USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 3
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
13
1687]
GOVERNOR COXE ON DIVIDING LINE.
willing to suspect any thing of mr. Byllinge; yet let any consider whether it was fit, that an indigent per- son, when he had sold his land, should have it in his power to give away the moiety, under pretence of a power to adjust the division, for which he might re- ceive a great sum of money, if favourably determined on the behalf of those with whom we contended, And therefore, no division can be accounted just and legal, which hath not the consent and concurrence of the majority of the proprietors: I declared unto them, we had thereupon appointed a general meeting, and we should acquaint them with the result of our con- sultation, if they complied with our proposal; and that it be likewise assented to by the majority of the proprietors in West-Jersey, it should become a final decision, and be entered in both our records, as uponl such occasion is usual; on the contrary, if they would not hearken to a fair and just proposal, wherein we shall recede considerably from our right; we will de- clare ourselves free, and maintain the line according to the deed, until they can, either by course at com- mon law, or by an appeal unto his majesty, make an alteration: And the owners of about forty proprieties in and about the city, do request all those who are present in West-Jersey, to lay claim unto, and account as your own just right, all that land from Egg-Har- bour, to the north branch of Delaware, according to the letter of the agreement in the deed of partition, until the proprietors of East-Jersey have totally aban- doned all pretensions unto this last, subtilly contrived, pretended agreement; for if they have recourse to the common law, I am very confident, above two parts of three, will become undoubtedly ours. If they appeal to the king; we have not only confidence in his com- mon justice, and unbiassed respect unto all his sub- jects, but a particular hope, that his majesty will re- member the time and manner, and other circumstances
14
NEW JERSEY COLONIAL DOCUMENTS. [1687
of the division; how sir George Carteret assured his highness (he being duke of York) that he chose the least part, because near unto his government of New- York. It is likewise well known, and can be attested by diverse, that sir George Carteret did value his share, tho' by him acknowledged not half so large as the other; yet abundantly preferable, upon the account of its being well settled with a sober and industrious peo- ple, which would invite others to come there, Whereas the other was a desart, and so little esteemed for some time, that land in East-Jersey sold ordinarily eight. and often ten times the value which was given for land in West-Jersey: It had the advantage of seven fair towns, inhabited by 3500 people; as appears by a list I have: They well accommodated with corn and flock, able to supply at easy rates, new-comers with corn and cattle; which cost the first settlers of West- Jersey a third more: Besides the neighbourhood of New-York, a place of great trade, where they could be readily supplied with whatsoever cloaths, utensils, &c. they wanted.
I flattered myself with hopes, that Mr. Penn, a per- son of great ability and interest among the proprietors of New Jersey, and who hath often professed a great kindness for the inhabitants of West-Jersey, would have afforded me some assistance, and moderated at the least the violence of the current, upon the pre- tended agreement; but he hath frustrated my expecta- tion, by complying with them in all things, and signed with the rest; which I confess was extremely surpriz- ing to me; and will, I doubt not, appear a little strange to divers amongst you: I could not imagine any con- siderate indifferent person could approve so unreason- able and surreptitious an award: But I perceive, that which most influenced him, is a persuasion that the division ought to be equal in quantity, and is confirmed therein by a passage in Mr. Byllinge's commission for
15
1687]
GOVERNOR COXE ON DIVIDING LINE.
settling bounds; wherein he uses the word equal; and is persuaded, being herein influenced by Mr. Keith's false map, of which I have sent you a copy, that Mr. Reid's proposal is very fair and an exact equal division of the country. I do not herein charge Mr. Penn with any fault, who I believe acts according to his convic- tions; but I only acquaint you herewith, that you may understand your own misfortune; for had not Mr. Penn embraced our interest, we should probably have made a more speedy and advantageous agreement; the proprietors being mightily fortified by his counte- nance and authority, to adhere to the late award, only as a great argument of their moderation and justice : They have made an order signed likewise by Mr. Penn, that if upon a new survey, it appears this agree- ment give them the greater moiety, they will refund so much as may reduce it to an exact quantity. It was a great defect on your part, to agree upon a di- vision either with New-York or East-Jersey, until you had a most exact survey of the country; they of New York and East Jersey, have in this respect, exercised the highest prudence, knowing the whole country to a little, and thereby have both overreached you. I have seen their draughts, than which nothing can be more exact; but they dare not yet print them, till they have adjusted the affair with you, lest their own maps should rise up witness against them: And considering how curiously and diversely Rariton south, and Pas- saick river are branched, I judge their country, quan- tity for quantity, double the value of ours: I never yet saw any maps of West-Jersey, in the least com- parable to these of East-Jersey: I have sent you a pat- tern of one part of their country, tho' they have a draught of every parcel, and ten times more large and particular than this. I do therefore make it my seri- ous advice, and earnest request, that you will, with all speed, cause a very particular map to be made of
16
NEW JERSEY COLONIAL DOCUMENTS.
