USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40
21 .- Letter from Colonel Blakeston, of Maryland, to Mr. Moore, of Pennsylvania, relating to irregularities in that Province and in New Jersey. with Mr. Moore's answer 452
May 14 .- Order of Council referring to the Lords of Trade a petition from Peter Sonmans and William Dockwra. asking for the appointment of some person, as Gover- nor of New Jersey, who had taken no part in the dis- sensions of the Province-the petition follows ___. 465
14 .- Order of Council referring to the Lords of Trade a petition from several of the Proprietors of East and West Jersey, recommending Col. Andrew Hamilton to be Governor-the petition follows 468
..
.. 28 .- Memorial of Wm. Dockwra and Peter Sonmans to the Lords of Trade, submitting objections to the appointment of Andrew Hamilton as Governor of New Jersey 470
.. .. 28 .- Letter from Secretary Popple to Sir Thomas Lane. transmitting copies of papers received from Wm. Dockwra and Peter Sonmnans 478
.. June
1 .- Letter from the Lords of Trade to the Earl of Not- tingham, Secretary of State, enclosing a draft of a letter for the signature of the Queen, conferring ten- porary authority in New Jersey on Lewis Morris __ .. 474 3 .- A reply by several of the Proprietors of East and West Jersey, to the complaints made by William Dockwra and Peter Sonmans against Andrew Hamil- ton 475
1
.. 17 .- Memorial from Colonel Quary to the Lords of Trade, objecting to the appointment of Andrew Hamilton as Governor of New Jersey 479
18 .- Letter from Surveyor General Randolph to the Lords of Trade, relative to Andrew Hamilton's connection with illegal trade 481
23 .- Letter from Lord Cornbury to the Lords of Trade, giving an account of his visit to New Jersey to pro- claim the Queen 482
xxi
CONTENTS.
PAGE.
1702-June 25 .- Lords of Trade to the Queen, recommending the appointment, as Governor of New Jersey, of some one not connected with the affairs of the Province ___ 484
.
Aug. 4 .- Letter from the Earl of Nottingham to the Lords of Trade, recommending gentlemen to be of the Coun- cil of New Jersey 486
66 66
.
12 .- Nominations for the Council of New Jersey by the Earl of Nottingham 487
66
66 18 .- Lords of Trade to Queen Anne. with a draft of Lord Cornbury's commission as Governor of New Jersey 488
Sept. 1 .- Letter from Lord Clarendon to the Secretary of State, about the Council for New Jersey 501
.. 3 .- Letter from the Lords of Trade to the Earl of Not- tingham, relating to the Council for New Jersey. 502
.. 29 .- Letter from Lewis Morris to the Lords of Trade. referring to the difficulties in New Jersey 504
66 Nov. 16 .- Instructions from Queen Anne to Lord Cornbury_ 506
66 Dec. 21 .- Letter from Lord Cornbury to the Lords of Trade. referring to a meeting held in New Jersey by Col. Andrew Hamilton 536
1703-April 20 .- Letter from Queen Anne to Lord Cornbury and the Council of New Jersey. relating to the Governor's salary 537
.6 20 .- Circular letter from the Lords of Trade to Lord Cornbury and other Governors of Plantations, relat- ing to Courts of Justice 539
66 66 29 .- Letter from the Council of East Jersey to Lord Cornbury, informing him of the death of Gov. Andrew Hamilton 540
66 May 21 .- Letter from the Lords of Trade to Lord Cornbury, about the quota of New Jersey for the defence of New York 541
66 66 29 .- Letter from Lord Cornbury to the Lords of Trade- his commission as Governor of New Jersey not. yet arrived 542
June 16 .- Letter from Col. Robert Quary to the Lords of
Trade-the contests in New Jersey.
544
Index
545
NEW JERSEY
COLONIAL DOCUMENTS.
Commission from East Jersey Proprietors to Samuel Winder, John Campbell and Miles Forster, to confer with the Governor of West Jersey, relative to running the line between the two provinces.
[From the original among West Jersey Line papers in New Jersey Historical Society Library, Vol. 4, No. 6.]
East New Jersey.
