maintainance of order, and it may be, that at some points the boundary of government was so far extended, or lowered, as almost to jeopardize its safety. But the situation of the framers at the time rendered them more alive to the evils of oppression, than to the dangers of disorder. The great division of the executive power has been made a ground of objection; it has been imagined that a body composed of so large a number of members, and holding office for so short a period, would be incapable of harmonious and vigorous action. 15 In a general view, such an opinion may be perfectly just. But it may yet be considered that in this particular case, the duties assigned to the executive body were not such as were calculated to create disunion, or to call for much promptitude or energy in action.

In the constitution of the legislative authority, the popular principle was carried to as great an extent as was possible under a government of the representative form. Perhaps it was carried to a greater extent than, under ordinary circumstances, would be considered necessary, or even advisable, but the experience of the projectors had impressed upon them the importance of making the fullest provision against an excess or abuse of power.

The provisions in relation to the judicial department were probably most liable to question; the term allowed for a continuance in office was scarcely sufficient to admit of a perfect acquaintance with the duties to be performed; with inexperienced judges, with juries authorized to determine the law as well as the facts, and without a permanent bar, the administration of justice could hardly be steadily and firmly conducted.

But notwithstanding the imperfections which it certainly contained, this instrument of government was in advance of any existing at the time; and in fact, in many particulars, was equal to any that has ever been framed. If somewhat lacking in vigor, it gave the fullest security to freedom; it gave free room and scope for individual effort and action, and the mind of man was completely enfranchised. The person of every citizen was made safe and property was placed entirely beyond the reach of arbitrary exaction.

15 Gordon's New Jersey, p. 37.

The differences between the West Jersey government and that existing at the same time in the eastern portion of the province, were important and obvious. In the latter the executive authority was entirely independent of the people. The legislative authority was also independent in part; the Governor and Council formed a part of the General Assembly, and being a distinct house had equal power with the popular branch. The Governor and Council had also the important authority of convening and proroguing the General Assembly; they had power also for the establishment of certain courts, and for the appointment of officers. In these, and other particulars, the government of East New Jersey was strongly distinguished from that of the western province. But the two cases were also different. The government of the eastern portion had emanated from individuals who were among the rulers of the English realm, and their work could hardly be expected fully to reflect the popular feeling, and especially that feeling which an experience of actual oppression, had excited. Beside this, the discontents and disturbances that had occurred in the province had led to a change in the government, and the introduction of more rigid conditions than had at first been imposed. Probably the government of the eastern portion would not have been accepted in the western, and it is equally probable, that the plan of the latter, would have been found, at the time, not suited to the former.

CHAPTER XI.

PROCEEDINGS IN WEST NEW JERSEY.

In accordance with the design of the concessions, Commissioners were appointed by the proprietors to take charge of affairs in the province, and direct the proceedings preparatory to the settlement of the country, and the introduction of the projected government.1 In the year 1677 they departed for the province. They were accompanied by a large number of settlers, most of them being members of the Society of Friends. The company arrived at New Castle on the 16th of August, and soon afterwards landed at the mouth of the Narriticon or Raccoon Creek, at a place where a few Swedes had settled and erected some dwellings. The Commissioners themselves, had landed at another point, being desirous to visit New York and wait on Governor Andross. This visit was probably intended as a measure of policy in view of the violence which had been committed by Andross in the seizure and detention of Fenwick. It could have been no part of the design of the Commissioners to make any concession acknowledging the claim of Andross to authority in New Jersey; but they may have supposed that a frank explanation of their objects might conciliate the Governor, and ward off difficulty in future, and they were willing to pay respect to the Duke's commission. But it soon became apparent that something more than "respect" was demanded. So soon as the Commissioners had presented themselves and made

There were nine commissioners now appointed-Thomas Olive, Robert Stacy, Benjamin Scott, Daniel Wills, John Kinsey, John Penford, Richard Guy, Joseph Helmsley, and Thomas Foulke.

This was one of the ancient Swedish settlements on the Delaware, it was near the site of the present town of Swedesborough.

At this time Fenwick was detained as a prisoner in New York.

Smith's New Jersey.

known their intentions to Andross, he demanded, whether they had any warrant from the Duke of York in relation to the proposed attempt. They had none to produce; but they replied to the demand. by setting forth at length the claims of the proprietors, showing that a conveyance had been made to them by Lord Berkely, one of the grantees of the Duke, and that this conveyance was believed to be sufficient and full, both in respect to property and authority in the province. But all this was little regarded by Andross. He insisted that his commission extended over the whole of the country, and declared that should he surrender it, without an order from his master, it would be at his peril, though he expressed a willingness to yield it up, without further delay, if they could show but "a line or two from the Duke."

The Commissioners attempted a remonstrance, but they were presently silenced by Andross, who pointed with some significance to his sword. In this manner an intimation was given of the Governor's determination to maintain the authority he claimed, and to do this, should it be necessary, by deeds, as well as by words. Further remonstrance or resistance seemed useless. But Andross finally proposed in order to enable the Commissioners to proceed in their purpose, that they should take a warrant from him, until a further agreement should be made. This proposal was at length accepted, the Commissioners preferring to proceed under such authority, rather than to incur the hazard of being wholly frustrated in their plans. These proceedings, together with the measures that had been previously taken in reference to Fenwick, were entirely sufficient to explain the intentions of the Duke of York in granting a commission to Andross within the bounds of New Jersey. It was clear, that notwithstanding the grants he had made, he was resolved to claim and to exercise authority, and the instrument he had chosen, was entirely disposed to second his wishes and designs.

Directly after the occurrences above mentioned, the Commissioners joined the body of settlers and proceeded in the discharge of the duties of their trust. They purchased from the natives three

3

It is stated that they took Magistrates' Commissions from Andross.

Smith's New Jersey, p. 93.

several portions of lands upon the Delaware, the whole reaching from the Assunpink on the north, to Oldman's Creek on the south; at the latter boundary they were brought to the borders of the territory that had already been purchased by Fenwick.

At an early period the West Jersey Proprietors had entered into a contract or agreement with five individuals of the county of York, in England. In pursuance of this agreement, an article was inserted in the proprietary concessions, directing, that the Commissioners should grant unto the persons in question, or their lawful representatives, the privilege of choosing any one of the tenth parts or shares that should first be laid out. These persons or their representatives, were also to have privileges for building a town, and were to be allowed the liberty of choosing their own magistrates and officers, for executing the laws according to the concessions, within the said town.

At a subsequent period, a company of persons in London purchased a patent for another tenth or share. Among the individuals who were now in the province were persons authorized to act on behalf of these companies, and selections of lands were accordingly made. The representatives of the Yorkshire interest, Helmesly, Emley and Stacy, made choice of the land extending from the Rankokus to the Falls of Delaware, and this portion was accordingly assigned to them by the Commissioners as the first tenth. The agents of the London Company, Penford, Olive, Wills and Scott, chose a portion of territory lower down the Delaware, in the vicinity of Arwamus and Timber Creek; but finally an agreement was entered into by these two companies for a nearer union. They agreed to act together in settling a town, and a place was selected for the purpose, to which the name Beverly was given, which afterwards was changed to Bridlington, and finally to Burlington, which last it still continues to bear. In consequence of this agreement, the London settlers took lands nearer to the place of the principal settlement. Two tenths were thus appropriated and entered upon, and the number of settlers therein was

6

For the particulars in relation to the several purchases from the natives at this time, see Smith's New Jersey, p. 95, and Mickle's Reminiscences, p. 33,