USA > New Jersey > Documents relating to the Colonial History of the state of New Jersey, Vol. XXVII > Part 7
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I attended accordingly, and it appeared that the Council there, had taken unusual Pains to digest this Bill and Answer, and to understand the Controversy well. It could not have been expected that Council would have done more, than to have given their
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Opinions under their Hands for or against their Clients ; but, this being an extraordinary Case, in which so many Families were eventually concerned, we agreed to depart from the usual Practice, and take every Measure in our Power to secure Success or retreat in Time. We were soon convinced of the Impossibility of supporting the Cause from a Discov- ery of several essential Facts directly against us, as well as almost a total Defect in Point of Proof. On this we agreed not to give our Opinions at once against our Clients, but by opening the Nature of the Dispute, and the Necessity of Proof to the Com- mittee, warn them of the Danger they were in, and convince their own Judgments. The eldest Gentle- men concerned, took the lead, and when we all met together, the whole Matter was so candidly and fair- ly opened to them, and the Point necessary to be proved so justly stated, that two of the Committee soon acknowledged their Conviction of the Want of almost every necessary Proof, and that they verily believed some of the Facts set forth in their Bill, were false. The Chief of them (a certain William Crane) still persisted in having the Matter brought to Issue at all Events, but after some Time being informed that it was inconsistent with our Character as Law- yers and honest Men, to lead them on, in so expen- sive a Suit, which we were well convinced could not but be determined against them, he also gave the Matter up, and they all unanimously agreed, that it was best to proceed no farther in the Law.
They then lamented their unhappy Situation, as they must not only loose their Lands, but be ruined
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by the accumulated Costs attending the Discontinu- ance of their Suits. In order to remedy this Evil, we proposed a Reference or Arbitration, as the most likely Method to get clear of the Charge, supposing that the Arbitrators in pity to their Circumstances, would at least make each Party pay their own Costs. To this they eagerly consented, and made it their particular Request, that we would all endeavor to bring about an Arbitration without Delay. To make short of this Matter, we proposed it to the Defend- ants, and they agreed to it. Before the Men were chosen, I had great Reason to suspect that the Com- mittee had not reported our Proceedings and Opin- ion truly to their Constituents, but that one of them had represented the Arbitration as a Matter that in- sured Success. The first Time I had an Opportu- nity, I recapitulated the whole to William Crane, be- fore four or five of his Constituents in my own Office ; at which they appeared greatly surprized, and Mr. Crane as much provoked: He immediately an- swered in an angry Tone, "That it was no wonder I had given that Opinion, as I had long been feed against them." I was much surprized at a Speech so diametrically opposite to the Truth, and their whole former Behaviour ; I demanded therefore a Repeti- tion of this Sentiment, he repeatedly avowed it, on which I immediately ordered him out of my Office, or that I would make my Clerk turn him out without Ceremony. He went off, and from that Time to this, I have never done any Business for these People. This is a plain and simple Narrative of the Facts
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thus far. And here I should have stopped, was it not for a Charge of a more serious Nature.
During the Course of these Proceedings, and after the Agreement about the Arbitration, one of the Defendants (who had purchased Rights to about I 200 Acres of Land under each Party, and wanted them located on one Spot, but was refused by the Complainants) applied to me, begging that I would recommend it to my Clients to settle with him, as he was a fair Purchaser and sick of a Controversy, that could be no Ways beneficial to him ; and in order to satisfy them fully, he would give them 40 {. towards bearing the Expences of their Suit. Soon after, on their complaining of the Difficulty they had in rais- ing Money to pay the Bills that were against them, I acquainted them of the above Offer, and advised them to accept of it, as they had no Expectation of a Recovery, especially against him who had both Rights. The only Objection that was made, was, that it would look too much like a Compromise with a Proprietor, and might create a Jealousy amongst their Constituents. To obviate this, I proposed that they should release the Lands to me, and I would convey it over. To this they assented, and I con- veyed it accordingly. In the Deed I received from the Committee this whole Transaction is expressly set forth, and for what Purpose it was made. I gave them a Receipt for the Consideration on Account and credited them with it. A few Weeks afterwards, Mr. Crane expressed great Uneasiness lest some of his Constituents should blame them for this Com- promise, and that he heartily repented his joining in
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the Deed. I then applied to the Gentleman, who on hearing the Matter, returned the Release to Mr. Crane (not thinking it worth contending about) and he returned my Receipt. This is the only Transac- tion relating to any Deed that ever passed between us.
