USA > New Jersey > Hudson County > History of the land titles in Hudson County, N.J., 1609-1871 > Part 1
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1800
HISTORY
OF THE
LAND TITLES
IN
2.80 132
HUDSON COUNTY N. J.
1609-1871.
C
21 x1, r
ardenburg BY CHARLES H. WINFIELD, 11
COUNSELLOR-AT-LAW.
"A painfull work it is, I'll assure you, and more than difficult, wherein what toyle hath been taken, und as no man thinketh so no man believeth, but he hath made the triall."-Ant. à Wood .- P'reface to the History of Oxford.
NEW YORK : WYNKOOP & HALLENBECK, PRINTERS, No. 113 FULTON STREET. 1872.
.
Entered according to Act of Congress, in the year 1872, by CHARLES H. WINFIELD, In the office of the Librarian of Congress at Washington.
TO TIIE
frecholders of Hudson County,
NEW JERSEY,
WHO MAY BE INTERESTED IN KNOWING THE PAST HISTORY
OF
THEIR PRESENT REAL POSSESSIONS,
THIS VOLUME
IS
RESPECTFULLY DEDICATED.
CONTENTS.
PAGE.
CHAPTER I .- TITLES UNDER THE DUTCH, -
1
II .- TITLES UNDER THE KING, - 10
66 III .- HISTORY OF THE COMMON LANDS, 15
IV .- FIELD-BOOK AND NOTES, 27
V .- SECAUCUS COMMONS, 285
VI .- NEW FIELD-BOOK AND NOTES, 311
VII .- NEW BARBADOES NECK, 324
" VIII .- MARRIAGES, BIRTHS, AND DEATHS, 399
MAPS AND DIAGRAMS.
1. VAN PURMERENT'S PATENT, 43
2. STOFFELSEN'S PATENT, 46
3. COS'S PATENT, - 49
4. DE BACKER'S PATENT, 51
5. HARTMAN'S FIRST PATENT, 54
6. HARTMAN'S SECOND PATENT, 55
7. PARTITION OF MERSELIS'S PROPERTY (GREENVILLE), 63
8. PARTITION BETWEEN VREELAND AND VAN WINKLE (PAMREPAW), 66
9. PARTITION OF GARRET VREELAND'S PROPERTY (PAM- REPAW), 67
10. PARTITION OF VAN BUSKIRK'S PROPERTY (BAYONNE), - 71
11. PARTITION OF VREELAND'S PROPERTY (CENTREVILLE), 72
12. PARTITION OF CONSTABLE'S HOOK, 75
13. PARTITION OF PRIOR'S PROPERTY (BERGEN), 125
14. DUNHAM'S MAP OF BERGEN POINT, 136
15. CHURCH AND MECHANICS' LOTS, 146
16. SCHOOL LOT, 148
17. HARING'S MAP OF BAYARD'S COMMONS, 152
18. PARTITION OF BRINKERIIOFF'S LOT (GREENVILLE), 160
19. LOTS AT SLONGA, - 163
20. MAP A, NEW FIELD-BOOK, 311
21. MAP B, NEW FIELD-BOOK, - 314
22. PARTITION OF GAUTIER'S PROPERTY (NEAR FIVE COR-
NERS), 316 -
PREFACE.
THE FIELD-BOOK, which is the foundation of this volume, comprises the boundaries of the old township of Bergen and of the several lots therein patented to individuals, and of the com- mon lands allotted and partitioned by the Commission of 1764. It is the manuscript record of a survey which, though intricate, is accurate, exhaustive, and authoritative ; while the adjudications of ownership, as therein contained, have never been questioned. On questions of title it has always been held in high estimation,-in fact, final and conclusive. From much use, the maps are becom- ing somewhat defaced, and the book worn and confused through the inaccurate copying, ignorant arrangement, and careless bind- ing of several leaves which had become separated from the work. Impressed with these facts, the Board of Chosen Freeholders decided to do something for the preservation of these important documents. After mature reflection, the plan of simple reprodue- tion, which at first suggested itself, was abandoned, and the following commendable action taken by the Board on the 12th of January, 1871 :-
Whereas, The greatly increased values of land in the County are directing closer attention than formerly to titles ; and,
Whereas, The FIELD-BOOK and MAPS made under the direction of the Com- mission of 1764 are regarded as quite conclusive upon questions of title up to that time, and are, from their great age and continual use, in such a ruinous con- dition that this Board should take prompt action for their preservation before it is too late ; and,
viii
PREFACE.
