The province of New Jersey, 1664-1738

Preface

The chief object of this study is to give an account of the politkal institutions of New Jersey during the period of her executive union with New York. The chapters on the proprietary period were originally prepared as introductory. A discussion of the economic and social development of the province is not a part of the problem.

The most important original sources in print used in this work are the New Jersey Archives, the New York Colonial Documents, Learning and Spicer's Grants and Concessions and the Colonial Laws of Nevill and Allison. Nevill and Allison, however, give many important statutes only by title. Most, though not all, of the missing acts are to be found in the original Bradford prints in the Charlemagne Tower Collection of Colonial Law in the library of the Pennsylvania Historical Society. The rare Elizabethtown Bill in Chancery and the still rarer Answer to the Bill give invaluable information as to the land controversy in East Jersey. Their statements have, however, been received with caution as the arguments of contending lawyers.

The Journal of the General Assembly for the union period has been published (Jersey City, 1872) up to the end of Ingoldsby's administration. The rest is in manuscript in the State Library at Trenton. Other manuscript sources used are the Minutes of the Supreme Court, the East Jersey Records, the West Jersey Records,

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IV

PREFACE

Liber AAA of Provincial Commissions, the Minutes oi the Council of Proprietors of East Jersey and the Minutes of the Council of Proprietors of West Jersey.

The Minutes of the Supreme Court in the office of the Clerk of the Supreme Court contain brief entries of the legal proceedings of the period, but do not give much light as to the nature of the issues involved. Where a decision was reached, however, judgment rolls exist containing the judgment of the court in full. The East and West Jersey Records in the office of the Secretary of State comprise the books of deeds, patents, wills, commissions and some surveys. Their general character is made clear by Vol. XXI of the New Jersey Archives, which contains a summary of the earlier books. The Minutes of the Council of Proprietors of East Jersey, still kept in the office of the proprietary register at Perth Amboy, throw much light on the activity of the proprietors of that division. Unfortunately Book A begins only with the reestablishment of the council in 1725. The office contains also eighteenth-century copies of the East Jersey Records. The Minutes of the West Jersey Council in the office of the Surveyor-General at Burlington are complete for the proprietary and union periods, and readily accessible through the courtesy of the proprietors and of the Surveyor-General.

In addition to original sources use has been made of numerous secondary works, especially those of Whitehead, Hatfield, Field, Brodhead and Winfield. The student of New Jersey history can not be too grateful for the able researches of these pioneers.

My best thanks are due to Mr. William Nelson, Secretary of the New Jersey Historical Society, for invaluable advice and assistance in obtaining access to material. I am also indebted to Mr. Francis M. Tichenor, Presi-

PREFACE V

dent of the Board of East Jersey Proprietors, for permission to examine the proprietary minutes. From the beginning I have had the advantage of the advice of Prof. H. L. Osgood. By him my first interest in colonial history was aroused; at his suggestion this work was undertaken ; and without his patient encouragement its completion would have been impossible.

Edwin P. Tanner.

Syracuse, N. V., Aug. 24, 1908.

Chapter I Pack

The Proprietorship in Land Distinction between the proprietorship as a form of land ownership and as a grant of governmental power — Origin of the proprietorship — Efforts of the Duke of York to recover New Jersey — The sale of Berkeley's interest to the Friends — Reconveyance of East Jersey from the Duke of York to Carteret — Transactions among the proprietors of West Jersey — The Quintipartite Deed — Final loss of West Jersey by James of York— Development of the West Jersey proprietorship — The investment of Dr. Daniel Coxe — The West New Jersey Society — The Twenty-four Proprietors of East Jersey— Further development of the East Jersey proprietorship — Quarrel between the Scots Proprietors and William Dockwra . . 24

CHAPTER II Sources and Character of the Population of the Jerseys Failure of Dutch colonization — East Jersey settled from New England — The three zones of colonization— Emigration from Scotland under the twenty-four proprietors — Character of the settlers of West Jersey 29

CHAPTER III The Land System of East Jersey Treatment of the Dutch settlers by Berkeley and Carteret — The Concessions and Agreements of the Lords Proprietors — The execution of the Concessions rendered difficult by the character of the settlers — Conflict between the proprietors and the settlers — The provisions of the Concessions finally carried out — Nature of the apportionment of the land under Carteret — The Concessions continued by the twenty-four proprietors — The institution of the Board of Proprietors — Character of the proprietary officers — Comparatively large size of the proprietary holdings — Efforts of the new proprietors to conciliate the settlers — Relation of the assembly to the land system— Steps of the proprietors immediately preceding the institution of royal rule 57

