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 23
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" Another tenth was by this time taken up and occupied, and Representatives appeared in the Assembly from the fourth tenth. The fourth tenth extended from Timber Creek to Oldman's Creek.
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246 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK.
By the Assembly which convened in May, 1685, the resolution that affairs should be continued upon the same "foot and bottom" as formerly, was somewhat modified, by an extension of the powers of the executive body; it was resolved that the Governor, with the advice of his Council, might, for the present emergency, issue forth such proclamations and precepts for the preservation of the property and privileges of the people, as they might deem necessary, until the General Assembly should make further pro- vision. But the suspense arising out of the "present emergency" was not greatly protracted. The mission of Governor Jenings and his associate to England was only partially successful. A full renunciation of the claims of Byllinge could not be obtained ; a new charter indeed is said to have been given, but no important concessions appear to have been made, and soon afterwards a commission was issued by Byllinge appointing a Deputy Gover- nor. This office was given to John Skene. 24
On the 25th of September, 1685, the General Assembly con- vened. Fifty members were in attendance, ten from the first, second, third, and fourth tenths, each, and the same number from the Salem tenth. Thomas Olive was chosen Chairman or Speaker. The Assembly resolved upon an acknowledgement of the commis- · sion of Byllinge to John Skene as Deputy Governor, yet this was done with a distinct reservation of "their just privileges and rights." The grant of Byllinge proved to be a source of embar- rassment; there was an apparent reluctance to enter upon decisive action in relation to it, and such action was finally avoided by an early adjournment. The House resolved that on account of the "sharpness of the season" and several of the members being at a considerable distance from their habitations, and also as the mat- ters before the House were of great weight, the Assembly would appoint a committee to be charged with the inspection of the new charter, and the bills prepared, who were to make report at the next meeting, when the House might give their "resultment there-
2 Both Smith and Gordon state that William Welsh had been appointed some time before, as Deputy under Byllinge, but that he was rejected by the Assembly. Thomas Olive was thrice elected, and continued to be Governor from May, 1684, until September, 1685, when Skene was received.
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GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 247
of." It was then agreed that the House should elect and appoint such officers as might be necessary to assist the Governor in keeping the peace, and maintaining good government, and then to adjourn to some fit and seasonable time. It was also resolved that the new grant from the Duke of York ("now King,") of soil and government to Edward Byllinge, and also the instrument from Edward Byllinge, and proprietors, should remain in the custody of Thomas Olive and Thomas Gardner until further order. Before the adjournment, officers were appointed for the five divi- sions of the province, and also a Justice and Constable for Cape May ..
What was the "fit and seasonable time" to which the Assembly was adjourned, there is nothing to show, but another meeting did not take place until the latter part of the year 1692. During this interval, various changes occurred in the general condition of affairs in the province. Whilst the regular authorities were sus- pended, a portion of power was exercised in some of the sections by the people themselves, with a view to the promotion of their own convenience and advantage. By legislative enactment, but two jurisdictions or counties had yet been established within the province, but during the recess of the Assembly, another division was made, by the voluntary action and agreement of the inhabi- tants themselves. The settlers within the third and fourth tenths finding themselves subjected to much disadvantage from the trans- action of public business at Burlington and Salem, resolved upon · the establishment of a central jurisdiction, and for this purpose held a convention at Gloucester, in May, 1686.23 In pursuance of their object, an instrument was framed and adopted which con- tains sufficient evidence that the people conceived their political competency, to be ample in extent. They determined the limits of the jurisdiction, the subdivision into townships, the constitution and powers of the courts, the times and places of sitting, with various other particulars .= " The new division was called the
24 Gloucester was one of the earliest settlements in the province, and a town was soon afterwards projected and laid out. It continued for many years to be the county town. See Mickle's Reminiscences, p. 35 and 36.
" The jurisdiction was co-extensive with the limits of the third and fourth
248 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK.
county of Gloucester, and during the suspension of provincial legislation, the authorities of Gloucester continued to exercise a degree of authority, entirely sufficient to meet the exigencies of the time.
