Province of New Jersey

The Province of New Jersey was one of the Middle Colonies of Colonial America and became New Jersey, a state of the United States in 1783. The province had originally been settled by Europeans as part of New Netherland, but came under English rule after the surrender of Fort Amsterdam in 1664, becoming a proprietary colony. The English then renamed the province after the Isle of Jersey in the English Channel. The Dutch Republic reasserted control for a brief period in 1673–1674. After that it consisted of two political divisions, East Jersey and West Jersey, until they were united as a royal colony in 1702. The original boundaries of the province were slightly larger than the current state, extending into a part of the present state of New York, until the border was finalized in 1773.[1]

Province of New Jersey

1664–1673
1702–1783
Flag
StatusProprietary Colony of England (1664–1673)
Royal Colony of England (1702–1707)
Royal Colony of Great Britain (1707–1783)
CapitalElizabethtown (1664–1673)
Perth Amboy and Burlington (1702–1783)
Common languagesEnglish, Dutch
GovernmentConstitutional monarchy
LegislatureCouncil
General Assembly
History 
• Established
1664
• Disestablished
1783
CurrencyNew Jersey pound
Preceded by		Succeeded by
New Netherland
New Jersey
Today part of United States
History of
New Jersey
Colonial period
American Revolution
Nineteenth century
Twentieth century
Twenty-first century
Timeline of New Jersey

Background
The relative location of New Netherland and New Sweden in eastern North America
See also: Colonial history of New Jersey; Bergen, New Netherland; and New Sweden

The Province of New Jersey was originally settled in the 1610s as part of the colony of New Netherland. The surrender of Fort Amsterdam in September 1664 gave control over the entire Mid-Atlantic region to the English as part the Second Anglo-Dutch War. The English justified the seizure by claiming that John Cabot (c. 1450 – c. 1508), an Italian under the sponsorship of the English King Henry VII, had been the first to discover the place, though it was probably to assert control over the profitable North Atlantic trade. Director-General of New Netherland, Peter Stuyvesant, (unable to rouse a military defense) relinquished control of the colony and was able in the articles of transfer to secure guarantees for property rights, laws of inheritance, and freedom of religion. After the surrender Richard Nicolls took the position as deputy-governor of New Amsterdam and the rest of New Netherland, including those settlements on the west side of the North River (Hudson River) known as Bergen, and those along the Delaware River that had been New Sweden.

Proprietary Government
See also: Province of New York
See also: Lords Proprietor (1665–1703) and Governors under the Proprietors (1664–1673)
Historical population
YearPop.±%
16701,000—    
16803,400+240.0%
16908,000+135.3%
170014,010+75.1%
171019,872+41.8%
172029,818+50.1%
173037,510+25.8%
174051,373+37.0%
175071,393+39.0%
176093,813+31.4%
1770117,431+25.2%
1780139,627+18.9%
1784149,435+7.0%
Source: 1670–1760;[2] 1784[3] 1770–1780[4]

In March 1664, King Charles II granted his brother, James, the Duke of York, a Royal colony that covered New Netherlands and present-day Maine.[5] This charter also included parts of present-day Massachusetts, which conflicted with that colony's charter. The charter allowed James traditional propriety rights and imposed few restrictions upon his powers. In general terms, the charter was equivalent to a conveyance of land conferring on him the right of possession, control, and government, subject only to the limitation that the government must be consistent with the laws of England. The Duke of York never visited his colony and exercised little direct control of it. He elected to administer his government through governors, councils, and other officers appointed by himself. No provision was made for an elected assembly.

Later in 1664, the Duke of York gave the part of his new possessions between the Hudson River and the Delaware River to Sir George Carteret in exchange for settlement of a debt.[6] The territory was named after the Island of Jersey, Carteret's ancestral home.[7] The other section of New Jersey was sold to Lord Berkeley of Stratton, who was a close friend of the Duke. As a result, Carteret and Berkeley became the two English Lords Proprietors of New Jersey.[8][9] The two proprietors of New Jersey attempted to attract more settlers to move to the province by granting sections of lands to settlers and by passing the Concession and Agreement, a 1665 document that granted religious freedom to all inhabitants of New Jersey;[10] under the British government, there was no such religious freedom as the Church of England was the state church. In return for the land, the settlers were supposed to pay annual fees known as quit-rents.

In 1665, Philip Carteret became the first Governor of New Jersey, appointed by the two proprietors. He selected Elizabeth as the capital of New Jersey. Immediately, Carteret issued several additional grants of land to landowners. Towns were started and charters granted to Bergen (1668) Woodbridge (1669), Piscataway (1666), Shrewsbury, Middletown (1693) and Newark (1666).

The idea of quitrents became increasingly difficult because many of the settlers refused to pay them. Most of them claimed that they owed nothing to the proprietors because they received land from Richard Nicolls, Governor of New York. This forced Berkeley to sell West Jersey to John Fenwick and Edward Byllynge, two English Quakers. Many more Quakers made their homes in New Jersey, seeking religious freedom from English (Church of England) rule.