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CHAPTER IV Land Troubles in East Jersey Popular misunderstanding of the land troubles in East Jersey— The real issues — Legal principles involved — The Monmouth patent — Temporary settlement of the questions arising out of it— The Elizabethtown controversy — Insufficient character of the evidence — Early anti-proprietary disturbances — Measures of the proprietors — Efifects of the Dutch reconquest — Re-establishment of the proprietary authority — Attitude of the twenty-four proprietors toward the Monmouth and Elizabethtown questions— The case of Jones vs. FuUerton — Revival of anti-proprietary agitation — The "Revolution" 80

CHAPTER V

Political Conditions in East Jersey under the Proprietors Uncertainty of the proprietors' claims to governmental power — Political features of the concessions — The establishment of the proprietary government — The first assembly— Subversion of the proprietary government — Collapse of the anti-proprietary movement — The development of difference of opinion between the governor and the assembly — Conciliatory policy of the Twenty-four proprietors — The Fundamental Constitutions — Attitude of the people toward the rule of Andros — The dismissal of Governor Hamilton — Unfortunate policy of Basse — Downfall of the proprietary system 96

CHAPTER VI The Land System of West Jersey Institution of the system of tenths and proprieties — The Concessions and Agreements — Efforts to carry out the Concessions and Agreements— Gradual modification of the system — The institution of the Council of Proprietors— Nature of the apportionment of the land— New elements introduced by the West Jersey Society — Unimportant character of land disputes in West Jersey as compared with those of East Jersey — New projects of the proprietors. 112

CHAPTER VII Political Conditions in West Jersey under the Proprietors Political provisions of the Concessions and Agreements — Interference by James of York and Edward Byllinge — Readjustment under Samuel Jennings as governor — Dealings between the as-

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sembly and Byllinge— The arbitration of 1684— Defeat of the assembly— Plans of Dr. Daniel Coxe— The power of government passes to the West Jersey Society— Development of parties under Hamilton and Basse ^^4

CHAPTER Vni Relations with the Duke of York and the Crown Legal invalidity of the claim of Berkeley and Carteret to governmental power over New Jersey— Inability of James of York to prevent the establishment of their government— Effects of the Dutch reconquest— Relations between Andros and the authorities of the Jerseys— The arbitration of Sir William Jones and its results—Dealings between Governor Dongan and the twenty-four proprietors— The Jerseys brought under the rule of Andros— The resumption of proprietary rule— Controversy between Lord Bellomont and Governor Basse— Determination of the crown to assume jurisdiction over the Jerseys— Surrender of the proprietors. 138

CHAPTER IX The Royal Governors Unsuccessful efforts to secure the appointment of Colonel Hamilton —Edward, Lord Cornbury— John, Lord Lovelace— Colonel Richard Ingoldsby— Colonel Robert Hunter— William Burnet— John Montgomerie— William Cosby ^47

CHAPTER X

Legal Position of the Governor as Executive Power conveyed by the governors' commissions— The royal instructions—Financial powers of the governor— His judicial powers —Religious control— Military power— Relation of the governor to trade and commerce— Relations between the governor and the proprietors— Information to be furnished by the governor— Additional instructions to the governors— Limitation of the executive power by legislation ^"5

CHAPTER XI The Executive Power in Practical Operation Effects of the union with New York upon the executive power in New Jersey— Executive abuses of Cornbury' s administration- Corruption checked by Lord Lovelace— Cornbury 's regime con-

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tinued by Ingoldsby — Hunter reorganizes the administration — His conflict with Cornbury's ring — Success of Hunter — The poHcy of Hunter continued by Burnet — Difference between the administrations of Hunter and Burnet — No positive poHcies developed by Montgomerie and Cosby 220

CHAPTER Xn The Governor in Legislation Legal control of the governor over the legislature —Part taken by him in its proceedings — Diflferences in the degree of influence possessed by the various governors — Failure of Cornbury to control the assembly — Influence held by Lovelace — Some success gained by Ingoldsby — Powerful influence of Hunter upon the assemblies — Burnet's difficulties and final success — Montgomerie not entirely successful—The success of Cosby greater in New Jersey than in New York 231

CHAPTER XIII The Movement for a Separate Governor Union with New York never really popular in New Jersey — Cornbury's neglect of New Jersey — The demand for separation brought forward by Colonel Daniel Coxe — Growth of the desire for separation — Unfortunate attempts of Montgomerie to check the movement — Efforts of Lewis Morris — Effect of the feeling for separation upon Governor Cosby — The work of President Anderson and council and of the provincial agent — A separate executive finally granted 242

CHAPTER XIV Other Executive Officers

The Lieutenant-Governor — Purpose of the office — Difficulties arising out of it — Its abolition.

