CHAPTER IX.

FIRST LEGISLATIVE PROCEEDINGS. OPPOSITION OF THE PEOPLE TO THE GOVERNMENT.-RETURN OF THE DUTCH, AND RESTORATION OF THE ENGLISH AUTHORITY.

Ar the first meeting of the legislative body, all the principal towns in the province were found to be represented. The session seems to have passed with a good degree of harmony, and was brief in its duration; it continued but four days. A principal measure was the enactment of a bill of pains and penalties which was somewhat remarkable for its extreme severity. In many particulars, it followed the Levitical law; twelve crimes were enumerated for which, under certain circumstances, the punishment of death would be incurred. But it was prescribed "that no man's life shall be taken away under any pretence, but by virtue of some law established in the province, that it be proved by the mouth of two or three sufficient witnesses."

An enactment was passed providing for the expenses of government, ordering that the sum of thirty pounds should be raised, by a levy of five pounds on each of the towns represented at the time. It was also enacted that the Assembly should meet on the first Tuesday in November of every year, until they should see cause to alter the said time of meeting, and that the deputies of each town should be chosen on the first of January according to the concessions; and for the absence of any deputy, he should be liable to pay forty shillings for every day's absence, as a fine to the county, unless the Assembly should see cause to remit the

The following Burgesses appeared, for Bergen, Gasper Steenmetts and Balthazar Bayard; for Newark upon Pishawack River, Captain Robert Treat and Samuel Swarne; for Elizabethtown, John Ogden, Sen'r. and John Brackett; for Woodbridge, John Bishop and Robert Dennis; for Middletown, James Grover and John Bound, the last named also represented Shrewsbury.

Grants and Concessions, p. 77.

same. Extraordinary meetings of the Assembly might be called at the discretion of the Governor and Council, "as the necessity and weighty affairs of the province should require." Some other enactments were made and several matters were deferred for future consideration. The deputies informed the Governor and Council, that they had perused the contents of the several acts presented to them, and they thought it needful that laws should be made, "but by reason of the week so near spent and the resolution of some of our company to depart, and the meeting to surcease for the present, they were necessitated to refer the full consideration of them, until the next session of the Assembly." The Assembly then adjourned to the 3d of November next ensuing.

The second meeting of the General Assembly, took place according to previous adjournment, on the 3d of November of the same year (1668.) At an early period of the session the defects in the government of the province began to be manifested. The powers to be exercised by the different departments were sufficiently determined; the authority assigned to the General Assembly was fully defined, and it was such as properly belonged to the body; the general aim was just. But the body was so constituted as to render harmonious action in the pursuit of the aims proposed, extremely uncertain and difficult. The two branches of which the Assembly was composed, were entirely different in origin, one being chosen by the people, and the other, appointed by the Lords Proprietors, or by the Governor. The points of agreement between these divisions, were not sufficient in number or strength to secure accordance in action, and yet the respective forces were balanced so nearly as to prevent the decided preponderance of either. The number of members in the proprietary branch, was nearly equal to the whole of the deputies. But in this particular a change would have gradually occurred from the increase of population, and the consequent addition to the representative body.

"The number of representatives in this Assembly was increased by the addition of two deputies from Delaware River, they were Peter Jegon and Fabrus Outout. The whole number elected at this time, was fourteen, but the representatives from Middletown and Shrewsbury being dismissed, the number sitting was the same as at the former session.

But this advantage to the popular interest was entirely prevented by the separate meeting of the branches, a mode of procedure which would render numerical force of no effect; in separate chambers, the smaller body might effectually control the larger.

A number of acts of minor importance were passed or assented to, but the manner in which the business of the session was conducted, was soon productive of embarrassment, and perhaps of irritation. What particular circumstances led to this course of procedure, whether it resulted from a different construction of the terms of the concessions, or from the mere determination of one of the branches, is a matter that is left to conjecture. But it led to an open disagreement. On the third day of the session a message was sent by the deputies to the Governor and Council, to the following effect:

"We finding so many and great inconveniences by our not sitting together, and your apprehensions so different from ours, and your expectations that things must go according to your opinions, though we see no reason for, much less warrant from the concessions; wherefore we think it vain to spend much time of returning answers by writing that are so exceeding dilatory, if not fruitless and endless, and therefore we think our way rather to break up our meeting, seeing the order of the concessions cannot be attended to."

