tempted to put a stop to it. He demanded payment of customs, asserted jurisdiction over New Jersey, seized and tried Carteret, and kept him in confinement until the matter could be referred to England. These highhanded measures roused even the pacific Quakers to remonstrance. Penn drew up a document, mild in tone, yet firm in asserting constitutional rights. By mutual consent, the disputed question was referred to the decision of Sir William Jones, one of the most eminent lawyers of the time. His opinion was unfavorable to the pretensions of the Duke of York, who thereupon, by a fresh instrument, resigned all claim to both West and East Jersey, which, left to develop the resources of the province freely, continued steadily to increase; and gave promise of its future rank in the colonial family.
Andros. on his first visit to England, had endeavored to convince the Duke of York that it would be necessary to concede a system of self-government to the discontented colonists. On a subsequent occasion his request was powerfully seconded by symptoms of determined opposition to the arbitrary levy of taxes under the sole authority of the Duke. A jury in New York had by their verdict, declared that they deemed this measure illegal, and the same opinion was expressed by the lawyers in England. Overwhelmed with fresh petitions from the council, court of assize, and corporation, praying that they might participate in the government, a request reinforced by Penn, whose influence with him was considerable, the Duke of York was at length compelled to yield, and Dongan, a Roman Catholic, was sent out as governor, empowered to accede to the wishes of the colonists, and to summon the freeholders to choose their representatives.
Accordingly, on the 17th of October, 1683, a meeting was held of the first popular assembly in the State of New York—consisting of the governor and ten counsellors, with seventeen deputies elected by the freeholders. A declaration of rights was passed; trial by jury was confirmed; and taxes henceforth were to be levied only with the consent of the Assembly. Every freeholder was entitled to a vote for the representatives; and religious liberty was declared.
Such was the spirit in which the Assembly proceeded to exercise their newly acquired powers. One of their acts was entitled "The Charter of Liberties and Privileges granted by his Royal Highness to the Inhabitants of New York and its Dependencies." The following year (1684) another session was held, to the great satisfaction of the colonists; but soon afterwards the flattering prospect thus opened to them of redressing their own grievances, and of managing their own affairs, was interrupted by the accession of the Duke of York to the throne of England, under the title of James II. Dongan had a new commission granted him, by which he was authorized, with his council, to enact laws, to continue the taxes already imposed, and if he saw fit, to impose additional taxes. As in the case of Efiingham in Virginia, he was specially charged to
