CHAP. XI.
Manner of the
West-Jersey Government in 1684; Their unsettled state, and
succession of
governors; Danger of suffering for want of food in 1687; The
division line run
by G. Keith, and agreement between the governors Coxe and
Barclay;
Alteration in the manner of locating lands in West-Jersey, and the
method now in use
fixed; No person in West-Jersey to purchase from the
Indians, without
the consent of the council of proprietors; and
instructions
respecting deeds and warrants for taking up lands.
The assembly of
West-Jersey at their meeting the 20th of the third month,
this year chose
Thomas Olive governor, and chairman or speaker; in both
which capacities
the governor now acted; the several branches of the
legislature we
have seen doing their business in common together; the
peoples choice
the foundation of the whole, whose representatives were
distinctly
returned from their respective first, second, third and Salem
tenths, (which
were all the tenths yet settled) at their first meetings
they chose the
governor, council, commissioners to lay out land, and all
the other
officers of government.
Olive had been
twice governor of West-Jersey before, and continued on the
last choice in
that station for a year past;1 but Byllinge having desisted
from the claims
which the assembly and their constituents had thought
unjust, and which
had been the cause of their undertaking in opposition to
him to choose the
governor, and he in this year sending a fresh commission
to John Skeine to
be his deputy,2 the assembly and people submitted to
him, tho' they
had before refused William Welsh in that capacity, while
Byllinge
continued the claims aforesaid: Skeine died in the twelfth month
1687; but Dr.
Daniel Cox, of London, the greatest proprietor of West-
Jersey,3 was the
September before appointed to succeed him; he continued
in that station
'till about the year 1690, 4 having appointed Edward
Hunloke his
deputy; sometime afterwards a commission was sent to John
Tatham, who being
a jacobite; and as such by principle disqualified, him
the assembly
rejected; on which the proprietors sent a commission in 1692
to Andrew
Hamilton.5 He was accepted and continued governor of West-Jersey,
while it remained
under the proprietary jurisdiction, tho' with some
interruption in
1698, of which hereafter; being also some part of the time
governor of both
East and West-Jersey, and Pennsylvania.
The year 1686,
seems to have been a dangerous one in East-Jersey, if the
law then passed
against wearing swords was properly founded: According to
that, several
persons had received abuses, and were put in great fear from
quarrels and
challenges; to prevent it for the future, none by word or
message, were to
make a challenge, upon pain of six months imprisonment
without bail or
mainprize, and a ten pound fine; whoever accepted or
concealed the
challenge, was also to forfeit ten pounds; no person was to
wear any pocket
pistols, skeins, stilladers, daggers or dirks, or other
unusual weapons,
upon pain of five pounds forfeiture for the first
offence, and for
the second to be committed; and on conviction imprisoned
for six months,
and moreover to pay a fine of ten pounds; no planter was
to go arm'd with
sword, pistol, or dagger, upon penalty of five pounds.
Officers, civil
and military, soldiers in service, and strangers
travelling upon
lawful occasions, were excepted. This law for any thing
that appears, is
yet in force.
The settlers in
both West Jersey, and Pennsylvania, about the year 1687,
were put to difficulties
on account of food; their crops having in great
part failed;
several families had already spent their last, and were
forced to subsist
on what was spared by such of their neighbours as were
better provided;
these were few in proportion to the mouths to be filled:
Some nigh the
rivers had lived weeks upon fish, others were forced to put
up with herbs;
but unexpectedly to many arrived a vessel from New-England
to Philadelphia,
laden with corn, which proved an agreeable supply; this
vessel meeting
with a good market others soon followed; so that the
settlers were not
afterwards exposed to the like necessity for want of
food.
