A dispute now arose between the proprietors regarding the territorial rights, but it was settled by the arbitration of Penn, whose name now first appears in connection with American history, and in 1675 George Carteret allowed the province to be divided into two parts, called East and West Jersey, the former being retained by Carteret and the latter being assigned to Penn and his partners.* Various provisions were made for granting laws, and a constitution for the colony was drawn up.† Soon afterward colonists were sent over and Burlington was founded, at which time there were three separate governments in existence in the State the eastern colony under Carteret, with its capital at Elizabeth Town, Fenwick's colony at Salem, and Penn's settlement at Burlington. Andros now asserted the rights of the Duke of York to rule the territory, on the ground that the Duke of York's grant to Carteret carried with it no political rights, and for a time Fenwick's colony at Salem was annexed to the Delaware colony at Newcastle. Andros now put forth a new claim, which, if valid, would have struck a heavy blow at the Jersey colonies. He claimed that while the Duke of York had abandoned all political rights in his assignment to Carteret, he did not give up his fiscal *N. J. Archives, vol. i., p. 205; Dixon, William Penn, Founder of Pennsylvania, pp. 137-139. See the resumé of its provisions in Doyle, Middle Colonies, pp. 302-304. rights, and Andros thereupon issued an order that all imports into Penn's colony (as they came through the Delaware River, over which Andros claimed jurisdiction) should pay the same duties as though these imports had been landed at New York.* Even the Quakers were aroused to remonstration by these high-handed measures. Penn drew up a document which, though mild in tone, was firm in asserting constitutional rights.t The dispute was then referred to the decision of Sir William Jones, at that time one of the most eminent lawyers in England. As his opinion‡ was unfavorable to the Duke of York, the latter resigned all claim to East and West Jersey, which, being left free to develop its resources, gradually increased and gave promise of its future rank in the colonial family. The province of East Jersey had now become quite prosperous, its fisheries grew in value, its farm products, stock-raising, manufactures, tobacco-growing and commerce were continually on the increase, and large quantities of tallow, lard, tobacco, hides, beef and pork were shipped, not only to England and up and down the coast but also to Barbadoes and * Doyle, Middle Colonies, pp. 305-307. For a resumé of the arguments see Doyle, pp. 307-309. See N. Y. Col. Docs., vol. iii., p. 284. Fiske, Dutch and Quaker Colonies, vol. ii., pp. 139-147; Dixon, William Penn, p. 174. See also the resumé of the controversy over the territory in Osgood, American Colonies, vol. ii., pp. 191-199; Bancroft, vol. i., p. 546 et seq. DISPUTE BETWEEN CARTERET AND ANDROS. 313 however, Andros went to Jersey and read aloud the Duke of York's title to the whole province, then returning to New York. In May Carteret was seized by a party from New York and carried a prisoner to that place, where after a confinement of five weeks, he was placed on trial for having exercised illegal authority.* The jury acquitted him in spite of the threats from Andros, but they commanded him not to again assume authority in Jersey,† though how they reconciled the verdict with their last command is hard to see, for if his authority was illegal he should have been convicted. St. Christopher. This condition of affairs induced the proprietor to open the ports to free trade as a reward, but this action was quite obnoxious to Andros who, after the death of George Carteret on January 14, 1679, began to adopt measures calculated to put a stop to trade through Jersey ports. Elizabeth Town had now become a dangerous rival to New York as a port of entry, and Andros thought the easiest way in which to control its commerce was to gain control over its political life. In the spring of 1680, therefore, he for- . bade Philip Carteret to exercise jurisdiction over the king's subjects in the province, on the ground that it would conflict with the Duke of York's authority. He also claimed the right to establish a fort on the Jersey Coast and to erect beacons, pleading that these works would benefit the king's subjects.† Carteret answered Andros temperately offering to refer the dispute to the king, but declaring that in the meantime he would forcibly resist any encroachments on his authority by Andros. Andros continued to treat Jersey as a dependency of New York, and Carteret took measures to protect himself. He appointed a deputy to succeed him, and organized a body guard of 150 armed men.§ In April, nal, pp. 277, 345-351; Fiske, Dutch and Quaker * Lamb, City of New York, vol. i., p. 291. N. J. Archives, vol. i., p. 292. Ibid, p. 294. || Ibid, p. 295. § Ibid, p. 314. Meanwhile Penn and his followers had been exerting their utmost endeavors to have the tangled affairs of the grants straightened out, and succeeded in obtaining a grant to Sir George Carteret (grandson of the original proprietor) which bestowed on him full political and territorial rights. Philip Carteret was now re-established in authority, and in March, 1681, proclaimed the cessation of all authority on the part of New York. The heirs of the original proprietor, however, considered the * Hildreth, vol. ii., pp. 59-60; Leaming and Spicer, Grants and Concessions, pp. 112-117, 674684; Whitehead, East Jersey, pp. 71-74; Newark Town Records, p. 78; Dankers and Sluyter, Jour Colonies, vol. ii., pp. 91-98; Smith, History of Lamb, City of New York, vol. i., p. 292. || Ibid, p. 346. province a burdensome property and in 1682 disposed of it* to twelve Quakers of whom Penn was the chief. In 1683, the new proprietors having increased their company by the addition of twelve members, the Duke of York granted them all his rights to the province, in consideration of a cash payment and a small quit-rent.