USA > New Jersey > Somerset County > Centennial history of Somerset County [New Jersey] > Part 4
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CHAPTER IV.
COURTS, AND THE ADMINISTRATION OF JUSTICE.
Somerset County. though formed in 1688, was not fully organized until 1724. It had no courts of its own, but was dependent for the administration of justice upon the courts of Middlesex for 36 years. An act passed by the Territorial Legislature, April 23, 1724. refers to an ordi- nance of 1723, as inconvenient to the inhabitants of Somer- set, both as to the times and places of holding courts, and fixes the courts of Somerset "at the court house" on Thurs- day after the third Monday in September ; Thursday after the second Monday in December ; Thursday after the fourth Monday in February, and Thursday after the fourth Monday in May. Field's Prov. Courts, 7-11.
The court house referred to in the above act was built at Six Mile Run, a short distance east of the church ; a few stones, part of its foundation, ar- said to be still visible and point out the spot. Tradition furnishes no idea of the character or form of the building A single precept, dated April 3d 1729, the second year of the reign of George II, directed to the coroner of the county and commanding him to canse to be made 14& 14s 4 pence of the goods and chattles of Adrian Bennet, Innholdor, late of the County of Somerset, recovered against him by reason of a certain trespass upon the case as adjudicated by Daniel Hollings- head, Judge and Justice of the county. We give this remnant of olden times, as a curiosity :
"NEW JERSEY SS George the Second, by the Grace of
SOMERSET
God of Great Brittain, France and Ireland, King Defender of the faith, d.c.
To the Coroner of the County of Somerset Greeting : We Command you, that you of the Goods and Chattles of Adrain Bennet, Late of the County of Somerset, Innholder In Your Bailiwick, You cause to be made fourteen pounds,
1
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fourteen shillings and fourpence. Wh. Daniel Hollings- head the Judge and Justice of our County Court for hold- ing of pleas for the County of Somerset In the Sd Court Recovered against him the said Adrian Bennet by Reason of a Certain Trespass upon the Case Lately Done to him the Sd Hollingshead, &c , &c.
Witness Thomas Leonard. Esq., Judge of our Sd Court at .ye house aforesaid. ye third Day of April in ye Second year of our Reign.
Vera Copia.
WILL HOLLIGSHEAD, CI.
FRANCIS HARRISON, Coroner.
This house with the Jail belonging to it was accidentally destroyed by fire in 1737, and by an act of the Legislature dated the same year, another court house was directed to be built at Millstone. This house stood until 1779, when it was also burnt, October 27 by the Queen's Rangers un- der command of Lieutenant Colonel Simcoe, together with the first Church of Raritan. After this catastrophe the courts were removed to Somerville, and were held at first. in a small building known as the "Court Martial House," standing on Mount Pleasant east of our village ; then in a log house occupying part of the ground on which Dr. Wilson's house and premises now stand. The present court house was built in 1798.
As regards the administration of justice-Courts were provided for in the Concessions of Berkley and Carteret, and the power of originating them and defining their jurisdic- tion was given to the General Assembly. This body met for the first time at Elizabeth in 1668. It held however only two sessions of four days each, passed a very few acts, and then on account of the unsettled state of public opin- ion adjourned, and seven years elapsed before another As- sembly convened. It is therefore only in 1675 that courts were really established in East New Jersey. However, in
Woodbridge and Bergen, Courts really existed as early as 1668, and in Monmouth in 1667. It seems to have been by common consent, under Proprietary Concessions.
When the assembly met in 1675, the first act passed re- lated to the establishment of courts of justice. It provi-
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SOMERSET COUNTY.