In this year,
George Keith, surveyor-general of East-Jersey, by order of
the proprietors
there, attempted to run the division line between East and
West-Jersey;
pursuant to an award on the terms established in the
quintipartite
deed.6 He began with a line from little Egg Harbour, north
by west and three
degrees five minutes more westerly, as the compass then
pointed for a
part; the line he run sixty miles in length, 'till he fell
upon the corner
of Dobie's plantation, on the south branch of Rariton:
This, by order of
the council of proprietors of West-Jersey, in or about
the year 1721,
was traversed by John Chapman, esteemed a careful surveyor;
upon the
computation it appeared, that the line at the time of his
traverse, was
north sixteen degrees and forty three minutes west, which
leaves a varation
of two degrees and twenty three minutes in that thirty-
four years. The
remaining part of Keith's line was from Dobie's plantation,
along the rear of
that and other tracts and plantations, as they were
before patented
and surveyed in right of the proprietors of the eastern
division of New-Jersey,
until it intersects that part of the north branch
of Rariton river,
which descends from a fall of water, commonly called and
known by the
Indian name of Allamitung then running from that point
intersection up
the branch of stream of the fall of Allamitung.
Upon the original
running this line, the western proprietors thought too
much of their
best lands were surveyed to the eastward; and were uneasy
with it. In the
fall 1688, the governors of East and West-Jersey, on
behalf of each
division, entered into the following agreement:
"London,
September 5, 1688.
"It is
agreed this day, by Dr. Daniel Coxe, governor of the province of
West-Jersey, on
behalf of himself, and all the rest of the proprietors of
that province, on
the one part; and Robert Barclay, governor of the
province of
East-Jersey, on behalf of himself and all the rest of the
proprietors of
that province, on the other part; as followeth, viz. For
the final
determination of all differences, concerning the deed of
partition; and
all other disputes and controversies about dividing the
lands, and
settling the bounds between East and West-Jersey.
"1. The line
of partition run strait from little Egg-Harbour, to the most
westerly corner
of John Dobie's plantation, as it stands on the south
branch of Rariton
river, shall be the bounds so far between East and West-
Jersey, and shall
not be altered; but remain as it stands, on a printed
draught of the
proprietors lands, surveyed in East-Jersey, and drawn by
John Reid, and
since printed here.
"2. From
thence to run along the back of the adjoining plantations, until
it comes to James
Dundass his plantation; and from thence, at the most
north westerly
part thereof, a line to lye down with a line on the back of
those plantations,
and so to run north eastward, 'till it touch the north
branch of Rariton
river, as it is struck upon the map already; but saving
the plantations
already laid out, to be within the line, if they happen to
stand a little
more westerly than that line is marked. "3. From the north
end of the line,
where it touches Rariton north branch; thence forward the
largest stream or
current of water belonging to the said north branch,
shall be the
bound or partition; and so continuing along the same, unto
the north end
thereof, for the bounds so far.
"4. From the
said north end of the branch, a short strait line to run to
touch the nearest
part of Passaick river; and so following the course of
that river,
continuing Poquanick river, so long as it runs northerly or
north westerly;
those rivers still to be the bounds between both
provinces; and if
Poqnanick river do not run far enough to the latitude of
forty one
degrees; then from the said river, a straight line to be run
northward to the
latitude; and that to be the utmost north partition point,
and from the said
point in a strait line due east to the partition point on
Hudson's river,
between East-Jersey and New-York: Provided always, that
all plantations
and tracts of land, laid out and surveyed, before this
agreement arrives
in East-Jersey, shall remain to the parties concerned;
and the partition
shall so run as to include them within East-Jersey
bounds.
"Lastly, Dr.
Coxe doth covenant and promise, to make good the agreements
above written,
and warrant the title and quiet possession of all the lands
so to be
appropriated to the proprietors of East-Jersey, according to the
limits and bounds
abovementioned, against all persons that shall or may
pretend, or claim
any interest to any of the said lands, as West-Jersey
proprietors: And
Robert Barclay doth covenant and promise, to make good
the agreement
above written, and warrant the title and quiet possession of
lands, so to be
appropriated, to the proprietors of West-Jersey, according
to the limits and
bounds abovementioned, against all persons that shall or
may pretend or
claim any interest to any of the said lands, as East-Jersey
proprietors: For
performance of all and every the respective articles and
covenants herein
mentioned; they do mutually bind themselves, each to the
other, in the sum
of five thousand pounds, to be well and truly paid on
the breach of any
of the clauses and covenants, herein before mentioned.
In witness
whereof, they have interchangeably set their hands and seals,
the day and year
first above written.7
"ROBERT
BARCLAY.
"Sealed and
delivered in the presence of
"DAVID
HEWLING.
"STEPHEN
LUCOCK.