Meanwhile, conflicts began rising in New Jersey. Edmund Andros, governor of New York, attempted to gain authority over East Jersey after the death of Proprietor George Carteret in 1680. However, he was unable to remove the position of governorship from Governor Phillip Carteret and subsequently moved to attack him and brought him to trial in New York. Carteret was later acquitted. In addition, quarrels occurred between Eastern and Western New Jerseyans, between Native Americans and New Jerseyans and between different religious groups. In the largest of these squabbles, the New York-New Jersey Line War some 210,000 acres (849.8 km²) of land were at stake between New York and New Jersey. The conflict was eventually settled by a royal commission in 1769.

East Jersey and West Jersey
1706 map of East and West Jersey
by John Thorton, surveyed by John Worlidge
See also: Governors of East Jersey (1674–1702) and Governors of West Jersey (1680–1702)

From 1674 to 1702, the Province of New Jersey was divided into East Jersey and West Jersey, each with its own governor. Each had its own constitution: the West Jersey Constitution (1681) and the East Jersey Constitution (1683).[11][12]

See also: Quintipartite Deed
See also: Keith line

The exact border between West and East Jersey was often disputed. The border between the two sides reached the Atlantic Ocean to the north of present-day Atlantic City. The border line was created by George Keith and can still be seen in the county boundaries between Burlington and Ocean Counties, and between Hunterdon and Somerset Counties. The Keith line runs NNW from the southern part of Little Egg Harbor Township, passing just north of Tuckerton, and reaching upward to a point on the Delaware River which is just north of the Delaware Water Gap. Later, the 1676 Quintipartite Deed helped to lessen the disputes. More accurate surveys and maps were made to resolve property disputes. This resulted in the Thornton line, drawn around 1696, and the Lawrence line, drawn around 1743, which was adopted as the final line for legal purposes.[13]

Dominion of New England
Main article: Dominion of New England

The Dominion of New England was a short-lived administrative union. On May 7, 1688, the Province of New York, the Province of East Jersey, and the Province of West Jersey were added to the Dominion. The capital was located in Boston but, due to its size, New York and the Jerseys were run by the lieutenant governor from New York City. After news of the overthrow of James II by William of Orange in the Glorious Revolution of 1688 reached Boston, the colonists rose up in rebellion, and the dominion was dissolved in 1689.

Royal colony
See also: Governors under Royal Government (1702–1776)

On April 17, 1702, under the rule of Queen Anne, the two sections of the proprietary colony were united and New Jersey became a royal colony. Edward Hyde, Lord Cornbury, became the first governor of the colony as a royal colony. However, he was an ineffective and corrupt ruler, taking bribes and speculating on land. In 1708, Lord Cornbury was recalled to England. New Jersey was then again ruled by the governors of New York, but this infuriated the settlers of New Jersey, accusing those governors of favoritism to New York. Judge Lewis Morris led the case for a separate governor, and was appointed governor by King George II in 1738.[14]

New York–New Jersey Line War

The New York – New Jersey Line War was a series of skirmishes and raids that took place for over half a century between 1701 and 1765 at the disputed border between two American colonies, the Province of New York and the Province of New Jersey.

Border wars were not unusual in the early days of settlements of the colonies and originated in conflicting land claims. Because of ignorance, willful disregard, and legal ambiguities, such conflicts arose involving local settlers until a final settlement was reached. In the largest of these squabbles some 210,000 acres (850 km2) of land were at stake between New York and New Jersey.

Provincial Congress
Main article: Provincial Congress of New Jersey
The Province of New Jersey, Divided into East and West, commonly called The Jerseys,
1777 map by William Faden

The Provincial Congress of New Jersey was a transitional governing body of the Province of New Jersey in the early part of the American Revolution. It first met in 1775 with representatives from all New Jersey's then-thirteen counties, to supersede the Royal Governor.

First state constitution
See also: History of the New Jersey State Constitution

New Jersey's first state constitution was adopted on July 2, 1776.[15] The American Revolutionary War was underway and General George Washington recently had been defeated in New York, putting the state in danger of invasion.[15] The 1776 New Jersey State Constitution was drafted in five days and ratified within the next two days to establish a temporary government, thereby preventing New Jersey from collapsing and descending into anarchy.[16] Among other provisions, it granted unmarried women and blacks who met property requirements the right to vote.[15]

Judiciary

The Supreme Court was established in 1704, to sit alternately at Perth Amboy and Burlington, consisting of a Chief Justice, a Second Judge and several Associate Judges.