ded first for a monthly court for the trial of small canses under 40 shillings. This court was to be held on the first Wednesday of every month, in each township. by two or three persons chosen by the people, one of whom must be a Justice of the Peace. Second. there were to be county courts to be held! twice a year in each county, and the act provided at the same time for four counties, Bergen one, Elizabeth and Newark a second, Woodbrige and Piscata- way a third, and the two towns of Navesink a fourth, ma- king the first counties to be Bergen, Essex, Middlesex and Monmouth. In these courts all actionable causes were tried and there was no appeal under the sum of £20 "ex- cept to the bench or court of chancery." By "the bench" was meant what was called the "court of assize"-a court provided to be held once a year at Woodbridge, or where the Governor and council appointed. It was, in other words, "the Supreme Court" and appeals could be made to the Governor and Council, in certain cases,
These courts were modified front time to time as circum- stances seemed to require and in 1682 the four original counties were divided into townships. We give the origin- al Letter Patent from George II, for the formation of Bridgewater Township. Whether any of the others are in existence is doubtful
G EORGE the Second by the Grace of God of Great Britain France and Ireland. King, Defender of the faith &c TO ALL to whom these presents shall come GREETING. Know that we of our Especial Grace Certain knowledge and Mere Motion Have Given and Granted, and by these presents do give and Grant for us our heirs and Successors to the Townships of the Southermost part of the North- ern Precinct of our County of Somerset in our Province of New Jersey within the following boundaries (to wit) BEGINNING at the Mouth of a Bound Brook where it Emties into Rariton. thence up the said Bound Brook to the Mouth of Sig Provincie Nostrae. No- ra Ceserea in America. Green Brook thence up the said Brook to the King's Road at Lawrence Ruth's Mill; thence Northerly up the said Road to the Top of the Second Mountain; thence
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SOMERSET COUNTY.
Westerly along the Top of the said Mountain to the Gap by Jacob Brewers; thence down the said Gap to Chamber's Brook by McDonald's Mill; thence down the said Brook to the North Branch; thence up the said Branch to Laoma- tong; then up said Laomatong to the Division line between East and West Jersey; thence along said Line to the South Branch of Rariton River; thence up said Branch to the Month of the North Branch of said River; thence down said Rariton to the Place where it Began, To be and remain a Perpetual Township and Community, in Word and in Deed to be Called and known by the Name of the Town- ship of Bridgewater, AND WE FURTHER GRANT to the Inhabitants of the township aforesaid and their Successors and to Choose annually a Constable, Overseers of the Poor and Overseers of the Highways for the Township aforesaid and to Enjoy all the Privileges, Rights, Liberties and Im- munities that any other Township, in our said Province, do or may of Right enjoy and the said Inhabitants are hereby Constituted and appointed a Township by the Name afore. said. - To HAVE HOLD AND ENJOY the privileges aforesaid to them and their Successors forever. IN TESTIMONY where- of we have Caused these our Letters to be made Patent and the Great Seal of our said Province of New Jersey to be hereunto affixed. WITNESS Our Trusty and well beloved Jonathan Belcher, Esgr : Our Captain General and Gov- ernor in Chief in and over His Majesties Province of Nova Ceserea or New Jersey and Territories thereon Depending in America, Chancellor and Vice Admiral in the Same &c. at our City of Burlington in our said Province the fourth day of April in the twenty second Year of our Reign. An- no Dom MDCCXLIX ;
Read.
Let the Great Seal of the Province of New Jersey be affixed to the within Letters Patent.
To the Secretary of the J. BELCHER.
Province of New Jersey S
The early laws found upon the statute book may be characterized as judicious and liberal. Liberty of con- science was secured, the desecration of the Sabbath forbid-
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SOMERSET COUNTY.
den rioting, drunkenness and debauchery were severely pun- ished, arson. murder, night walking. false wit :ess, selling liquor to the savages, burglary, beggary are all condemned with penalties ; and everything done which appeared to the law makers to be necessary to secure integrity, good order, morality, and a prosperous and happy state of society.
We may indeed refer with pride to several enactments on the subject of schools and education at an early day, evincing a very liberal spirit and a high appreciation of learning, by no means common in that age and even in bet- ter ordered communities. In 1693 the following ordinance was passed : "Whereas the cultivation of learning and good manners, tends greatly to the good and benefit of mankind, which hath hitherto been much neglected within this Province, be it therefore enacted by the Governor, Council and Deputies in General Assembly now met and assembled, and by the authority of the same that the in- habitants of any town within this Province, shall and may, by a warrant from a Justice of Peace of that county, when they think fit and convenient, meet together and make choice of three or more men of the said town, to make a rate for the salary and maintaining of a schoolmaster with- in the sai i town for so long time as they think fit ; anl the consent and agreement of the major part of the inhabi- tants of the said town shall bind and oblige the remaining part of the inhabitants of the said town, to satisfy and pay their shares and proportion of the said rate ; and in case of refusal or non payment, distress to be made upon the goods and chattles of such person or persons, so refusing or not paying, by the con stable of the said town, by virtue of a warrant from a Justice of the Peace of that county, and the distress so taken, to be sold at a public vendue, and the overplus, if any be, after the payment of the said rate and charges, to be returned to the owner." Leaming and Spi- cer's Laws, page 328.