At the Meeting in New-York, my Bill for Services done, was settled with the Committee, and about one Year after I had declined their Business, Mr. Crane desired that the Bill might be subject to the Taxa- tion of two indifferent Gentlemen who were chosen by himself: I assented to it, promising to repay with Interest, all that should be deducted from my Bill. On this Occasion those Gentlemen can bear Testi- mony to his extraordinary Conduct. At last a Meet- ing was had, and the Gentlemen declared that the Bill was far less than the Ordinance allowed, and that Mr. Crane ought to pay it with Thanks, as they themselves had often been Witness of my faithful Services. I was Solicitor in the above three Causes near four Years. I drew the last Bill containing about 200 Sheets. Attended three or four formal Agreements in Chancery. Three Times with Coun- cil at New-York, four and five Days at a Time. Argued two or three Causes on Appeals. And my Bill I think, including Chancellors, Registers and Clerks Fees, amounted to £.100.4, or thereabouts. As to the other Facts relating to me in this extraor- dinary Publication, there is not the least Shadow of Truth in them.
I have only to add, that the Event proved to the Complainants (a set of poor deluded People who are
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to be Sufferers in the End) how grosly they have been imposed upon by him, on whom they chiefly de- pended : For after the Award given against them by the Arbitrators, he again applied to Council in Penn- sylvania, and having renewed the Dispute in Chan- cery, it was brought to a hearing, and a Decree for the Dismission of their Bill passed. Judgments are had on the Arbitration Bonds as well as on the Eject- ments brought against them, so that they will not only be turned off the Lands, but exposed to very heavy Costs, which had they been properly informed, they might have avoided. How far these poor inno- cent People, will be liable to reimburse these Costs, is not now my Province to determine.
On the whole, if ever I have valued one Action of my Life above another, I always considered my great Attention to the real Interests of their Clients, par- ticularly in advising an amicable Settlement of this Suit, at a Time when it was in its most lucrative State for the Sollicitor, as somewhat meritorious, lit- tle suspecting that my Reward, from the very Per- sons, who ought ever to have acknowledged it with Gratitude, would have been Abuse, aggravated by Scandal and Falsehood. And if I am so happy, as finally to be able, equally to " to reconcile every other act of my Life, to my Character as a Lawyer, and my Profession as a Christian," (both of which I hope ever to entertain the highest Respect and Venera- tion for) this inconsiderate Writer need not to be dis- tressed about the " Manner in which I shall answer at that august Tribunal" (where perhaps to his Sor- row) Falsehood and Hypocrisy, however artifully
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veiled, will be altogether stripped of its Disguise.
ELIAS BOUDINOT.
March 3d, 1770.
WE think ourselves bound in Justice to declare that Mr. Bondinot's Conduct in the Suits mentioned in the above Narrative, appeared to us not only to be fair and candid, but very friendly to his and our Clients. The Conference at New-York, at which we gave our Opinion on the Merits of the Controversy, is, to the best of our Recollection, truly stated. We well remember, that after deliberately examining the Merits, and the Proof which could be offered, we were clearly of Opinion, that our Bills must be dis- missed, and that a Reference was the best Expedi- ent for the Complainants, as Compassion to their Circumstances might excite a more favourable De- termination, than could be expected in a Court of Justice. This they not only consented to and ap- proved, but requested our good Offices to affect. JAMES DUANE and BENJAMIN KISSAM.
To BE SOLD.
A Valuable Tract of Land, on the West Side of Matchaponix River, in the South Ward of the City of Perth-Amboy, containing Six Hundred and Sixty- six Acres, about Two Hundred and Fifty Acres of rich arable Land, and Thirty Acres of Meadow cleared, and in good Fence, and rich Swamp to af- ford as much more. On it there is a convenient House, Barn and a young bearing Orchard fronting the River, about two Miles on the East, with a con-
-
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siderable Quantity of fine Interval, and bounded on the West, by Barrens; with it may be purchased about Thirty five Acres of boggy Meadow, very con- veniently situated for the Tract, which affords early Feed for Cattle. For further Particulars apply to Doctor Johnston at Amboy, or to John Johnston ad- joining the Premises.