The President of the Council — Creation of the post — Lewis Morris becomes president — His difficulties with Cornbury and Ingoldsby His two administrations — Administration of Colonel Anderson — Accession of Colonel John Hamilton — His conflict with Morris.

Patent Officers of the crown — The provincial secretary — The attorney general.

Officers commissioned by the governor — Commissioners named by the assembly — Agents of the proprietors 258

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CHAPTER XV The Council— Personnel Both parties represented in the first royal council-A majority obtained by the anti-proprietary party-The suspension of Morris and the retirement of Jennings- Formation of Lord Cornbury s "ring "-Col. Daniel Coxe and Peter Sonmans the leading members-Changes upon the accession of Lovelace-Cornbury s clique continued in power by Ingoldsby-Blindness of the Lords of Trade-Hunter recommends the destruction ot Cornbury s ring-The reorganization of the council at length ef?ected-Later changes-The high character of the council maintained-Futile efforts of Cosby to obtain the dismissal of Morris and Alexander. 279

CHAPTER XVI

The Council— Its Legal Position The legal position of the council in New Jersey similar to that of the councils of other royal provinces-Powers of the council as set forth in the governors' comm.ssions-Its work more exactly stated in the instructions-Number of its members-Division ot its membership between East and West Jersey-Legal privileges of the council-Extent of the governor's control over its membership-Its advice and consent needed by the governor for the performance of many executive acts- Judicial duties ot the council-Its reserve powers-The legal position of the council remains substantially unchanged during the union period -^^5

CHAPTER XVII The Council in Administration Difficulty of understanding the nature of the council's proceedings -The council as a rule dominated by the governor-Frequency and length of council sessions-Functions of the council at the beginning of new administrations-Financial duties of the council-Powers over the courts-The supervision of subordinate executive officers-Laxity of its control-General police powers of the council-Its advisory functions-The council as an administrative "ring"

CHAPTER XVIII The Council in Legislation The council as upper house of the provincial legislature-Simplicity of its legislative methods-Thc council the mouthpiece of the xii TABLE OF CONTENTS

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governor in legislation— Its early eflforts to assume superiority over the assembly — Its claims to be a secret board— Defeat of the council — Theoretical equality and real inferiority of the council to the assembly under the later governors — Harmony between council and assembly— The superior experience of the council recognized by the assembly — The control of the assembly over the public purse established in practice — Activity of the council in drawing up addresses to the crown and to the governors .... 306

CHAPTER XIX The General Assembly — Personnel

General character of the representatives — The first assembly under proprietary control — Strength of the parties in the second assembly — Powerful character of the third assembly — Varying strength of the parties under Lovelace and Ingoldsby — Hunter's first assembly under proprietary control — Col. Coxe speaker of the seventh assembly — Expulsion of Coxe and his followers — Governor Hunter becomes the real leader — Fading away of the old party lines under Burnet — Permanence of membership in the later assemblies — The rise to influence of John Kinsey 316

CHAPTER XX

The General Assembly — Constitution and Legal Power

The original constitution and pov/ers of the assembly based upon the governor's commission and instructions — Powers of the assembly as stated in Cornbury's commission — Provisions of his instructions relating to the assembly — Further power and privileges of the representatives based upon English and Colonial precedents— Unsuccessful efforts of Cornbury and his supporters to change the constitution of the assembly — The constitution of the house altered by an additional instruction — The alteration confirmed by provincial legislation under Lord Lovelace — Further changes under Ingoldsby — Difficulties resulting for Governor Hunter— Eventual settlement of the questions involved — A transfer of representatives recommended by Burnet — The opinion of the attorney-general — The change efifected — The act of 1725 regulating elections — Passage of a triennial act secured by John Kinsey — Its disallowance — Kinsey's act for the freedom of assemblies 332