Whereas, It would be of great value to the public generally, and land-owners in the County particularly, that the same should be edited and published in book form, instead of being copied ; therefore,
Resolved, That a committee of three be appointed, with power to secure the services of some competent person to edit and publish the FIELD-BOOK, and MAPS accompanying the same, in book form.
The committee, consisting of Jeremiah B. Cleveland, Henry D. Van Nostrand, and John M. Wilson, appointed under these resolu- tions, requested the undersigned to undertake the work. This request was acceded to, with a full appreciation of the magnitude of the task, and with the consciousness that, if properly performed, the result would be of great utility, though it might not be pecuniarily profitable, nor in a general sense popular.
It cannot be denied that the tenacity with which, until a recent period, the descendants of the original owners had retained their ancestral acres, has rendered the work easier than it otherwise would have been. Nevertheless, the subject has grown much beyond what was originally contemplated. New matter has been found, unrecorded deeds and unproved wills have been brought from their hiding-places, and even a NEW FIELD-BOOK and MAPS, complete and in good preservation, which, in their quiet sleep in the old garret, had outlived the memory of man, are now given to the inspection of the curious. Of the great assistance they will be to the conveyaneer there can be no doubt.
Much care has been taken to reproduce the text of the FIELD- BOOK without the slightest variation, even in orthography or punc- tuation. The original paging has been preserved in the margin of this volume, and all references in the body of the work are to the marginal pages. The object, from the beginning, has been to make the volume one of accuracy and usefulness, rather than of dis- play of antiquarian research. The opening chapters give a brief history of the titles under the Dutch, the King, and Lords Proprie- tors, as well as the disputes concerning the common lands which led to the intervention of the Legislature, and their allotment. The greater part of the labor performed in the preparation of the
ix
PREFACE.
work has been expended in notes to the several lots described in the FIELD-BOOK.
Though not within the scope of the original plan, it has been deemed advisable to insert a chapter on the early acquisition and ownership of New Barbadoes Neck, so far as the same now lies within the townships of Harrison and Kearney.
As, until a recent period, most of the transfers of lands in the old township of Bergen were by devise or descent, the conveyancer will find the record of MARRIAGES, BIRTHS, AND DEATHIS, hercin for the first time published, of great use in his investigations. It is taken from the RECORDS of the Old Bergen Reformed Church, and for the most part translated form the Dutch. These records be- gin in 1664, and as here published contain the marriages down to 1830, the births to 1825, and the deaths to 1850.
The article of Mr. Delos E. Culver on the magnetic needle will be useful to surveyors and interesting to the general reader. In connection therewith it may be well to insert here what should have been inserted in another place :
" Latitude and Longitude of Hudson County Court-House, North Bergen, New Jersey :-
Latitude, Longitude in time,
- 40° 43' 50" N. 4h. 56m. 14s. 7t. 3
14 48 44 1
5
West from Greenwich -
74 03 40 5
Variation of Compass in 1841. 5° 52.
July 7, 1846.
