USA > New Jersey > A civil and political history of New Jersey: embracing a compendious history of the state, from its early discover and settlement by Europeans, brought down to the present time > Part 18
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CHAPTER XII.
GOVERNMENT IN EAST NEW JERSEY- RELEASE OF THE DUKE OF YORK-GOVERNMENT AFTER THE RELEASE-SALE OF THE PRO- VINCE-GOVERNMENT UNDER THE NEW PROPRIETORS.
IT has already been stated that on the Ist of July, 1676, the province of New Jersey was divided into two portions, to be called respectively, East and West New Jersey.
At that time, as before noticed, Governor Carteret had returned and had entered upon the discharge of his duties, and a General Assembly having been convened, a number of enactments had been made suited to the conditions of affairs at the time.
Early in 1676, the General Assembly again met, and several acts, but most of them having a relation to individual interests, were passed. One enactment was designed to secure the atten- dance of those who had been elected as Deputies, it being set forth "that the country is damnified that the Deputies have not attended the writs whereby they were summoned to appear, at the time and place appointed." It was therefore provided that whosoever should not appear, should pay as a fine, ten shillings for each day of his absence; and to facilitate the attendance of the Deputies, it was directed, that they should have power to press "any vessel, horses or men" in aid of their passage. An enactment was made providing for the Governor's salary, directing that an assessment should be made of two shillings per head for every male within the province from fourteen years old and upwards. At an ad- journed session which was held at Woodbridge, the compensation for the members of Assembly was determined; during the time of their assembling together, sitting, and returning home, the Gover- nor was to receive four shillings a day, each member of the Council three shillings, and the Representatives also three shill- ings each.
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Government in East Jersey seemed now to be established, the heats and discontents that had formerly prevailed, if not entirely removed were not openly manifested. But at an early period a - difficulty arose from another quarter.
The arrival of Edmund Andross as Governor under the Duke of York, together with the nature and extent of his commission, have already been noticed. The interference of Andross in East Jersey was carried even further than in the western portion of the province, and was attended with circumstances of no less aggrava- tion.
Early attempts were made for the collection of those customs which his Royal Highness had thought proper to establish throughout his territory, and William Dyre, the collector of the Duke's revenues in New York, was appointed to collect the cus- toms in New Jersey. These attempts were made in the directest manner. In West Jersey the collection had been actually made .within the limits of territory that was clearly and exclusively within the jurisdiction of Andross, but a further advance was made in the other part of the province.1 The province was en- tered upon and the regulations that were established by its proper authorities, were opposed or disregarded.
Governor Carteret being desirous to awaken a spirit of com- mercial enterprise, had adopted measures for opening a port with- in his province, and some vessels had been entered and cleared at Elizabethtown. But this proceeding was opposed by Andross; he insisted that it was in direct opposition to the powers that had been given to him, and to the rights and interests of the Duke of York, and his superior authority enabled him to carry out his designs, and to frustrate the efforts that were made in the neigh- boring province. In these pretensions and measures Andross was fully supported by the Duke, his master. Express authority was given by the latter, approving and confirming the acts of his subordinate. 'The Duke was desirous to avoid a direct collision with Sir George Carteret, the proprietor of the province, (whom
' On the Delaware the collections had been made at Hoar-Kill, or at New Castle, though all vessels entering the river were compelled to submit to the demand.
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he held in especial favor) but still was in no wise disposed to re- linquish his claims.2
The growing hostility between Carteret and Andross was al- layed for a time, by the departure of the latter for England. It is stated, that before he embarked from New York "he went to take leave of Governor Carteret in the Jerseys," a visit which it is hardly to be supposed was entirely prompted by a feeling of amity; a desire to inform himself of the state of affairs in the pro- vince by personal remark, was probably considered an object of more importance by him, than an observance of the forms of courtesy.3
Instructions were given to Andross, in England, by which the period for the demand of customs was limited; it was only. to continue for three years more. But as the exaction had never been submitted to, even in New York, but with the greatest reluc- tance, the present concession gave little satisfaction, and the con- tinuanee of the demand in New Jersey, was productive of much irritation.