Two years later, in 1695, it is enacted that three men be chosen year by year, and every year, in each respective town, to appoint and agree with a schoolmaster ; and the three men so chosen to have power to nominate and ap- point the most convenient place and places where the
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SOMERSET COUNTY.
school shall be kept from time to time, that as near as may be, the whole inhabitants may have the benefit thereof.
Ir the charter of Woodbridge, June 1, 1669, it is provi- ded that 200 acres of land should be laid out for the minis- ter, and 100 for the maintainance of a free school.
There was a public school in Newark as early as 1676, but the teacher's labors were confined to the children and servants of those who had subscribed for its maintainance
Justice has always been fairly administered in Somerset County, and the laws vigorously enforced by the punish- ment of crime. Perhaps it is owing to this fact, that so few henious and capital offenses have been committed within its bounds. It is certainly remarkable that in our county during the 182 years of its existence, there have been but three persons publicly executed, and these were all nearly at the same time. and soon after the Revolution. We happen to have been privileged with an inspection of the "minutes" of the trial in one of these cases, in the Docket of Jacob Van Ostrand Esq., a Justice of the Peace in and for the County of Somerset. We present it as a curiosity, and also as being characteristic of the mode of proceeding in criminal cases, in earlier days It bears date Dec. 18, 1769, and is entitled an action in regard to J. Castner's Harry, and Jeronemous Van Nest complain- ant, for breaking his negro Jupiter's head. Harry con- fessed that he had hit him with a stand block, a foot square, weighing 5 or 6 pounds. Harry told Rynier Van Nest that he had killed Jupiter ; wherefore I ordered him to be put in jail, Dec. 22, 1669. Jacob Van Ostrand hav- ing associate | with himself two Justices of the Peace, Mr. Van Horne, and Benjamin Morgan, and 5 Freeholders, viz : William Crook, John Vroom, John Baptist Dumont, Samuel Staats Coejeman, and Matthew Ten Eyck, Sen ; and several witnesses being examined, after having been duly sworn the three Justices and the Freeholders found him guilty of murder and ordered him to be executed on the 31 of December. Singular as such a proceeding now appears, it was in due form of law, and in full accordance with an act passed in 1714. It applied to murders and other offenses ; and the penalty was to be adjudged ac-
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SOMERSET COUNTY.
cording to the enormity of the crime in the judgment of the three Justices and five Freeholders. See Nevilles laws vol. 1 page 19. There was more form in this than the Regulators observe, and a little more time given, but cer- tainly justice was sufficiently stern and speedy .
Again in 1788, there were two public executions in Somerset county ; both slaves and both for setting fire to an outbuilding. Sept. 19 Sam the elder, and Sam the younger slaves of Richard McDonald were indicted and tried, and in October the same year Dine, belonging to Peter Dumont of Bridgewater, One of the negroes was respited-the other was hung in company with Dine on Gallows Hill, north of Somerville.
Two soldiers also were hung on Mount Pleasant during one of the winters when there was an encampment of part of Washington's army in Somerset. We give the account from Thatcher's military Journal, who was present in the camp and an eye witness of what he relates. The location of the camp was on the slope to the north east from Mount Pleasant. There 'was also a cantonment on the south side of the residence of Henry H. Garretson, where Wayne's Corps was stationed and went from this point in June to storm and take Stony Point. The ground near Mount Pleasant was a dense forest and the destruction of timber must have been extensive. But let us hear Dr. Thatcher. "Feb. 1779, having continued to live under the cover of , canvass tents most of the winter, we have suffered exten- sively from exposure ty colds, our soldiers have been en- ployed six or eight weeks in constructing log huts which at length are complete, and both officers and soldiers are under comfortable covering for the remainder of the win- ter. Log houses are constructed with trunks of trees, cut into various lengths according to the size intended ; and are firmly connected by notches cut at their extremities in the manner of dovetailing. The vacancies between the logs are filled with plastering consisting of mud and clay. The roof is formed of smaller pieces of timber and covered with hewn slabs. The chimney situated at one end of the house is made of similar but smaller timbers ; and both the inner and outside are covered with clay plaster to de-
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SOMERSET COUNTY.
