premises hereby confirmed, or intended to be confirmed, and every of them, in case the same were now in the actual seizen of his said Royal Highness; to be held, enjoyed, exercised and executed by him, the said Edward Byllinge, his heirs and assigns, and by his deputy officers, agents and commissioners, as fully and amply to all intents, constructions, and purposes as his said Royal Highness, or his heirs might, could, or ought to hold, enjoy, use, or exercise the same. 15

Whether this special conveyance to Byllinge was made in compliance with the wishes of the Duke, in order that the grant which he could no longer withhold, might be made to accord in some measure with his former pretensions and acts, or whether Byllinge himself had desired and secured it as a personal advantage, cannot with any certainty now be determined. But Byllinge was put thereby in a strange position, in regard to the other proprietors, and the people of the province. He had been a party to the concessions in which he, with others, had granted to the people at large the right of choosing their officers, both legislative and executive, yet now, in so far as the new grant was operative, he alone become possessed of the powers of government. It was in effect a recal of his previous agreement or grant. This difficulty or inconsistency indeed, he might have wholly removed by confirming the concessions anew. But this was not done, and in consequence, the government of West New Jersey assumed from this period a different form, though, as will be seen, the spirit of the concessions was essentially preserved.

Before proceeding further, it may be proper to recur to East New Jersey, and trace the progress of events in that province.

16 Grants and Concessions, p. 418.

CHAPTER XII.

GOVERNMENT IN EAST NEW JERSEY-RELEASE OF THE DUKE OF YORK-GOVERNMENT AFTER THE RELEASE-SALE OF THE PROVINCE-GOVERNMENT UNDER THE NEW PROPRIETORS.

It has already been stated that on the 1st of July, 1676, the province of New Jersey was divided into two portions, to be called respectively, East and West New Jersey.

At that time, as before noticed, Governor Carteret had returned and had entered upon the discharge of his duties, and a General Assembly having been convened, a number of enactments had been made suited to the conditions of affairs at the time.

Early in 1676, the General Assembly again met, and several acts, but most of them having a relation to individual interests, were passed. One enactment was designed to secure the attendance of those who had been elected as Deputies, it being set forth "that the country is damnified that the Deputies have not attended the writs whereby they were summoned to appear, at the time and place appointed." It was therefore provided that whosoever should not appear, should pay as a fine, ten shillings for each day of his absence; and to facilitate the attendance of the Deputies, it was directed, that they should have power to press "any vessel, horses or men" in aid of their passage. An enactment was made providing for the Governor's salary, directing that an assessment should be made of two shillings per head for every male within the province from fourteen years old and upwards. At an adjourned session which was held at Woodbridge, the compensation for the members of Assembly was determined; during the time of their assembling together, sitting, and returning home, the Governor was to receive four shillings a day, each member of the Council three shillings, and the Representatives also three shillings each.

Government in East Jersey seemed now to be established, the heats and discontents that had formerly prevailed, if not entirely removed were not openly manifested. But at an early period a

difficulty arose from another quarter.

The arrival of Edmund Andross as Governor under the Duke of York, together with the nature and extent of his commission, have already been noticed. The interference of Andross in East Jersey was carried even further than in the western portion of the province, and was attended with circumstances of no less aggravation.

Early attempts were made for the collection of those customs which his Royal Highness had thought proper to establish throughout his territory, and William Dyre, the collector of the Duke's revenues in New York, was appointed to collect the customs in New Jersey. These attempts were made in the directest manner. In West Jersey the collection had been actually made within the limits of territory that was clearly and exclusively within the jurisdiction of Andross, but a further advance was made in the other part of the province. The province was entered upon and the regulations that were established by its proper authorities, were opposed or disregarded.

