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est license was given to the settlers in West Jersey for the exercise of their rights as citizens and of their belief as Christians.

It is evident that not only liberal views, but that master intellects dictated these "concessions and agreements." Their title is significant; they were not only "Concessions" by the Proprietors, but they were "Agreements" between the government-these Proprietors, and the governed the inhabitants. It was a most remarkable document, far beyond the spirit of the times, penetrated with ideas of the purest freedom and based upon true equality. The rights of all were protected and preserved by it and none were injured or molested by any of its provisions. William Penn's name appears prominent amongst these Proprietors; he was foremost in the affairs of the new province, took a deep interest in moulding and shaping its government and it is altogether probable that his broad mind and enlightened sentiments had much to do with their preparation.

Before the division of the colony many Quakers had settled in what afterwards became West New Jersey, and immediately after that division, there was a large influx of the same denomination, so that they composed the great majority of the citizens and exercised a controlling influence in all governmental affairs. The method of dating these concessions and their peculiar wording denote that they came from the hands of Quakers and the paternal character of the after legislation plainly shows that their influence was dominant at that time in West New Jersey.

These "Concessions and Agreements" were in fact, the Constitution of West New Jersey and take so large a share in the Civil History of the Colony and State that their most important provisions ought be noticed.

By the terms of the quintipartite deed, the government of the province of West New Jersey, as well as the title in fee to the land, was really or impliedly vested in William Penn, Gawn Lawry, Nicholas Lucas and Edward Billinge or their assigns. Doubt was entertained. by some of the grant of governmental authority, but the doubt never materialized to such an extent as to induce the doubters to take any legal action. Penn, his three associates and their assignees quietly administered the government, exercising sovereignty to its fullest extent, without question, until the surrender to Queen Anne, in 1702. The "Concessions and Agreements" were indubitably executed by men who really believed that they were the actual rulers of the coun

try; they spoke unequivocally, unmistakably, as sovereigns. It requires no very critical examination of this remarkable document to understand the view which they entertained of the matter. But, while there was this pronounced claim to sovereignty, it was accompanied in a most remarkable manner by the acknowledgment of all the rights. of the governed. The government instituted by the Proprietors, if carried out according to the Concessions, would have been almost patriarchal.

By the first chapter of this Magna Charta of West New Jersey, it was provided that certain officers, called Commissioners, who afterward filled a most important place in the colony, should at first be appointed by the Proprietors, but by the third chapter, all succeeding Commissioners were to be elected by the people.

By that chapter, the third, it was provided that on the "five and twentieth day of the month called March, which shall be in the year according to the English account, one thousand six hundred and eighty, and so thence forward, upon the five and twentieth day of March yearly, by the ninth hour in the morning of the said day," the proprietors, freeholders and inhabitants should assemble in some public place to be appointed by the commissioners for the time being and if no appointment were made then in such place as the voters should deem proper and then and there "elect of and amongst themselves, ten honest and able men, fit for government, to officiate and execute the place of commissioners for the year ensuing, and until such time. as ten more for the year then next following, shall be elected and appointed: which said elections shall be as followeth, that is to say, the inhabitants each ten of the one hundred proprietors shall elect and choose one, and the one hundred proprietors shall be divided into ten divisions or tribes of men." This election was to be by ballot, "to avoid noise and confusion, and not by voices, holding up of the hands or otherwise howsoever. It was also provided that these commissioners so to be elected annually "should govern and order the affairs of the said province (per tempore) for the good and welfare of the said people, and according to these our concessions, until such time as a General Free Assembly shall be elected and deputed in such manner and wise as is hereafter expressed and contained."

The Commissioners appointed by the proprietors had almost unlimited power to appoint and set out fit places for towns, to limit the boundaries thereof, to take care that they should be regularly built,

and they were generally to order the affairs of the province, according to the Concessions however, and also in accordance with any other instructions that should be given them by the major part of the proprietors, until such officers were chosen by the inhabitants. They were also invested with powers over certain minute regulations, such as the grazing of cattle on the land; to take care that after a certain term of possession lands should not be subject to review, re-survey or alteration of bounds. One of the most important duties intrusted to them was a supervision of the courts established by law and that they should provide for the due execution by the several officers of these courts of their duties according to the laws in force. They even had the right to displace or punish these officers for violating the laws or acting "contrary to their duty and trusts, as the nature of their offences shall require." If they saw proper "after condemnation or sentence past upon any person or persons by any judge, justice or court whatsoever," they could reprieve or suspend the execution of the sentence until the next General Assembly, when the copy of the whole trial proceedings or proofs should be presented to the Legislature, who might either pardon or put the sentence of the court into execution, but, in the mean time, the offenders were to be kept in safe custody. They were to do all other thing or things that may conduce to the safety, peace and well government of the said province, and these present concessions and that all inferior officers be accountable to the commissioners and they to be accountable to the General Assembly." They could not, however, impose or suffer to be imposed any tax or other duty whatsoever "upon any color or pretense, how specious soever, upon the said province and inhabitants thereof without their own consent first had, or other than what shall be imposed by the authority and consent of the General Assembly, and that only in the manner and for the good ends and uses as aforesaid."