ALSO TO BE LET,
A very convenient House in Amboy, near Rariton River, opposite to Mr. Steven's Ferry, with a large Garden, well stored with useful Vegitables, and many Kinds of choice Fruit, a Barn, Stable and Orchard ; as much arable Land and Meadow, (not exceeding one Hundred Acres) may be hired with the House, as shall be thought necessary. The Shore before the House abounds in Shell Fish : There are several Places very convenient for fishing and bathing near the House. For the Particulars apply to Doctor Johnston.
New-Jersey By Order of Stephen Skinner, Middlesex County ( and Jonathan Frazee, Esqrs, two of the Judges of the Inferior Court of Common Pleas for said County : Notice is hereby given to all the Creditors of William Carlisle, and Thomas Davis, Insolvent Debtors, in the County of Middlesex, that they shew Cause, if any they have, before the said Judges, at the House of Elijah Dunham, Innholder, in the City of Perth Amboy, in the County of Mid- dlesex aforesaid, on Tuesday the 3d Day of April, at 9 o'Clock, why an Assignment of the said Debtors Estate should not be made, pursuant to a late Act of 7
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Assembly, entitled, "An Act for the. Relief of In- solvent Debtors, passed this present Tenth Year of his Majesty's Reign, and their Bodies be dis- charged from Gaol, pursuant to said Act.
Dated March 10, 1770.
To be let and entered upon the first Day of May next, the Ferry over Rariton River, with the Dwell- ing House, Stable, Garden, &c. now in the Posses- sion of Thomas Rattoon, in Perth-Amboy. For Par- ticulars apply to Stephen Skinner and John Smith in Amboy, who will agree for the same .- N. Y. Gazette or Weekly Post Boy, No 1419, March 12, 1770.
March 5, 1770.
New-Jersey, Feb. 27, 1770.
NOTICE is hereby given, to all whom it may con- cern, that Joseph Sacket, jun.1 late of the City of New-York, Surgeon, intends to make Application to the General Assembly of the Province of New-Jer- sey, at their next Session, to be discharged from his Creditors, in Consequence of an Assignment made in New-York, of his Estate in October 1769.
To BE SOLD,
Two Hundred Acres of choice Land, at the Creek that leads up to Middletown Point.
ALSO,
Another Plantation, with a House, Barn, and Kitchen, (formerly occupied by Abraham Hendricks) and a Quantity of Mowing Ground, within five Miles of Middletown Point. Inquire of Abraham Hen-
1 For a sketch of Dr. Joseph Sacket, see N. J. Archives, XX., 578.
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dricks, at Middletown Point, East New-Jersey .- N. Y. Journal or General Advertiser, No. 1419, March 15, 1770.
All Persons indebted to the Estate of Jacob Spicer late of the County of Gloucester, in the Western Divis- ion of the Province of New-Jersey, deceased, are re- quired to make immediate Payment of such of their respective Debts, or they will be proceeded against ac- cording to Law ; And those who have any Demands against the said Estate, are desired to bring in their Accompts to
SAMUEL SPICER, Administrator.
The GENERAL ASSEMBLY of the Province of New- Jersey is now sitting at Burlington.
NOTICE is hereby given to the Gentlemen and Ladies, that the Subscribers intend to kill a STEER, which was raised in Springfield, New-Jersey, the like never before killed in America ; it may be seen, gratis, at George Wolpper's in Race-street, a few Doors above Fourth street, on the 20th Instant ; and notwithstanding there have been several fine Cattle killed heretofore, yet none of them were like this, either for Largeness or Fatness.
Notice will be given when he will be killed and weighed ; those who are pleased to favour us with their Custom, it shall be gratefully acknowledged, by their humble Servants, GEORGE AND BENJAMIN WOLP- PER, standing at No. 45.
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New-Jersey, March 12, 1770. Messieurs HALL and SELLERS
Be pleased to insert the following in your next Gazette,
and oblige your constant Reader, &c. &c.
The celebrated Jersey Farmer expresses himself highly delighted with the imaginary Notion of having given general Satisfaction by his Piece in your Paper, No. 2144, against the Diversion of Fox-hunting ; I am very sorry public Applause should be so wanting of Facts, as to omit seconding this Self-opinion, in- tirely risen from patriotic Motives.
