Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/146

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106
HISTORY OF THE COLONIES.
[BOOK I.

and to make laws, so "that the same be, as near as may be conveniently, agreeable to the primitive, ancient, and fundamental laws of England."[1]

§ 117. Whether these concessions became the general law of the province seems involved in some obscurity. There were many difficulties and contests for jurisdiction between the governors of the Duke of York and the proprietors of the Jerseys; and these were not settled, until after the Duke, in 1680,[2] finally surrendered all right to both by letters patent granted to the respective proprietors.[3] In 1681, the governor of the proprietors of West Jersey, with the consent of the general assembly, made a frame of government embracing some of the fundamentals in the former concessions.[4] There was to be a governor and council, and a general assembly of representatives of the people. The general assembly had the power to make laws, to levy taxes, and to appoint officers. Liberty of conscience was allowed, and no persons rendered incapable of office in respect of their faith and worship. West Jersey continued to be governed in this manner until the surrender of the proprietary government, in 1702.[5]

§ 118. Carteret died in 1679, and being sole proprietor of East Jersey, by his will he ordered it to be sold for payment of his debts; and it was accordingly sold to William Penn and eleven others, who were called the Twelve Proprietors. They afterwards took twelve more into the proprietaryship; and to the twenty-four thus formed, the Duke of York, in March, 1682, made his
  1. Smith's New-Jersey, 80, App. 521, &c.
  2. Chalmers says, in 1680, p. 619. — Smith says in 1678, p. 111.
  3. Smith's New-Jersey, 110, 111; 1 Chalm. Ann. 619, 626.
  4. Smith's New-Jersey, 126.
  5. Smith's New-Jersey, 154.