Notwithstanding
this agreement, and that the parties have at several times
seemed desirous
the line should be properly run out and fixed; the
necessary
preliminaries could never yet be sufficiently settled; those of
East-Jersey being
thought by the western proprietors to have the advantage
in every step
hitherto taken; while they on the contrary, have not been
wanting to
alledge their reasons.8 In order to keep the transactions
relative to the
division line together, we are necessarily brought forward
in course of
time, with respect to the manner of locating the proprietors
lands in
West-Jersey; the divisions and sub-divisions of shares had
multiplied
demands, and introduced a necessity for other measures than had
been hitherto in
practice; accordingly in 1687, the proprietors found it
expedient to
enter into the following agreement:
"Whereas by experience
it hath been found, that the concerns particularly
relating to the
proprietors of the province of West New-Jersey, by reason
of the great
difficulty of getting them together, upon several emergent
occasions, have
been greatly detrimental not only to the carrying on and
progress of the
same necessary and publick concerns, but also very
chargeable and
burthensome to the said proprietors, especially those of
them who live at
a great distance; and also complained of by the members
of the general
assembly, as taking up a great part of their time, in an
affair
particularly relating to the proprietors; and finding that the
affair touching
the publick concerns of the said proprietors, may be
carried on with
far less charge and burthen to the whole, and with more
effect by such
number of persons, as by the proprietors shall be esteemed
fit and qualified
on their behalf, to transact and agitate their publick
affairs as
proprietors: We therefore, underwritten proprietors of the
province
aforesaid, being met together at Burlington, in the same
province, this
fourteenth day of the twelfth month, anno 1687, by a
general
appointment of the same proprietors; do therefore unanimously
agree together as
followeth, (viz.) That eleven proprietors within the
said province,
shall be yearly and every year, nominated, elected and
chosen, by and
amongst the said proprietors, to be commissioners and
trustees at a day
certain; six whereof in the county of Burlington, and
five within the
county of Gloucester, in the province aforesaid; who shall
be, and are
impower'd to act and plead in all such affairs, as do, and
shall generally
concern the body of the said proprietors of the same
province, as
fully and effectually as if the whole body of the same
proprietors were
together, and should personally do, and conclude the
same; which act
and acts, thing and things, by the same commissioners and
trustees for the
time being, so from time to time to be done and performed
as aforesaid, we the
said proprietors do hereby ratify, establish and
confirm; and we
do hereby nominate and appoint our trusty friends Samuel
Jenings, Thomas
Olive, William Biddle, Elias Farre, Mahlon Stacy, Francis
Davenport, Andrew
Robeson, William Royden, John Reading, William Cooper,
and John Wills,
commissioners and trustees for the year next ensuing, to
do, act and
officiate in the affairs aforesaid, until the tenth day of the
second month,
anno domini 1688; and we do hereby agree and appoint, that
each and every of
the said commissioners and trustees now elected and
chosen, and from
time to time hereafter to be elected and chosen, shall
have and be
allowed two shillings per day, for each and every day they
shall be
concerned to act in the affair aforesaid; the same to be paid by
the proprietors
of the province proportionably to their respective shares
of the said
province. In testimony whereof, we the proprietors of the
province
aforesaid, have to this instrument, in this and the schedule
hereunto affixed,
put our hands, dated the fourteenth day of the twelfth
month called
February, anno domini 1687."
"At a
meeting of the proprietors at Burlington, this sixth of the seventh
month, in the
year 1688; it is agreed, that five of the commissioners
shall be a quorum
in all their meetings, and shall have power to act in as
full manner as if
the whole number of eleven were present; and it is
further agreed,
that the said commissioners shall meet at least once a
quarter, the day
after each quarter sessions.
"Thomas
Hutchison, Christopher Wetherill, Thomas Butcher, John Pancoast,
Henry Grubb, John
Tatham, Thomas Barton, John Wooleton, Robert Turner,
Thomas Budd,
George Hutchinson, John Dayes, John Shinn, Henry Wood, John
Kay, Thomas
Matthews, Thomas Sharp, Isaac Marriot, Bernard Devonish,
Samuel Oldale,
Thomas French, Percival Towle, Francis Collins, Thomas
Gardiner, Daniel
Wills, William Meyers, Anthony Elton, John Hugg, Richard
Herritage,
William Bate, William Alberson."