To all 'pian people to whom these p'sents shall Come or whom the p"mises shall or may Concerne .- Wer whose names are here .. under subscribed send greet- ing fforasmuch as the Governour and Divers of the propriets of East and west Jersey the better to Setle the Line of partition be- tweene the two provinces att a meeting held at Mils- tone River the Eight day of January last past Did by mutuall Consent of both p'tyes Submitt and Referr the whole matter of Difference to bee Determined by one William Emly and John Reid as Arbitratos vpon
2
2
NEW JERSEY COLONIAL DOCUMENTS. [1687
wch submission the said Arbitratos the day yeare and place above said Did Determine and award that the said Line of Partition should Runne from the north Side of the mouth or Inlett of the [ ? ] of Litle Egge Harbour on a streight Line to Delaware River north north west and fifty minutes more westerly according to a Naturall position and not according to magnett whose variation is nine Degrees westward How Know Her That wee have nominated and appointed and by these p'sents doe Authorize nominate and appoint Sam1 winder' John Campbell and myles ffoster gen- tlemen or any two of them wth all Convenient Speede to Repaire to the province of west Jersey and there give notice to their Governor and others Concerned to meete the Surveyor generall or other Artistes (to bee by vs Commissioned and appointed) at the north Side of the mouth or Inlett of Litle Egge Harbour upon the the Twenty-Sixth day of this Instant Month of Aprill in order to Runne and Ascertaine the Said Line of partition in p'formance of the Said Award made as aforesd: Biven under the Seale of the Said province att perth Amboy this ffourteenth Day of Aprill Anno Dom ! one thousand six hundred Eighty and Seven Annoqe the Jacobi Rei [. . . ?. . . . ]
THOMAS GORDON, JOHN BARCLAY, Ro: FULLERTOWN, THO: WARNE.
AND. HAMILTON.
GAWEN LAWRIE.
San Windows 1 The first mention of this gentle- man is in 1678, when he was ap- pointed Register under John Fen- wicke, but in 1681, having pur- chased some land from the Indians on Raritan River, he removed to East Jersey, and about 1683 married Margaret, daughter of Deputy Governor Rud- yard, of that province, and became a resident of Middletown, in Monmouth county, and died there. In 1686 he was appointed one of the Council of Governor Lord Neill Campbell. It is thought that he came to New Jersey from Staten Island.
.
3
INSTRUCTIONS TO COMMISSIONERS.
1687]
Instructions from the Council of Proprietors of East Jersey to Samuel Winder and others.
[From New Jersey Historical Society Library West Jersey Line Papers, Book 4. No. 4.]
Perth Amboy, Ap. 16, 1687-
S privat in their hands to Mr. Sa: Winder & com- panie on ther negotiation with W. Jersey.
Imp: That you require Governor Skene, & the rest who signed the bond.1 to .to give orders that the line be run conform to the last award.
If they shift & only passively say that they consent for themselves not to take it for and answer for that they are oblidged to shew ther Consent by some act viz and order to the surveyor for themselves & in name of the power that they had lodged in them.
If they refuse, that some legall attest be taken upon the refusal which afterward (if occasion be) may be and evidens to prove the breach of ther bond.
If they desire a Copie of the power you have from us to require them to run the line, tell them That it being a publick paper you cannot deny it, & desire them in exchange to give you a Copie of ther protest or any other publick papers toutching the line. If the day named be too short it is in your discretion to Name another day, in caise they consent to join
By order of Council
1 See Volume I, p. 522 .- ED.
1
NEW JERSEY COLONIAL DOCUMENTS. [1687
Letter from Daniel Coxe to the Council of Proprietors of West Jersey.
[From Smith's History of New Jersey, pp. 190 and 546.]
Governor Coxe to the Council of Proprietors of West New Jersey. Greeting.