† Robert Barclay was appointed governor, but sent Thomas Rudyard, a London attorney, to Jersey as his deputy, the latter, however, being soon succeeded by Gawain Lawrie, one of the original purchasers.|| Rudyard had called an assembly immediately upon his arrival in Jersey which enacted several important measures for the government of the colony, but Lawrie brought over with him an entirely new constitution which completely changed the complexion of the government,¶ and to which the colonies did not agree very kindly. In fact they even proposed * According to Whitehead by auction - East Jersey, p. 103. The deed is in N. J. Archives, vol. i., p. 366. Doyle, Middle Colonies, pp. 318-320. See also N. J. Archives, vol. i., p. 383; Thorpe, Federal and State Constitutions, vol. v., pp. 25672574; Leaming and Spicer, Grants and Concessions of New Jersey, pp. 141-152. His commission is in N. J. Archives, vol. i., p. 378. || Doyle, Middle Colonies, p. 321. Lawrie's instructions are in N. J. Archives, vol. i., pp. 426434. For the proceedings see Leaming and Spicer, Grants and Concessions, pp. 229–253. A resumé is given in Doyle, Middle Colonies, p. 320. ¶ See N. J. Archives, vol. i., pp. 395-410; Doyle, p. 321 et seq.; Thorpe, Federal and State Constitutions, vol. v., pp. 2574-2582; Leaming and Spicer, Grants and Concessions, pp. 153-166. to set up a rival government, on the ground that the new constitution applied only to settlers who came after the late purchase of the province. Lawrie therefore did not make any serious attempt at this time to enforce the new constitution, but allowed matters to drift.* The proprietors now made strenuous attempts to erect a great seaport town, which finally resulted in the founding of Perth Amboy. Colonizers were encouraged and during the following two years a large number of Scotch Presbyterians, to escape persecution at home, came into East Jersey.t New York once again began to fear for its commercial supremacy, and in 1684 Governor Dongan of New York sent home a memorial urging that New Jersey be annexed to New York, to prevent the ruin of the latter, to which the Jersey proprietors made an angry reply. A dispute also arose at the same time regarding rights of jurisdiction over Staten Island, which was, however, settled by the firm attitude of Dongan in favor of New York.§ In 1681 Penn had received his grant to Pennsylvania, and Fenwick was left only the choice of annexing his little colony at Salem to New See also Appendix II. at the end of the present chapter. *Doyle, pp. 323-324. Ibid, p. 326 et seq. N. Y. Col. Docs., vol. iii., pp. 358-359. || Ibid, p. 348. § For details see Doyle, Middle Colonies, pp. 329-331. YORK'S RELEASE OF JERSEY. Jersey or to Pennsylvania. He chose the latter, and in 1682 transferred his territorial rights to Penn and his followers, who now had jurisdiction over the whole of New Jersey. But James II. desired to consolidate the various colonies under one governor, and the proprietors made a full sur 315 render of authority.* In March, 1688, Andros was commissioned governort and asserted his authority at Elizabeth Town and Burlington in the following August, being favorably received and continuing to exercise jurisdiction until the downfall of James II. I. THE DUKE OF YORK'S RELEASE TO JOHN LORD BERKELEY, AND SIR GEORGE CARTERET, 24TH OF JUNE, THIS INDENTURE made the four and twentieth day of June, in the sixteenth year of the reign of our sovereign Lord, Charles the Second, by the grace of God of England, Scotland, France and Ireland, King Defender of the Faith, &c., annoq., Domini, 1664. Between His Royal Highness, James Duke of York, and Albany, Earl of Ulster, Lord High Admiral of England, and Ireland, Constable of Dover Castle, Lord Warden of the Cinque ports, and Governor of Portsmouth, of the one part: John Lord Berkeley, Baron of Stratton, and one of His Majesty's most Honourable Privy Council, and Sir, George Carteret of Saltrum, in the County of Devon, Knight and one of His Majesty's most Honourable Privy Council of the other part: Whereas his said Majesty King Charles the Second, by his Letters Patents under the Great Seal of England, bearing date on or about the twelfth day of March, in the sixteenth year of his said Majesty's reign, did for the consideration therein mentioned, give and grant unto his said Royal Highness James, Duke of York, his heirs and assigns, all that part of the main land of New England, beginning at a certain place called or known by the name of St. Croix next adjoining to New Scotland in America; and from thence extending along the sea coast unto a certain place called Pemaquie or Pemaquid, and so by the river thereof to the furthest head of the same as it tendeth northward; and extending from thence to the river of Kenebeque, and so upwards by the shortest course to the river Canady northwards; and also all that island or islands commonly called by the several name or names of Matowacks or Long Island, situate and * See the deed in N. J. Archives, vol. i., p. 370. 