubt.
On March 26, 1672, there was a meeting of deputies from the different
towns; but the validity of such an Assembly, as it was called, the
governor and council did not recognize. The proceedings are presumed to
have had reference to the vexed question of titles; but the documents
connected with the meeting were all suppressed by the secretary,
who was also assistant-secretary of the council, and he acted, it
is presumed, under their instructions. Another meeting was held at
Elizabethtown on May 14, composed of representatives of Elizabethtown,
Newark, Woodbridge, Piscataway, and Bergen; but assembling “without
the knowledge, approbation, or consent” of the governor and council,
they of course did not co-operate. The Concessions stipulated that
the general assembly should consist of the “representatives, or the
majority of them, with the governor and council,” and their absence
afforded an excuse for another step toward independence of the
established authorities. The Concessions provided that, should the
governor refuse to be present in person or by deputy, the general
assembly might “appoint themselves a president during the absence
of the governor or the deputy-governor;” and the assembly proceeded
to do so (not, however, a president merely to preside over their
deliberations and give effect to their acts, but a “president of the
country,” to exercise the chief authority in the Province), finding a
ready co-operator in James Carteret, a son of Sir George, then in New
Jersey on his way to Carolina, of which he had been made a landgrave.
He appears to have been courteously received by the authorities of
the Province, from his near relationship to the proprietor, but his
course argues little consideration for them or for the interests of
his father. He did not hesitate to assume the chief authority; and,
although the governor issued a proclamation denouncing both him and
the body which had conferred authority upon him, yet power to enforce
obedience seems to have been with the usurper. Officers of the
government were seized and imprisoned, and in some instances their
property was confiscated.
[Illustration]
Governor Carteret had deemed it advisable to seek his safety by taking
up his residence in Bergen, where on May 28 he convened his council
for deliberation. They advised him to go to England, to explain to
the Lords Proprietors the situation of the Province, and to have his
authority confirmed. This he did, taking with him James Bollen, the
secretary of the council, and appointing John Berry deputy-governor in
his absence. Their reception by the Proprietors was all that they could
have expected or desired. Sir George Carteret sent directions to his
son to vacate his usurped authority at once and proceed to Carolina;
and the Duke of York wrote to Governor Lovelace, who had succeeded
Nicolls in the Province of New York, notifying him, and requiring him
to make the same known to the insurgents, that the claims they had
advanced would not be recognized by him; and King Charles II. himself
sent a missive to Deputy-Governor Berry confirming his authority and
commanding obedience to the government of the Lords Proprietors. Other
documents from the Proprietors expressed in temperate but decided
language their determination to support the rights which had been
conferred upon them, and some modifications of the Concessions were
made, which circumstances seemed to require, conferring additional
powers on the governor and council.
These various documents were published by Deputy-Governor Berry in May,
1673. They served to quiet the previous agitation, and to re-establish
his authority. A certain time was allowed the malecontents to comply
with the terms of the Proprietors; and the inhabitants of Middletown
and Shrewsbury placed themselves in a more favorable position than
those of other towns by asking for a suspension of proceedings against
them until they could communicate with the authorities in England.
This they did, throwing themselves upon their generous forbearance by
relinquishing any special privileges they had claimed under the Nicolls
patent, receiving individual grants of land in lieu thereof; and
thereafter the relations between them and the proprietary government
were always harmonious.
The government was resumed by the representatives of the Proprietors
without any exhibition of exultation; and further to insure
tranquillity and good conduct the deputy-governor and council issued
an order with the intent “to prevent deriding, or uttering words of
reproach, to any that had been guilty” of the insubordination.
In March, 1673, Charles II., in co-operation with Louis XIV. of France,
declared war against Holland; and before the time expired, within
which the proffered terms were to be acceded to by the inhabitants,
the Dutch were again in possession of the country. The manner in
which New Netherland had been subdued by the English prompted a like
retaliation, and a squadron of five vessels was at once despatched
against New York. The fleet was increased, by captures on the way,
to sixteen vessels, conveying sixteen hundred men; and on August 8
possession of the fort was obtained, and for more than a year the
authority of the States General was acknowledged. On the one hand, no
harshness or disposition to violate the just rights of the inhabitants
was manifested; while, on the other, imaginary injuries from the
proprietary government led to a ready recognition of what might prove
an advantageous change. The natural consequences were harmony and
good-will.
The inhabitants generally were confirmed in the possession of their
lawfully acquired lands, and placed on an equality, as to privileges,
with the Hollanders themselves. Local governments were established for
each town, consisting of six schepens, or magistrates, and two deputies
toward the constitution of a joint board, for the purpose of nominating
three persons for schouts and three for secretaries. From the
nominations thus made the council would select three magistrates for
each town, and for the six towns collectively a schout and secretary.
John Ogden and Samuel Hopkins were severally appointed to these offices
on the 1st of September.
