Page:The Green Bag (1889–1914), Volume 03.pdf/406

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The Supreme Court of New Jersey
373

he remained many years in that province, and then returned, when quite advanced in life, to New Jersey. Although seventy years of age, he again became prominent in public affairs, and not greatly to his credit. He was made governor; but his life as governor was more than inconsistent with that of his earlier days. Then he embraced most enthusiastically the cause of the people; now he became as strong an advocate of the right of the governor, insisted most vehemently upon all its prerogatives, and quarrelled constantly with the Assembly. He was the grandfather of Lewis Morris, one of the signers of the Declaration of Independence, and of that most distinguished American, Gouverneur Morris, who contributed so much toward creating in European capitals a profound respect for the citizens of the new republic.

Daniel Coxe was an associate justice who sat on the bench with Hooper. He was appointed in 1734, and was the son of Dr. Daniel Coxe, whose connection with West Jersey and some others of the American colonies was such as to make him one of the most remarkable men of his time. He was one of the Proprietors of West Jersey, and at one time its Governor. He was also one of Lord Cornbury's Council, and Speaker of the Assembly. A hundred years before his son became associate justice, a patent had been granted by Charles I. to Sir Robert Heath of a very large extent of territory then called Carolina. A little more than thirty years after it was granted the patent was declared to be invalid, and a few years after that it was assigned to Dr. Coxe, who anticipated large returns from his investment. He submitted his claims under the patent to the King, who referred them to the Attorney-General. After a full examination the former decision as to the invalidity of the patent was reversed, and it was declared valid. After his death the associate justice revived his father's claim, and made several unsuccessful efforts to induce settlers to immigrate to the country covered by his patent. To accomplish this he wrote and circulated a pamphlet which deserves more notice than has generally been awarded to it. It contained a description of the province granted to Heath, which exhibits the lamentable ignorance of the men of that time as to the geography of the continent. In his pamphlet Coxe claimed that there was an easy communication between the Mississippi River and the South Sea which lay between America and China, by means of several large rivers and lakes, " with the exception of about half a day's land carriage." But the pamphlet is more remarkable for the proposal it made of a plan of union between the American colonies for mutual protection and defence. This plan is the same afterward proposed by Benjamin Franklin, called the "Albany Plan of Union," and for which Franklin received so much credit. Franklin needs no borrowed glory, and his memory can afford to allow the credit to be given to the real author of this admirable scheme. The plan was this : That all the North American colonies should have a common union, presided over by an officer to be called a Lieutenant or Supreme Governor; each colony was to be represented in a general council composed of two delegates chosen by the Legislatures of the respective colonies. This general council was to be convened, whenever necessary, by the Supreme Governor, and to it was to be confided all measures providing for mutual defence, and for offensive operations against the common enemy, such as the quotas of men and money needful to be raised. The acts and proceedings of this general council were to be subject to the veto of the Governor, but he could take no aggressive action without the consent of the Council. In 1754 Franklin proposed his plan, which was almost identical with the one recommended by Coxe in his pamphlet. The justice of history demands that this New Jersey judge should receive his due meed of praise too long withheld.