In the year 1687, a change took place in the provincial govern- ment in consequence of the death of Edward Byllinge.27 Upon this event, Dr. Daniel Coxe, who was already.largely concerned in West New Jersey as a proprietor, purchased the whole of the interest of the heirs of Byllinge in the province. In this was included both the right to property, and also the doubtful claim to the powers of government.
On the 5th of September, 1687, Coxe directed a communication to the Council of Proprietors in the province, apprizing them of the transfer that had been made, and explaining at length his own expectations and views.28 He directly advanced a claim to the
tenths, reaching from the Pensaukin to Oldman's Creek. Four courts were to be held yearly, alternately at Gloucester and Red Bank.
Woodbury Records, given by Mickle, p. 85.
" Byllinge had been one of the most prominent actors in the affairs of West New Jersey, and in the early period of his engagement had manifested an earnest desire to promote the interests of the province and the happiness of the people. He had been a party to the first concessions, and had thus been in- strumental in erecting a frame work of government of a most liberal character. It is much to be regretted that his subsequent conduct was not such as to con- firm the expectations excited by his earlier course. He may at first have ac- cepted authority from the Duke of York, with an intention to convey it to peo- ple, to whom, according to his own agreement previously made, it properly belonged. His first step may thus be accounted for and partly excused, but his subsequent retention of authority can in no wise be palliated, and is only to be explained upon the supposition, that he was too open to the seductive influences of place and of power.
2 The Council of Proprietors were individuals chosen from the general body. The whole number of proprietors had become so large, and the members were so scattered that the transaction of business had become extremely difficult. To obviate this, it was resolved at a meeting of the proprietors on the 14th of Feb- ruary, 1687, that there should be constituted a Proprietary Council, to consist of eleven Commissioners, to be annually chosen from among themselves. These' Commissioners were fully empowered to act in all such affairs as concerned the general body, and two shillings a day was allowed them as a compensation. In November, 1688, the Council agreed upon a system of rules relating to the
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GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 249
entire direction of affairs in matters of government. He stated, that he had advised with the most eminent counsel, by whom he was instructed, that though the concessions which had been agreed to by Byllinge might have bound him in conscience during his life, yet that the obligation would not survive so as to be binding upon his heirs, and of consequence, was not binding upon Coxe himself. In support of this view it was urged that the original concessions agreed to by Byllinge had been made, previous to his possession of the rights of government. This argument, whether sustained by the opinions of "the most eminent counsel" or not, was sin- gularly defective ; it had no other foundation than mere assump- tion. It assumed that the rights of government were wholly derived from the grant that was made to Byllinge by the Duke of York. But before this grant was made, Byllinge and his coadjutors be- lieved and represented themselves to be possessed of this power, and in their concessions had conveyed it in the fullest manner to the people of the province. If then, this authority was possessed at that time, and was conveyed according to the terms of the con- cessions, the powers of government became vested in the people and remained in them, and could not afterwards be exercised by Byllinge, or be conveyed by him to another party. And if it be supposed that there existed any defect in the powers of the grantors at the time the concessions were made, and Byllinge in conse- quence of subsequent events, came to the possession of further ability, he was bound not only "in conscience," but also in honor and honesty, to make good his former agreement. But in fact, the grant of the Duke of York was no more than an acknowledge- ment of rights and powers which were previously held, and which had been previously enjoyed and exercised, though with great
sales and surveys of land. In this manner the land affairs of West New Jersey continued to be directed for a long period, and indeed the authority is recognized even at the present time. The first Council were Samuel Jenings, Thomas Olive, William Biddle, Elias Farr, Mahlon Stacy, Francis Davenport, Andrew Robeson, William Royden, John Heading, William Cooper and John Wills. It was to this body that the communication of Dr. Coxe was directed. During the recess of the General Assembly, the proprietary body was probably consid- ered as the highest authority in the province.
