Page images
PDF
EPUB

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 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.

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 between 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 concurrence to this agreement, as being first in its own nature a most just and equal division or quantity: Secondly, 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 declared, 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

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 proposed 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 annexed 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 somewhat 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 publick 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 themselves 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 Campbell had acquainted me: And they themselves are likewise 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

equal division, showing there was not the least foot steps for such a claim in the deed of partition: I desired 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 proprietors 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 consent and concurrence of the major part of the proprietors; 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

willing to suspect any thing of mr. Byllinge; yet let any consider whether it was fit, that an indigent person, 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 receive 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 consultation, 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 upon 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 declare ourselves free, and maintain the line according to the deed, until they can, either by course at common 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-Harbour, 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 abandoned 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 common justice, and unbiassed respect unto all his subjects, but a particular hope, that his majesty will remember the time and manner, and other circumstances

« PreviousContinue »