An instrument of the
same form and date, signed in Gloucester county, by:
Woolla Dalbo,
William Cooper, William Alberson, John Ladd, John Hugg, jun.,
John Wills,
Thomas Sharp, John Rambo, Robert Zane, James Atkinson, Francis
Collins, Thomas
Thackera, John Hugg. Indorsed on the back side:
"We the
within subscribers, do approve of, ratify and confirm the persons
within mentioned,
to serve as our representatives for the year ensuing,
with these
alterations following, viz. instead of Mahlon Stacy and Francis
Davenport, that
John Tatham and George Hutchinson, be elected and serve in
their stead; and
in place of William Cooper, Thomas Gardiner, jun. is
elected to serve
in his stead; and that instead of eleven trustees, there
shall be but nine
for the year ensuing; five of which shall make a quorum:
All which is
consented to, concluded, and agreed upon, this first of the
first month, at
Gloucester, anno 1688, by the proprietors within
subscribed."
On this agreement
with some little variations afterwards, is founded the
present constitution
of the council of proprietors of West-Jersey; the
following
minutes, being some of their first proceedings thereafter, shows
their method and
practice for some time after the establishment of the
said
constitution.
"At a
meeting of several proprietors of West-Jersey, at Burlington, on the
sixth day of the
seventh month, anno domini 1688.
"It was then
and there debated, and being put to the vote, agreed by the
proprietors then
present, that every proprietor, and every person
interested in proprieties,
shall pay to the use of Daniel Coxe, to any
person appointed
to receive it, as a reimbursement for the money laid out
by him, in the
Indian purchase lately made in the lower counties, the sum
of twelve
shillings and six pence for every thousand acres, and so
proportionably to
be taken up out of that purchase; the first year to begin
the first day of
April last past, and from that time twelve months, to
advance eighteen
pence upon every year ensuing, until the time that the
money aforesaid
to be paid for; the land to be laid out within the bounds
of the same
purchase, as consideration for the monies disbursed by the
said Daniel Coxe
in the said Indian purchase of the whole tract, which,
by the surveyor
Andrew Robeson, is computed to be three hundred thousand
acres of good
land, capable and worthy of improvements; which money being
paid, the party
so paying shall be acquitted of all other payments on the
consideration
aforesaid.
"2. That the
surveyor for the time being, be engaged not to set out any
land within the
limits of this Indian purchase, until the money
abovementioned be
paid and secured as abovesaid.
"3. And it
is further agreed that for the land taken up by order of the
said Dr. Coxe,
above the falls of Delaware, every proprietor taking up any
part thereof,
shall pay to Dr. Coxe, or his order, the sum of twenty-five
shillings per
thousand acres, and two shillings and six pence yearly
consideration,
'till the money be paid."
"At a
meeting of the council of proprietors, being nominated, elected and
constituted by
the proprietors of the province of West-Jersey, to
negotiate their
affairs for the year ensuing, held at Burlington, the
eighteenth day of
September, anno domini, 1688.
"Elected, Thomas
Olive, Andrew Robeson, Samuel Jenings, Francis Davenport,
William Biddle,
Mahlon Stacy, William Roydon, William Cooper and John
Reading; five of
which shall make a quorum. "Present at this meeting,
these persons;
Thomas Olive, Andrew Robeson, Samuel Jenings, William
Biddle, Francis
Davenport, William Roydon, William Cooper. Thomas Olive,
president.
"Imprimis,
It is agreed, ordered and concluded by authority of the council
abovesaid, That
Samuel Jenings be, and is hereby appointed commissioner,
to examine all
deeds, taking a minute of the same, and issue warrants to
the surveyor
general, for the surveying and taking up of lands; keeping a
record of the
same, and this for the inhabitants within the county of
Burlington, or to
any others as occasion shall require.
"2. It is
likewise agreed and ordered, that John Reading shall perform the
same service, for
the inhabitants within the county of Gloucester; and to
all others as
occasion shall require.
"3. And it
is ordered and appointed, that for the support of their
service, every
warrant for land under one hundred acres, shall pay the sum
of one shilling;
and one hundred acres and above, under one thousand,
shall pay the sum
of eighteen pence; and one thousand acres and upwards,
shall pay the sum
of two shillings and six pence.
