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English courts against the Proprietors to test their right of government, which was still depending.

There can be no possible doubt that the Lords Proprietors of East Jersey and the Proprietors of West Jersey honestly believed that they were legally entitled to absolute control of the government. In this belief, a large portion of the people of West Jersey participated but had taken no very decided action in opposition to their authority. The claim of the Duke of York to customs duties on the Delaware affords a memorable instance in the history of that province where this was fully manifested.

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Not only the Proprietors of West Jersey, of whom William Penn was then one, but a large number of the Quaker inhabitants joined in a remonstrance to the Duke against this action. He was not disposed to listen to their complaints, but they earnestly and continuously persisted in their remonstrances, until, at last, the matter was referred to the Commissioners, to whom the Proprietors and the people addressed themselves. The document then prepared by the Proprietors which was approved by many of the citizens is still in existence It unmistakably asserts the right of the assignees of Berkeley and Carteret to rule their province and to collect the duties on imports if they so desired. This single expression, contained in the recital of the facts, upon which they based their opinion of the effect of the conveyance by James to his assignees, plainly reveals what that opinion was. They say: Thus, then, we come to buy that moiety which belonged to Lord Berkeley for a valuable consideration; and in the conveyance he made us, powers of government are expressly granted; for that only could have induced us to buy it; and the reason is plain; because to all prudent men the government of any place is more inviting than the soil. For what is good land without good laws? The better, the worse. And if we could not assure people of an easy and free and safe government, both with respect to their spiritual and worldly property-that is, an uninterrupted liberty of conscience, and an inviolabie possession of their civil rights and freedom by a just and wise government—a mere wilderness would be no encouragement; for it were a madness to leave a free, good, and improved country, to plant in a wilderness; and there adventure many thousands of pounds to give an absolute title to another person to tax us at will and pleasure. This single consideration, we hope, will excuse our desire of the government; not asserted for the sake of power but safety; and that, not only for ourselves but for others, that the plantation might be encouraged."

This condition of affairs in the provinces presented many inducements to the Proprietors to surrender their right of government. The exercise of that right resulted in no pecuniary profit; but, on the contrary, was attended with great expense; the people of East Jersey were in a state of ferment and constant agitation, and it seemed as if they never would be content until the government was taken from the Proprietors. The people of West Jersey, it is true, did not participate in any act of rebellion, but they were discontented and restive. If the government were surrendered and the fee of the land retained, the emoluments would be greater than though they were burdened with the expenses of Governors, Deputies and Officers. So, in the latter part of the reign of William and Mary, negotiations for the surrender were begun between the English Crown and the Proprietors, which were continued after the death of Mary, but no agreement was reached during the life time of William.

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The first definite proposal came from the Proprietors of East Jersey ard was made through a formal "memorial" signed by order and on behalf of the Proprietors" by William Dockwra, Secretary and Register and addressed to the "Council of trade and foreign Plantations." This was a body of officers constituted by William, after his accession to the throne, to whom he intrusted the care of the English colonies. There is no date to this "memorial," but, it must have been prepared in the year 1699, for, in the preamble to the answer by the Council, it is stated that it was received on the 5th of July, 1699. Prior to its date, there does not seem to have been any definite terms or conditions on which the surrender would be made.

The Proprietors claimed that they were indisputably vested by the grant from Charles to York, and by the succeeding mesne conveyances to them, with the powers of government over the province; but, in consideration of the premises "they do with humble confidence rely on his Majesty's Justice and Goodness to confirm to the Proprietors and Planters respectively, the following Rights and Privileges, to render them (at least), as easy under his Majesty's Government, as when under the Proprietors, toward which they presume to enumerate the following particulars, viz.:

I. That his majesty will be graciously pleased to confirm to them the soil and lands of the said Province and the quit-rents reserved upon the grants made or to be made to any planters or others.

II. That upon the annexation of the government of the said Prov

ince to that of New York, the Port of Perth Amboy, may be established for entering ships and importing goods there, and exporting goods from thence, without being obliged to enter their ships at any other place, paying the same or like custom to his Majesty as are or shall from time to time be payable at New York.

III To have free liberty to trade with any Indians or other inhab itants of America, without interruption, and the Proprietors to have the sole privilege (as always hath been practiced) of purchasing from the Indians, all such lands lying within East Jersey, as yet remain unpurchased from them.

IV. All necessary officers and courts of justice for administration of justice, in cases criminal and civil, to be appointed and held in East Jersey, in the same manner as is practiced within the government of New York, and that the inhabitants may not be obliged to go to New York or be impleaded there for any criminal or civil matter arising within East Jersey, nor be compelled to serve upon juries or in any ministerial office within the Province of New York.