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250 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK.
impropriety and injustice, a different distribution of these powers was ordered and made. .
Information was also given by Coxe that he had consulted with several of the principal proprietors, and that he had been urged by them to purchase the government and the property, and that he had afterwards proposed, if any way could be shown, that the government should be assigned to the proprietors, or to par- ticular persons, or the people; he desiring no more than that he should be merely secured for what he had actually disbursed. But little difficulty need to have occurred in finding a "way" in which an adjustment of the matter in question might have been . made. If, indeed, Coxe had acquired . a doubtful and disputed right, it might not be found easy to recover the amount of his outlay, in any other manner than by claiming that to be sound and good, which in reality was imperfect and faulty. A full con- firmation of the original grant which had been agreed to by Byl- linge, would have been just as a primary step; if afterwards, the entire amount of disbursement could have been reached, no injury would have been sustained by any; but without this, if interest should be secured, a wrong would be committed. In the commu- nication of Coxe it was further set forth, that as no proposals had been made to him, he should enter upon the government himself, and he distinctly. stated that "as all the gentlemen of the law who have been hitherto consulted, do unanimously agree that the government of the province of West New Jersey, is legally in me as full as Pennsylvania in Mr. Penn, or as East Jersey in the proprietors there, I thereupon assumed the title of Governor, and lay claim to the powers and authority thereunto annexed, and am resolved, by the assistance of Almighty God, to exercise the jurisdiction by his Royal Highness, his last deed or grant un- to me conveyed, with all integrity, faithfulness and diligence." He also declared his full willingness to confirm the civil privileges and rights which had been given in the original concessions of the proprietors, and to cause them to be inviolably observed; but in regard to the forin of government, he remarked that "as the government of England is acknowledged by all intelligent and disinterested persons, to be the best of constitutions, I do hereby declare my full and free approbation of such constitution in your
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province." He declared that he should confer upon the Assembly all powers and privileges consistent with the ends of good govern- ment, the redressing of grievances, and promoting the peace and prosperity of the province. He also desired that information might be given him as to the most proper mode of establishing the Assem- bly, and of appointing the several officers, and gave an assurance that all reasonable expectations and requests should be complied with; and that the officers appointed by Byllinge, or who had been chosen by the people, should be continued in their respective places and employments.
From the above particulars it is entirely manifest that all au- thority in the province, in respect to government, was claimed by Coxe, in virtue of the purchase he had made from the heirs of Byllinge ; nothing was left to the people as rights, though liberal offers were made to them as grants.
But the exercise of the powers of government either by the people or by the new claimant, was suspended for a time by interference from an entirely different quarter. The release which had been made by the Duke of York had served to relieve the province, for a period, from further interruption from that source. But the Duke had now become King, and notwithstanding his former as- surances and grants, he again attempted a resumption of power. As has been noticed in the history of East Jersey, differences had arisen between the people of that province and the officers of the crown, in the enforcement by the latter, of the navigation laws of England. In consequence, a writ of Quo Warrunto had been issued against the province, and after ineffectual resistance, the proprietors of East Jersey had resolved, upon certain conditions, to surrender the government to the King. West New Jersey was not formally involved in the process directed against the ad- joining province; yet it was the design of the King, whether with, or without a formal procedure, to reduce the whole of the country to a state of dependence. In the condition of affairs existing in West New Jersey, the body of proprietors or other inhabitants, had apparently, but little to lose in a surrender of- government upon the terms proposed, all authority being claimed by one individual. This individual, Coxe, was largely interested, himself, in the property of the province, and probably regarded his interest
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in this respect as of too much importance to be hazarded by a tenacious adherence to his claim to the government. A surrender was therefore made in April, 1688, the same time as in East Jersey, and upon the condition, as in the other province, that the rights of property should remain undisturbed.