"4. And it
is further ordered, that the said Samuel Jenings and John
Reading, shall,
upon demand of this council, at any time, deliver into
them a copy of
their said minutes by them taken from time to time.
"5. And it is
ordered and appointed by the authority aforesaid, that
Andrew Robeson,
the surveyor general, shall from time to time, upon demand
of this council,
make return to them of all warrants executed by him, that
have not been
returned before.
"6. And it
is likewise ordered and appointed by this council, That Mahlon
Stacy, John Day,
William Wood and John Hollinshead, shall be rangers for
the county of
Burlington and upwards; and John Kay, Thomas Sharp and
Israel Helme,
jun. shall be rangers for the county of Gloucester, for the
year ensuing.
"7. It is
also concluded and ordered, that no person or persons
whatsoever, shall
presume to purchase any land from the Indians, without
the consent of
this council first obtained, otherwise to be prosecuted as
our common enemy."
The council
adjourns until the fourth day of November next:
"At a
meeting of the council of proprietors in Burlington, upon the tenth
day of eighth
month, anno 1688.
"Present in
council, Thomas Olive, president. Andrew Robeson, William
Biddle, Samuel
Jenings, William Royden, John Reading.
"Imprimis,
whereas John Skene is appointed by the secretary and register
general of the
dominion and territories of New-England, to receive the
records, rolls
and papers from Thomas Revel and John Reading, who hath
already demanded
the same; and the said Thomas Revel and John Reading,
making their
application to the council, to know their pleasure therein.
"The council
have, and do order, that all records relating to government,
may be delivered according
to the secretary's order; but such as relate to
lands they judge
to be the proprietors property, and that they ought to
abide and remain
with them, and hope the governor is already satisfied
therewith."
The council
adjourns 'till the sixth hour in the morning, on the 11th day:
"The
eleventh of the eighth month.
"Agreed and
concluded, that all deeds granted only by Edward Byllinge, in
and before the
year 1682, shall be adjudged and esteemed insufficient for
the commissioners
to grant warrants upon." The form of the commissioners
commission:
"A. B. thou
art hereby authorized, by the power and order of the council
of proprietors,
to be commissioner for the county of - - - - - for the
examining of
deeds, and granting warrants, for the taking up of lands
within the
province of West-Jersey; well and faithfully in all things
discharging thy
said office; and the trust in thee reposed, according to
the instructions
herewith sent; to the best of thy skill, and
understanding.
"Given,
under my hand and seal, the &c." Instructions for the
commissioners to
observe and follow, in their examining of deeds, and
granting of
warrants for the taking up of lands.
"1. Agreed
and ordered by the council aforesaid, that the commissioners
grant no warrants,
but upon the producing of good deeds, authentic copies,
or an extract of
the record of such deed under the register's hand, &c.
"2. That all
deeds granted only by Edward Byllinge, in and before the year
1682, shall be
accounted insufficient for the commissioners to grant
warrants upon.
"3. That
there shall be given a particular warrant for every several
deed, or
particular purchase.
"4. That the
president of the council for the time being, shall, from
time to time,
grant warrants for the commissioners, for the taking up of
their own lands.
"5. That the
commissioners shall not direct their warrants to the
surveyor-general
for the laying forth of his own lands, but to some other
person, at the
discretion of the commissioner that gives forth the warrant.
"6. That
every proprietor coming for a warrant, shall first sign to an
iustrument, to be
presented to them, for their compliance, to pay his, and
their respective
and proportionable share of such incident charge, for the
management of the
proprietors affairs; as in the said instrument here
following, may
further appear."
The form of the
instrument to be signed by the proprietors before they have
warrants granted
for the taking up of their lands:
"We the
subscribers having taken into consideration the necessity of the
incident charges,
that will attend the council of proprietors, in the
employ and
concern wherein we have placed, and constituted them, for the
carrying on, and
discharging of those inevitable charges that will follow
upon the prosecution
of our affairs; we do therefore hereby bind, and
oblige ourselves;
each for himself, and not for one another, to comply
with, and pay our
proportions respectively of the aforesaid charges, as
our said council
shall from time to time give us an account of, and find
needful to be
raised: In witness whereof we have hereunto set our hands,
the &c."