W. C. WETMORE,
U. S. Navy."
In the foot-notes, brief sketches of the patentees have, in most instances, been given. In some cases these sketches have been purposely omitted for more appropriate insertion in the "History of Hudson County," which is now in course of preparation. In these foot-notes to the several patents, allotments, and subdivisions, has been concentrated all the information which could be obtained
PREFACE.
concerning each lot laid down and numbered on the map. For this information the records at Albany, Perth Amboy, Trenton, Hackensack, and those in the office of the Clerk of the Common Council of New York, have been searched. But few references to authorities have been given, for the reason that such references would have occupied no inconsiderable portion of the volume. Dates have, in nearly all instances, been given; and these, it is hoped, will be a sufficient guide in the investigations of titles.
It ought not to be expected, in a work of this character, to find an abstract of every title in the County. Whoever looks for that may as well leave these pages unread, for he will be disappointed. Yet there has been gathered here, and so arranged as to bear upon each lot, a mass of facts and dates which, it is hoped, will make the book a necessity to lawyers and conveyancers, and a source of gratification to land-owners.
There can hardly be a doubt but that errors of commission and omission will be discovered, of which the author hopes to be informed. The few typographical errors in the book the reader will readily detect, and they need not, therefore, be pointed out.
A number of small maps have been prepared and inserted in the text, for the purpose of showing the location or partition of lots. More would have been inserted could they have been obtained. Considerable trouble was taken to discover Haring's Map of the Bayard Commons. Failing in that, it has, with the assistance of Richard D. Dodge, been reproduced. The MAPS which accompany this work have been prepared, with much labor and expense, by the firm of Mallory & Miller (Franklin J. Mallory and William W. Miller), city surveyors of Jersey City. They are intended to be, and, it is believed, are, fac-similes of the origi- nals. They will be enduring monuments to the ability and accuracy of those enterprising gentlemen. On the FIELD MAP have been traced certain roads, railways, and prominent objects, for the purpose of aiding in the location of property. These, with the descriptions of lots given in the foot-notes, will, it is thought, be sufficient for that purpose.
xi
PREFACE.
In conclusion, it may be well to remind the critical reader that this volume was prepared mostly at night, and its materials were gathered in moments taken from the hours of business. It is now twelve months since the work was begun, and the labor in its preparation has been to the author a labor of love. During this time he has, as it were, lived among the memories of a bygone age. The uncouth names of the original settlers have become familiar as household words, and their signatures are as well known to him as his own. With this goodly company he must now part for a time, committing them, with their honest simplicity, and the book with its imperfections, to the tender mercies of the reader, who may be assured, that, if the work meet the approval of those whose experience enables them to appreciate the magnitude of the undertaking, and whose profession and learning qualify them to judge of its merits, the author can hope for no more.
HILLSIDE, Feb. 6, 1872.
C. H. W.
LAND TITLES
IN
HUDSON COUNTY,
NEW JERSEY.
CHAPTER I.
UNDER THIE DUTCH.
BETWEEN 1609 and 1614 this part of the American Continent was visited only by occasional traders. On the 27th of March, 1614, the States-General, in compliance with the wishes of some Holland merchants, made an octroy,* giving to those who should discover new lands a monopoly of trade with the same for four voyages. Immediately some merchants of Amsterdam and Hoorn fitted out five ships, three of which came to the Great River of the Manhattans, and thence passed through the Sound and along the coast as far cast as Cape Cod. When the report of these voyages was made at home, the merchants interested in the · vessels obtained from the States-General, October 11, 1614, a monopoly of the trade with "New Netherland " for four voyages within a period of three years, dating from January 1, 1615. They assumed the name of " The United New Netherland Com- pany." On the expiration of the charter, January 1, 1618, the company did not obtain a renewal thereof, but the individual members of the company, by special license, continued to control the trade of which they previously had the monopoly.
" The Dutch West India Company " was chartered June 3, 1621. Its powers of government were vested in five chambers, but its general supervision was lodged in nineteen delegates from the five chambers known as the " Assembly of XIX." It was not, however, until 1623 that any movement was made looking to
* A grant.
