USA > New Jersey > Documents relating to the Colonial History of the state of New Jersey, Vol. XXVII > Part 5
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Time it might have cost its Author, is not just ; for there are no Persons within this County, that I know of, who pretend to hold and claim Lands by Indian Purchase, in Opposition to Crown Title. They pre- tend, and think they can prove, that they had a Crown Grant, as well as a Title by Indian Purchase. It is true " that many Years past, a Suit at Law was agreed upon between the Parties, to determine the same," and that the Purchasers chose it should be determined by the Court of Equity, and accordingly filed a Bill in Chancery : But that it was taken out of Chancery, and submitted to Arbitrators at the Re- quest of the Purchasers, is absolutely false.
And here I think the Public has a Right to know how, and by what Means the Purchasers were com- pelled to submit the above Dispute to Referees. The Dispute lay in Chancery many Years: The Purchasers wanted to obtain a Decree, that if it should be against them, they might have proper Foundation for an Appeal, and therefore urged Mat- ters for an Issue. The Proprietors, perceiving this, proposed to leave the Dispute to Arbitrators, which was positively refused by the Purchasers. All this Time, the Attorney, in Behalf of the Purchasers, E- B-, (a Man who will appear in the Light of Truth, more notorious for something else, than W- -m C-e for his Steadiness and Resolu- tion), gave his Clients, from Time to Time, the most promising hopes of gaining the Cause; and that too after he had the Bill, respective Evidences and An- swers, a long Time before him. At length (a very short Time before) he left his Clients known their
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Cause was to be tried ; but then told them Matters were not ready, their Cause difficult, &c. and refused to do any Thing more for them, unless they would give him a Deed of 1300 or 1400 Acres of Land, in Consideration of £40, which, at last, was granted. He then told them their Cause was doubtful, &c. and advised them to submit it to Referees ; but they re- fused. He then declared he would not do any Thing for them, unless they would comply with his last Pro- posal also, and this too, when his Fees, tho' for trif- fling Services, amounted near to £150 Proc. Thus, being deserted by their perfidious Attorney, in a most critical Juncture, they were constrained, by an un- happy Necessity, to submit the Dispute to Arbitra- tion. This is a true Relation of the Matter, which can be supported by unexceptional Evidence. Upon what Principles, and from what Motives this Attorney thus acted, is submitted to the Public to Judge. How he can reconcile it with his Character as a Lawyer, and his Profession as a Christian, I am utterly at a Loss ; and how he can answer therefor at GOD's Tri- bunal, it becomes him seriously to consider.
Again he asserts, that the Arbitrators who were to decide the above Dispute were "of their own choos- ing." " This is absolutely false. The Truth is direct- ly the reverse. The Public may Judge, the following Relation being attended to. After the Indian Pur- chasers were prevailed upon by the Means above mentioned, to submit their Dispute to Arbitrators, there were a Number of Gentlemen nominated by the Persons impowered to act in Behalf of the Par- ties ; out of which Number it was proposed that they
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should alternately elect four, and as the Number of Arbitrators agreed on was three, it was proposed that the Names of the four Gentlemen thus elected, should be written, each upon a separate Piece of Pa- per, and that these four Pieces of Paper should be put into a Hat, and then shuffled well together, one Paper of the four, should be by some indifferent Hand drawn out, the Person whose Name it contained, should be dismissed, and the remaining three were to be admitted as properly chosen by the Parties. This Method being proposed by the Proprietors, and submitted to by the Purchasers (or by their respect- ive Representatives) it was put in Execution, and it happened that one of the Men chosen by the Propri- etors was drawn; consequently the two chosen by the Purchasers were left, which when the Proprietors Representative found, he began to object against one of the Gentlemen, and importuned earnestly that he should be set aside, and a Person constituted in his Stead, whom he would appoint, which was refused, as an unreasonable Proposal : He at length consent- ed that this disputed Gentleman should stand as he was chosen. It was also agreed, that one of the Committee of the Purchasers, should notify these Gentlemen, and engage them to serve as Referees ; which after he had performed and obtained their Con- sent, and after he had taken much Pains, and been at much Cost in giving intelligence thereof to the Pro- prietors, a little before the Time for the expected Trial came, the Proprietors utterly refused to submit the Matter to the above disputed Gentleman, but nominated another to serve in his Stead; which, if
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the Purchasers refused to submit to, the Suit should be immediately brought on in Chancery, and Judg- ment go against them on Default. The Purchasers confiding in the Justness of their Cause, and their Attorney refusing his Assistance before the Chan- cellor; at length, with much Reluctance, submitted the Matter to the Award and Decision of the Men thus nominated and chosen by the Proprietors. Another most shocking Misrepresentation which this intolerably abusive Fellow has imposed on the Pub- lic, in order to vilify the Purchasers, is as follows ; he says, that "The Indian Purchasers, instead of abid- ing by the Award, renewed their Suit in Chancery, and upon a full hearing before the Chancellor, a De- cree was given against them," &c. Now every one would understand by this, that the Merits of the Cause was fully heard before the Chancellor, and a Decree thereupon given against the Purchasers ; than which nothing can be more false. The Merits of the Cause never was yet tried in the Court of Eq- uity, nor ever any Decree from thence against them ; unless over-ruling their Demurrer in the Award, dis- missing the Bill, &c. may be called a Decree.