fend the wood against the fire. The doors and windows are formed by sawing away a part of the logs of a proper size, and move on wooden hinges. In this manner have our soldiers without nails an I almost withont tools, except the axe and saw, provided for their officers and themselves convenient and comfortable quarters with little or no ex- pense to the public. The huts are arranged in straight lines, forming a regular uniform compact village, The officers huts are situated in front of the line according to their rank-the kitchen in the rear is similar in form to tent encampment. The ground for a considerable distance in front of the soldier's lin . of huts is cleared of wood and rubbish, and is every morning swept clean for the purpose of a parade ground, and roll call of the respective regiments. The officer's huts are generally divided into two apart- ments, and are occupied by three or four officers, who com- pose one mess. Those for the soldiers have but one room, and contain ten or twelve men with their cabins placed one above the other against the wall and filled with straw, and one blanket for each man. I now occupy a hut with our field officers Col, Gibson Col. Brent and Maj. Merriweather." The description will apply equally to the three encamp- ments ; at which of them Thatcher lived is not determined ; probably at Mount Pleasant. He proceeds under date of April 20 to say :
"Five soldiers were conducted to the gallows, according to their sentences for the crimes of desertion and robbing the inhabitants. A detachment of troops and a concourse of people formed a circle around the gallows, and the crim- inals were brought in a cart sitting on their coffins, with halters around their necks. While in this awful situation, trembling on the verge of eternity, three of them received a pardon from the commander-in-chief, who is always ten- derly disposed to spare the lives of his soldiers. They ac- knowledged the justice of their sentence, and expressed their warmest thanksgiving and gratitude for their merci- ful pardon. The two others were obliged to submit to their fate, one of them was accompanied to the fatal spot by an affectionate and sympathizing brother, which rendered the scene uncommonly distressing, and forced tears of com-
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SOMERSET COUNTY.
passion from the eyes of numerous spectators. They re- peatedly embraced and kissed each other, with all the fervor of brotherly love, and would not be separated till the executioner was obliged to perform his duty ; when with a flood of tears and mournful lamentations, they bade each other an eternal adieu-the criminal trembling under the horrors of an untimely and disgraceful death, and the brother overwhelmed with sorrow and anguish for one whom he held most dear."
Since these scenes were enacted the gallows has not been seen within the bounds of Somerset. It is now a hundred years, and amid all the excitement of interest and sin, all the crimes committed under their influence, murder has not been proved against any one of its citizens, in such a form as to necessitate the punishment of it by a public exe- cution. May it long continue to be so, to the distinguish- ed honor ofits citizens.
CHAPTER V.
SOME OF THE MEN OF SOMERSET.
In attempting to give a notice of some of the prominent men of the County of Somerset, we begin with those who held its lands in the first instance. We have noticed al- ready some of them, but think it proper to append the fol- lowing, viz :
Thomas Codrington was Sheriff in New York City from 1691, to 1692. He came and resided on his lands along Middlebrook, probably soon after the latter date. His place was called Rackahacawanna and came into the pos- session of Alexander Campbell. Daniel Talmage owned it a few years since.
John Delavall was a son of Thomas Delavall, a captain under Col. Nichols when New York was captured in 1664. It seems from some transactions of his that he had been in the city before this time, but immediately after the surren- der he took a prominent part in the administration of pub- lic affairs. He owned a farm at Harlem as well as a resi- dence in the city, on the south east corner of Broad Street and Exchange Place, embracing an orchard and a large garden. Visiting England in 1669, he had a conference with the Duke of York, who sent by him to the Mayor and Aldermen of the city, a mace of office and a gown to be worn on proper occasions. He died at his residence in 1681, leaving a large estate. His son John Delavall, who mar- ried Catharina Van Courtland, was interested in land grants on the Raritan, but continued to reside in the city . How long is not ascertained, but in a list of the inhabitants of New York in 1703, his name is not found, nor does it appear in subsequent times. He had several sisters who married men of prominence in that day.
Gabriel Minvielle, merchant, was Mayor of the City of
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SOMERSET COUNTY.