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FACE

CHAPTER XXI

The General Assembly in Action Frequency of sessions-Length of assemblies-Places of meeting- Officers of the assembly-Procedure at the opening of assemblies —Methods of legislation-Importance of the control of the budget -Other financial powers-The assembly as the mouth-piece for the expression of grievances-Disputed elections-The assembly s power of determining the qualifications of its members-Discipline over members-Expulsion'-Tendency of the House to enlarge its sphere of action at the expense of the executive-The

assembly controls the colonial agency ^"^

CHAPTER XXn Executive and Legislative in Conflict Apparent harmony at the beginning of royal rule-Quarrel between Cornbury and the proprietary party— The "Blind Tax Resulting dissolution of the first assembly-The exclusion of the three Quaker members from the second assembly-Temporary control of the anti-proprietary party-Cornbury loses control of the representatives-Resulting attacks upon the governor-The great Remonstrance of 1707-Cornbury's answer— The reply of the House-Continued conflict-Lovelace well received by the assembly-Attack by the assembly upon the council-Renewed conflicts under Ingoldsby-His efforts to cast the blame upon the Friends— The fifth assembly favorable to Ingoldsby-Quarre about the title " General Assembly "-The early attitude of Hunter conciliatory-He is supported by the assembly and thwarted by the council^ Cornbury 's ring driven from the council-Triumph of the proprietary party-The seventh assembly controlled by Col. Coxe-Conflict between Hunter and the assembly-Defeat and expulsion of Coxe and his supporters- Harmony between the governor and the legislature at length reestablished—Quarrel between Burnet and the representatives— Burnet's eventual success with the assembly-Conflict between Montgomerie and the assembly over separation from New York -Montgomerie corrected by the Lords of Trade-Serious trouble with the legislature avoided by Cosby— Conclusions 457

CHAPTER XXni The Judicial System The System of Courts— Arrangements under the proprietary governments—Success of Cornbury 's administration in reorganizing xiv TABLE OF CONTENTS

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the courts— Legislation under Hunter affecting the system — Later alterations in the courts — Activity of Burnet in this field.

The Personnel of the Courts— Roger Mompesson — William Pinhorne — Alexander Griffith— David Jamison— Thomas Farmar — William Trent— Robert Lettice Hooper.

The Courts in Action—Corruption and injustice of the courts under Cornbury—The injustice checked by Lovelace — Bad efifects of the accession of Ingoldsby — The reformation of the courts by Hunter —Important prosecutions of public officers — The land question in the courts — The case of Vaughan vs. Woodruff — The Schuyler case— The judicial work of the council 501

CHAPTER XXIV Financial Affairs

Expenditure — The payment of salaries the chief regular source of expense — Efforts of Cornbury to obtain high salaries — Difficulties caused by the death of Lovelace — A fairly permanent scale of salaries established under Hunter— Grants for longer periods insisted upon by Burnet— The question of the appropriation of the interest money from the loan offiices — The colonial view adopted by Burnet and Montgomerie— Other expenditures — Outlay for the expeditions to Canada.

Taxation — The system established under Cornbury — Its chief features followed in later acts — Methods of apportioning and collecting taxes — County and local taxes levied under provincial acts — Import and export duties — The excise — Serious difficulties in the collection of taxes.

The Bills of Credit — Their first issue the result of the expeditions against Canada — Early difficulties with the bills — A new issue forced by the difficulties of taxation — The establishment of the loan offices in 1723 — The second and third lopn-office acts — Attitude of the later governors — Position of the home government . 558

CHAPTER XXV

The Militia System General inefficiency of the militia — The political importance of the militia question increased by the presence of Quakerism — Military powers of the governor — The Quakers attacked by Cornbury and his supporters through the militia act of 1704— Resulting difficulties — A milder system estabHshed under Hunter— Military activity of Burnet — His failure to gain important results— Weakness of the militia at the end of the period — New Jersey's contributions during Queen Anne's War 579

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FACE

CHAPTER XXVI

The Church of England in the Jerseys

Religious coloring in the political struggles of the colony — Beginnings of Anglicanism in the Jerseys — The work of George Keith — His efforts continued by Rev. John Talbot — Relations between Cornbury and the missionaries — Efforts to make Burlington the seat of an American bishop— Hunter's quarrel with the high church party — Defeat of Talbot and his supporters — Progress made by the Church — Talbot consecrated as a bishop by the Non- Jurors— The end of his career— The Church well established at the end of the period 6oi