Newark, Feb. 15, 1770.
Now the Public may Judge how groundless his malicious Charge against these People is, as "refus- ' ing to comply with the solemn Determination of the Court of Equity against them, and by Arbitrators of their own choosing." It is most manifest that the whole design of this cruel, merciless Fellow, was to serve his Party; and therefore determine to sacrifice Truth and every Thing to blacken the Characters of
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the much injured Purchasers, and make the distressed and oppressed appear detestable in the eyes of the Public.
The next Accusation that he brings against the poor Indian Purchasers is, that " they bid Defiance to the Laws, Government and Constitution of the Country, and have, with many others, about Twenty Days past, erected on the Lands in Dispute, a strong Hold or Gaol, and published Laws of their own making, that the Proprietors, Magistrates, Sheriffs and other Officers, coming on the Lands, to disturb - them in their peaceable Possession of those Lands, or to serve any Writs or Warrants relating to said Lands, should be put into their Gaol and confined therein, with many other Threats against his Majes- ty's Subjects ; and did then publish and declare, who had, and who had not a Right to cut Timber on the disputed Lands, and that every Transgressor, con- trary to their Edict, should be confined in Gaol." A heavy Accusation this! And if true, must indeed render the Purchasers odious in the Eyes of every loyal Subject of his Majesty and Friend to the Con- stitution. But this also is as false and groundless, as I trust it will soon appear inflamatory and spite- ful. "The strong Hold or Gaol," as he is pleased to call it, (which, by the Way, was not the Name given by its Builders) so formidable to this intrepid Scribbler and his Party, and which he says, was erected " by the Indian Purchasers and many others," was nothing more than a few rough Logs thrown to- gether by a Number of merry Fellows; nor was it designed for a Gaol, as would have been manifest to
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any Person from first View, even from its Construc- tion : Nor can I believe the " Magistrates of New- ark" would have been so weak as to have taken any Notice of it, had they gone and seen it themselves, instead of trusting to the bare Report of their malic- ious Informer, I have good Reason to believe, that the Whole of it was but humorous : Besides he rep- resents it, as tho' the Purchasers built it as a Body, " with the Assistance of many others," whereas I am confident that not one fourth of them knew any Thing of it, till some Time after it was erected. Nor was one of the Committee concerned either in the Scheme or Performance, as I am credibly informed ; and as to "publishing Laws of their own making," or " threatening Magistrates, Sheriffs, or others of his Majesty's Officers," in the legal Discharge of their respective Offices, or as to determining " who had, or who had not a Right to cut Timber on the dis- puted Lands," according to the best Information I can get, were not so much as publickly mentioned at that Time. I say, not publickly mentioned, because it is not possible to ascertain every Word that might be spoken by every Individual, especially as they were a great Part of the Time, dispersed in collect- ing Materials for this important Structure : Indeed I have been informed by two Persons who were there, that they heard something said in Contempt of the Proprietors, as such, but not a single Word in Con- tempt or Defiance of the Magistry, or any of his Majesty's Officers of the Peace, or any " Threats ex- hibited against any others of his Majestys Subjects." These therefore must be Bugbears of his own Brain,
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begotten by the Suggestions of his own jealous and malignant Heart, and here made Use of as a Mean or Medium, thro' which, to vent his Spleen and Malice.