On November 18 a code of laws was promulgated “by the schout and
magistrates of Achter Kol Assembly, held at Elizabethtown to make
laws and orders,” but it does not appear to have been framed with
any reference to the English laws in force, which it was intended to
subvert. It was singularly mild in the character and extent of the
punishments to be inflicted on transgressors, the principal aim of
the legislators apparently being the protection of the Province from
the demoralizing effects of sensual indulgence and other vicious
propensities; but the whole code soon became a nullity, through the
abrogation of the authority under which it was enacted.
On Feb. 9, 1674, a treaty of peace was signed at Westminster, the
eighth article of which restored the country to the English; and they
continued in undisturbed possession from the November following until
the war which secured the independence of the United States of America.
On the conclusion of peace the Duke of York obtained from the King a
new patent, dated June 29, 1674, similar in its privileges and extent
to the first; and on October 30 Edmund Andros arrived with a commission
as governor, clothing him with power to take possession of New York
and its dependencies, which, in the words of the commission included
“all the land from the west side of Connecticut River to the east side
of Delaware Bay.” On November 9 he issued a proclamation in which he
expressly declared that all former grants, privileges, or concessions,
and all estates legally possessed by and under His Royal Highness
before the late Dutch government, were thereby confirmed, and the
possessors by virtue thereof to remain in quiet possession of their
rights. King Charles on June 13, prior to the issuing of a new patent
by the Duke of York, wrote a circular letter confirming in all respects
the title and power of Carteret in East Jersey.
[Illustration]
On July 28 and 29, 1674, Sir George Carteret received a new grant from
the Duke of York, equally full as to rights and privileges, giving
him individually all of the Province north of a line drawn from a
certain “creek called Barnegat to a certain creek on Delaware River,
next adjoining to and below a certain creek on Delaware River called
Rankokus Kill,” a stream south of what is now Burlington,—the sale
of Berkeley’s interest in the Province being evidently considered as
leading to its division.
[Illustration]
This had taken place on March 18, 1673/4, Lord Berkeley disposing
of his portion of the Province to John Fenwicke,—Edward Byllynge
being interested in the transaction. As these two were members of the
Society of Quakers, or Friends, who had experienced much persecution in
England, it is thought that in making this purchase they had in view
the securing for themselves and their religious associates a place of
retreat.
[Illustration]
Some difficulty was experienced in determining the respective
interests of Fenwicke and Byllynge in the property they had acquired,
and the intervention of William Penn was secured. He awarded one tenth
of the Province, with a considerable sum of money, to Fenwicke, and the
remaining nine tenths to Byllynge. Not long after, Byllynge, who was a
merchant, met with misfortunes, which obliged him to make a conveyance
of his interest to others. It was therefore assigned to three of his
fellow associates among the Quakers,—William Penn, Gawen Lawrie, and
Nicholas Lucas. This conveyance was signed Feb. 10, 1674. The nine
undivided tenths were assigned to the three persons just mentioned, to
be held by them in trust for the benefit of Byllynge’s creditors; and
not long after Fenwicke’s tenth was also placed under their control,
although he had executed a lease to John Eldridge and Edmond Warner for
a thousand years, to secure the repayment of sums of money obtained
from them. A discretionary power to sell was conferred by the lease,
leading to complications of title and management.
[Illustration]
Philip Carteret had remained in England until the negotiations
subsequent to the surrender of the Dutch were completed and the
new grant for East Jersey obtained; and on July 31, 1674, he was
recommissioned as governor, and returned to the Province, bringing with
him further regulations respecting the laying out of lands, the payment
of quit-rents, and other obligations of the settlers. His return seems
to have greatly pleased the people of East Jersey. His commission, and
the other documents of which he was made the bearer, were published at
Bergen, Nov. 6, 1674, in the presence of his council and commissioners
from all the towns except Shrewsbury.
After the Governor’s return the assemblies met annually with
considerable regularity, the first at Elizabethtown on Nov. 5, 1675,
and the others either there or at Woodbridge or Middletown. Sufficient
unanimity seems to have prevailed among the different branches
of government, to secure legislation upon all subjects which the
advancement of the Province in population rendered essential.
As yet no material change in the condition of West Jersey as to
settlement had taken place; but in 1675 John Fenwicke, with many
others, came over in the ship “Griffith” from London and landed at what
is now Salem,—so called by them from the peaceful aspect which the
site then wore. No other settlers, however, arrived for two years.
Although the commission of Andros as governor of New York authorized
him to take possession of the Province “and its dependencies,” yet
having been conversant with the transactions in England affecting
New Jersey, which had taken place subsequent to its date, he did not
presume at first to assert his authority over that Province, otherwise
than to collect duties there similar to those constituting the Duke’s
revenue in New York. Soon after his arrival he took measures to collect
the same customs at Hoarkill, in West Jersey; and on the arrival of
Fenwicke with his settlers at Salem, a meeting of his council was held
Dec. 5, 1675, at which an order was issued prohibiting any privilege
or freedom of customs or trading on the eastern shore of the Delaware,
nor was Fenwicke to be recognized as owner or proprietor of any land.