In 1679, Governor Carteret issued a proclamation declaring Amboy to be a free port to all vessels trading to East Jersey, and in consequence of this permission, a trader from Barbadoes en-
? In a despatch from Sir John Werden, the Duke's Secretary, to Governor Andross, dated August 31st, 1676, the following appears :- "I add thus much further in relation to Sir George Carteret's colony of New Jersey, it is that I have acquainted his Royal Highness with what Mr. Dyre wrote to me about his little bickerings with Captain Carteret for not letting a present pass, &c.
. And though small matters arc hardly worth notice, especially where Sir George Carteret himself is concerned, (for whom the Duke hath much esteem and re- gard,) I do not find that the Duke is at all inclined to let go any part of his prerogative which you and your predecessors have all along constantly asserted . on his behalf; and so, though at present in regard to Sir George Carteret we soften things all we may, not to disturb his choler (for in truth the passion of his inferior officers so far affects him as to put him on demands which he hath no color or right to.) I verily believe that should his foot chance to slip, those who succeed him must be content with less civility than we choose to show him on this point, since that we should exercise that just authority, his Royal Highness hath without such reserves, as though but intended as favors now may if confirmed, redound too much to the prejudice of your colony."
' Whitehead's New Jersey. p. 70.
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tered his vessel soon afterwards, at that place. But information of the fact being given to Andross, he despatched his messengers with orders to take possession of the vessel and bring her to New York, which being done, he compelled the master to pay duties at that place. Not long subsequent to this proceeding, and pro- bably in consequence thereof, the Assembly of East Jersey en- acted a law that the sum of one hundred and fifty pounds should be raised for the encouragement of any vessel to come into the province to trade and traffic, and that if any vessel should come, and after entering and clearing in a proper manner, should be arrested and detained by the Government of New York, for the cause of trading in New Jersey, that the above mentioned sum should be used for the reparation of the loss and injury sustained by such arrest and detention.4 This measure, though it might tend to the encouragement of trade, was little caleulated to secure the province from the injurious demands and acts of the neighbor- ing government, and on this account, as may be supposed, the law itself was soon afterwards repealed. But in fact, the demands of Governor Andross had now become such, that nothing could be expected from any expedients of a temporary kind; the very existence of the government was threatened.
In March, 1679, Andross directed a communication to Gover- nor Carteret declaring that the acts of the latter being performed without legal authority, tended to the disturbance of his Majesty's subjects, and that he was therefore required to cease from the exercise of any authority, until his powers should be properly acknowledged at New York.5 Such a communication rendered it necessary that some vigorous measures should at once be taken. Governor Carteret called a meeting of his Council, and also " of the most eminent part of the country," and after full consultation, re- plied to the demand that had been made. IIe asserted that his authority in the province was not founded upon any presumption or pretence, but upon a grant from his Royal Highness, and the commands of his Majesty, as well as long and peaceable posses- sion, and that he, and his Council and the people felt bound to the government of Sir George Carteret, and were resolved to
. Grants and Concessions, p. 131.
' Grants and Concessions, p. 673.
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maintain it, and that if force should be resorted to, they would defend themselves and their families to the best of their ability, and if blood should be shed, it would be contrary to their desires, and a just and righteous God would require it at the hands of those who were the cause thereof. But before this reply was received by Andross, he had issued a proclamation intended to dissolve the Government of Carteret ; he required that all persons should sub- mit to him as the representative of the King's authority, and re- presented the proprietary claims to power as entitled to no attention whatever, and all persons were warned from abetting, assisting or observing the same.6 In return, Governor Carteret asserted and proclaimed that his authority had been established in pursuance of his Majesty's permission and command, and that without the same command, it should not be resigned, and that the people of the province were resolved to live and die with the name of true subjects, and not traitors.