Chief Justices [17]
Incumbent Tenure Notes
Took office Left office
Roger MompessonOct 17041709
Thomas Gordon28 Apr 17091709
Roger Mompesson170914 Feb 1710
David Jamison17101723
William Trent23 Nov 172325 Dec 1724
Robert Lettis Hooper2 Jan 17251728
Thomas Farmar17281728
Robert Lettis Hooper17291738
Robert Hunter Morris17 Mar 173927 January 1757disputed resignation in 1754, left for England 1757
William Aynsley16 Feb 1757May 1758
Robert Hunter Morris176127 Jan 1764restored to office
Charles Reade20 Feb 17641764
Frederick Smyth17 Oct 17641766
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See also

References
  1. The New York – New Jersey Line War (also known as the "N.J. Line War") refers to a series of skirmishes and raids that took place between 1701 and 1765 at the disputed border between two American colonies — the Province of New Jersey and the Province of New York.
  2. Purvis, Thomas L. (1999). Balkin, Richard (ed.). Colonial America to 1763. New York: Facts on File. pp. 128–129. ISBN 978-0816025275.
  3. Purvis, Thomas L. (1995). Balkin, Richard (ed.). Revolutionary America 1763 to 1800. New York: Facts on File. p. 153. ISBN 978-0816025282.
  4. "Colonial and Pre-Federal Statistics" (PDF). United States Census Bureau. p. 1168.
  5. "Timeline". New York State Senate. Retrieved 15 July 2016.
  6. Turner, Jean-Rae and Richard T. Koles (Aug 27, 2003). Elizabeth: First Capital of New Jersey. Arcadia Publishing. p. 11. ISBN 0738523933.
  7. The province was also called "the Province of New Caesaria or New Jersey". See: Philip Carteret.
  8. Rieff, Henry, "Interpretations of New York-New Jersey Agreements 1834 and 1921" (PDF), Newark Law Review, 1 (2), archived from the original (PDF) on May 6, 2006
  9. "Land Speculation and Proprietary Beginnings of New Jersey" (PDF). The Advocate. New Jersey Land Title Association. XVI (4): 3, 20, 14. Retrieved April 15, 2010.
  10. The Concession and Agreement was the first of three fundamental documents that governed the Province of New Jersey. See: New Jersey State Constitution#Previous versions. See also: History of the New Jersey State Constitution. For the other two fundamental documents, see #East Jersey and West Jersey.
  11. Avalon Project. "Province of West New-Jersey, in America, The 25th of the Ninth Month Called November". Yale Law School. Archived from the original on 2007-01-02. Retrieved 2006-12-17. Avalon Project. "The Fundamental Constitutions for the Province of East New Jersey in America, Anno Domini 1683". Yale Law School. Archived from the original on 2006-12-05. Retrieved 2006-12-17.
  12. See: New Jersey State Constitution#Previous versions. See also: History of the New Jersey State Constitution. In addition to these two fundamental documents, a third such document was the Concession and Agreement. See: #Settlement and early history.
  13. Aun, Fred (January 1995). "A Fine Old Line Across New Jersey". Coordinate. 15 (1). Retrieved 2 May 2013.
  14. Streissguth pg 30–36
  15. See: New Jersey State Constitution#Previous versions.
  16. "The New Jersey Constitution of 1776". Retrieved 2006-12-17.
  17. Tanner, Edwin. The province of New Jersey, 1664-1738 (Volume 1).
  • Colonial Charters, Grants and Related Documents (at "New Jersey"). The Avalon Project: Documents in Law, History and Diplomacy. Lillian Goldman Law Library (Yale Law School). Retrieved 2010-03-14. This website has links to the following documents:
    • 1664 – The Duke of York's Release to John Ford Berkeley, and Sir George Carteret, 24 June
    • 1664 – The Concession and Agreement of the Lords Proprietors of the Province of New Caesarea, or New Jersey, to and With All and Every the Adventurers and All Such as Shall Settle or Plant There
    • 1672 – A Declaration of the True Intent and Meaning of us the Lords Proprietors, and Explanation of There Concessions Made to the Adventurers and Planters of New Caesarea or New Jersey
    • 1674 – His Royal Highness's Grant to the Lords Proprietors, Sir George Carteret, 29 July
    • 1676 – The Charter or Fundamental Laws, of West New Jersey, Agreed Upon
    • 1676 – Quintipartite Deed of Revision, Between E. and W Jersey: July 1
    • 1680 – Duke of York's Second Grant to William Penn, Gawn Lawry, Nicholas Lucas, John Eldridge, Edmund Warner, and Edward Byllynge, for the Soil and Government of West New Jersey-August 6
    • 1681 – Province of West New-Jersey, in America, The 25th of the Ninth Month Called November
    • 1682 – Duke of York's Confirmation to the 24 Proprietors: 14 March
    • 1683 – The Fundamental Constitutions for the Province of East New Jersey in America
    • 1683 – The King's Letter Recognizing the Proprietors' Right to the Soil and Government
    • 1702 – Surrender from the Proprietors of East and West New Jersey, of Their Pretended Right of Government to Her Majesty
    • 1709 – The Queen's Acceptance of the Surrender of Government; April 17
    • 1712 – Charles II's Grant of New England to the Duke of York, 1676 – Exemplified by Queen Anne
    • 1776 – Constitution of New Jersey

Further reading
  • Cunningham, John T. Colonial New Jersey (1971) 160pp
  • Doyle, John Andrew. English Colonies in America: Volume IV The Middle Colonies (1907) online ch 7–8
  • McCormick, Richard P. New Jersey from Colony to State, 1609–1789 (1964) 191pp
  • Pomfret, John Edwin. Colonial New Jersey: a history (1973), the standard modern history

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