1664. being towards the west of Cape Codd and the Narrow Higansetts, abutting upon the main land between the two rivers there, called or known by the several names of Connecticut, and Hudson's river; together also with the said river called Hudson's river, and all the land from the west side of the Connecticut river to the east side of the Delaware Bay: and also several other islands and lands in said Letters Patents mentioned, together with the rivers, harbours, mines, minerals, quarries, woods, marshes, waters, lakes, fishing, hawkings, huntings, and fowling, and all other royalties, profits, commodities and hereditaments to the said several islands lands and premises belonging and appertaining, to have and to hold the said lands, islands, hereditaments and premises, with their and every of their appurtenances, unto his said Royal Hiness James Duke of York, his heirs and assigns for ever; to be holden of his said Majesty, his heirs and successors, as of the manner of East Greenwich, in the County of Kent, in free and common soccage, yielding and rendering unto his said Majesty his heirs and successors of and for the same, yearly and every year, forty beaver skins, when they shall be demanded, or within ninety days after; with divers other grants, clauses, provisos, and agreements, in the said recited Letters Patents contain'd, as by the said Letters Patents, relation being thereunto had, it doth and may more plainly and at large appear. Now this Indenture witnesseth, that his said Royal Highness James Duke of York, for and *N. J. Archives, vol. ii., p. 26. The commission is in N. Y. Col. Docs., vol. iii., pp. 537-542. See his letter in N. Y. Col. Docs., vol. iii., p. 554. in consideration of a competent sum of good and lawful money of England to his said Royal Highness James Duke of York in hand paid by the said John Lord Berkley and Sir George Carteret, before the sealing and delivery of these presents, the receipt whereof the said James Duke of York, doth hereby acknowledge, and thereof doth acquit and discharge the said John Lord Berkley and Sir George Carteret forever by these presents hath granted, bargained, sold, released and confirmed, and by these presents doth grant, bargain, sell, release and confirm unto the said John Lord Berkley and Sir George Carteret, their heirs and assigns for ever, all that tract of land adjacent to New England, and lying and being to the westward of Long Island, and Manhitas 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 extendeth southward to the main ocean as far as Cape May at the mouth of the Delaware bay; and to the northward as far as the northermost 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 strait line to Hudson's river in fortyone degrees of latitude; which said tract of land is hereafter to be called by the name or names of New Caeserea or New Jersey: and also all rivers, mines, mineralls, woods, fishings, hawking, hunting, and fowling, and all other royalties, profits, commodities, and hereditaments whatever, to the said lands and premises belonging or in any wise appertaining; with their and every of their appurtenances, in as full and ample manner as the same is granted to the said Duke of York by the before-recited Letters Patents; and all the estate, title, interest, benefit advantage, claim and demand of the said James Duke of York, of in or to the said and premises, or any part or parcel thereof, and the reversion and reversions, remainder and remainders thereof: All of which said tract of land and premises were by indenture, bearing date the day before the date hereof, bargain'd and sold by the said James Duke of York, unto the said John Lord Berkeley and Sir George Carteret, for the Sir term of one whole year to commence from the first day of May last past, before the date thereof, under the rent of a peper corn, payable as therein is mentioned as by the said deed more plainly may appear: by force and virtue of which said indenture of bargain and sale, and of the statute for transferring of uses into possession, the said John Lord Berkley and Sir George Carteret, are in actual possession of the said tract of land and premises, and enabled to take a grant and release thereof, the said lease being made to that end and purpose, to have and to hold all and singular the said tract of land and premises; with their, and every of their appurtenances, and every part and parcel thereof, unto the said John Lord Berkeley and Sir George Carteret, their heirs and assigns for ever, to the only use and behoof of the said John Lord Berkeley and George Carteret their heirs and assigns for ever; yielding and rendering therefore unto the said James Duke of York, his heirs and assigns, for the said tract of land and premises, yearly and every year the sum of twenty nobles of lawful money of England, if the same shall be lawfully demanded at or in the Inner Temple Hall, London, at the Feast of St. Michael the Arch Angel yearly. And the said John Lord Berkeley and Sir George Carteret for themselves and their heirs, covenant and grant to and with the said James Duke of York, his heirs and assigns by these presents, that they the said John Lord Berkeley and Sir George Carteret, their heirs and assigns, shall and will well and truly pay or cause to be paid unto the said James Duke of York, his heirs and assigns, the said yearly rent of twenty nobles at such time and place, and in such manner and form as before in these presents is expressed and delivered. In witness whereof the parties aforesaid to these presents have interchangeably set their hands and seals, the day and year first above written. JAMES. Sign'd, seal'd and deliver'd in the presence of II. THE FUNDAMENTAL CONSTITUTIONS FOR THE PROVINCE OF EAST NEW JERSEY IN AMERICA, ANNO DOMINI 1683. Since the right of government, as well as soil, is in the four and twenty Proprietors, and that the same is confirmed to them a new by a late patent from James Duke of York, pursuant to patent granted to him from the King; the Proprietors for the well ordering and governing of the said Province, acording to the powers conveyed to them, do grant and declare, that the government thereof shall be as followeth, viz. I. That, altho' the four and twenty Proprietors have formerly made choice of Robert Barclay, Esq; for Governor, during his natural life, and |