Nearly at this period Sir George Carteret, the proprietor of East New Jersey, died, and by his will his province was devised to trustees to be sold for the benefit of his creditors. His widow Lady Elizabeth Carteret, was left executrix of his estate, and guardian to his grand-son, and heir. Edward Earl of Sandwich, John Earl of Bath, Hon. Bernard Granville, Sir Thomas Crew, Sir Robert Atkins and Edward Atkins, Esq., were the trustees. But the death of the proprietor was followed by no immediate change in the state or management of affairs in the province.
Before proceeding to further extremities, Governor Andross resolved upon visiting East Jersey in person, to make a full ex- planation of his rights and powers, and to demand a surrender of the government. Information of this design was given to Carteret, and he, expecting a hostile, rather than a peaceful visit, was pre- pared for such an emergency; but upon finding that Andross was not attended by any "offensive forces," he was received with proper civility.7 Andross entered at once upon the business in hand; he produced and displayed the letters patent from the King, the grant to the Duke of York, and the commission of the latter to himself. A similar display of authority was made by Carteret.
' Grants and Concessions, p. 675.
" Grants and Concessions, p. 677.
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Nothing could be gained by an exhibition of claims that were already perfectly known, and when each of the parties was fully resolved, and accordingly this attempt to decide the matter "rather by argument than arms," was found entirely to fail. Andross left the province, having been courteously entertained and dismis- sed by Carteret. But proceedings of a different character were soon to follow.
On the 30th of April, 1680, Andross despatched an armed force with orders to enter the province, to seize upon Carteret and carry him to New York, and the order was executed with circumstances of much aggravation. . The same outrage that had been twice committed in West Jersey in the case of Fenwick, was thus re- peated in East Jersey upon the person of Carteret. The Gover- nor was detained at New York as a prisoner, until the 27th of May, when a court was convened for his trial. He was charged with having "riotously and routesly," with force and arms, en- deavored to maintain and exercise jurisdiction and government over his Majesty's subjects, within the bounds of his Majesty's letters patent granted to his Royal Highness. Carteret at first protested against the authority of the court, and demanded his liberty, on parole, to appear when the King should command it who he declared "was the proper decider of this matter;" but afterwards the protest was withdrawn and the defence of the accused was made upon the merits of the case. Carteret ac- knowledged that he had exercised government, and that he had refused to resign it, but he asserted that he had been placed in the government of New Jersey, having been commissioned as Governor thereof, by power derived from his Majesty, and that his Majesty had also given his command to the people, to be obedient to the government established by Sir George Carteret, and that he did not dare to deliver it up without a special com- mand from the King. He also submitted documentary evidence to substantiate his declarations. The defence was considered suf- ficient, and a verdict of acquittal was rendered. But, although An- dross had caused a court to be convened and a jury empanneled. he was resolved that his own decision should be given. He refused to receive the verdict, and ordered the jury again to retire; once and again was this repeated, the jury remaining firm, and the
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. Governor being resolved to reduce them to submission. Finally the verdict was allowed to stand, but the court declared their opinion and gave judgement, that if Carteret should go again to New Jersey, he should give security or an "engagement" not to assume any authority or jurisdiction there, either military or civil. This, in effect, was an imposition of punishment, though, according to the verdict of the jury, no offence whatever had been committed.
. Governor Carteret having thus been removed, an attempt was made by Andross to obtain possession of the reins of authority. He appeared at the General Assembly which convened on the 2d of June, 1680. He acquainted the Assembly that they were met for the "service of the King and the country," and informed them that with a view to a proper exercise of their duties, he had brought the King's letters patents under the great seal of England to his Royal Highness the Duke of York, and also the Duke's commission to himself, and these he intimated were the ground of authority upon which they were in future to act. He recom- mended that an act confirming all former judicial proceedings should be passed, and also offered for their acceptance a body of laws that had proceeded from the Assembly of New York, adding, that if "any small matters were wanting," they might afterwards be supplied.
