Memorial of the Proprietors of East and West Jersey, submitting their views relative to the Surrender of their Governments.

[From P. R. O. B. T. Proprieties, Vol. 6, G 29-4, and printed in Grants & Concessions, p 599.1

The Humble Memorial of the Proprietors of the Provinces of East and West New Jersey in America.

Though the Proprietors are advised by their Council, that their Right to Ports within those respective Provinces was fully asserted, and their past administration of the Government of those Provinces as fully Justified at the late Tryal had in the Court of Kings Bench, between Mr. Basse and the Earl of Bellomont; they are notwithstanding ready and desirous in Obedience to his Majesty's Pleasure, to surrender all Right of Government there, in humble hope and confidence, that as his Royal Wisdom prompts him to resume the American Proprietary Governments into his own more immediate Administration, so his Justness and Goodness will incline him to grant the Proprietors all reasonable Privileges, which are necessary to preserve their civil Rights and the Interests of the Planters, and which are not inconsistent with his Majesty's Service or Royal Authority.

To which they humbly propose and pray.

First. That his Majesty will grant and confirm to them, their Lands and Quit-Rents, with such other Liberties, Franchises and Priviledges as were granted to them by the late King JAMES, when Duke of York, or have been granted by his Majesty to other Proprietors of Provinces in America, except the Powers of Government.

II. That his Majesty will grant to them the sole Power of purchasing from the Indians, all lands lying within these Provinces, which remain unpurchased from them, and that all other Persons, who have purchased or shall purchase Lands from the Indians, either with or without Licence first had from the Proprietors, and who have not already taken Patents, shall be obliged to take Patents of such Lands from the Proprietors, under a moderate Quit-Rent; and in default thereof, their Title from the Indians to be declared null and void. This the Proprietors humbly conceive will be necessary, as well to vindicate his Majesty's Royal Right, as their own Property under him, because the Planters have lately taken up and promoted an Opinion, that the King's Right to all American Countries discovered by English Subjects, is only Notional and Arbitrary, and that the Indian Natives are the absolute Independent Owners, and have the sole disposal thereof; and some of the Planters, who have made such Purchases of Land from the Indians, refuse to take Patents from the Proprietors, Grantees of the Crown, and others who have taken Patents, refuse to pay the Quit-Rents reserved.

III. That the Inhabitants of both Provinces may have the same Liberty of Trading with the Indians, as the Inhabitants of New York, or of any other Plantation in America, under his Majesty's immediate Government do or shall enjoy.

IV. That the Port of Perth-Amboy, in East-Jersey, and the Ports of Burlington, and Cohanzie in WestJersey, may be established Ports of these respective Provinces for ever; and that no Ships bound to any of these Places shall be obliged to enter at any other Port, nor any Ships to be laden there, shall be obliged to clear at any other Port; and that Officers may be appointed at such Port for collecting the Customs and seeing the Acts of Navigation duly executed.

V. That the Proprietors may appoint Surveyors General and other Officers, for surveying and recording the Surveys of Land granted by and held of them.

VI. That the Proprietors of East-Jersey, may hold three Markets in every Week for ever, on Tuesday, Thursday and Saturday, for all manner of Cattle, Goods and Merchandizes at Perth. Amboy, and four fairs in every year, these to begin the [ Monday in the Months of [

] ]

and each Fair to continue six Days; and that the Proprietors of West-Jersey may hold the like Number of Markets in every Week, for ever on Monday, Wednesday, and Friday at Burlington in West-Jersey, and four Fairs in every Year, these to begin the [ Monday in the Months of [

Fair to continue Six Days

] and each

VII. That East and West-Jersey, may be erected into one distinct Government, and have one General Assembly for making Laws for the good of both Provinces, to sit alternately at Perth Amboy in EastJersey, and Burlington in West-Jersey; and that such General Assembly may be elected every Year in the Month of [ ] and may meet on the first Mon

day in October, and oftener if need be.

VIII. That the General Assembly may consist of Thirty Six Representatives to be chosen in manner following, viz two by the Inhabitants House-holders of the City or Town of Perth-Amboy in East-Jersey; two by the Inhabitants House-holders of the City or Town of Burlington in West-Jersey; Sixteen by the Freeholders of East-Jersey and Sixteen by the Freeholders of West-Jersey; but that no Person shall be capable of being elected a Representative by the said Freeholders, or afterward of sitting in General Assembly, who shall not have one Thousand Acres of Land of an Estate of Freehold in his own Right within the Province, for which he shall be chosen; and that no Freeholder shall

be capable of electing said Representatives, who shall not have one Hundred Acres of Land there in his own Right of an Estate of Free-hold: and that this Number of Representatives shall not be inlarged or dimisnished, or the manner of electing them altered, otherwise than by Act of General Assembly, and the Approbation of his Majesty, his Heirs and Successors.

IX That the Governor's Council may consist of Inhabitants of both Provinces whereof an equal Number to be chosen out of each Province.

X That all necessary Officers and Courts for Administration of Justices in Cases Criminal and Civil, be established in each Province, and that one Supreme Court may be held for both Provinces twice in every year at Perth-Amboy in East-Jersey, and Burlington in West-Jersey, alternately; in which Court all Writs of Error or Appeals in the nature of Writs of Error from any other Courts within these Provinces shall be brought and determined; and that this Court may consist of the Governor's Council and the three Capital Judges of each Province (except such of them who pronounced the first Judgment, Sentence or Decree) or of any seven of them, whereof two of the Council, and three Judges for the Time being shall be five, and every Member of the Court who shall be present, shall have an equal vote, saving that where the Court shall be equally divided in their Opinions, the eldest of the Council shall have a decisive Vote.

XI. That no Appeals to the King may lye in Personal Actions, when the Cause of Action is of less Value than two Hundred Pounds.

XII. That all Protestants may be exempt from all penal Laws relating to Religion, and may be capable of being of the Governor's Council and of holding any other Publick Office, though they do not conform to the discipline of the Church of England, or scruple to take an Oath; and that an Instruction be given to the

Governor for procuring a Law to pass in the General Assembly for substituting some proper Declaration in the Place of an Oath.

XIII. That his Majesty will be pleased to permit the Proprietors to nominate the first Governor.

XIV. That all such further Priviledges, Franchises and Liberties, as upon Consideration shall be found necessary to the good Government and Prosperity of the said Provinces, and increasing the Trade thereof, may be granted to the Proprietors.

Memorial of the Proprietors of both East and West Jersey, asking for the approval of Andrew Hamilton as Governor until the Surrender of the Government can be perfected.

[As printed in Grants and Concessions, p 591.]

To their Excellencies the Lords Justices of England. The Humble Petition of the Proprietors of the Province of East and West-Jersey in America.

Sheweth.

THAT your Petitioners, as they were advised by their Council, being legally entitled to the Government of those Provinces, by virtue of several Grants from the