The whole of New Jersey, with New York and New England, was placed under one government, to be administered by the well known Edmund Andross. Orders were transmitted by Andross, through his Secretary, to John Skene, to receive and take charge on his behalf, of the public records of West Jersey.29 A demand was accordingly made upon the Council of Proprietors for the delivery of the papers and records in their possession. This demand was considered in a meeting of the Council held on the 10th of August, 1688, and it was then resolved "that all records relating to government may be delivered according to the Secre- tary's order, but such as relate to lands, they judge to be the pro- perty of the proprietors, and that they ought to remain with them, and hope that the Governor is already satisfied therewith."30
On the 18th of August Andross himself appeared on the pro- vince; he issued a proclamation ordering that the revenue should still be collected, and also, that the several officers of the province should continue in their places and employments.31 Thus was the province subjected to royal government, which however, as will be seen, was but brief in its duration. The revolution in England soon followed, and the consequences were not long in appearing in the American provinces.
"It is stated by Smith, that Skene died in December, 1687, but from the transaction above mentioned, he appears to have been acting as an officer in 1688.
" Smith's New Jersey, p. 202.
" Whitehead, p. 112.
CHAPTER XIV.
RESUMPTION OF GOVERNMENT IN EAST JERSEY .- RESUMPTION IN WEST . JERSEY .- FINAL SURRENDER.
AT the first rumor that the Prince of Orange had landed in England, a flame burst out in the American colonies. In Boston the people assembled in arms, and those "public robbers," as Andross and those who had acted under him were called, were seized and made prisoners, and Andross himself was soon after- wards stripped of all his authority. The Governor and Magis- trates of the colony, with Representatives from the town, assumed the government until the pleasure of the new King should be known. The new Monarch approved of their proceedings, and directed them to continue the administration of government until the same could be settled in a manner most conducive to his service and the security and satisfaction of the colony.1 Con- necticut obtained the opinion of three of the most eminent lawyers in England, that their involuntary submission to the government of Sir Edmund Andross did not invalidate their charter; and that the same, not being surrendered under the common seal, and such surrender duly enrolled of record, nor any judgment entered against it, the corporation might lawfully execute the powers and privileges thereby granted. Hence this colony as well as Rhode Island, continued their old forms of government under their charters. It is possible that had a course of proceeding like to that pursued in these colonies, been entered upon in East New Jersey, a similar result might at once have been reached. But the situation of affairs was such as to prevent a decisive attempt. There was a lack of unity in action, if not of feeling, in the body of proprietors. arising in part from their local division. It is probable too, that
' Judgment having been actually rendered against Massachusetts, its former charter was not finally restored. Pitkin's History, vol. 1, p. 120.
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254 RESUMPTION OF GOVERNMENT IN EAST JERSEY.
the prevailing influence, so far as it could be gathered, was rather in favor of quiet and peace. Barclay, the Governor, was not of a nature to urge or direct a struggle for political advantages. Beside this, although the late King had but illy deserved their kindness, there yet existed a lingering attachment to him as the original grantor of the province, and some reluctance was felt to make an application to the Prince who had driven him from his do- minions and his throne. But more than all, there was a want of interest and attachment between the proprietary body and the people themselves. The government had not acquired a hold upon the affections of the colonists; many of the inhabitants in- deed were really averse to the existing authorities, and therefore if no direct attempts opposing a restoration of the government were made, nothing was done by the people to promote it. In conse- quence, a kind of negative position was maintained for a time ; the course of events was awaited.
In May, 1689, a summons was received from the Lieutenant of Andross, (who was yet at the head of affairs in New York,) re- quiring the authorities of East Jersey to attend a conference in relation to the state of the government. Hamilton, the Deputy Governor, (who had been continued in office,) with a number of the Justices of the province, complied with the call, but no deci- sive determination was arrived at. Feeling the difficulty of his position, Hamilton resolved upon a voyage to England, in order to consult with the proprietors there, and to agree upon a course which should determine his future proceedings. He departed from the province in August, 1689; he left no deputy, but con- tinued to retain his authority. On his voyage he was taken prisoner by the French and was detained for a time, and upon his arrival in England, his office as Deputy Governor was resigned. On account of these occurrences the province of East Jersey was left for a period without a regularly appointed head to direct the proceedings of government. But the several officers that had formerly been appointed, remained in their places, and continued in the exercise of their duties ; the machinery of government con-
He appears to have been in office so late as May, 1690. Whitehead, p. 129. .