[1687
your country; I do not mean of every propriety or plantation, but a true account of the length, with a note, if any part of the country be extraordinary bar- ren; where those barrens are, and of what extent: I had almost forgot to tell you a pretty policy of Mr. Keith and John Reid, I suppose by direction from some of their superiors: The draughts they produce for division, are not in the least according to truth, nor according to those they sent their proprietors, whereof I having been two years of East Jersey, have most certain knowledge, and exact copies of their own draughts, to compare them; but in those maps they produce for division, they make our country towards the sea and bay, near double the bigness it really bears, and their own almost half as little as really it is; thence arguing for the reasonableness of addition unto the true line; and indeed that which they pretend an equal division, to say nothing of its exceeding ours, generally speaking in goodness; it is above a fifth part greater in quantity, so that having received upon all hands, so unfair dealings, I declare it unto you all, as my opin- ion and advice; and if I have any authority among you, I intreat and require, that you treat not with them any further about any accommodation, nor own that pretended to be already made; but stand by the letter of the agreement between sir George Carteret and Mr. Byllinge, viz. That the line be run directly from the east side of Little Egg-Harbour, unto the most northerly branch of Delaware river, in forty one degrees and forty minutes: And I question not, but we shall bring them to more reasonable terms than any they have hitherto proposed; at least no pains nor cost shall be wanting on my part; and I have the con- currence of all our proprietors, Mr. Penn excepted, whom I could any ways meet with or consult: And whereas I am very credibly informed that the propri- etors of East-Jersey, have ordered lands to be taken
17
GOVERNOR COXE ON DIVIDING LINE.
1687]
up in divers places near the new pretended line of par- tition; that having possession, upon a review that may have a more spacious claim; if any attempt of this nature be made, I do not only protest against it, but request and desire that all the inhabitants of West- Jersey do the same; and at the same time, the surveyor of West-Jersey, or his deputy, do immediately take up in my name, all that land which is westerly of the Mill-Stone and Rariton river, which was not actually in their possession of East-Jersey, at the time of their pretended award between Mr. Emley and Reid: You will better understand my mind by the inclosed map, which is a copy exactly drawn from one of their orig- inals; and we favour them very much in going no further, (for according to strictness, our line runs within three miles of Perth city) and by allowing them that great tract of most excellent land, from thence to the meeting of Millstone and Rariton river. I shall add one thing more, which seemeth to me of the great- est consequence: I beseech you let there be no animos- ity or indignation, severe censure, or spightful reflec- tions, on those who gave their consent unto the award made by Emley: For my part, I am fully satisfied in the honesty and fairness of their intentions; but the best of men may be overreached by cunning designing persons; forget what's past, and live together as be- comes christians, and neighbours and countrymen. As I have taken care that the publick shall not suffer by their act, so I shall likewise endeavour to secure them from any trouble, only they cannot act in con- junction with the rest of the proprietors; concerning which I shall give them particular instructions; in the interim, I remain your most affectionate friend,
3
18
NEW JERSEY COLONIAL DOCUMENTS.
[1688
Part of a letter, without signature, to the Proprietors of East Jersey in England, relating to the divid- ing line between East and West Jersey.