Governor Carteret being desirous to awaken a spirit of commercial enterprise, had adopted measures for opening a port within his province, and some vessels had been entered and cleared at Elizabethtown. But this proceeding was opposed by Andross; he insisted that it was in direct opposition to the powers that had been given to him, and to the rights and interests of the Duke of York, and his superior authority enabled him to carry out his designs, and to frustrate the efforts that were made in the neighboring province. In these pretensions and measures Andross was fully supported by the Duke, his master. Express authority was given by the latter, approving and confirming the acts of his subordinate. The Duke was desirous to avoid a direct collision with Sir George Carteret, the proprietor of the province, (whom

'On the Delaware the collections had been made at Hoar-Kill, or at New Castle, though all vessels entering the river were compelled to submit to the demand.

he held in especial favor) but still was in no wise disposed to relinquish his claims.2

The growing hostility between Carteret and Andross was allayed for a time, by the departure of the latter for England. It is stated, that before he embarked from New York "he went to take leave of Governor Carteret in the Jerseys," a visit which it is hardly to be supposed was entirely prompted by a feeling of amity; a desire to inform himself of the state of affairs in the province by personal remark, was probably considered an object of more importance by him, than an observance of the forms of courtesy.3

Instructions were given to Andross, in England, by which the period for the demand of customs was limited; it was only to continue for three years more. But as the exaction had never been submitted to, even in New York, but with the greatest reluctance, the present concession gave little satisfaction, and the continuance of the demand in New Jersey, was productive of much irritation.

In 1679, Governor Carteret issued a proclamation declaring Amboy to be a free port to all vessels trading to East Jersey, and in consequence of this permission, a trader from Barbadoes en

In a despatch from Sir John Werden, the Duke's Secretary, to Governor Andross, dated August 31st, 1676, the following appears:-"I add thus much further in relation to Sir George Carteret's colony of New Jersey, it is that I have acquainted his Royal Highness with what Mr. Dyre wrote to me about his little bickerings with Captain Carteret for not letting a present pass, &c. And though small matters are hardly worth notice, especially where Sir George Carteret himself is concerned, (for whom the Duke hath much esteem and regard,) I do not find that the Duke is at all inclined to let go any part of his prerogative which you and your predecessors have all along constantly asserted on his behalf; and so, though at present in regard to Sir George Carteret we soften things all we may, not to disturb his choler (for in truth the passion of his inferior officers so far affects him as to put him on demands which he hath no color or right to,) I verily believe that should his foot chance to slip, those who succeed him must be content with less civility than we choose to show him on this point, since that we should exercise that just authority, his Royal Highness hath without such reserves, as though but intended as favors now may if confirmed, redound too much to the prejudice of your colony."

tered his vessel soon afterwards, at that place. But information of the fact being given to Andross, he despatched his messengers with orders to take possession of the vessel and bring her to New York, which being done, he compelled the master to pay duties at that place. Not long subsequent to this proceeding, and probably in consequence thereof, the Assembly of East Jersey enacted a law that the sum of one hundred and fifty pounds should be raised for the encouragement of any vessel to come into the province to trade and traffic, and that if any vessel should come, and after entering and clearing in a proper manner, should be arrested and detained by the Government of New York, for the cause of trading in New Jersey, that the above mentioned sum should be used for the reparation of the loss and injury sustained by such arrest and detention. This measure, though it might tend to the encouragement of trade, was little calculated to secure the province from the injurious demands and acts of the neighboring government, and on this account, as may be supposed, the law itself was soon afterwards repealed. But in fact, the demands of Governor Andross had now become such, that nothing could be expected from any expedients of a temporary kind; the very existence of the government was threatened.

In March, 1679, Andross directed a communication to Governor Carteret declaring that the acts of the latter being performed without legal authority, tended to the disturbance of his Majesty's subjects, and that he was therefore required to cease from the exercise of any authority, until his powers should be properly acknowledged at New York. Such a communication rendered it necessary that some vigorous measures should at once be taken. Governor Carteret called a meeting of his Council, and also "of the most eminent part of the country," and after full consultation, replied to the demand that had been made. He asserted that his authority in the province was not founded upon any presumption or pretence, but upon a grant from his Royal Highness, and the commands of his Majesty, as well as long and peaceable possession, and that he, and his Council and the people felt bound to the government of Sir George Carteret, and were resolved to