As this prohibition was not regarded by Fenwicke, on Nov. 8, 1676,
directions were given to the council at Newcastle to arrest him and
send him to New York. This proceeding not being acquiesced in by
Fenwicke, a judicial and military force was despatched in December to
make the arrest. On producing, for the inspection of Andros, the King’s
Letters Patent, the Duke of York’s grant to Berkeley and Carteret, and
Lord Berkeley’s deed to himself, Fenwicke was allowed to return to West
Jersey, on condition that he should present himself again on or before
the 6th of October following,—the fact that the Duke was authorized
to, and did, transfer all his rights in New Jersey, “in as full and
ample manner” as he had received them, being an argument that Andros
could not readily refute. Fenwicke complied with the prescribed terms
of his release and, after some detention as a prisoner, was liberated
(as asserted by Andros) on his parole not to assume any authority in
West Jersey until further warrant should be given.
It being evident that the grant of the Duke of York to Sir George
Carteret in July, 1674, had not made an equitable division of the
Province between him and the assigns of Sir John Berkeley, the Duke
induced Sir George to relinquish that grant, and another deed of
division was executed on July 1, 1676, known as the Quintipartite Deed,
making the dividing line to run from Little Egg Harbor to what was
called the northernmost branch of the Delaware River, in 41° 40´ north
latitude; and from that time the measures adopted by the Proprietors of
the two provinces to advance the interests of their respective portions
were enforced separately and independently of each other.
The trustees of Byllynge effected sales of land to two companies of
Friends, one from Yorkshire and the other from London; and in 1677
commissioners were sent out with power to purchase lands of the
natives, to lay out the various patents that might be issued, and
otherwise administer the government. The ship “Kent” was sent over with
two hundred and thirty passengers, and after a long passage she arrived
in the Delaware in August (1677), and the following month a settlement
was made on the site of the present Burlington.
The commissioners came in the “Kent,” which, on her way to the
Delaware, anchored at Sandy Hook. Thence the commissioners proceeded to
New York to inform Governor Andros of their intentions; and, although
they failed to secure an absolute surrender of his authority over their
lands, he promised them his aid in getting their rights acknowledged,
they in the mean time acting as magistrates under him, and being
permitted to carry out the views of the Proprietors. During the
following months of 1677, and in 1678, several hundred more immigrants
arrived and located themselves on the Yorkshire and London tracts, or
tenths as they were called.
The settlers of West Jersey, as a body, were too intelligent for them
to remain long without an established form of government, and on March
3, 1677, a code of laws was adopted under the title of “The Concessions
and Agreements of the Proprietors, Freeholders, and Inhabitants of
the Province of West Jersey.” It was drawn up, as is presumed, by
William Penn and his immediate coadjutors, as his name heads the list
of signers, of whom there were one hundred and fifty-one. The chief
or executive authority was by these Concessions lodged in the hands
of commissioners to be appointed by the then Proprietors, and their
provisions cannot but meet with general approval. This code is to be
considered as the first example of Quaker legislation, and is marked
by great liberality. The framers, as a proprietary body, retained no
authority exclusively to themselves, but placed all power in the hands
of the people. The document was to be read at the beginning and close
of each general assembly; and, that all might know its provisions, four
times in a year it was to be read in a solemn manner in every hall of
justice in the Province.
The settlers on Fenwicke’s tenth did not participate in the privileges
of these Concessions. On returning to the Province, after his
confinement in New York, Fenwicke proceeded to make choice of officers
for his colony, demanding in the name of the King the submission of the
people, and directly afterward issued a proclamation in which he—as
“Lord and Chief Proprietor of the said Province [West Jersey], and in
particular Fenwicke’s colony within the same”—required all persons to
appear before him within one month and show their orders or warrants
for “their pretended titles,” assuming an independent authority
entirely at variance with the proprietary directions.
The commissioners of the Byllynge tenths, however, do not appear to
have made any attempt to interfere with him, confining their authority
to the limits of their own well defined tracts; but if Fenwicke escaped
annoyance from his near neighbors he was not so fortunate in his
relations with his former persecutor, Andros, as he is represented as
being, not long after his return, again at Newcastle under arrest,
waiting for some opportunity to be sent again to New York.