[From draft in New Jersey Hist. Soc. Library-Papers on West Jersey Line, Bundle 6, No. 1.] 1
TO WILLIAM DOCKWRA & COMPANY:
Ye hade last inclosed o" Surveyors journall & returne of his running the line from Egg harbour so farre as to Rariton river conforme to the award wee obtained at Doctor Greenlands upon the bond of Arbitration entered into by the deputy Govern's of east and west Jersey & the Com'ittee of the Councill of each province, a Coppy of wch bond & award yee have long ere now by Lord Neil Campbel
Since the line was run by o' Surveyor some of the proprietars of west Jersey have purchased land of the Indians, within our line, and particularly Thomas Budde, and the deputy Governor of this province having notice yt Thomas Budde hade lately passed through to New York, to buy some goods for paying the indians as the price of the said land within o' line, resolved. ? . cause way-lay him upon his returne, wch accordingly was done, and by a warrant directed to the Sherriff he was taken up at John Inians, he locked himself up two or three days & wold not Surrender pretending he was in his own province, and Some other west Jersey men came under pretence to visit him, but as Seemed to rescue him, wch obliged the deputy Governor to order to the Sheriff a Stronger guard (and this putts the Country to trouble and the proprietars to expense) After five dayes attendance he was brought before the deputy Governo" who told him he was informed against as a person, who contrary to
1 The draft from which this was taken is almost illegible from age and peculiar chirography. No date is attached to it, but from its contents it is supposed to have been written in 1687 or early in 1688. ED.
19
LETTER TO WM. DOCKWRA & CO.
1688]
o" lawes and without our Authority, hade taken upon him to Conveen our Indians and purchase land within or province. He likewise told him yt hade their been nothing else to restrain him than the Publick engage- ments, yt the two governors of both provinces lay under, viz, yt no land Should be purchased near the line, or which Should seeme to be in controversie till all differances were ended touching the line, hade been enough to deservee .... neither Could he Judge so ill of Governo" Skene, as to beleive he hade the lest hand in it, Considering how but so lately he hade writ a chal- lenge to Lord neil Campbell (upon misinformation) as taking upon him to break the public faith, which Lord Neil did very handsomly acquitt himselfe off, and made him a .... ? .. , yt the thing was entirely false, and that the aggreement Should be closely kept upon his part, not doubting the like from them.
The deputy Governor furder Said to Thomas Budde that if he as a probate person took upon him to dis- turb the peace of a Country, he was highly punish- able. He made answer yt what he did, was by act of their assembly, And if they did not bear him out the blame be upon them. The deputy Governo" demanded a Sight of their act but he declared he hade it not by him, but hade left it at home: this he declared before halfe a doson of witnesses. To which our Governor made answer, if he hade an act of their Assembly for what he did, their Governo" must be a Consenter, and if so, he was guilty of a double breach first of the publick faith entred into by the two Governors and last of his bond of five thousand pounds entred into at Greenlands, for Consenting to purchase any land, within or awarded line.
In fine The deputy Governor took a recognisance of Thomas Budde, for an thousand pounds to appear at o' next Court of Com'on right to be held in October next to answer &c:
20
NEW JERSEY COLONIAL DOCUMENTS.
[1688
Also some of West Jersey have forbid the people of Piscataway, to pay their quitt rents, upon pretense yt Piscataway is within their province, which doth obleige o' governo" and Counsell to issue out warrants of dis- tresse to make them pay them
Upon the whole Matter yee See their is an absolute necessity, yt this matter toutching the deviding line of the two provinces be put to a close seing those of west Jersey have begun to purchase land within our line and undoubtedly within our province, and on the other hand the Governor and Counsel of the province are obleiged to make a legal resistance, and how farre the Consequence may amount to in trouble and expense yee may easily perceive.
If the affair be brought to any judicatory in old England as seemeth most proper if it cannot be other- wise aggreed, it seemeth to be very fair on of side, for first, why should not the late aggreement hade at greenlands obleige them seing they who made yt aggree- ment, were the representatives of their province and hade power given them by the most considerable part of the said province Considering yt their Governo" represented thirtie proprieties of their whole province, so yt wee see not how any thing can shake or Invalid- ate the Said aggreement or otherwise, it is Impossible to make any aggreement with them, for with whom can it be be made with all and evry Individual y' has the least Share of a propriety ? that seemeth Impossi- ble to gather them together being so scattered in remote parts of the world, or if with the greatest part it is also very difficult for us to find who are the greatest part and besides the lesser part may alledge ye greater has no power to dispose of their property, so yt we see not how any ferme aggreement can be made with them. But Secondly if the said aggree- ment doth not obleige them to stand to the line as was aggreed, yt the proprietars of east Jersey have a fair
21
LETTER TO WM. DOCKWRA & CO.
