Immigration and a transfer of rights soon brought into the Province a sufficient number of Proprietors to allow of the establishment of a board of commissioners within its limits, authorized to act with the deputy-governor in the temporary approval of laws passed by the Assembly, the purchasing and laying out of lands, and other matters,—thus avoiding the necessary and consequent unpleasant delay attendant upon the transmission of such business details to the Proprietors in England before putting them in operation. This body was formed August 1, 1684, and became known as the “Board of Proprietors.” To this board was intrusted the advancement of a new town to be called Perth,—in honor of the Earl of Perth, one of the Proprietors,—for the settlement of which proposals had been issued in 1682, immediately on their obtaining possession of the Province.
The advancement of this town was a favorite project, and at the time of Lawrie’s arrival several houses were already erected, and others in progress (Samuel Groom having surveyed and laid out the site); and attention was immediately given to the execution of the plans of the projectors, based upon the expectation that it would become the chief town and seaport of the Province. Lawrie was particularly cautious, in carrying out their views as regarded the seaport, not to infringe any of the navigation laws respecting the payment of duties, or otherwise,—going so far as to admit William Dyre, in April, 1685, to the discharge of his duties as collector of the customs in New Jersey, which naturally led to difficulties. Previously vessels had been permitted by Lawrie to proceed directly to and from the Province, and the inhabitants valued the privilege; but Dyre had not been in execution of his office more than two or three months before he complained to the commissioners of the customs of the opposition encountered in enforcing the regulations he had established for entering at New York the vessels destined to East Jersey, and receiving there the duties upon their cargoes. This state of affairs continued for some months; for, although the authorities in England took the subject into consideration, it was not until April, 1686, that a writ of quo warranto was issued against the Proprietors,—it being thought of great prejudice to the country and His Majesty’s interest that such rights as they claimed should be longer exercised.
James, Duke of York, by the death of Charles II. in May, 1685, had been raised to the throne of England, and his assumption of royalty simplified considerably the powers for ignoring all measures conflicting with his private interests; and although he had thrice as Duke of York, by different patents and by numerous other documents, confirmed to others all the rights, powers, and privileges which he himself had obtained, the increased revenue which was promised him from the reacquisition of New Jersey could not admit of any hesitancy in adopting measures to effect it. The Proprietors, however, were firm in their expostulations, and made many suggestions calculated to remove the pending difficulties; but all were of no avail except one, looking to the appointment of a collector of the customs to reside at Perth,—or Perth Amboy as it began to be called, by the addition of Amboy, from ambo, an Indian appellation for point. The first session of the Assembly was held there as the seat of government, April 6, 1686.
The establishment of a local government in West Jersey in 1677 has been noticed. The next step toward rendering it more perfect was the election, by the Proprietors in England, of Edward Byllynge as governor of the Province, and the appointment by him of Samuel Jenings as his deputy. These events took place in 1680 and 1681, and Jenings arrived in the Province to assume the government in September of the latter year, the first West Jersey Assembly meeting at Burlington in November. The representatives seem to have had a full sense of the responsibilities resting upon them, and at once adopted such measures as were deemed essential under the altered condition of affairs, acknowledging the authority of the deputy-governor on condition that he should accept certain proposals or fundamentals of government affixed to the laws they enacted. This Jenings did, putting his hand and seal thereto; as did also Thomas Olive, the Speaker, by order and in the name of the Assembly.
Burlington was made the chief town of the Province, and the method of settling and regulating the lands was relegated to the governor and eight individuals. For greater convenience the Province was divided into two districts, the courts of each to be held at Burlington and Salem. The second Assembly met May 2, 1682, and a four days’ session seems to have been sufficient to establish the affairs of the Province on a firm basis. Thomas Olive, Robert Stacy, Mahlon Stacy, William Biddle, Thomas Budd, John Chaffin, James Nevill, Daniel Wills, Mark Newbie, and Elias Farre being chosen as the council.
Subsequent meetings of the Assembly were held in September, and in May, 1683. At this last some important measures were enacted contributing to good government. For the despatch of business the governor and council were authorized to prepare bills for the consideration of the Assembly, which were to be promulgated twenty days before the meetings of that body. The governor, council, and assembly were to constitute the General Assembly, and have definite and decisive action upon all bills so prepared. As John Fenwicke was one of the representatives to this Assembly, it is evident that he recognized for his Tenth the general jurisdiction which had been established. It is understood that Byllynge at this time had resolved to relieve Jenings from his position, as his own independent authority was thought to be endangered by Jenings’s continuance in office.
At this Assembly the question was discussed whether the purchase at first made was of land only or of land and government combined, and the conclusion arrived at was that both were purchased; and also that an instrument should be prepared and sent to London, there to be signed by Byllynge, confirmatory of this view; and, carrying out a suggestion of William Penn, Samuel Jenings was by vote of the Assembly elected governor of the Province,—a proceeding which was satisfactory to the people, as they desired a continuance of his administration. Thus again did the representatives of the people assert their claim to entire freedom from all authority not instituted by themselves.
As Byllynge did not acquiesce as promptly as was desired with the views of the Assembly, it was determined at a session held in March, 1684, that, for the vindication of the people’s right to government, Governor Jenings and Thomas Budd (George Hutchinson subsequently acted with them) should go to England and discuss the matter with Byllynge in person,—Thomas Olive being appointed deputy-governor until the next Assembly should meet. This was in the May following, at which time Olive was elected governor, and his council made to consist of Robert Stacy, William Biddle, Robert Dusdale, John Gosling, Elias Farre, Daniel Wills, Richard Guy, Robert Turner, William Emley and Christopher White.