CHAPTER XXVII

The Proprietorship under Royal Rule— East Jersey

Opposing interests in the East Jersey proprietorship — Belief of the proprietors that they had surrendered on conditions— Early harmony between Cnrnbury and the proprietors — Tlie " Long Bill " — Break between Cornbury and the proprietary party — Practical suspension of the council of proprietors — Conflict between the proprietors and Cornbury— Struggle in England between the West Jersey Society and William Dockwra— Claims of Sonmans as general agent of the proprietors — He is recognized by Cornbury — Work of the proprietors in securing Cornbury's removal — The proprietors favored by Lovelace — Their efforts checked by Ingoldsby — Hunter allies himself with the proprietors — Overthrow of Sonmans, Basse and Col. Coxe — Revival of proprietary activity — The case of Vaughan vs. Woodruff — Effect upon the people of Elizabethtown — Dispute with West Jersey over the partition line — George Keith's line — The Barclay-Coxe agreement — The "Greenland award" — The act of assembly for running the line — Failure of the act — The boundary dispute with New York — Burnet's attitude toward the proprietorship — His quarrel with Johnstone and Willocks — The revival of the council of proprietors — Nature of its organization and proceedings — Relations with Montgomerie and Cosby^The proprietorship weakened by the withdrawal of Lewis Morris — Futile efforts to adjust the question of the division line with West Jersey — Revival of the Elizabethtown controversy — The Schuyler case and its results — Increased difficulties of the proprietorship 667 xvi TABLE OF CONTENTS

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CHAPTER XXVIII

The Proprietorship under Royal Rule— West Jersey

Conflicting elements in the West Jersey proprietorship— Condition of the proprietary affairs at the beginning of royal rule — The conflict with Cornbury — Suspension of the council of proprietors — Its revival under Lovelace — Transactions relating to the ' ' new Indian purchase" — The council of proprietors captured by Col. Daniel Coxe — Relations with Hunter — Preparations for a fourth proprietary dividend — Appointment of a register and surveyor by the West Jersey Society — The influence of Coxe supplanted by that of Morris — The election of James Smith as register and of James Alexander as surveyor-general — Attitude of the West Jersey proprietorship in the boundary dispute — The council once more controlled by Coxe — He opposes the adjustment with East Jersey — Renewed conflict over the surveyor-generalship — Alexander succeeds in retaining office — Later work of the council^ Preparations for a fifth dividend — Business methods of the council. 702

CHAPTER 1 The Proprietorship in Land

A clear understanding of the somewhat complicated legal questions arising in the Province of New Jersey during the proprietary period is most readily reached by drawing a sharp distinction between the proprietorship as a form of land ownership and as a grant of governmental power. It is the purpose of this chapter to trace the changes in the title to the soil of the Province under the British Crown down to 1703. During most of the period from the English conquest of New Netherland to the establishment of royal rule, the proprietors of New Jersey were maintaining a government over the province. But there is no necessary logical connection between the two phases of colonial proprietorship, and it will greatly facilitate our task to discuss them separately.

According to the English law of the seventeenth century the title to the entire eastern shore of North America extending through from sea to sea lay in the British Crown in virtue of the discoveries of the Cabots. This claim was of very doubtful justice, but it was made good by the superior colonizing abilities of England. As for the Dutch claims upon the Hudson and the Delaware, they were never expressly recognized by the British government.

The great patent of 1606 to the London and Plymouth Companies made the territory now included in New Jersey a part of the zone in which either company might acquire territory. But neither one made any effort to plant settle-

[I ments in this region. Again, in 1634, while New Netherland was actually in possession of the Dutch, King Charles I, probably through the influence of Strafford, granted the province of New Albion to the Roman Catholic, Sir Edmund Ployden. New Jersey was included within its limits. But Sir Edmund possessed neither the ability nor the means to make New Albion a second Maryland, and the grant became a dead letter.

The act of Charles II in granting, on March 12, 1664, to his brother James, Duke of York, an extensive American territory coinciding in part with New Netherland is to be looked upon as the first enduring legal separation of the soil of what was to be New Jersey from the English Crown. New Jersey was, however, merely included in the sweeping gift and was not yet in any way marked off from the adjoining territories. The patent made over to the Duke of York, in addition to certain territories in New England, Long Island " lying and being toward the west of Cape Cod " and all the mainland from the west bank of the Connecticut to the east side of Delaware Bay. All this territory was to be held by the Duke in free and common socage as of the manor of East Greenwich, subject to the rent of 40 beaver skins annually if they should be demanded.^

A few years later James undoubtedly estimated the importance of colonial affairs more justly than any of the other Stuarts. But this fact was, in part at least, the result of his connection with the maritime affairs of England as Lord High Admiral and of his experience as proprietor of New York. In 1664 he does not seem to have known accurately the true value of what he had obtained.