It is not without inexpressible Concern that I am obliged, in Vindication of my Brethren, to attack (a second Time) so innocent a Being as my Antagon- ist, who, when but a Boy, would step his Foot out of the Way, to avoid hurting the laborious Ant, and care- fully Brush the useful Bee off the Rose in his Hand ; but the Noxious Hornets, being a Nuisance in the Creation, and withal very saucy and quarrelsome were sure to receive a Stone, whenever they fell in his Way. . . What a Consistency is here ! 'Tis almost incredible, that a Man of such great Piety, and boundless Vir- tue, should exist in the present Age, when such trifling Accomplishments are so little esteemed. But with what Composure does this good Man vio- late that excellent Precept, Do as you would be done unto ; how can he answer to his Conscience, for dis- turbing even a Kennel of Hornets, to behold the Rage and Uproar of those puny Creatures ? One would imagine, by some of his Expression's, that he has formerly been a Sportsman, and devoted Part of his Time to the Chace; if so, he was an unworthy
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Member, because our Spirits are more exalted, than to be delighted at the Rage of Hornets. In my last, I took Occasion to mention the Folly of a single Farmer's appearing in the Public Papers, against so innocent a Diversion as Fox-hunting, unless he was seconded, and could convince our Fraternity, that there is one besides himself, in the whole Province, displeased with such harmless Amusements. I say harmless ; because such Sport can, in itself, have no bad Tendency. At same time I confess, that we . should be under some Regulations, particularly, to abolish the foolish Custom of excessive Drinking, thereby destroying, instead of preserving, the health of each Individual.
A Fox HUNTER.
-Pennsylvania Gazette, No. 2151, March 15, I770.
To be sold by the Subscriber, living in the town- ship of Pilesgrove, in the county of Salem, in the province of West-New-Jersey, the one half of a forge, with 4 fires, and a hammer, with coal houses, and a convenient dwelling-house, the whole built with stone, and in good repair, not more than 3 years old, with a smith's shop, and a number of workmens houses, sufficient to accommodate the workmen ; to- gether with the half part of a stone grist-mill, two years old, and in good repair, on a never failing stream of water, constantly supplied with springs, the mill overshot, with one pair of stones, boulting tackling, all go by water, within half a mile of the abovesaid forge. Also the half part of the mine,
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within a quarter of a mile of said forge, containing a sufficient quantity of good iron ore to supply any number of works, which has been proved both in blooming and refining, and is of a superior quality to any made in the province. Also one other forge, with three fires, and one hammer, with sufficient room to erect another hammer and fire in the same house, a good saw mill on the same dam, the whole in good repair, and new, with a furnace, casting and bridge houses, and other conveniences, suitable for the same on the aforesaid dam, with a good new coal house, sufficient to contain 1500 loads of coal, with a smith's shop, tanyard, curry-shop and shoemaker's shop and bark mill, also a good dwelling house and kitchen, with a good spring of water near the door, stone-houses, stables and workmens-houses, the whole within a mile of the grist-mill, and within a mile and a half of the first mentioned forge, and a mile from the mine-hole, with about 30 acres of good improved meadow, within a mile of the furnace, and about 400 acres of rich swamp adjoining, within the same distance, with two good farms within a mile, sufficient to put in 100 acres per year of grain, with a sufficient quantity of timber land to accommodate the work for any time; the greatest distance to cart coal will not exceed 3 miles in 20 years. The pur- chaser may have with the works 600 loads of coal, and 2000 cords of wood, within a mile of the fur- nace, the greatest part set in pitts ; the whole is sit- uated in a fine country for trade, where there is plenty of all sorts of country produce to be sold rea- sonable, and on a good stream of water, called the
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Wallkill River, in the county of Sussex, in the prov- ince of East New Jersey, 40 miles from New Wind- sor, where is good navigation to New-York, and 30 miles from a landing on Delaware River, from which place iron may be transported to Philadelphia rea- sonable. Any person inclining to purchase all or part, may apply to the subscriber at his house, or to Alva Brown, living at said works.
An indisputable title will be given.
JOSEPH SHARP.
N. B. The said iron has been tried in a steel fur- nace in Philadelphia, by Whitehead Humphreys, who says it is the best he has tried in this country for that use .- Pennsylvania Gazette, No. 2151, March 15, I770.
Saturday Afternoon one of the Ferry-Boats over- set in the Delaware, as she was crossing from the New Ferry Wharf to the Jersey Side, whereby two Negro Ferrymen were drowned. Two Passengers, a white Man and a Negro, were taken up by a Boat from the Shore.
