Nicholson was appointed his Lieutenant. Not long after the reception of his commission, Andross arrived in New York and received the government from Dongan, the former Governor, and presently afterwards paid a visit both to East and West New Jersey.54

In the present situation of the country there was but little occasion for the exercise of power, and it may be that on his new and more extended theatre of action, Andross was less ambitious of particular display; he at any rate, exhibited at this time a degree of moderation that had not been witnessed in his previous course. He continued most of the officers of the province in their places, and made but little alteration in the conduct of business. This forbearance indeed was in no wise greater than the state of affairs demanded; as yet the agreement between the proprietors and the King had not been brought to completion. The yielding up of the government was connected with a condition, that assurance should be given of the right to the soil, and until this should be done, the proprietors might claim that rightful authority was still in their hands. The stipulated confirmation was not made by the King, and the period quickly arrived in which, if an intention to fulfil his engagements existed, the power was finally and forever lost. In the revolution which occurred soon afterwards, James the Second was driven from his throne, and ever afterwards continued in exile.

In a letter from New York, dated October 4th, 1688, Andross states that he arrived on the 11th of August, and that his Majesty's letters patent being published, he immediately received that place, and East New Jersey on the 15th, and West New Jersey on the 18th following. See note in Whitehead, p. 112.

30

CHAPTER XIII.

WEST NEW JERSEY.-GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK.-CONDITIONAL SURRENDER OF GOVERNMENT.

THE release of West New Jersey by the Duke of York, and the manner in which the conveyance was made, have already been noticed. It would seem somewhat extraordinary that notwithstanding the opposition that had been made to the pretensions and claims of the Duke, that the grant which was executed by him was afterwards taken, in part, as the foundation of government. But the conveyance of authority to Byllinge had given to that individual a semblance of right, which there is reason to believe he was unwilling to resign, and which the proprietors were then reluctant to contest. But a course was pursued which was calculated to secure to the people the rights and privileges which they had formerly enjoyed. The first step was the election of Byllinge by the proprietors, to be Governor of the province. The particular conditions of his

'The election of Byllinge as Governor could only have been made in deference to his claim to authority under the grant from the Duke, unless some new conditions had been made, and none such appear. The former concessions provided for no such office as Governor. There was an apparent design to effect an union of different plans by conceding, to an extent, the pretensions of Byllinge, and yet preserving the rights of the settlers. An election was not a direct denial of the claim to superior authority, yet it implied that a right of choice existed in the party electing. It is singular that no apprehension in regard to the effect of the grant to Byllinge was expressed at the time; Samuel Jenings wrote, that he had received an account of a new grant obtained, wherein the customs were taken off, a free port confirmed, and the government settled on Edward Byllinge, "which I doubt not will be very acceptable to every honest man." (Smith's New Jersey, p. 125.) But although the release from customs was a most important advantage obtained by the province, the grant in relation to government was somewhat doubtful, and did not prove in the end to be entirely "acceptable."

election are no where given; but he presently proceeded to the appointment of a deputy. This office was given to Samuel Jenings, a man of some distinction already in the province. At an early period the Deputy Governor summoned an Assembly, which met at Burlington on the 21st of November, 1681, being the first Assembly that convened in West New Jersey. The body entered at once upon the consideration of the state of affairs and adopted such measures as the altered condition of things appeared to demand; reasserting the rights that had formerly been held, and laying down positive limitations upon the action of the new authorities. A deep sense of the importance of their work appears to have been felt by the members. "Forasmuch," they say, "as it hath pleased God to bring us into this province of West New Jersey, and settle us here in safety, that we may be a people to the praise and honor of his name who hath so dealt with us, and for the good and welfare of our posterity to come: We the Governor and Proprietors, freeholders and inhabitants of West New Jersey, by mutual consent and agreement, for the prevention of innovation and oppression either upon us or our posterity, and for the preservation of the peace and tranquility of the same, and that all may be encouraged to go on cheerfully in their several places; do make and constitute these our agreements, to be as fundamentals to us and our posterity, to be held inviolable, and that no person or persons whatever, shall or may make void or disannul the same, upon any pretence whatever."