After Mr. Bylling's decease, (1) his heirs were greatly ignorant of his concerns relating unto West Jer- sey, 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 Byllinge'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 be- fore his right of government was granted; we there- upon 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 coun- try, 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 perceived me to be zealous and active to promote the good of the province: I was earnestly
(1) The precise date of Byllinges' death has not been met with. Judge Clement, in his interesting paper "On the West New Jersey Society," read before the Sur- veyors' Association of West Jersey, gives it as occurring on 16th day of the 11th month, 1684. But Byllinge in 1685 appointed John Skein his deputy and executed an agreement with the Governor of East Jersey September 14th, 1686. (New Jersey Archives I p. 520.) It is presumed that he died in the early part of 1687-Mulford's New Jersey, p. 248 .- ED.
5
1687]
LETTER FROM DANIEL COXE.
pressed and requested to make a purchase of the gov- ernment and properties annexed thereunto, where- with having complied, that I might demonstrate the disinterestedness of my undertaking; and that I did primarily propose the welfare and benefit of the peo- ple, 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 trus- tees for you: That if they would contrive any meth- od, whereby the government might be legally and severally invested in the proprietors, or people with- out 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 con- vene, were greatly satisfied with my conduct, en- couraging me to expect they would meet with like acceptance from the proprietors and inhabitants of West Jersey: I thereupon thought fit to recommuni- cate 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 re- ciprocally challenge from me: I do therefore hereby give you to understand, that whereas all the gentle- men 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 title of
6
NEW JERSEY COLONIAL DOCUMENTS. [1687
governor, and lay claim to the powers and authority thereunto annexed; and I am resolved by the assist- ance of Almighty God, to exercise the jurisdiction by his royal highness, his last deed or grant unto me conveyed, with all integrity and faithfulness and dil- igence, for the benefit and welfare of those, over whom divine providence hath constituted me (under our sovereign) superintendent or chief overseer; al- ways preferring publick emolument, before my own private advantage; and may I succeed in my under- takings, 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 contin- ually reproach and condemn me if I ever recede therefrom. And whereas Mr. Byllinge, in his former concessions, hath given his consent, and ratified di- verse 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 per- son excepting, if he please, against thirty-five, with- out 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 fundamentals after mentioned. If your assembly shall desire the continuance of them, and that it appears, nothing is therein contained con- trary 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
1687]
LETTER FROM DANIEL COXE.
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 Eng- lish plantations, having in imitation hereof joined with the governor an 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 consist- ent with the ends of good government, the redress- ing grievances, and promoting the peace and pros- perity 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 con- vened 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 the governor's nomi- nation, or whether you desire the assembly should have any share in their election; also in case of suc- cession 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
8
NEW JERSEY COLONIAL DOCUMENTS. [1687
comply with all your just reasonable expectation and requests .- Thus having without reserve or disguise, declared unto you my sentiments concerning govern- ernment, I proceed to affairs of another nature; but of little less moment: It is the fixed persuasion of diverse intelligent persons, that your province hath deeply suffered, and is stinted in its growth for want of ascertaining its limits, and fixing a boundary be- tween 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, (1) 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 occa- sion should require. I shall readily conflict with, and cheerfully 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 ap- pointed by Mr. Byllinge, or chosen by the people in their respective places and employments, until I fur- ther 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 satisfac- tion: And now nothing remains besides our suppli- cating with united minds, the allwise God, to grant us the wisdom which is pure and peaceable, to enable us methodically to order our affairs with discretion;
(1) See succeeding document .- ED.
9
1687]
LETTER FROM DANIEL COXE.
that we may act industriously, regularly, cheerfully, 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 whatsoever 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 com- munity: 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 em- pires have been broken and ruined, without the ac- cession 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.
10
NEW JERSEY COLONIAL DOCUMENTS. [1687
Governor Coxe's Narrative Relating to the Division Line, enclosed in the foregoing.
I was desired to give a meeting to the proprietors of East-Jersey, where were present, governor Berkeley, lord Campbell, lord Melford, secretary of state for Scotland, mr. Penn, mr. Ward, and six or eight more; they presented me the original of an agreement be- tween the commissioners of both Jersies, in order to run the partition point; and withal a map; whereby it is obvious at the first glance, that above a third part of that land, which was ever accounted to belong to West-Jersey, is allotted to, and comprehended within the limits of East-Jersey: They desired my concur- rence to this agreement, as being first in its own na- ture a most just and equal division or quantity: Sec- ondly, agreed on by commissioners, on both sides: Thirdly, according to mr. Byllinge's instructions, who had impowered his commissioners to make an equal division: I answered in behalf of your colony and of myself, that first, the division was very unjust in its own nature; and secondly, that if it were otherwise; yet I did apprehend, they, who made the agreement, were not legally or sufficiently impowered.