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RESUMPTION OF GOVERNMENT IN EAST JERSEY.
tinued in action although it had become imperfect in form.3 After the resignation of Hamilton and the death of Governor Barclay, (which latter event took place on the 3d of October, 1690,} it be- came necessary that some decisive measures should be taken for the maintenance of order. The entire success of the attempts in other colonies for a full restoration of their former privileges and rights may have strengthened the resolves of the proprietary body; accordingly, they resumed the direction of affairs, and proceeded to re-establish the government of the province. They appointed John Tatham as Governor. But the want of agreement between the proprietors and the people, created an early impediment. Whether the inhabitants preferred a continuance of their former situation to a renewal of the proprietary government, or whether there were solid objections to the present appointment sufficient to warrant opposition, is not easily determined. But Tatham was . not accepted in the province; the people declared that they " scrupled to obey." In the following year Colonel Joseph Dudley · was appointed; he met, however, with the same reception from the people as his immediate predecessor.4 But this difficulty was finally removed. On the 25th of March, 1692, Andrew Hamilton, the former Deputy Governor, who still continued in England, re- ceived from the proprietors the appointment of Governor. During his former residence in the province, the prudence and steadiness he had manifested, had rendered him acceptable to the people, and his present appointment and return, contributed in a great degree, to the firmer establishment of the proprietary government. John Barclay, a brother of the late Governor, who had resided
" Some authors have represented that a complete suspension of all govern- ment took place at this time, the people being in this respect, merely in " a state of nature." But such representations are not strictly just. The suspension of government was never complete, and within the period of partial interruption, both 'Tatham. and Dudley were appointed to office, but were rejected by the people.
Whitehead, p. 130.
"Tatham was appointed nearly at the same time to be Governor of West Jersey, where he tesided, but was there rejected on account of his " Jacobite principles." This was probably the ground or the pretence of his rejection in the other province; whether any such suspicion attached to Dudley does not appear.
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256 RESUMPTION OF GOVERNMENT IN EAST JERSEY.
for some years in the province, was appointed Receiver and Sur- veyor General, and to complete the number of officers, Thomas Gordon was placed in office as Secretary and Register, being the Deputy of William Dockwra, who held the chief place under the proprietors, in England.
Governor Hamilton arrived in the province in September, and his reception was such as to go far towards relieving the colonists from the suspicion of factious opposition to the government, which their previous course might possibly have raised. The Governor entered at once upon the duties of his office, and appointed his Council from among the most prominent men of the province.5
On the 28th of September, 1692, the General Assembly con- · vened. The general interests of the colony were brought into notice, and various acts were passed to meet the circumstances existing at the time. The scruples or questions that might have arisen, on account of the several changes that had occurred in the government of England and of the province, were forestalled, by a general confirmation of previous enactments, excepting only such . laws as had been formerly, or were now expressly repealed.
For a time, an appearance of settlement and quiet was exhibited in the province, but it was soon interrupted by other events. The old subject of dispute relating to the titles of land was again revived. Although this question had been repeatedly and definitely settled by declarative acts of the proprietors, and of the Assembly, it still had not been brought to the notice of the courts, and no judicial opinion had yet been given. But in 1695 the matter was formally determined in the courts of the province, and a judgment was given adverse to the party claiming by the Indian right. But the decision failed to produce the effect that might have been hoped, and that might been expected. An appeal was taken to the King in Council, and there, upon the ground of some informality in the previous proceeding, the decision of the provincial court was an- nulled; and thus this fruitful source of dissension was opened afresh. Increased unsettlement was the consequence.
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