Although, as has been stated, general quietude prevailed in East
Jersey for some years after Carteret’s return from England, yet it
must be considered as resulting less from the desire of the people to
co-operate with him, than from the want of leaders willing to guide
and uphold them in ultra proceedings. The exaction of customs in New
York, by direction of the representatives of the Duke of York, operated
more to the annoyance of the inhabitants on the Delaware than to
those in the eastern portion of the Province, and it was with great
anxiety that the adventurers to West Jersey regarded the course of
Andros in relation thereto; but in East Jersey, the proximity to New
York rendered a direct trade with foreign lands less necessary. Andros
steadily opposed all projects of the Governor to render East Jersey
more independent of New York, and the death of Sir George Carteret in
January, 1680, seems to have inspired him with fresh vigor in asserting
the claims of the Duke of York. Recalling to mind that New Jersey was
within the limits of his jurisdiction according to his commission, he
addressed a letter to Governor Carteret in March, 1679/80, informing
him that, being advised of his acting without legal authority to the
great disturbance of His Majesty’s subjects, he required him to cease
exercising any authority whatever within the limits of the Duke of
York’s patent, unless his lawful power so to do was first recorded in
New York. To this unlooked for and unwarranted communication, Governor
Carteret replied on March 20, two days after its receipt, informing his
indignant correspondent that after consultation with his council he and
they were prepared to defend themselves and families against any and
all aggressions, having a perfect conviction of the validity of the
authority they exercised. Before this letter was received by Andros, or
even written, he had issued a proclamation abrogating the government of
Carteret and requiring all persons to submit to the King’s authority
as embodied in himself. Emissaries were despatched to East Jersey to
undermine the authority of Carteret, and every other means adopted to
estrange the people from their adhesion to the Proprietary government.
On April 7 Andros, accompanied by his council, presented himself at
Elizabethtown, and Carteret, finding that they were unattended by any
military force, dismissed a body of one hundred and fifty men gathered
for his defence; and, receiving his visitors with civility, a mutual
exposition was made of their respective claims to the government of
East Jersey. The conference ended as it had begun. Andros having
now, as he said, performed his duty by fully presenting his authority
and demanding the government in behalf of His Majesty, cautioned them
against refusal. “Then we went to dinner,” says Carteret in his account
of the interview, “and that done we accompanied him to the ship, and so
parted.”
Carteret’s hospitality, however, was lost upon Andros. On April 30 a
party of soldiers, sent by him, dragged the Governor from his bed and
carried him to New York, bruised and maltreated, where he was kept
in prison until May 27, when a special court was convened for his
trial for having “persisted and riotously and routously endeavored to
maintain the exercise of jurisdiction and government over His Majesty’s
subjects within the bounds of His Majesty’s letters-patent to His Royal
Highness.”
Carteret boldly maintained his independence under these trying
circumstances. He fully acknowledged before the court his refusal to
surrender his government to Andros without the special command of the
King, submitted the various documents bearing upon the subject, and
protested against the jurisdiction of a court where his accuser and
imprisoner was also his judge.
The jury brought in a verdict of “not guilty,” which Andros would not
receive, obliging them to reconsider their action, two or three times;
and it is somewhat singular that they should have held firm to their
first decision. They, however, gave in so far as to require Governor
Carteret to give security not to exercise any authority on his return
to East Jersey, until the matter could be referred to the authorities
in England.
Andros lost no time in profiting by Carteret’s violent deposition,
for although it is said that, attended by his whole retinue of ladies
and gentlemen, he escorted Carteret to his home in Elizabethtown, yet
on June 2 Andros met the Assembly at that place, presented again his
credentials, and recommended such enactments as would confirm all past
judicial proceedings, and the adoption of the laws in force in New
York. The representatives, while they treated Andros with respect,
were not unmindful of what was due to themselves as freemen. They
were not prepared to bow in submission even to His Majesty’s Letters
Patent, whenever at variance with their true rights. “What we have
formerly done,” said they, “we did in obedience to the authority that
was then established in this Province: these things, which have been
done according to law, require no confirmation.” They presented for
the approval of Andros the laws already in force as adapted to their
circumstances, and expressed their expectations that the privileges
conferred by the Concessions would be confirmed. It does not appear
that their views were dissented from by Andros, or that his visit was
productive of either good or evil results.
In consequence of the dilatoriness of the Proprietary in England,
Carteret was kept in suspense until the beginning of the next year; but
on March 2, 1681, he issued a proclamation announcing the receipt by
him of the gratifying intelligence that the Duke of York had disavowed
the acts of Andros and denied having conferred upon him any authority
that could in the least have derogated from that vested in the
Proprietary; and a letter from the Duke’s secretary, to Andros himself,
notified him that His Royal Highness had relinquished all right or
claim to the Province, except the reserved rent.
About this time Andros returned to England, leaving Anthony Brocholst,
president of the council, as his representative. There is some mystery
about his conduct towards New Jersey. He may have thought that the
party in East Jersey, inimical to the proprietary government, might
enable him to regain possession of it for the Duke, and thereby
increase the estimation in which he might be held by him. For Andros
had enemies in New York who had interested themselves adversely to his
interests, making such an impression upon the Duke that his voyage to
England at this time was taken in accordance with the express command
of his superior, to answer certain charges preferred against him.
The withdrawal of the common enemy soon reproduced the bickerings and
disputings which had characterized much of Carteret’s administration.