The council
adjourns 'till the 7th hour in the morning, being the 12th day
of October, Anno
1688.
"The 12th
day of the 8th month.
"The council
being met, they ordered the writing of a letter to the
governor, to
request the secretary to permit the records of lands to rest
in the same hands
they have formerly been; forasmuch as they conceive they
properly belong
to the proprietors.
"The council
likewise order another letter to the secretary, to signify
the receipt of
his warrant, by Thomas Revell and John Reading, for the
delivery of all
records, rolls, &c. and do desire the secretary, that
the records of
lands may still remain in the said Thomas Revell and John
Reading's hands:
But for other records that relate to government, may be
disposed of
according as he shall appoint."
We have before
given a summary of some of the first laws published in the
eastern and
western divisions, while under proprietary management; from
that time
forward, 'till the surrender of the government, many others were
passed in both;
but being either framed to particular occasions, or
afterwards in
part repealed or supplied, and most of them of no great
public concernment
now, further repetition of them here was thought
unnecessary.
In the year 1691,
Dr. Coxe conveyed the government of West-Jersey and
territories, to
the West Jersey Society, consisting of the following
persons: Sir
Thomas Lane, knt., Michael Watts, Edward Harrison, Thomas
Skinner, James
St. Johns, Nicholas Hayward, Mordecai Abbot, Nicholas
Battersby, Robert
Curtis, John Jurin, Richard Bramhall, Robert Mitchell,
Charles Mitchell,
James Boddington, John Gunston, Arthur Shallet, John
Lamb, William Wightman,
Joseph Brooksbank, William Thompson, Henry
Harrington, John
Love, Thomas Phipps, Isaac Cocks, John Sweetable, Thomas
Bromfield, John
Norton, Robert Hackshaw, John Bridges, Joseph Paise,
Edward Richier,
William Dunk, Edward Habberdfield, John Alberson, Edward
West, Edward
Paunceford, Obadiah Burnet, Francis Michel, Benjamin Steele,
John Slaney,
Nehemiah Erwing, John Wilcocks, Richard Mayo, Jonah
Netteeway,
William Brooks, Tracey Pauncefort, Joseph Allen, and Richard
Greenaway.
1 His salary was
twenty pounds a year.
2 Skein's salary
beside the fees, was said to be thirty bushels of rye.
3 He own'd
twenty-two shares of propriety.
4 Governor Coxe
soon after his appointment to that station, wrote the
following letter
to the council of proprietors of West-Jersey:
"After Mr.
Bylling's decease, his heirs were greatly ignorant of his
concerns relating
unto West-Jersey, and therefore resolved to sell his
interest both in
government and property; and that they had begun to treat
with a person who
would probably have made the condition of the
proprietors and
inhabitants very uneasy: I and another of the chief
proprietors
having together a very great share of the country, applied
ourselves for
advice unto the lawyers, being assured by the most eminent
that however
Bylling's concessions might in conscience bind him during his
life; they were
not always obligatory to a purchaser or successor, because
said concessions
were made before his right of government was granted; we
thereupon
consulted with several proprietors and others, well wishers to
your colony,
amongst whom it was agreed and resolved to be for the good of
your country, and
our own security, that one amongst us should purchase
from the heirs of
Mr. Byllinge, all his, and their interest in property
and government;
and because my proportion of land was greater, or that they
apprehended me
capable of serving them, or to have more money at command,
or because they
had ever preceived me to be zealous and active to promote
the good of the
province: I was earnestly pressed and requested to make a
purchase of the
government and properties annexed thereunto wherewith
having complied,
that I might demonstrate the disenterestedness of my
undertaking; and
that I did primarily propose the welfare and benefit of
the people, and
prefer it to my private advantage. I did many times
proffer Mr. Penn,
Mr. Ford and others, who pretend to understand most of
your minds what
was for your good, and to be as it were kind of trustees
for you: That if
they would contrive any method, whereby the government
might be legally
and severally invested in the proprietors, or people
without a
governor; or if they would find any person more fit to discharge
the office of
government, or who might prove more acceptable to the people
than myself; I
was willing to consign or reconvey all my estate, power,
authority as I
had received it and upon the same condition, not desiring
the least advance
beyond what they all know I had disbursed; but not
finding any
proposal to meet with any other return, than an invitation to