This ignorance led him to commit a serious blunder at the very outset. While the expedition of Nicolls, which

' JVew Jersey Archives (first series), vol. i, p. 3.

was to clear his property from the obstruction of Dutch occupation, was still on the ocean, and, of course, before New Netherland was actually in his possession, the Duke executed, on June 23 and 24, 1664, deeds of lease and release to Lord John Berkeley and Sir George Carteret, by which he made over to them all " that tract of land lying and being to the westward of Long Island and Manhitas Island and bounded on the east part by the main sea and part by Hudson's river and hath upon the West Delaware Bay or river and to the northward as far as the northermost branch of the said Bay or River of Delaware which is 41° 40' of latitude and crosseth over thence in a straight line to Hudson's River in 41° of latitude, which said tract of land is hereafter to be called by the name or names of Nova Cesarea or New Jersey." In return for this magnificent grant the Duke received merely a nominal remuneration. The lease for one year was made in consideration of the sum of los and subject to the rent of a peppercorn. The release provided for a rent of 40 nobles annually if demanded.^

That the Duke should make such a grant to Berkeley and Carteret, who were prominent and typical figures at the Restoration court, was however, very natural. The Restoration was a time of great revival of interest in the colonies, and both noblemen were already connected with colonial affairs as proprietors of the Carolinas. Berkeley and Carteret were, moreover, tried and true Cavaliers who had fought and suffered in the King's cause and to whom, therefore, the Stuarts were under real obligation.

But the location of the grant in the midst of the Duke's possessions and almost cutting them in two made the gift a harmful one to James himself. Governor Nicolls of

^ New Jersey Archives (first series), vol. i, pp. 8, 10.

New York, in his irritation at being deprived of the territory, declared indeed that the gift was due to the machinations of Capt. Scott, the adventurer, whose claims upon Long Island had been passed over and who had other grievances against the Duke as well. Nicolls thought that this man in spite had influenced Berkeley and Carteret to ask for the land in question, knowing that James would thus lose much of his finest territory.^ There is, however, no further evidence of such an intrigue.

But the eyes of James were soon opened to the mistake which he had made. As soon as he heard of the grant. Gov. Nicolls wrote to the Duke protesting.- He stated that Berkeley and Carteret doubtless did not know how damaging their colony would be to the Duke and suggested that they be urged to take instead a grant lying along the two shores of the Delaware.^ Later, Samuel Maverick, one of the royal commissioners to New England, added his protest.* When, moreover, in 1668 Nicolls returned to England, he seems to have done all in his power to convince the Duke of the necessity of undoing the grant, if it was in any way possible.^ James for once appears to have been convinced, and when determined upon advancing his own interest he was never backward. His first step was the recovery of Staten Island which was taken from New Jersey upon the technicality that one arm of Hudson's River flowed around it." As the deeds making over the land to Berkeley and Carteret were undoubtedly legal, it is difficult to see how more could have been accomplished by active aggression.

* Brodhead, History of the State of New York (New York, 1853) , vol. ii, p. 149.

* Brodhead, op. cit., vol. ii, p. 149; Clute, Annals of Staten island (New York, 1877), p. 47.

But circumstances almost enabled the Duke by pacific means to regain what he had lost. Lord Berkeley was never much interested in the new lands, and just at this time he fell into disgrace at court owing to charges of corruption. He therefore offered to surrender his interests to James and to receive lands on the Delaware instead. Sir George Carteret also agreed to the exchange, and arrangements were almost concluded. But for some reason which can now only be surmised, though probably connected with the claims of Lord Baltimore to the western shore of Delaware Bay, the transfer fell through.^

The Dutch reconquest of New Netherland and the subsequent return of the country into English hands, however, gave James a golden opportunity, for by such conquest and recession, according to the principles of English law, all former grants and patents were annulled, and the whole territory once more fell directly beneath the power of the British Crown. The Duke of York at once obtained from his brother a new patent reconveying to him all the American territories which the former grant of 1664 had given him. This was esentially a new grant and did not even allude to the former one. It of course included New Jersey with the rest of the territory conveyed. Thus James was master of the situation by every legal principle and had recovered all his lost ground."