He convened an Assembly at Elizabethtown in October, 1681, at which
such violent altercations took place that the Governor, for the first
time in the history of New Jersey, dissolved the Assembly, contrary to
the wishes of the representatives. This was the last Assembly during
the administration of Carteret, for the ensuing year he resigned the
government into other hands.
Sir George Carteret died, as has been stated, in 1680, leaving his
widow, Lady Elizabeth, his executrix. He devised his interest in New
Jersey to eight trustees in trust for the benefit of his creditors;
and their attention was immediately given to finding a purchaser, by
private application or public advertisement. These modes of proceeding
proving unsuccessful it was offered at public sale to the highest
bidder, and William Penn and eleven associates, all thought to have
been Quakers, and some of whom were already interested in West Jersey,
became the purchasers for £3,400. Their deeds of lease and release
were dated Feb. 1 and 2, 1681/2, and subsequently each one sold one
half of his interest to a new associate, making in all twenty-four
proprietors. On March 14, 1681/2, the Duke of York confirmed the sale
of the Province to the Twenty-four by giving a new grant more full
and explicit than any previous one, in which their names are inserted
in the following order: James, Earl of Perth, John Drummond, Robert
Barclay, David Barclay, Robert Gordon, Arent Sonmans, _William Penn_,
_Robert West_, _Thomas Rudyard_, _Samuel Groom_, _Thomas Hart_,
_Richard Mew_, _Ambrose Rigg_, _John Heywood_, _Hugh Hartshorne_,
_Clement Plumstead_, _Thomas Cooper_, Gawen Lawrie, Edward Byllynge,
James Brain, William Gibson, Thomas Barker, Robert Turner, and Thomas
Warne,—those in italics being the names of eleven of the first twelve,
_Thomas Wilcox_, the twelfth, having parted with his entire interest.
There was a strange commingling of religions, professions, and
characters in these Proprietors, among them being, as the historian
Wynne observes, “High Prerogative men (especially those from
Scotland), Dissenters, Papists, and Quakers.” This bringing together
such a diversity of political and religious ideas and habits was
doubtless with a view to harmonize any outside influences that it might
be deemed advisable to secure, in order to advance the interests of the
Province. A government composed entirely of Quakers or Dissenters or
Royalists might have failed to meet the co-operation desired, whereas a
combination of all might have been expected to unite all parties.
[Illustration]
Robert Barclay of Urie, a Scottish gentleman, a Quaker, and a personal
friend of William Penn, was selected to be governor. He occupied a
high position among those of his religion for the influence exerted
in their behalf, and for the numerous works written by him in defence
of their principles,—the most celebrated being _An Apology for the
True Christian Divinity as the same is preached and held forth by the
people, in scorn, called Quakers_,—and moreover he was equally capable
of excelling in worldly matters. He was subsequently commissioned
governor for life; and, as if his name alone were sufficient to
insure a successful administration of the affairs of the Province, he
was not required to visit East Jersey in person, but might exercise
his authority there by deputy. He selected for that position Thomas
Rudyard, an eminent lawyer of London, originally from the town of
Rudyard in Staffordshire. It was probably from his connection with the
trials of prominent Quakers, in 1670, that he became interested in the
East Jersey project. He took an active part in the preliminary measures
for advancing the designs of the Proprietors. The Concessions, their
plans for one or more towns, a map of the country, and other documents
were deposited at his residence in London for the inspection of all
adventurers.
The entire population of East Jersey at this time was estimated at
about five thousand, occupying Shrewsbury, Middletown, Piscataway,
Woodbridge, Elizabethtown, Newark, Bergen, and the country in their
respective vicinities.
Deputy-Governor Rudyard, accompanied by Samuel Groom as receiver
and surveyor-general, arrived in the Province in November 1682, and
both were favorably impressed by the condition and advantages of the
country. On December 10 following the council was appointed, consisting
of Colonel Lewis Morris, Captain John Berry, Captain William Sandford,
Lawrence Andress, and Benjamin Price, before whom, on December 20, the
deputy-governor took his oath of office, having previously on the 1st
been sworn as chief register of the Proprietors. The instructions with
which Rudyard was furnished by the Proprietors or Governor Barclay are
not on record, but they are presumed to have been in accordance with
the terms of a letter to the planters and inhabitants, with which he
was furnished, inculcating harmony and earnest endeavors to advance
their joint interests. The previous Concessions being confirmed,
Rudyard convened an Assembly at Elizabethtown, March 1, 1683; and
during the year two additional sessions were held and several acts of
importance passed. Among them was one establishing the bounds of four
counties into which the Province was divided. “Bergen” included the
settlements between the Hudson and Hackensack rivers, and extended to
the northern bounds of the Province; “Essex” included all the country
north of the dividing line between Woodbridge and Elizabethtown, and
west of the Hackensack; “Middlesex” took in all the lands from the
Woodbridge line on the north to Chesapeake Harbor on the southeast, and
back southwest and northwest to the Province bounds; and “Monmouth”
comprised the residue.