proceed, and good
wishes that I might therein prove successful; and
finding that all
the proprietors in or near London, whom I could convene,
were greatly
satisfied with my conduct, encourageing me to expect they
would meet with
like acceptance from the proprietors and inhabitants of
West-Jersey: I
thereupon thought fit to recommunicate unto you the whole
transaction of
this affair; as likewise what I expect from you the
proprietors and
inhabitants of West-Jersey; and what you may reciprocally
challenge from
me: I do therefore hereby give you to understand, that
whereas all the
gentlemen of the law, who have been hitherto consulted, do
unanimously agree
that the government of the province of West New-Jersey,
is legally in me
as full as Pennsylvania in Mr. Penn, or East Jersey in
the proprietors
there: I thereupon assumed the tide of governor and lay
claim to the
powers and authority thereunto annexed, and I am resolved by
the assistance of
Almighty God, to exercise the jurisdiction by his royal
highness, his
last deed or grant unto me conveved, with all integrity and
faithfulness and
diligence for the benefit and welfare of those, over whom
divine providence
hath constituted me (under our sovereign) superintendant
or chief overseer;
always prefering publick emolument, before my own
private advantage
; and may I succeed in my undertakings, well or ill,
according as I
pursue or violate this resolution and engagement; and I am
contented this my
declaration be recorded, that it may continually
reproach and
condemn me if I ever recede therefrom. And whereas Mr.
Byllinge, in his
former concessions, hath given his consent, and ratified
diverse laws in
the said grant, stiled fundamentals; the first concerning
liberty of
conscience, the second, that no person shall be deprived of
life, limb,
estate, property, privilege, freedom, franchises, without a
due trial and
judgment, passed by a jury of twelve good and lawful men in
the neighbourhood;
the person excepting, if he please, against thirty-
five, without any
reason rendred, and more if he assign a just cause: I
hereby declare,
that I do in my heart highly approve the said fundamental
laws and
concessions, and am ready to confirm them; and withall, I do
faithfully
promise, that to the utmost of my ability, I will cause them to
be most
inviolably observed, as also those three furdamentals after
mentioned. If
your assembly shall desire the continuance of them, and
that it appears,
nothing is therein contained contrary to the laws of
England, which
extend to our colony; by the breach whereof, we inevitably
expose ourselves
unto the forfeiture of our charter, which, next to the
blessing of God,
and protection of our prince, is our greatest comfort and
security; and
that you may all become fully satisfied: I do not intend to
arrogate unto
myself any absolute despotic power. I have thought fit to
add, that whereas
it is generally acknowledged by all intelligent
disinterested
persons, the government of England by a sovereign prince,
upon weighty
considerations of making or repealing laws, levying taxes,
consulting with
his parliament, is the best of constitutions, and diverse
of our English
plantations, having in imitation hereof joined with the
governor and
assembly or parliament: I do hereby declare my full and free
approbation of
such constitution in your province, and I shall confer upon
your assembly,
all the powers and privileges consistent with the ends
of good
government, the redressing grievances, and promoting the peace and
prosperity of the
province; and I make my request you would with all
convenient speed,
transmit unto me your proposals, both in order unto the
establishing a
regular and durable method of convening assemblies, and
what power you
desire should be intrusted with them: And because
assemblies have
been hitherto convened only annually, except upon some
solemn urgent
occasion, it hath been customary for the governor or his
deputy, to act in
affairs of importance during the recess of assemblies,
with the advice
of a council, I would desire you to give me to understand,
how you expect
and desire such council shall be chosen; whether you will
acquiesce in tthe
governor's nomination, or whether you desire the
assembly should
have any share in their election, also in case of
succession upon
decease or misbehaviour; and whether the council shall be
annual, biennial
or triennial, or during life; if understanding, faithful
and diligent in
discharging of their trust: I shall in all these, and any
other
particulars, which shall manifestly appear to make for publick
utility, not only
have a great deference for your opinion and advice, but
readily comply
with all your just reasonable expectation and requests.