I
2
LAND TITLES.
an active and systematized trade with this country. In 1624 Peter Minuit came out as Director-General. From this time until 1629 the company made no attempt to establish permanent settlements, but bent every energy to build up a profitable trade with the natives. On June 7, 1629, an earnest effort was put forth to induce persons to settle in the country, and measures adopted at the same time to secure the advantages of such settlements to the directors of the com- pany. The " Assembly of XIX." agreed upon what they called, " FREEDOMS AND EXEMPTIONS,
granted by the 'Assembly of XIX.' of the Privileged West India Company, to all such as shall plant any colonies in New Netherland."
Among other articles, not necessary to be mentioned here, were the following :
III .- All such shall be acknowledged Patroons of New Netherland who shall, within the space of four years next after they have given notice to any of the Chambers of the Company here, or to the Commander or Council there, undertake to plant a colonie there of fifty souls, upwards of fifteen years old ; one-fourth part within one year, and within three years after the sending of the first, mak- ing together four years, the remainder, to the full number of fifty persons, to be shipped from hence, on pain, in case of wilful neglect, of being deprived of the privileges obtained. *
V .- The Patroons, by virtue of their power, shall and may be permitted, at such places as they shall settle their colonies, to extend their limits four miles* along the shore, that is, on one side of a navigable river, or two miles on each side of a river, and so far into the country as the situation of the occupiers will permit. *
VI .- They shall forever possess and enjoy all the lands lying within the aforesaid limits, together with the fruits, rights, minerals, rivers, and fountains thereof; as also the chief command and lower jurisdic- tions, fishing, fowling, and grinding, to the exclusion of all others, to be holden from the Company as a perpetual inheritance, without it ever devolving again to the Company, and in case it should de- volve, to be redeemed and repossessed with twenty guilders per colony, to be paid to this Company, at the Chamber here, or to their Commander there, within a year and six weeks after the same occurs, each at the Chamber where he originally sailed from.
* * *
XXVI .- Whosoever shall settle any colonie out of the limits of the Manhattes Island shall be obliged to satisfy the Indians for the land they shall settle upon, and they may extend or enlarge the limits of their colonies if they settle a proportionate number of colonists thereon.
Equal to sixteen English miles. These articles may be found in extenso in O'Cal N. N., i. 112.
3
LAND TITLES.
The directors were not slow, in fact some of them did not wait for the ratification of this charter, to secure the advantages here held out. Godyn and Bloemmaert took up a large tract near Cape Henlopen, also a tract sixteen miles square at Cape May. Kiliaen van Rensselaer secured the territory near Fort Orange. The Director-General and Council of New Netherland, acting for Burgomaster Michael Pauw, Lord of Achtienhoven, obtained the following deeds for lands in this county :
Jule, Director and Council of New Netherland, residing on the Island of Manahatas and the Fort Amsterdam, under the author- ity of their Digh Mightinesses the Lords States-General of this United Netherlands and the Incorporated dulest India Company, at their Chambers at Amsterdam, do hereby witness and declare that on this day, the date hereof underwritten, before us in their proper persons appeared and showed themselves, to wit : Aromimicauw, Tekwappo, and Sacktwomeck, inhabitants and joint owners of the land called Doboran Lackingh, lying over against (opposite) the aforesaid Esland Manhatas, who both for themselves and rato cavern, for the remaining joint owners of the same land, declared that for and in consideration of a certain quantity of merchandize, which they ac- knowledged to have received into their own hands, power, and possession, before the passing of these presents in a right, true, and free ownership, have sold, transported, ceded, conveyed, and made over, and by these presents they do transport, cede, and convey to and for the behoof of fr. Michiel Pauw, absent, and for whom we, ex-officio, accept under suitable stipulations, viz. : the aforesaid lands by us named Dobocan Lacttingh), extending on the South side, Ahasimus; Eastward, the Riv= cr Mauritius, and on the West side surrounded by a valley (marsh ) and morass, through which the boundaries of said land can be seen with sufficient clearness, and be distinguished; and that, with