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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 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 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 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 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 Surveyors' 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.

pressed and requested to make a purchase of the government and properties annexed thereunto, wherewith having complied, that I might demonstrate the disinterestedness 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, encouraging 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 title 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 conveyed, with all integrity and faithfulness and diligence, for the benefit and welfare of those, over whom divine providence hath constituted me (under our sovereign) superintendent or chief overseer; always preferring 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 fundamentals 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 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 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 the 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 governernment, 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 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, (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 occasion 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 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 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.

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