It was provided that there should be a General Free Assembly, yearly and every year, to be chosen by the free people of the province, to consider of the affairs of the province, and to make and ordain such acts and laws as might be required, and the Governor, with the consent of his Council, might, if necessary, convene the Assembly at intermediate times.3 That the General Free Assembly chosen as aforesaid should not be pro

"The number of the members in this Assembly is not determined. 'The Council was a feature of government now first introduced. Under the former concessions the executive authority was wholly in the body called Commissioners. This latter body however was still continued, but with restricted duties and powers.

rogued or dissolved before the expiration of one whole year (from the day of their election) without their own consent. That all officers of state or trust should be nominated and elected by the General Assembly for the time being, or by their appointment, and that such officers should be accountable to the General Assembly, or to such as they should appoint. That no Assembly should give to the Governor for the time being, or his heirs or successors, any tax or custom for a longer time than one year. That liberty of conscience in matters of faith and worship towards God should be granted to all people within the province, who should live peaceably and quietly therein, and no one should be rendered incapable of office on account of faith and worship.

In reference to the Governor and Council, it was provided, that the Governor should not suspend or defer the signing and confirming of such laws as were passed by the General Assembly. That it should not be lawful for the Governor, or his heirs and successors, and Council, at any time to make and enact any law or laws for the province without the consent of the Assembly, and that if they or any of them, should attempt to make such laws without the assent of the Assembly, they should, upon legal conviction, be deemed and taken to be enemies to the people of the province. That it should not be lawful for the Governor, his heirs and successors, and Council, or any of them, to make or raise war, or raise any military forces, or to levy sums of money, or impose any tax whatsoever, without the consent of the Assembly, neither should they (without such consent) send embassadors, or make treaties, or enter into any alliances on the public account.

These provisions were in the nature of primary or fundamental articles, which were to form the foundation of government. It was farther provided and agreed, that upon the acceptance of these articles by Samuel Jenings, the General Assembly, proprietors and freeholders of the province would accept him as Deputy Governor. The conditions were agreed to by Jenings, he putting his hand and seal to the articles, and they were also subscribed by Thomas Olive, Speaker, by the order, and in the name of the General Assembly of the province.

'Grants and Concessions, p. 423.

The government being thus established, the Assembly proceeded at once to make other enactments. Most of the provisions in relation to the rights of individuals, in respect both to person and property, which were contained in the former concessions, were adopted anew, and put into force. Regulations were also made prescribing the duties of the several officers. The Governor and Commissioners (in the same manner as the Commissioners alone, under the former concessions) were empowered to determine the rates and fees of the Public Register, Surveyor, and other officers of the province. They were also to see that all courts established, or to be established, by the Assembly of the province, should execute their duties according to the laws; and to displace or punish offenders. They might suspend the execution of sentence passed upon any person, by any judge, justice or court, until the whole proceedings should be presented to the next Assembly, which Assembly, with the Governor, might grant a pardon, or command execution of the sentence. The Governor and Commissioners were also to superintend the divisions, sale and conveyance of lands, and to have charge of the execution of the laws relating to the estates of decedents, and the care of orphans, which laws were full and precise.

No additional regulations of importance were made in relation to the action of the Legislative Assembly, but the compensation of the members was determined anew. They were to receive two shillings for each and every day they should serve, this sum being paid, (as before) by the respective divisions in which they were chosen. To defray the public debts and other charges of the province, it was ordered, that the sum of two hundred pounds should be levied, to be paid in "coin or skins or money," and two persons were chosen as Receivers General, with authority to appoint their subordinates. Of this sum twenty pounds was to

In a few particulars new provisions were made, but none that altered the spirit of the laws.

The fees of all judicial officers were formerly determined by the Assembly, and no change in this respect appears to have been made.

The sum above mentioned was to be equally levied and proportioned upon the several tenths, twenty pounds upon each and every tenth; and every man to be assessed according to his estate real or personal, and all handicrafts, mer