all the jurisdic- tion, right, and equity, to them, the grantors, in their quality aforesaid, belonging : Constituting and putting in their place and stead the already mentioned fr. Pauw, in the real and actual possession thereof, and at the same time giving full and irrevocable power, authority, and special command to the said Mr. Pauw peaceably to enjoy, occupy, cultivate, have and hold the aforesaid land, tanquam actor et procurator in rem suam acpropriam ; and also to do with and dispose of the same as he might do with his own lands to which he has a good and lawful title; without their, the grantors, in their quality aforesaid, saving or reserving any part, right, action, or authority thereto in the least, either of ownership or jurisdiction ; but altogether to the behoof as aforesaid, henceforth, for- ever, wholly, and finally desisting, renouncing, and quit-claiming ; prom- ising hereby, moreover, not only to keep, maintain, and fulfil this their grant, and whatever shall be done by virtue thereof, inviolable and irre- vocable forever, but also to keep and maintain the same land against all persons free from any claim, challenge, or incumbrance to be made thereon by any person ; as also to cause this sale and grant to be approved of and held valid by the remaining joint owners as they are by right obligated to do; all in good faith without fraud or deceit.
LAND TITLES.
In witness whereof these presents are confirmed with our usual signature and with our seal thereto affixed.
Done at the aforesaid Island of Manahatas, in Fort Amsterdam, this 12th July, 1630 .*
Tue, the Director and Council of New Netherland, residing on the Island of Manahatas, under the jurisdiction of their High Mightinesses the Lords, the States-General of the United Netherlands, and the General Encorporated amest Endía Company, do, by these presents publish and declare, that on this day, the date underwritten, before us in their own proper persons, came and appeared, Rititoauw and Aiarouw, Virginians, Inhabitants and joint owners of the land named Ahasimus and the peninsula Ares= sich, as well for themselves as, rato caverende, for Mingm, alath= kath and Cauwins, joint proprietors of the same parcels of land, and declared in the same quality that for and in consideration of certain parcels of goods, which they the appearers acknowledged before the passing of these presents to their full gratitude and satisfaction to have received into their possession, hands, and power in their right and free (unincumbered ) ownership, and by virtue of the title and article of sale, they have sold, transported, ceded, and delivered, and by these presents they do transport, cede, and deliver to and for the behoof of the Noble Lord Michiel Dauw (absent ), and for whom we, ex-officio, accept the same with suitable stipulations, namely, the aforesaid land Ahasimus and Aressich, by us named the authores Corner, extending along the river Mauritius and the Island of the Manahatas on the east side, and the Island Doboken Hattingh on the north side, surrounded by swamps, which are sufficiently distinct boundaries, and that with all the action, right, and equity to them in their quality aforesaid appertaining, constituting and substituting the said grantee as the attor- ney for the said fur. Pauw, in their stead and state, in the real and actual possession of the same, and at the same time giving him full and irrevocable power, authority, and special license, to the said At. pauw; and to his successors, tanquam in rem suam, the aforesaid land and its appurtenances peaceably to enter upon, possess, inhabit, farm, occupy, use, and to do therewith and thereon, trade and dis- pose as he the cedentee may do with his own lands and domains honestly and legally obtained, without their, the Grantors, in their aforesaid quality, having thereto or any part thereof, any part, right, action, or jurisdiction in the least, without reserving or saving any own- ership, command, or jurisdiction, but to the behoof aforesaid from hence- forth and forever, wholly and absolutely desisting, relinquishing, and re- nouncing by these Presents. Promoting, moreover, not only this their conveyance, and all that may be done by virtue thereof, to keep forever firm, inviolable, and irrevocable, but also the said land to deliver and keep from all demands, challenge, or incumbrances, any and every one that may thereto make any pretense ; and, moreover, this purchase and conveyance to cause to be approved and made valid by the other joint owners, as in equity they are bound to do, standing thereto in all good faith without fraud or deceit. EMfitness our several signatures and con- firmed by our seal appended thereto.