Although the administration of Rudyard appears to have been productive
of beneficial results, securing a great degree of harmony among the
varied interests prevailing in the Province, yet, differing from him in
opinion as to the policy of certain measures, the Proprietors, while
their confidence in him seems to have been unimpaired, thought proper
to put another in his place. The principal reason, therefore, appears
to have been that Rudyard and the surveyor-general Groom differed as
to the mode of laying out lands. The Concessions contemplated the
division of all large tracts into seven parts, one of which was to be
for the Proprietors and their heirs. Groom refused to obey the warrants
of survey for such tracts unless such an interest of the Proprietors
therein was recognized, but the governor and his council took the
position that the patents, not the surveys, determined the rights of
the parties; and, to have their views carried out, Groom was dismissed
and Philip Wells appointed to be his successor. The Proprietors in
England, regarding this measure as probably in some way lessening their
profits in the Province, sustained the surveyor-general’s views and
annulled all grants not made in accordance therewith, and appointed
as Rudyard’s successor Gawen Lawrie, a merchant of London,—the same
influential Quaker whom we have seen deeply interested already in West
Jersey as one of Byllynge’s trustees, and whose intelligence and active
business qualifications made his administration of affairs conspicuous.
His commission was dated at London in July 1683, but he did not take
his oath of office until February 28 following. Rudyard retained the
offices of secretary and register and performed their duties until the
close of 1685, when he left for Barbadoes, being succeeded as secretary
by James Emott. Lawrie retained Messrs. Morris, Berry, Sandford,
and Price of Rudyard’s council, and appointed four others, Richard
Hartshorne of Monmouth, Isaac Kingsland of New Barbadoes, Thomas
Codrington of Middlesex, Henry Lyon of Elizabeth, and Samuel Dennis of
Woodbridge.
The new deputy-governor brought out with him a code of general
laws—or fundamental constitutions as they were called, consisting
of twenty-four chapters, or articles, adopted by the Proprietors in
England—which was considered by its framers, for reasons not apparent,
as so superior to the Concessions, that only those who would submit
to a resurvey and approval of their several grants, arrange for the
payment of quit-rents, and agree to pass an act for the permanent
support of the government should enjoy its protection and privileges.
All others were to be ruled in accordance with the Concessions. This
virtually established two codes of laws for the Province. Lawrie,
however, seems to have been convinced of the impropriety of putting
the new code in force, although in his instructions he was directed as
soon as possible to “order it to be passed in an assembly and settle
the country according thereto.” Through his discretion, therefore, the
civil policy of the Province remained unchanged.
The country made a most favorable impression upon Lawrie. “There is
not a poor body in all the Province, nor that wants,” wrote he to the
Proprietors in England; and he urged them to hasten emigration as
rapidly as possible,—discovering in the sparseness of the population
one great cause of the difficulties his predecessors had encountered,
an increase in the number of inhabitants favorable to the Proprietors’
interests being essential.
The Proprietors, however, had not been so unmindful of their interests
as not to exert themselves to induce emigration to their newly acquired
territory. The first twelve associates directly after receiving the
deed for the Province published a _Brief Account of the Province of
East Jersey_, presenting it in a very favorable light, and in 1683 the
Scotch Proprietors issued a publication of a similar character. These
publications, aided by the personal influence of Governor Barclay over
their countrymen, who at that time were greatly dissatisfied with their
political condition, and suffering under religious persecution, excited
considerable interest for the Province, and a number of emigrants were
soon on their way across the Atlantic. Many of them were sent out in
the employ of different Proprietors, or under such agreements as would
afford their principals the benefits of headland grants, fifty acres
being allowed to each master of a family and twenty-five for each
person composing it, whether wife, child, or servant,—each servant to
be bound three years, at the expiration of which time he or she was to
be allowed to take up thirty acres on separate account.
Only a limited success, however, attended these exertions; national and
religious ties were not so easily severed. Notwithstanding the ills
that pressed so heavily upon them and their countrymen, the voluntary
and perpetual exile which they were asked to take upon them required
more earnest and pertinent appeals; and therefore, in 1685, a work
appeared entitled _The Model of the Government of the Province of East
New Jersey in America_, written by George Scot of Pitlochie at the
request of the Proprietors, in which the objections to emigration were
refuted, and the condition of the new country stated at length. Further
reference to this publication will be made hereafter; it is sufficient
to state at present that it led to the embarkation of nearly two
hundred persons for East Jersey on board a vessel named the “Henry and
Francis,”—a name which deserves as permanent a position in the annals
of New Jersey as does that of the “Mayflower” in those of Massachusetts.