The Governor and Council replied that "in answer to your last proposition, we desire you to appoint two of your deputies to consider with us in what point we act contrary to the concessions, it being too late to-night to entertain so long a debate, we will be ready to-morrow morning to give them a hearing, and if reason will satisfy you, we shall be very well pleased that you proceed according to the Lords Proprietors concessions, and the trust reposed in you, if not you may do what you please, only we advise you to consider well of your resolutions before you break up."s

Grants and Concessions, p. 90. According to a fair interpretation of the terms of the concessions, the two branches were not only to sit together in one chamber, but to act together as one body; the latter particular however may not be so clearly determined as the former. But an entire separation took place.

The next day the Assembly adjourned sine die, and seven years elapsed before another convened.

Beside the want of harmony between the different branches of of the legislative body, other circumstances occurred in the course of this session, calculated to have a disturbing effect. As already noticed, the people of Middletown and Shrewsbury had received a grant of land with a charter of privileges from Governor Nicholls, but no confirmation had yet been obtained from the proprietary government. Delegates from these towns had been sent to the first provincial Assembly, and had acted therein, giving their assent to the laws at that time enacted, and amongst others, to the enactment for raising a sum of money to defray the expenses of the government. But the people of these places refused to submit to the requirements of the Assembly; they would not allow the laws to be published, or any levy to be made within their limits, asserting that they were authorized by their charter to pass all necessary laws, for themselves. This was a virtual assertion of independent authority, though they had acknowledged the existing government by the election of deputies in accordance with the Governor's proclamation, as well as by the action of their representatives as a part of the legislative body. Under these circumstances the representatives sent by these towns at the second session of the General Assembly, were not allowed to take their seats, unless they would first subscribe the oaths of allegiance and fidelity to the government. This they refused to do, except with certain limitations, and they were consequently refused admittance. An act was then passed by the Assembly, appointing commissioners to visit these places, and to demand the amount that was due on account of the former requisition, and also a farther sum then ordered to be raised, and the commissioners were authorized, if necessary, to take the said sums by way of distress, and that the General Assembly would save them harmless. The commissioners were also authorized to demand "the positive resolution of the inhabitants" as to their submission to the government of the province.

What effect was produced by these measures is not known, as the subsequent suspension of the Assembly caused an entire interruption in the regular course of affairs.

The action of the Middletown settlers was the first manifestation of actual hostility to the proprietary government. But the elements of opposition existed, and the occurrences just noticed were well calculated to bring them into active operation. A period too, was now approaching which would be likely to test the dispositions of the people, and thus to afford an occasion for increased activity on the part of those who were not well affected. This occasion was the time for the payment of quit rents, which occurred on the 25th of March, 1670.

Immediate and general opposition was manifested. The principal agitators were those who were holders of lands which had been purchased from the Indians, by permission from Governor Nicholls, and among these persons the people of Elizabethtown became somewhat conspicuous. They asserted that they had already paid for their lands, and that their rights had been recognized by an officer who was believed to be properly qualified, and that according to the terms of the grant, they were to enjoy their property, as free lands. These declarations though correct as statements of facts, were yet wholly wanting in force. A purchase from the natives, in itself, would give no title, and Governor Nicholls had no authority at the time, to make any conditions, or agreements whatever. These settlers too, had continued in the province after the establishment of the existing government, and with a perfect knowledge of its provisions; they had participated in the privileges and the protection it granted, and some had taken the oaths of allegiance. An obligation had thus been formed to comply with the regulations that had come into force. But beside these persons, there were found in the ranks of the disturbers, many who had acquired their claims to land under the authority of the proprietary government. In regard to these individuals no plea whatever could be found to extenuate their opposition to the present demand. They had taken up property after being fully apprized of the terms, and their unwillingness to abide by the agreement must be regarded as evidence, that they were more sensible to the calls of interest, than to the demands of justice. But, whether with or without a plea, a large number of the settlers utterly refused to comply with the demands of the Proprietors.

Governor Carteret endeavored to uphold the authority and to enforce the demands of the government.