V. That a superior court be held twice a year at Perth Amboy, before whom writs of error or appeals (in the nature of writs of error) from other courts within the Province may be brought and determined,

VI. That the publick register and all records relating to the said Province may be kept at Perth Amboy, and not removed to any other place; and that the constituting of the secretary and register and the Surveyor General of the said Province of East Jersey, remain in the Proprietors.

VII. That the same number of counties be continued in East Jersey, as there are at present, and by the same names, and that each county in East Jersey may choose and send as many representatives to the general Assembly to be held for New York, and East Jersey, as are or shall be chosen by any county in New York, and if any more counties shall be hereafter created or appointed in New York, as many may be created and appointed in East Jersey.

VIII. That a proportionable number of the inhabitants of East Jersey, may be appointed to be of the Governor's Council at all General Assembly's and to have votes therein.

IX. That the twenty four Proprietors may be Lords of the soil, and hold courts for the lands in their propriety ships, and appoint all officers that relate thereunto.

X. No person or persons whatsoever to be molested or deprived of any civil right or privilege, or rendered uncapable of holding any office or employment in the Government because of their religious principles, the Province being planted by Protestant people of divers perswasions, to whom that liberty was an original encouragement.

XI. That all wills of persons dying within East Jersey, and letters of administration of estates lying there, may be made and granted by the chief judge of East Jersey for the time being, who is to reside there, and a register thereof kept at Perth Amboy.

XII. That the Proprietors still have their power continued to grant markets and fairs in the said Province.

XIII. Lastly, all lands, goods and chattles of traitors, felons, felons of themselves, deodands, fugitives, persons outlawed and put in exigent, waifs, estrays, treasure trove, mines and minerals, royal mines, wrecks, royal fish, that shall be forfeited, found or taken within East Jersey, or by the inhabitants thereof, within the seas adjacent, to remain to the Proprietors, with all other privileges and advantages, as amply as in the grant and confirmation to them of the fourteenth of March, 1682."

To this "memorial" the Council returned what they called an "Opin ion and answer of the Lords Commissioners for Trade and Plantations, to the Memorial of the Proprietors of East New Jersey in America; signed by Mr. Dockwra, and recorded from him the 5th of July, 1699." "Article I. We have no objection to what is herein desired.” "Article II. We conceive his Majesty may do what is herein proposed, in case the Proprietors accept of a new charter, with such conditions as are reasonable with relation to their propriety; but that it is very improper for his Majesty to oblige himself to a compliance with this article by any clause in the new charter"

"Article III. The first part of this article is not reasonable, since it may happen to be sometimes advisable to restrain this liberty: But the Proprietors of East Jersey, may have the same liberty granted them of trading with the Indians as is granted to the inhabitants of New York, or any other plantation in America, under his Majesty's immediate government. What relates to the purchasing of lands may be allowed."

"Article IV. The first part of this article we conceive may be fit to be allowed (provided the officers be appointed by the King's Governor), but not without appeals in civil matters to the King's Governor

and Council, and to the King in Council: Nor so as to hinder tryals in criminal matters by his Majesty's special commission to be executed either in New York, or East Jersey, as shall be thought fit, New York, and East Jersey, being to be accounted one Province without distinction, except as to the propriety of lands and the dominium utile."

"Article V. This article we think fit to be allowed of, provided there be a further appeal to the Governor of New York and Council, which is to consist as well of the inhabitants of East Jersey, as of those of New York, indifferently."

"Article VI. What relates to the publick registers and records to be kept at Perth Amboy, may be allow'd; but the not removing them to any other place upon any account whatsoever, when the publick service shall require it, seems unreasonable; and the Proprietors constituting of the Secretary and Register (which the King does everywhere appoint) does not seem fit to be allow'd: Nor is it fit there should be more than one Chief Secretary both for New York and New Jersey, who may appoint a deputy to officiate in his absence from either place."

"The Surveyor General has a more particular reference to the Proprietors and their lands; so that their constitution of such an officer may be allowed."

"Article VII. We have no objection against the number of counties; but the rest of this article seems to be wholly unreasonable; and in case East New Jersey be allowed to send one sixth part of the representatives of the General Assembly, and West New Jersey, one sixth part more (which would be one full third of the whole number of the representatives for New York, and the Jersey's) it is as much as can well be allowed; since otherwise these two Jersey's under Proprietors would come in competition with New York itself, and out vote that part of the Province, when united: So that one third of the number of the representatives for the Jersey's, and two thirds for New York, (or thereabouts) seems a reasonable proportion."

"Article VIII. This may be reasonable, but then the proportion must be agreed on, so as to answer that of the preceding article."

"Article IX. We have no objection to this article, in case those officers be no other than such as constitute a court baron or court leet in England."

"Article X. This article must be regulated by acts of Parliament, and the usages of New York it self."

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