And first, as to the injustice of the division; I de- clared, I thought they ought to have regard unto the letter of the agreement between sir George Carteret and mr. Edward Byllinge; the line was to run from Little Egg-Harbour, unto the most northerly branch of Delaware river, in forty one degrees forty minutes: They denied there was any such branch; I showed them in their own map, made by mr. George Keith, a river running into Delaware, whose head is near an- other of Esopus river; they urging that to be a most unconscionable division, and that it would cut off two thirds of their country; that in the map printed from that original, whereon the partition line was drawn, they had a far greater scope of land; I offered them
11
1687]
GOVERNOR COXE ON DIVIDING LINE.
to calculate the proportion of land in both Jersies, from the map or chart; and upon the division, they should have a like proportion unto what was therein allotted them; which would have been about the third of the whole: They approved not thereof: I proffered lastly, to comply with the second line, which was pro- posed by our arbitrators, whereby we gave them a large tract of land, whereunto they had no right; which shewed, that we were both willing to come to an agreement, in our demands, moderate, favourable and friendly, in our concessions: I added, that the lands actually in their possession, or sold unto others before the line was agreed to be run, should be an- nexed unto, and for the future, accounted part of their country; which, according to their own confession, were some of the most rich, beautiful, and pleasant tracts of land in either Jersies: Neither would this please; they insisted upon the agreement, and would either have it performed or sue the bond: I was some- what perplex'd how to preserve our own right, and secure our friends from harm; but being willing, as I have been, to deny myself any private benefit for pub- lick utility, when they pressed they had either power or not: If power, then all were obliged; if not, they in particular: I answered, they might apprehend them- selves to have power, but really had it not; as appears by the protestation of the body of the proprietors and inhabitants of West-Jersey, wherewith the lord Camp- bell had acquainted me: And they themselves are like- wise sensible, that they proceeded not only beyond but contrary to their commission; and as for the bonds, they could not be sued, so long as they did upon no overt-act oppose such agreement; and the very utmost they could require from them, was so much land as came to their share upon a new division, according to the deed of partition, whereunto they had signed. I then proceeded to confute their pretensions from an
12
NEW JERSEY COLONIAL DOCUMENTS. [1687
equal division, showing there was not the least foot steps for such a claim in the deed of partition: I de- sired them to consider, that West-Jersey proprietors gave above eighteen thousand pounds for the land, which cost not East-Jersey proprietors much above four thousand pounds, and for many years last past, proprieties of West-Jersey have been valued very little below those of East-Jersey; which was merely upon the account of the opinion all persons; had the pro- prietors of East-Jersey, themselves not excepted, that our part exceeded theirs at least two-thirds in quantity of land: I was my self almost two years, owner of an intire propriety in East-Jersey, and continually heard their complaints; nor did I ever hear any mention of a right to an equal division, as to quantity of land, only valuing themselves upon the goodness of their land, and conveniency of harbours; which were open all the winter. And as for the pretension, that mr. Byllinge gave commission for an equal division; we could produce hundreds of witnesses, that his great argument unto all purchasers, was, that West-Jersey was three times as large as East, and equal I am a witness, that he intended only equitable according to the agreement or deed of partition; which diverse can testify. But I added withal, that if he had given a commission, I thought it not valid, without the con- sent and concurrence of the major part of the propri- etors; before he sold the land, he might have disposed it at pleasure, and receded from his own rights; but having sold the land, the proprietors were to take charge, they had their due, according to the deed of partition; upon which terms they bought: For mr. Byllinge, when he granted the pretended commission of division, was possessed only of one single propriety, as he confessed unto diverse, having disposed of sev enty, by absolute sale, and mortgaged the other twenty nine for eight thousand pounds; and tho' I was not
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.