The instructions of the Proprietors to Deputy-Governor Lawrie—while
firm in their requirements for the execution of all engagements
which justice to themselves and other settlers called upon them to
enforce—were calculated to restore tranquillity, and to quiet, for a
time at least, the opposition to their government. The claims under the
Indian purchases having been brought to their notice, and relief sought
from the evils to which the claimants had been subjected, elicited a
dignified letter in reply, upholding the proprietary authority, and
presenting in a forcible manner the difficulties which would inevitably
arise should that authority be subverted. In order to prevent further
difficulties from the acquisition of Indian titles by individuals the
right to purchase was continued in the deputy-governor, and he was
directed to make a requisition upon the Proprietors for the necessary
funds, as had been done in 1682, by shipping a cargo of goods valued at
about one hundred and fifty pounds, and expending the amount for that
purpose.
The necessity for the cultivation of good feelings with the Province
of New York was manifest. Having for its chief executive one whose
arbitrary temper and disposition led him to disregard solemn
engagements, the relations between the provinces were not likely to
be made more harmonious because he was heir-apparent to the throne of
England; and it was consequently in accordance both with the principles
of the Friends and the promptings of sound judgment and discretion,
that the Proprietors urged upon Lawrie the propriety of fostering a
friendly correspondence with New York, and avoiding everything that
might occasion misapprehension or cause aggressions upon their rights.
Lawrie conformed himself to the tenor of his instructions. He visited
Governor Dongan and remained with him two or three days, discussing
their mutual rights and privileges, and was treated by him with
kindness and respect; and being of a less grasping disposition than his
predecessor, there were no open acts of hostility to the proprietary
government manifested by him.
Immigration and a transfer of rights soon brought into the Province
a sufficient number of Proprietors to allow of the establishment
of a board of commissioners within its limits, authorized to act
with the deputy-governor in the temporary approval of laws passed
by the Assembly, the purchasing and laying out of lands, and other
matters,—thus avoiding the necessary and consequent unpleasant delay
attendant upon the transmission of such business details to the
Proprietors in England before putting them in operation. This body was
formed August 1, 1684, and became known as the “Board of Proprietors.”
To this board was intrusted the advancement of a new town to be called
Perth,—in honor of the Earl of Perth, one of the Proprietors,—for the
settlement of which proposals had been issued in 1682, immediately on
their obtaining possession of the Province.
[Illustration]
The advancement of this town was a favorite project, and at the time
of Lawrie’s arrival several houses were already erected, and others
in progress (Samuel Groom having surveyed and laid out the site);
and attention was immediately given to the execution of the plans
of the projectors, based upon the expectation that it would become
the chief town and seaport of the Province. Lawrie was particularly
cautious, in carrying out their views as regarded the seaport, not to
infringe any of the navigation laws respecting the payment of duties,
or otherwise,—going so far as to admit William Dyre, in April,
1685, to the discharge of his duties as collector of the customs in
New Jersey, which naturally led to difficulties. Previously vessels
had been permitted by Lawrie to proceed directly to and from the
Province, and the inhabitants valued the privilege; but Dyre had not
been in execution of his office more than two or three months before
he complained to the commissioners of the customs of the opposition
encountered in enforcing the regulations he had established for
entering at New York the vessels destined to East Jersey, and receiving
there the duties upon their cargoes. This state of affairs continued
for some months; for, although the authorities in England took the
subject into consideration, it was not until April, 1686, that a writ
of _quo warranto_ was issued against the Proprietors,—it being thought
of great prejudice to the country and His Majesty’s interest that such
rights as they claimed should be longer exercised.
James, Duke of York, by the death of Charles II. in May, 1685,
had been raised to the throne of England, and his assumption of
royalty simplified considerably the powers for ignoring all measures
conflicting with his private interests; and although he had thrice as
Duke of York, by different patents and by numerous other documents,
confirmed to others all the rights, powers, and privileges which he
himself had obtained, the increased revenue which was promised him
from the reacquisition of New Jersey could not admit of any hesitancy
in adopting measures to effect it. The Proprietors, however, were
firm in their expostulations, and made many suggestions calculated to
remove the pending difficulties; but all were of no avail except one,
looking to the appointment of a collector of the customs to reside at
Perth,—or Perth Amboy as it began to be called, by the addition of
Amboy, from _ambo_, an Indian appellation for point. The first session
of the Assembly was held there as the seat of government, April 6, 1686.
* * * * *
The establishment of a local government in West Jersey in 1677 has
been noticed. The next step toward rendering it more perfect was
the election, by the Proprietors in England, of Edward Byllynge as
governor of the Province, and the appointment by him of Samuel Jenings
as his deputy. These events took place in 1680 and 1681, and Jenings
arrived in the Province to assume the government in September of the
latter year, the first West Jersey Assembly meeting at Burlington in
November. The representatives seem to have had a full sense of the
responsibilities resting upon them, and at once adopted such measures
as were deemed essential under the altered condition of affairs,
acknowledging the authority of the deputy-governor on condition that
he should accept certain proposals or fundamentals of government
affixed to the laws they enacted. This Jenings did, putting his hand
and seal thereto; as did also Thomas Olive, the Speaker, by order and
in the name of the Assembly.