No oath of office was required from them, nor indeed from any officer, but they were obliged to subscribe and promise that they would "truly and faithfully discharge their respective trusts according to the laws of the province and the tenor of these concessions and to do equal justice and right to all men according to their best skill and judgment, without corruption, favor or affection." If they violated this promise they were liable to be punished or fined and to be incapable of holding any office in the colony.

Although no oath could be taken, not even by witnesses in the courts

of justice, and their testimony was given upon solemn affirmation; yet any giving false evidence "for fear, gain, malice or favor should be severely fined and disabled from ever being a witness again or holding. public office.

Full provisions were made for the recording of deeds and other documents which had been properly acknowledged.

The Indians resident in the province were assured in their rights and even if any one of them committed a trespass upon the whites, notice was to be given to the sachem, or such as had authority over the offending savage, to the end that justice might be done without any wrong being committed upon the poor Indian. And so, on the other hand, if any wrong was committed by a white upon a native, and complaint made, provision was made for full satisfaction according to the nature and quality of the offence or injury. Mixed juries were provided for the trial of causes where any of the Indian natives were concerned and these mixed juries were to be impartially chosen so that exact justice should be meted out to all parties. If any person should be found guilty of murder or treason "the sentence and way of execution thereof, was left to the General Assembly to determine as they in the wisdom and judgment of the Lord should judge meet and expedient." Full provision was made for the election of members of the Assembly, as appears by the following quotation. Chap. XXXII. "That so soon as divisions or tribes, or other such like distinctions are made; that then the inhabitants, freeholders, and proprietors, resident upon the said Province, or several and respective tribes, or divisions or distinctions aforesaid, do yearly and every year meet on the first day of October, or" (of?) "the eight month, and choose one Proprietor or freeholder for each respective propriety in the said Province, (the said Province being to be divided into one hundred proprieties) to be deputies, trustees or representatives for the benefit, service and behoof of the people of the said Province: which body of deputies, trustees or representatives, consisting of one hundred persons, chosen as aforesaid, shall be the general, free and supream assembly of the said Province for the year ensuing and no longer. And in case any member of the said Assembly during the said year, shall decease or otherwise be rendered incapable of that service, that then the inhabitants of the said propriety, shall elect a new member to serve in his room for the remainder of the said year.'

Any one who should "give, bestow or promise directly or indirectly

to the said parties electing, any meat, drink, money or money's worth, for procurement of their choice and consent, shall be incapable of being elected a member of the said Assembly." The elections were to be conducted by ballot. The Legislature had the power of appointing. their own times of meeting and of adjournment to such times and places as they might think best, to establish the number of their quorum, not less than one-half of the whole however.

Liberty of speech was granted in the General Free Assembly; all questions were to be stated with deliberation and liberty for amendments; "that it be put by the Chairman, by them to be chosen, and determined by plurality of votes." Every member had the right of entering a protest if he chose and his reasons for such protest. The yeas and nays might be required and the names of the representatives voting be registered and the people were to be permitted "to have liberty to come in and hear and be witnesses of the votes and the inclinations of the persons voting."

The Legislature had power to enact "and make" all laws necessary for the well government of the province with power of repeal, "provided that the same be as near as may be conveniently, agreeable to the primitive, antient and fundamental laws of the nation of England. Provided also that they be not against any of those our Concessions and fundamentals before or hereafter mentioned."

The Legislature had power to constitute all courts and to limit the powers and jurisdiction of the same, consonant to the concessions, however; to appoint the several judges, officer and number of officers belonging to each court; "to continue such time as they shall see meet, not exceeeding one year or two at the most, with their respective sallaries, fees and perquisites, and their appellations, with the penalties. that shall be inflicted upon them, for the breach of their several respective duties and trusts. And that no person or persons whatsoever, inhabitants of the said province shall sustain or bear two offices in the said Province, at one and at the same time."

All the Justices and Constables were to be chosen by the people and all commissioners of the public seals, the treasurers and chief justices, ambassadors and collectors were to be chosen by the Legislature. Equal taxation and assessments upon all lands and persons "within the province" as often "as necessity shall require and in such manner as to them" (the Legislature) "shall seem most equal and easy to the inhabitants in order to the better supporting of the publick charge

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