1688]
plea to desire of the King or any judicatory it is referred unto an order yt an equal division be made of the whole continent in two equal halfes in quantity & quality Seeing an equal devision was intended as we judge although these of west Jersey say It was not Intended and in order to the said equal division, yee are disposed to desire y' seeing east Jersey along the whole cost hath been truly & carefully Surveyed by the general Surveyors of both provinces, yt west Jer- sey be also surveyed and yt some Impartial and Skyl- ful men be ordered to Judge of the equality as to quality of land for they of west Jersey alledge they have more barren land wch yet we think is very doubtfull. And thirdly some other precise bounds needs be appointed for the north end of the two prov- inces, than what the deed of Partition mentions for as to yt bound viz 41 deg: & 40' our Surveyor tells us it is not to be found on any branch of delaware river as the deed mentions, for no branch is in yt latitude in the true and proper Sense of a branch, wch is a stream coming out of the river yt makes a true branch. but no such can be found in yt latitude, or near to it, only the Surveyours found some brooks running into the river but where they Joined to the river was farre from ye latitude. And Indeed it is very disputable & unclear what is delaware river itselfe above the falles for two great streams meet farre beyond the falles northerly, and which of these is delaware river, cannot be easily determined, but rather seemeth Im- possible for the name delaware was only given to it as it extended from the falles to the sea. fourthly seeing the deed of Partition is grounded on a false mapp, and a wrong account of the country, as to its Survey, and delaware river itselfe was supposed to have a branch in that latitude, and yet hath none, we Judge yt any Judge will Say, the deed of Partition must be wholly laid aside and a new line of devision
22
NEW JERSEY COLONIAL DOCUMENTS.
[1688
ordered to be run if yt already run in great part, doe not stand, and if a new line must be run, we are ready to think yt by equal devision the new line shall be more favourable to east Jersey than this already agreed & run in part but nothing can be certainly affirmed till west Jersey be surveyed as well as east Jersey.
And whereas these of west Jersey object yt this line lately aggreed unto cutts them short of their latitude about foure miles at the north end, by running to del- aware river about 41 degr: it is answered, and so doth it cutt us off in respect of our bounds with them, if it crosse not ye river and if they can procure it of right yt they may run out their full latitude, crossing yt called delaware river we shall well allow it, and be sharers (?) in the other side of the line; but that is to be disputed with William Penn. But secondly, the province of west Jersey extending from Cape May is Judged bye estimation to be fourteen miles longer than east Jersey, and is also wider than east Jersey & there- fore is still the greater province. It is furder to be Considered yt the deputy Govern' of west Jersey, in the late aggreement at Greenlands did not only repre sent thouse proprietars of west Jersey in the person of Edward Billings who hade thirtie proprieties be- longing to him, but hade power given to him by the late instrument, to lay aside the deed of partition, and with the concurrence of four or five persons of both provinces, to aggree upon a new line as they should see fitt, wch Instrument was signed by Edward Bil- lings for west Jersey and by Robert Barclay for east Jersey. Besides yt diverse proprietars of east Jersey are also concerned in west Jersey, as having shares in it. If it happens yt these of west Jersey represent to the King or Counsel or any Judicatory in old England the Verdict of two Surveyours to wit Andrew Robe- son for west Jersey and Philip Wells for new york and shall alledge yt by an aggreement made at new york
23
LETTER TO WM. DOCKWRA & CO.