The Assembly replied with boldness though with " due respects to his Majesty's letters patents.". They stated that as the represen- tatives of the frecholders of the province, they did not dare to grant his Majesty's letters patents though under the great seal of England, to be their rule, for that the great charter of England was the only rule, privilege, and safety of every free born English- man. They said that what they had formerly done had been in obedience to the authority then established, that things done ac- cording to law needed no confirmation, and they had no power to tie any man's hands from obtaining his just privileges and rights.8
· By " a confirmation of former judicial proceedings," Andross seems to have had particularly in view an approval by the Assembly of the province, of the action of the court in the case of Carteret, and with an understanding of the design, the Assembly refused to do any thing which should impede the endea- vours of Carteret to recover his authority.
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. They also mentioned that they supposed their own laws to be most fitting and suitable for the province. They also, in apprehension that an attempt might be made to abolish the legislative authority, made a declaration that the people of the province were entitled to the enjoyment of all the rights allowed to them in the conces- sions, among which was that of electing Deputies to an Assembly of their own, where such laws might be enacted as should be thought necessary. They also made an enactment con- firming the laws passed at a previous session of the Assembly, and this confirmation, together with the law book of the province, was presented to Andross and his Council.9 The firmness of the Assembly completely defeated the designs of Andross.
During this period Governor Carteret had made application to Lady Elizabeth Carteret, the executrix of Sir George, and to the other individuals concerned, in order that he might be reinstated in his rights and powers.
In September, 1680, a communication was received from Lady Elizabeth, containing an absolute command not to take notice of any commissions, warrants or orders from Sir Edmund Andross. She also directed, that an account of the charges and damages sustained by the province in consequence of the usurpation of Andross, should be drawn up, for that his Royal Highness the Duke of York, upon being informed of the acts of his deputy, had denied that he ever had authority from him to perform such acts, 10 on the contrary, that his Royal Highness would not derogate in the least from what he had formerly granted to Sir George Carteret. Lady Elizabeth also engaged that the authorities of the province should be continued and sustained, and warned all persons from obeying or abetting in any proceedings ordered by Andross or by officers of his appointment. On the part of Andross further pro- ceedings were arrested by a communication from the Duke, the nature of which will presently appear.
It has been seen that the proprietors and people of West New Jersey had made a successful defence against the claims of the
" Grants and Concessions, p. 683.
1º Such a declaration from the Duke was in direct contradiction to others he had made, but his course in relation to New Jersey was full of inconsistencies.
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Duke in that province, and that a deed was executed by which all the rights and powers of his Royal Highness were surrendered to others. The situation of East New Jersey in reference to the claims of the Duke was entirely the same as in the other part of the province, and hence a grant of one was necessarily followed by a similar release of the other. Accordingly on the 6th of September, 1680, the Duke gave an order to Sir John Churchill, his Attorney General, and Sir George Jeffrys, his Solicitor Gene- ral, directing them to prepare an instrument similar to that which had been executed to Edward Byllinge and others, in order that he might release and confirm the moiety of New Jersey, called East New Jersey, unto Sir George Carteret, the heir of Sir George Carteret (lately deceased.)11 The fact that this release had been made, was communicated to Governor Andross by Sir John Wer- den, the Duke's Secretary, in a letter bearing date the 6th of November, 1680.
Governor Andross himself was now placed in a situation of difficulty. . His proceedings in New Jersey had been disavowed by the Duke, and his course, not only in this province, but also in New York, had been such as to occasion much dissatisfaction. Some distrust too, seems to have been excited in the mind of the Duke as to the faithfulness or discretion of his deputy, for at this time John Lewen had been sent out as a commissioner to examine into the condition of the province, and to ascertain the amount of revenue. In obedience to a command or intimation from the Duke, Andross soon afterwards returned to England and there an investigation concerning his conduct was entered upon. But the subtle deputy succeeded in removing all suspicion, and was pre- sently restored to his master's confidence. He did not return to his former situation, but at a subsequent period was advanced to a post of far higher importance.