The Magistrates of Newark, having received a false and very aggravated Representation of the Design of the above Building, and the Conduct of the Builders, "issued out Warrants to apprehend two of them," who after being examined, would doubtless have been acquitted and dismissed, had it not been to gratify some Proprietors who were then present : But being required to give "Security for their Appearance at the next Court to' be held for the County ;" and they refusing to comply there- with, were (as this Writer for once truly asserts) " committed to the common Gaol for said County." Had he been as true in relating the Method by which these Men came out of Gaol, as he happened to be in this, he would have saved me the Trouble of the following Contradiction ; but as he is a Stranger to Truth, it cannot be expected that he should long fol- low its Dictates. These Men were not "the Night of the next Day," nor any other Time, on the above Account, "released from Gaol on Bail :" Nor did they so much as pledge their Promise to appear at the next County Court, as the Condition of their Re- lease, as can be easily proved if required.
He then undertakes, on his old Principles, to tell a most lamentable Story of the next Day's Proceed- ings : " About Ten Q'Clock the next Day, (says he) there came to Town about 150 Men, armed with Clubs, and with an intent to compel the Magistrates 5
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to take the Prisoners out of Gaol, make them ride the Wooden Horse, and pull one of their Houses down." This is all an intolerable, manifest Misrep- resentation, since they all knew that the Prisoners were released before they entered the Town, and all the while they were there they behaved themselves very orderly, nor offered the least Violence to any one; and as to compelling the Magistrates to ride the Wooden Horse, or pulling one of their Houses down, were Things not then mentioned, designed, or perhaps thought of, and therefore not to be laid to their Charge, by any Person but this Son of Slander.
This Writer is false also in the Account he has given to the Public of the Transactions of the first Day of Court. The Men who appeared in Town that Day, were on a laudable Design, altogether consistent with the noble Principles of the Liberty Boys of New- York, and as a Token hereof, they car- ried with them Colours erected on a Pole, on which was wrote " Liberty and Property." Their Design was, in a peaceable Manner, to lay before the Court an Account of some Oppressions and Grievances which they had long laboured under, and for Redress of which, they embraced this Opportunity, and took this Method to Petition the Ministers of Justice : But that their Design was not riotous, I think is very evident to every considerate, impartial Mind, from this Consideration ; that had they entertained a De- sign to oppose the Authority, they would not have opened and given Way to the Under Sheriffs, when they advanced to take two of their Company ; nor would these Men, especially if they had been Chiefs
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in the Riot, as he represents them to be, retreated at their Approach. No, they would have doubtless stood their Ground against the approaching Officers, and called upon their Companions for their promised Assistance in this Emergency : But in this, the Men retreated back, and the rest of the Company gave Room to the approaching Officers ; nor was there a single Request for Assistance made by, or the least Relief offered to the Men thus attacked; but the High Sheriff precipitately advancing, armed with a Pistol in one Hand and a Club in the other, present- ed the former at one of the above Men's Breast, (swearing if he offered to resist, he would blast him thro') and with the latter gave him a very heavy Blow on his Head, which so stunned him, that it gave an Opportunity to the Sheriff to take him. This Occur- rence making a considerable Noise in the Street, nat- urally excited the Curiosity of the People to draw near to see the Fray, who, without discovering any Design to reprieve the Men, were treated in the most abusive Manner by the Sheriff and his Assist- ants ; which rough Treatment towards themselves, and barbarous Treatment towards the Person now a Prisoner, so exasperated many of the more resolute and spirited, that they too had Recourse to Clubs, in their Turn, which introduced the Battle he mentions, and which never would have happened, had not Mat- ters been conducted by the Sheriffs and their Assist- ants, in such an illegal, tyrannical Manner.
" The Grievance complained of was, (says he) a false and malicious Charge against the Lawyers both of New York and New-Jersey, which (he adds) was
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proved false, and the Person who offered it, was rep- rimanded by the Court. Here again he acts in Character. The Charge contained in the Complaint referred to, was not levelled " against the Lawyers of New-York," and only against two in New-Jersey, viz, the puissant and honourable David Ogden, Esq ; and the no less learned, popular and eloquent Elias Bou- dinot : And the Accusation then laid against them, in a few Words, was that they had both received Fees on the Part and Behalf of the Purchasers, and have since, without ever obtaining a Dismission from them, " deserted their Cause," and engaged in favour of the opposite Side. This Charge, however false it may be characterised by this dirty Scribbler, can, I trust, be supported by unexceptionable Evi- dence. Nor was the Person who exhibited this Charge " reprimanded by the Court," as he asserts, unless a single aberrations, prevaricating, magisterial Attorney, composes and makes a Court, as this was all the Court that reprimanded the patriotic Gentle- man who offered the above Complaint.