Burlington was made the chief town of the Province, and the method of
settling and regulating the lands was relegated to the governor and
eight individuals. For greater convenience the Province was divided
into two districts, the courts of each to be held at Burlington and
Salem. The second Assembly met May 2, 1682, and a four days’ session
seems to have been sufficient to establish the affairs of the Province
on a firm basis. Thomas Olive, Robert Stacy, Mahlon Stacy, William
Biddle, Thomas Budd, John Chaffin, James Nevill, Daniel Wills, Mark
Newbie, and Elias Farre being chosen as the council.
Subsequent meetings of the Assembly were held in September, and in May,
1683. At this last some important measures were enacted contributing to
good government. For the despatch of business the governor and council
were authorized to prepare bills for the consideration of the Assembly,
which were to be promulgated twenty days before the meetings of that
body. The governor, council, and assembly were to constitute the
General Assembly, and have definite and decisive action upon all bills
so prepared. As John Fenwicke was one of the representatives to this
Assembly, it is evident that he recognized for his Tenth the general
jurisdiction which had been established. It is understood that Byllynge
at this time had resolved to relieve Jenings from his position, as his
own independent authority was thought to be endangered by Jenings’s
continuance in office.
At this Assembly the question was discussed whether the purchase at
first made was of land only or of land and government combined, and the
conclusion arrived at was that both were purchased; and also that an
instrument should be prepared and sent to London, there to be signed
by Byllynge, confirmatory of this view; and, carrying out a suggestion
of William Penn, Samuel Jenings was by vote of the Assembly elected
governor of the Province,—a proceeding which was satisfactory to the
people, as they desired a continuance of his administration. Thus again
did the representatives of the people assert their claim to entire
freedom from all authority not instituted by themselves.
As Byllynge did not acquiesce as promptly as was desired with the
views of the Assembly, it was determined at a session held in March,
1684, that, for the vindication of the people’s right to government,
Governor Jenings and Thomas Budd (George Hutchinson subsequently acted
with them) should go to England and discuss the matter with Byllynge in
person,—Thomas Olive being appointed deputy-governor until the next
Assembly should meet. This was in the May following, at which time
Olive was elected governor, and his council made to consist of Robert
Stacy, William Biddle, Robert Dusdale, John Gosling, Elias Farre,
Daniel Wills, Richard Guy, Robert Turner, William Emley and Christopher
White.
The mission of Jenings was only partially successful. The differences
between Byllynge and the people were referred to the “judgment and
determination” of George Fox, George Whitehead, and twelve other
prominent Friends; whose award was to the effect that the government
was rightfully in Byllynge, and that they could not find any authority
for a governor chosen by the people. This award was made in October,
1684, but was signed by only eight of the fourteen referees, George
Fox not being one of them. The document subsequently became the cause
of much discussion. As late as 1699 it was printed with the addition
of many severe reflections upon the action of Jenings and his friends,
drawing from him equally harsh animadversions upon those from whom they
emanated. In accordance with this award Byllynge asserted his claims
to the chief authority over the Province, and no important concessions
appear to have been made to the people.
In 1685 Byllynge appointed John Skene to be his deputy-governor; and
on September 25 the Assembly, expressly reserving “their just rights
and privileges,” recognized him as such, Olive continuing to act as
chairman, or speaker, of the Assembly.
Harmony to a great extent prevailed for some time, Skene not attempting
to exercise any authority not generally acknowledged by the people;
but in 1687 Byllynge died, and Dr. Daniel Coxe of London, already a
large proprietor, having purchased the whole of Byllynge’s interest
from his heirs, after consultation with the principal Proprietors in
England, decided to assume the government of the Province himself. But
while he thus assumed, in his own person, rights which the people had
claimed as theirs, he did not refrain from granting to them a liberal
exercise of power, giving assurances that all reasonable expectations
and requests would be complied with, and that the officers who had been
chosen by the people should be continued in their several positions.
It is somewhat more than doubtful if Coxe ever visited the Province at
all, and indeed he probably did not; meanwhile Byllynge’s deputy, John
Skene, acted for him till the death of the latter in December, 1687,
when Coxe appointed Edward Hunloke in his stead.
* * * * *
It was during Lawrie’s administration in East Jersey that the first
steps were taken to settle the boundary line between that Province
and New York. The subject was discussed by him and Governor Dongan
at an early date; and on June 30, 1686, a council was held, composed
of the two deputy-governors and several gentlemen of both New York
and New Jersey, at which the course to be pursued in running the line
was agreed upon. The points on the Hudson and Delaware rivers were
subsequently determined; but nothing further was done for several
years, and nearly a century elapsed before the line was definitely
settled.