Andross had left as his representative in New York, Anthony Brockholst, the President of the Council, and this officer seems to have partaken in a large degree of the spirit of his principal. To him Governor Carteret, who had now resumed his place and
" Whitehead, note, p. 192.
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authority, directed some of the papers he had received in relation to the recent changes in the state of affairs.
On the 26th of July, 1681, Brockholst addressed a communica- tion to Carteret, in reply, in which he acknowledged the receipt of the papers. But he observed at the time, that he did not find in them any thing to authorize the assumption of authority in New Jersey, and he required that Carteret should desist from acting in any public capacity until he should show a proper war- rant, according to the orders and resolves of the court at New York, and according to his own parole. Such a demand subse- quent to the full release of the province, and the consequent ac- knowledgement of Carteret's authority, was truly extraordinary. Carteret replied that he had sufficient power to act as Governor of East New Jersey, and that he was under no more obligation to account to the authorities of New York, than they were to exhibit a warrant to him.
Soon afterwards the General Assembly of East New Jersey was convened, and amongst other measures for the settlement of the province, it was unanimously voted, that the proceedings of Sir Edmund Andross and his abettors against the government, were altogether illegal. This was the last act in this protracted contest. The whole of New Jersey was released from the Duke of York, and all the claims that had been urged by him, or on his behalf, were entirely abandoned for the time, though, as will be .seen, they were afterwards renewed in a different form.
It is not easy, even with the most careful review, entirely to understand or explain the course of the Duke. It might be sup- posed that he really conceived that a claim had been retained, by virtue of which he might exercise authority within the limits of the province. But the question of right in the case, is contained in so narrow a compass, and is so plain and open to view, that it seems scarcely possible that any individual of common capacity in judging, should have failed to discern it.
The Duke had received and held his American possessions as a Proprietary Lord or Governor. He held authority in connexion with property. The possession of territory was made the basis of power. In after transactions it is true, the two might be sepa- rated, yet without a special stipulation to the contrary, the ac-
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qusition of the property, which was the basis, would carry with it the possession of every incidental advantage. The Proprietary Lord might make reservations or conditions in his own favor, but without this, jurisdiction would be conveyed at the same time as property. That property might be made the basis of political power, was indeed a vicious and dangerous principle, yet it had long been acknowledged and acted upon in England, and its propriety had not been brought into question. The Duke of York then, as Proprietary Lord, executed a conveyance to Berkely and Carteret, and in this act, there was no reservation; on the contrary, it was expressly said that the possession was conveyed in as full and ample a manner as the Duke himself had received it. It cannot be disputed that one of the inci- dents of this possession was the exercise of power, and the grantees of the Duke being put precisely in his situation, they of consequence, became rulers, as well as proprietors. They, indeed, were inferior rulers, they owed and owned allegiance to the King, as the grantor himself had owed and owned it, but no allegiance other than this, was due; they owed none whatever to the Duke of York, because he had parted already with his rights and powers. The decision of Sir William Jones was in confirma- tion of these views. The claims of the Duke of York were denied, because he had made "no reservation of any profit, or so much as jurisdiction." And beside the theory of the case, there was also important practical evidence. The grantees of the Duke had established a government in the province with the full knowledge of the grantor; and he, so far from making any objection, had actually given instructions that the proprietors should be assisted in their endeavours "for the settlement and the maintenance of quiet in these parts." Nor could any advantage be claimed by the Duke on account of the change that was supposed to have occurred in consequence of the occupation of the Dutch. A second confirmation from the King had been made to Carteret, even before that to the Duke, and this confirmation could not be annulled by the commission which was afterwards given by the Duke to Andross. And besides this, in the proclamation of An- dross himself, all former grants, privileges or concessions, and
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