- Thus having
without reserve or disguise, declared unto you my sentiments
concerning
government, I proceed to affairs of another nature; but of
little less
moment: It is the fixed persuasion of diverse intelligent
persons, that
your province bath deeply suffered, and is stinted in its
growth for want
of ascertaining its limits, and fixing a boundary between
it, East Jersey,
and New-York; that thereupon a subdivision might be made
of the country,
into one hundred proprietaries, as was originally agreed,
thereby
appropriating unto every good purchaser his portion in specialty;
I have inclosed
an account of my transactions with the proprietors of East
Jersey, many of
whom being persons before well affected unto me, I have
highly
disobliged, upon my refusal to comply with their claim, upon the
last pretended
agreement; all which, and much more, if like occasion
should require, I
shall readily conflict with, and chearfully undergo, for
the good of our
little, yet unto me, dear community, which I shall love,
cherish, and
endeavour to support and maintain, as if they were members of
my own private
family: Lastly, I do confirm all those persons who were
appointed by Mr.
Byllinge, or chosen by the people in their respective
places and employments,
until I further learn from you the state of your
colony, unless by
some new advice and very extraordinary motives I should
be obliged to
make an alteration, which should it happen, you may all rest
assured, I shall
have a tender regard unto your welfare and satisfaction:
And now, nothing
remains besides our supplicating with united minds, the
all wise God, to
grant us the wisdom which is pure and peaceable, to
enable us
methodically to order our affairs with discretion; that we may
act, industriously,
regularly, chearfully, in the several stations and
employments his
divine providence hath allotted us, considering we are one
body, and members
one of another; that no injury can happen to a part
which will not
redound in some to the hurt of the whole: For my own
particular, I can
appeal unto the searcher of hearts, that I do sincerely
and primarily
design the prosperity of your province, in its peace,
security and
plenty; and that it may be so settled, as that you may not
only live happily
during my administration, but that it may not be in the
power of any
future governor, deriving from me, even to hinder the due
execution, much
less to repeal those laudable constitutions, which with
your advice and
assistance I hope to establish: And on your parts, I
expect and
promise myself a ready compliance with whatever shall be
proposed for the
publick good: That instead of factions and divisions,
there be a
generous emulation amongst you, who shall promote the welfare
of our community:
That you be mutually tenderly affectioned one towards
the other; and
though you may differ in opinions, concerning things of
lesser moment,
yet continue united in affection, as being servants to the
same God, subject
to the same prince, and having one common interest;
often remembering,
that by unanimity and concord, diverse nations have
been advanced
from contemptible beginnings, unto great wealth and power;
whereas by
discord, mighty empires have been broken and ruined, without
the accession of
external force: That the God of peace and love would
unite, preserve
and prosper you, is the frequent, fervent, and shall
continue to be,
the constant request, of your most affectionate friend,
"DANIEL
COXE.
"September
the 5th, 1687."
5 His salary in 1695
and 1696, was two hundred pounds a year as governor
of West-Jersey;
but the salary in both East and West-Jersey seems in some
periods, to have
been rather occasional: In the latter province in 1697,
provision was
made for two hundred pounds by a law with the following
preamble:
"Being
sensible of the many great services done by our present governor,
Col. Andrew
Hamilton, since his accession to the administration of the
government of
this province; and taken also into our consideration, the
great charge that
must attend any person in that cost, and how little hath
yet been done by
us answerable to his merit and station; we find ourselves
obliged in point
of gratitude, and in testimony of our affection to him,
and as a
demonstration thereof, to offer as is hereafter expressed; and
pray our
governor's acceptance thereof from a poor people, whose good-will
and regard to him
is not to be measured by the value of our offering, but
integrity of the
offerers." The salary of the governor of East-Jersey in
1694, 1695, and
1696, was one hundred and fifty pounds per annum.
6 See the act
reciting this deed, Vol. I. of laws, p. 63, &c.
7 See the consent
of many western proprietors, to the agreement made with
East-Jersey, in
the line of division by Dr. Daniel Coxe. Revell's book. B.
Secretary's
office, Burlington, p. 233.
8 To trace the
proceedings relating to this line minutely, will be a task
proper for those
immediately concerned; they are voluminous: To give an
account of some more
of the steps hitherto taken, a few papers are added
in the appendix.
Vid. appendix, numb. IV., V., VI., VII.
9 Vid. the
instrument, Revell's Book, B. Secretary's office, Burlington,
p. 298.