1688]
by the three Governors of the three provinces, viz new york west & east Jersey, the verdict of any two of the Surveyours should be valid, without or against the Verdict of the third1 To this it is answered yt George Keith Survey" of East Jersey hath given no verdict as yet in the case and as for Philip Wals [Wells] if he has given any verdict for the bounds of west Jersey, and line of partition betwixt west and east Jersey It is easie to prove it void for he went not with the other two Surveyours to litle egge harbour, and has no knowledge of the survey of east Jersey from Sandy hook to egg harbour but only by report, and therefore is no fitt person to give a verdict in the case for he reckoned himself only concerned in the line betwixt new york province and east Jersey, and as for the aggreement at new york, the latter aggree- ment and award at Greenlands makes it void as toutch- ing west and east Jersey. But as for the line betwixt new york province and east Jersey, the Verdict of any two of the Surveyours may hold, and they seeme to aggree in it yt the line run from 41 degr: on Hudsons river north side northwest by the needle: till it come to delaware river (w'ch seemeth equal and fair to both provinces) and to the latitude of 41 degr. and fourtie minutes, and whereas it is reported, yt Philip Walls [Wells] hath made a late Mapp of the continent of west and east Jersey, and by the line supposed to run from litle egg harbour to the mouth of Milstone river (wch is ten miles at least more easterly on Rariton, than the line lately run by aggreement) the said Mappe represents west Jersey as the lesser province, we say, that Mapp is very unfair and is grounded upon no true knowledge or Survey of the continent of west and east Jersey, and we desire yt no credit be given to it till a just survey be made of all yt continent of land
1 See Vol: I, pp. 517, 518, 520.
24
NEW JERSEY COLONIAL DOCUMENTS.
]1688
lying betwixt litle egg harbour and Cape May and Cape May all along delaware river to the falles, to all wch Philip Walls [Wells] is wholly a Stranger and hath no ground but report and conjecture, and it is more probable yt west Jersey is larger for quantity of land than east Jersey by the line lately run by aggree- ment. although we will affirme nothing positively with- out a true survey of the wholl, And though the Sur- veyor of west Jersey, being a proprietor pleads hard for west Jersey, y' the branch of delaware river may be found on a brook yt runs into delaware, in ye lati- tude of 41 deg: 40', yt is so easterly, yt the line wold run from litle egg harbour within 4 or 5 miles of Am- boy & so make east Jersey scarse worth the name of a province yet diverse affirme they heard Andrew Rob- eson1 and the other 2 Surveyours aggree in theirr opinion, yt no stream or run yt did goe into delaware river, was to be taken for the branch.
Minutes of the West Jersey Proprietors, respecting running of the line between the two provinces, in accordance with the award of Reid and Emley.
[From original in New Jersey Historical Society Library. Papers relating to West Jersey Line. Bundle 6, No. 4.]
AT A COUNSELL held at Burlington in ye house of John Cripps ye 21st of ye 2ยช month 1687 2
The Deputy Gouvernour hauein informed his Coun- sell wharfore he called them togather was yt Samvel Window Miles Foster & John Cambell requested they might have ye opertvnity to deliver to vs a matter they had in Charge from ye Gouvernor & Counsell of East Jersie Concerning runing ye line of pertision to wch he had ansered yt if it was Conserning runing
1 See Vol: I, p. 521. 2 1687-8.
25
1688]
MINUTES OF WEST JERSEY PROPRIETORS.
ye Line he Judged it rather proper to haue a meeting of ye propriators, wch if they plased as ye Gouvernors Representative he would call togather, though as one of ye propriators they behoued to excuse him from any further transacting in yt affair unleas they gaue him vp his bond wch as a propriator he had signed to wch they ansered they had his bond heare, but their busines was not with ye propriators but with the Gou- ernor of Counsill; wharefore those gentlemen being admited Samvel window in behalfe of ye rest haueing prodused a Commission vnder ye hands of Gouvernor & Counsell of propriators & Sale of ye province of East Jersie Impowering them to give notis vnto them yt ware Conserned yt they should send & meet their Svrvayor Ginerall at little egg harboor vpon ye 26 day of this month in order to ye runing yt line of pertision according to ye Award of william Emly & John Reed as ye Said Commission more at large imports wch being Considered by ye Counsill it was Judged by them yt ye Contense of their Commission was most properly to trate wth those propriators conserned in ye signing ye foresaid arbetration & in respect yt all ye Counsill only one expected ware Conserned with those who had pro- tested against ye Said arbitration &c they tharefore Could not assume to themselves a power wch they had not, of giveing away ye perticuler estates of all yt ware purchasers of propriaties or parts thareof through this province; after wch ye Gouerner did tell ye Said per- sons if they had showed this their Commission before he would have ordered those persons who wth him are Conserned in yt Arbetration & had only as propriators takeing burden for themselves & not for ye rest of ye propriators to haue given them ye meeting if they pleased to Stay so long hee would forthwith send for them or if it might be more exceptable hee would or- der all ye inhabitant propriators to be Svmoned wth all possible dilligence.
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.