Thus I have, with much Brevity, given the Public a true and impartial Representation of the State and Conduct of Affairs, so very falsely represented by this Slanderer ; it only now remains for the respecta- ble Public to judge, what Principles or Motives actu- ated this Fellow, thus to endeavour to calumniate and vilify his Majesty's dutiful Subjects.
TOBIAS FREEMAN.
February 20, 1770.
-N. Y. Gazette or Weekly Post Boy, No. 1417- 18, February 26, and March 5, 1770.
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IN pursuance of an Order made by Peter Schenck, and Job Stockton, Esqrs. two of the Judges of the Court of Common Pleas for the County of Somerset, and Province of East New-Jersey, upon the Petition of Daniel Leonard, and John Totten, Insolvent Debt- ors, now confined in the said County: Notice is hereby given, by the said Petitioners, to all their Creditors, to shew Cause, if any they have, before any two Judges of the said County, at Somerset Court House, on the 27th Day of March next, at 10 of the Clock in the Morning of said Day, being the Place appointed by the said Judges, for that Purpose, why an Assignment of the said Petitioners Estates should not be made to Persons then and there to be nominated, for the Use of their Creditors, and the Petitioners be thereupon discharged, according to the Directions of an Act of the Governor, Council and General Assembly of the Province of New-Jer- sey, made and past the last Sessions, at Burlington, in the Tenth Year of his Majesty's Reign, entitled, " An Act for the Relief of Insolvent Debtors."
February 19, 1770.
-N. Y. Gazette or Weekly Post Boy, No. 1417, February 26, 1770.
I The subscriber having spent near sixty years of life, in the most unwearied industry, (the latter part of which has been singularly unfortunate) and being willing and desirous, so far as in my power to do jus- tice to all men, and to deliver up all my effects to the use and benefit of my creditors ; do give this pub- lic notice, to all whom it may concern, that I shall ap-
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ply to the governor, council, and general assembly, of the province of New-Jersey, at their ensuing meet- ing in general assembly, at Burlington, on the fif- teenth day of March next; for a law of said prov- ince to be passed, to save and prevent my person from imprisonment for any debts heretofore by me contracted ; any estate that I may hereafter acquire, to be nevertheless subject to be taken and seized, for the use of my creditors.
UZAL OGDEN.
Newark, Feb. 24th, 1770.
New-York, March [. We hear from Newark, that at a Court held there on Friday last for the Trial of sundry Persons concern'd in some late riotous Pro- ceedings, on Account of a dispute between the Pro- vincial Proprietors, and a Number of Inhabitants, claiming under the Purchase of Indian Titles; when one of the Rioters was fined One Hundred Pounds, and several others in lesser Sums .- N. Y. Journal or General Advertiser, No. 1417, March 1, 1770.
This is to give Notice, to those whom it may con- cern, That the Subscribers intend to petition the As- sembly of New-Jersey, at their next Sessions, to pass an Act, for making the Bridge over Crosswick's Creek, below Richard Brown's Mill, a County Charge.
SAMUEL ROGERS,
Allen Town, in New-Jersey, ISAAC ROGERS, RICHARD BROWN.
February 12, 1770.
To BE SOLD,
SUNDRY LOTS of BANKED MEADOW, from 5 to 10
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acres, lying contiguous to Mr. John Brown's ground on Great Mantua Creek, below the bridge, on the great Salem Road. A number of years, if required, will be allowed for the payment of part, or the whole of the purchase money. Any person inclining to purchase, may know further particulars, by applying
Tench Francis. to
Philad. Feb. 21, 1770.
To be SOLD,
A LOT OF LAND containing about 16 acres, situa ted in Houghton, Springfield township, and county o Burlington, on which is a neat dwelling-house, lately finished and painted, with a new paled garden, sta- bles and good orchard. Also on the same lot one other dwelling-house, lately fitted up for a store, with a good pork-house, smoak-house, and other out- houses, conveniently situated for trade, or would suit a gentleman, inclining to a retir'd life, its situation being pleasant, healthy, and in a good neighbour- hood. Also in view of, and nearly contiguous to the abovementioned lot, a plantation, containing about 75 acres of land, about 50 whereof are cleared, 12 of which are good meadow, the rest pasture and arable land, with a dwelling house, barn, and young orchard thereon. For terms enquire of WILLIAM DILLWYN, on the premises.