New York in 1684, Alderman in 1675, and a member of the Colonial Council under Governors Slaughter, Ingolds- and Fletcher. He was a Frenchman by descent, but lived in early life in Amsterdam, Holland. In the year 1669 he established himself as a merchant, in New Amsterdam (New York) and carried on an extensive foreign trade. He married Susannah, a daughter of John Lawrence, a wealthy merchant of the city, and fixed his residence on the vest side of Broadway in a fine mansion near the Bowling Green. Mr. Minvielle died in 1702, leaving no children and the name consequently became extinct. He had been a resident of the city for some twelve years, when he be- came interested in lands on the Raritan. In 1703 there were three families in the city of New York bearing the name of Minvielle, viz : Peter Minvielle having a family consisting of one male, one female and one negress ; Mrs. Minvielle, probably the wife of Gabriel, who had died the previous year, one female, one child, two negresses ; and David Minvielle having in his family one male two females one child, one negro and one negress. He is recorded in 1674, after the final surrender of the city to the English, as being worth an estate of $15,000, a large estate for that day; there being only three persons, viz : Jacob, Leister, and William Delavall, worth $30,000 each, and Samuel Wilson $20,000-estimated higher than he was.
Richard Hall, was the son of Thomas Hall, who died in the city of New York 1670. Mr. Hall's father was an Englishman by birth, but having joined with others from New England in an attempt upon the Dutch Colony at the mouth of Delaware River, was taken prisoner and sent to New York. He was treated with leniency by the authori- ties, and finally obtained the rights of citizenship. In 1639, with a partner, he attempted to locate a tobacco plantation at "Dentel bay," Turtle bay on the East River. In 1654 he purchased property on a hill near the present Beekman street. and erected a house. His heirs sold it after his death to William Beekman. Of Richard Hall we know only his being a joint owner of that splendid tract of land west of Middlebrook The name is respectable, and nu- inerous in Somerset County at the present time.
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SOMERSET COUNTY.
Peter Sonmans was a native of Holland, a man of activi- ty and energy, educated at the University of Leyden He held important offices under the Prince of Orange after he be- came Wm. IHI King of England, and most probably ac- companied him when he went to take possession of the throne. He was Surveyor General of New Jersey for four years, a member of the Council, a Judge of the Court of Common Pleas, and represented the County of Bergen in the House of Assembly. He was a Churchman 'by pro- fession, but gave land to build the Presbyterian Church at Hopewell, and a Dutch Church at Harlingen. He owned land in Somerset County, but never resided within its limits. His father, Aaent Soumans, was one of the original Pro- prietors of East Jersey. His residence was in Bergen County. His reputation is not spoken of as being very good.
Gawen Lawrie was originally a merchant. in London, and from his name seems to have been of Scotch extrac- tion. He became at first interested in thelaffairs of New Jersey by being appointed in connection with Wm. Penn and Nicholas Lucas, one of the Trustees of Edward Byllinge, one of the original proprietors of West Jersey. When the Duke of York confirmed the sale of the Province March 14, 1682, to the twenty four Proprietors, by giving them a new grant with increased and more fill privileges. Lawrie is named as one of them. When Governor Rud- yard left the Province at the close of the year 1685, Gawen Lawrie was appointed in his place as Deputy of Barclay. He is represented as possessing qualifications well fitted for the place ; intelligence, activity, energy and business habits being made conspicuons in his management of affairs. He was commissioned a Gov, in July, 1683 and arrived in the Province, in the beginning of the following year. He brought with him a new code of laws, or as they are called "Fundamental Constitutions," deemed by the framers as being far superior to the Concessions of Berkley and Car- teret, but it does not seem as if this code was ever enforc- ed. He was dismissed in 1686. The dissatisfaction arose probably from his having appropriated to his own benefit a tract of land on the Raritan, said to be superior to any
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SOMERSET COUNTY.
other land in the Province. His residence seems to have been at Elizabethtown. He was subsequently one of the Council of Lord Neil Campbell, by whom he was superce- ded. He remained in the Province until his death in the Autumn of 1687. His wife Mary survived him. They had one son James, whose daughter Isabella, married Wm. -Davis of New York, and inherited the estate of her Grand- father, and two daughters, Mary who became the wife of Wm. Haize, and Rebecca, who married Miles Foster .- Nothing known of the descendants of Mr. Haize ; a son of Mr. Foster removed to the Island of Barbadoes and two daughters continued unmarried, and so none of Lawrie's descendants finally remained in the Province.
The autograph of Gov. Lawrie, a copy of which is giv- en in Whitehead's New Jersey, does not by any means commend his clerkship, whatever his business qualifications may have been.
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