Done at Manahattas in the Fort Amsterdam this 22d day of Nov .. in the year 1630.+
* Land Papers (Albany), G. G. 1.
t Land Papers (Albany,) G. G. 8.
5
LAND TITLES.
Thus Pauw became the owner of all the land east of the hill and the mill creek, lying between the kil of Hoboken on the north and Communipaw Bay on the south. These bounds are sufficiently expressed and are well known. Yet he seems to have been the owner of "Gemoenepaen," and it was in his colony. By what right, we do not know. There is no record that he bought of the Indians any land besides Hoboken, Ahasimus, and Aressick ; and yet, for all we know, he may have claimed, without extinguishing the Indian title, the whole peninsula down to the kills, as he certainly extended his ownership over to Staten Island .* His own name was given to his possessions, and the district was known as Pavonia.
The directors who had failed to become patroons and owners of large and valuable tracts became jealous of those who had been successful, and soon raised dissensions. This caused the patroons to share their advantages with others of the directors. Pauw alone refused to divide. He held on with great tenacity to his valuable territory, yet does not seem to have complied with Article III. of the " Freedoms and Exemptions " in its settlement. After a prolonged controversy with the XIX., he finally trans- ferred to the company all of his right and title to Pavonia for 26,000 florins. This probably took place in 1637, certainly before July, 1638.+
During the next twenty-six years a number of grants of land in this county were made, but, in order to preserve a connected history of the general title, we will leave the particular grants for " Notes to the Field Book."
Notwithstanding the deeds to Pauw, Gov. Stuyvesant was not satisfied that the title of the Dutch to all the land in this county, cast of the Hackensack River, was perfect. In order, therefore, as well to quiet the minds of the Indians as to secure the land not covered by Pauw's deed, he obtained the following deed :
" This day, the date hereunder written, appeared before the Honor- able Director-General, Petrus Stuyvesant, and the gentlemen of the Council of New Netherlandt, at the Council Chamber, in the Fort Amsterdam, in New Netherlandt, Therincques, Wawapehack, Saghkins, Kogkhennigh, Bomokan, Memiwokan, Sames, Wewenatokwee, for them-
Land Papers (Albany) G. G. 6: Thus was Staten Island a part of the colonie of Pauw, as it should have remained.' + Col. Hist. of N. Y., i. 432.
6
LAND TITLES.
selves and in the name of Moikopes, Pepoghon, Parsoihques, and others, partners of the lands hereafter mentioned. Who declare to be the right owners of the lands lying on the West side of the North River, in New Netherlandt, beginning by the great Rock above Wiehacken, and from thence cross through the lands, till above the Islandt Siskakes, and from thence along the Channel side till Constable's Hook. And from Constable's Hook again, till the aforementioned Rock, above Wiehacken, with all the lands, islands, channels, valleys, therein compre- hended, in such manner as the aforementioned parcel of lands are sur- rounded and encompassed by the North River, the Kill van Koll, and the aforesaid direct line from the Rock above Wiehacken, till above Sis- kakes, where it is divided by the Channel. Which lands they offer absolutely, to sell unto the Director-General and Council, upon which the General and Council on the one side, and the aforesaid Indians, for themselves and them that are absent, have accorded and agreed in the manner following, in the presence of the hereafter mentioned Christian and Indian witnesses : The aforesaid Indians do acknowledge to have sold, resigned, and transported, as they do, by these presents, all the lands heretofore mentioned, to the aforesaid Director-General and Council and their successors, for eighty fathom of wampum, twenty fathom of cloth, twelve kettles, six guns, two blankets, one double kettle, and one half- barrel of strong beer. Which effects they hereby acknowledge to have enjoyed and received before the passing and signing of this.
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