Burlington, February 23, 1770.
On Monday Last departed this Life, after a short, but severe illness, in the Fourteenth Year of her Age, Miss JANE CAMPBELL, Daughter of the late Rev- erend Mr. COLIN CAMPBELL.
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To be SOLD by the SUBSCRIBER,
A VALUABLE tract of 200 acres of land in Man- ington, in the county of Salem, West-Jersey, about 2 miles from the town of Salem, and half a mile from a good landing, situate on the great road leading to said town of Salem, and is convenient for either shopkeep- ing or tavern, about 70 acres of said land cleared, and in good fence, the remainder well timbered, a good dwelling-house, kitchen, and frame barn and stable, 30 acres of good dry meadow, made out of tide marsh.
Also, to be lett by the subscriber, in the county of Sussex, in the province aforesaid, his iron works, con- sisting of one small furnace, a new stone forge, with 2 fires and a hammer, a large coal-house, and buildings for workmen to live in. The tenant shall have it on such a lay, that he may build larger works, and make larger improvements, with about 1200 acres of land, about 60 acres of good timothy meadow, about the like quantity of cleared upland, together with sundry good dwelling-houses, stores, work-shops, stables, half of a good grist-mill, with sundry other buildings and con- veniences, and as there is discovered by a long trial, a proper fluxing for the oar, now think it will work to great profit in the furnace ; a great stock of wood, coal, teams, and stock of cattle ; smith's tools, and sun- dry other useful things, the tenant will have an oppor- tunity to purchase. For terms apply to said works or the owner, in the county and province aforesaid.
ISAAC SHARP.1
1 Isaac Sharp was a son of Isaac, son of Anthony Sharp, born about 1630, of a family holding a large estate in Tillbury, near Bristol, England. In the time of Cromwell he removed to Ireland, where he purchased a large country seat called Roundwood, in Queens county, and carried on an extensive mercantile business in
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Penn's Neck, Salem County, February 16, 1770.
NOTICE is hereby given to all persons whom it may concern, that we, the subscribers, intend to petition the Assembly, at their next sitting, for an act to be passed for draining the meadows on Salem creek, and the river Delaware ; the bank to begin at Eph- raim Lloyd's fast land, on Salem creek ; down the said creek to the river Delaware; then along said river to Fin's Point, to join the bank of Thomas New- ark. Michael Pedrick, Thomas Newark, Peter Bild- erback, Ephraim Lloyd, Isabel Redstreak, Mary Tufft, William Adams, Thomas Wright.
Messieurs. HALL and SELLERS,
The giving the following Piece a Place in one of your future Papers, will oblige many of your Customers.
Their pious Sires, a bitter Lesson taught, Chaste their Delights, and innocent in Thought.
To the FARMERS of NEW JERSEY.
GENTLEMEN,
It afforded me sensible Pleasure to find that my former Address, respecting Fox-Hunting, in No. 2144 of this Paper was so well received and approved of by you ; and this Pleasure was greatly increased, on reading one of the Acts of Assembly passed at the
Dublin. On the 22d of the 4th mo., 1681, he bought one-tenth of a one-hundredth share of West Jersey, and by several later purchases he acquired further inter- ests in West Jersey and East Jersey. Isaac Sharp, his grandson, came to Ameri- ca about 1730, and settled at Blessington, now Sharpstown, Salem county. He brought the frame of his house with him. He was appointed a Judge of Salem county in 1739 and again in 1741 and 1767. He was a member of the Society of Friends. He established the "Sharpsborough Iron Works" about a mile south of Hamburgh. perhaps about 1765, which proved a losing venture. He was elected to the Assembly in 1769, dying in office. He died about 1770 -Shourds's History and Genealogy of Fenwick's Colony, 244-6; N. J. Archives, XV .. 97; Ibid .. XVII., 455; First Sussex Centennary, 21; N. J. Hist. Soc. Proceedings, 1st Series, V., 32.
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late Sessions at Burlington, to discover that my Sen- timents were so similar with those of the Legislative Body, who, perceiving our old Hunting Law was too lax, to remedy those Grievances so loudly complained of by the Farmers in different Parts of the Province, took it into Consideration, and by a new Law have provided one so well adapted for the Purpose, that unless the Officers and Grand-Juries, are extremely defective in Duty, this jolly Fraternity must quickly give up the Ghost in the Jerseys. And as many of you may not have seen this Law, I presume the fol- lowing Extruct will be agreeable.
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