To be sold by the subscribers, by Public Vendue, on the 12th day of April next, on the premises,
A LOT of land, lying in Chesterfield, in the County of Burlington, West New-Jersey, within half a mile of Bordentown; containing 45 acres, whereon is erected a good sawmill, 2 dwelling houses, an excel- lent situation for a grist mill, being a constant stream of water, with eight feet ahead, and all flour may be transported from the mill tail to Philadelphia, situate
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in a good part of the country for buying wheat, for merchant work. A good title will be given by the subscribers. The vendue to begin at 7 o'clock, where the terms of sale will be made known, and due attendance given.
Likewise will be exposed to sale at the same time, one pair of wooden forge bellows and a large scale- beam, and weights, suitable for weighing iron.
MARMADUKE WATSON, ANNE CURTIS, AARON WATSON.
March 20, 1770.
-Pennsylvania Chronicle, No. 167, March 19- 26, 1770.
From Northampton, in Burlington County, we learn, that on the 5th Instant, Jane the Wife of John Mullen, of that Place, was delivered of three Female Children, at one Birth, and all likely to do well .- Pennsylvania Gazette, No. 2152, March 22, 1770.
Extract of a Letter from New-York, February 24, I770.
You have at least some Colour for supposing that the Violence against Capt. M'Dougall,1 is the Effect of conscious Guilt
He is now about 38 Years of Age, has three Chil- dren, two of whom are Sons. The eldest of them
1 Alexander McDougall. born in Scotland in 1731, came to New York in 1755 with his father, and was one of the foremost members of the "Sons of Liberty." organized in New York to resist the enforcement of the Stamp Act, in 1765. In the early part of 1770 he was imprisoned, having refused to give bail, for twenty- three weeks, on a charge of criminal libel, for publishing a placard attacking the Royalist government. In 1756-7 he was captain of privateers preying on the French commerce. He died in New York in 1786.
1
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has lately finished his Education at the Jersey Col- lege, and is now engaged in the Study of the Law.1
It is a pitty, for the Singularity of the Instance, that the Lad is not yet so forward in his Profession, as to begin his public Labours in the Quality of Ad- vocate for his Father.
This State Prisoner, the first Son of Liberty in Bonds for that glorious Cause in America, possesses great Presence of Mind, is methodical and connected in the Arrangement of his Ideas, writes well, speaks (though with some Impediment) yet with tolerable Ease.
-P. S. Extraordinary to Pennsylvania Gazette, No. 2152, March 22, 1770.
THE MEMBERS of the New-Jersey Medical Society are desired to take notice, that the next General Meeting is appointed to be held at the house of Mr. Michael Duff, in New-Brunswick, on Tuesday the first day of May next. The several Members are particularly requested not to fail attending, as there will be business of singular importance to be trans- acted at that time. The Society will be opened pre- cisely at 10 o'clock, A. M. if a sufficient number of Members arrive before. All other Gentlemen of the Faculty in the Province, are cordially invited to join the Society as soon as may be convenient.
NATHANIEL SCUDDER, Secr'y.
March 29, 1770.
March 28, 1770.
PURSUANT to an Act of General Assembly of the
1 John Alexander McDougall, of the Class of 1769.
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province of New-Jersey, lately passed intituled, " An Act for the relief of insolvent debtors," I the sub- scriber being now confined in the gaol of the county of Hunterdon, have petitioned to the Judges of the Court aforesaid, for the benefit of said act, and filed a schedule of my effects, do give notice to all my creditors to appear and shew cause, if any they have, on Wednesday the 18th of April next, at ten o'clock in the forenoon of the same day, before the Judges of said Court, at the dwelling-house of Samuel Hunt, in Trenton, why I should not be discharged agree- able to the directions of said act.
JAMES WILSON. -Pennsylvania Chronicle, No. 168, March 26- April 2, 1770.
[For Speech of Gov. Franklin and Address of Rep- resentatives, see N. J. Archives, Vol. X, pp. 172, 180.]
To his Excellency WILLIAM FRANKLIN, Esq ; Cap- tain General, Governor and Commander in Chief in and over his Majesty's Provinces of New - Jersey, and Territories thereon depending in America, Chancellor and Vice-Admiral in the same, &c.
The Humble Address of his Majesty's Council for the said Province.
May it please your Excellency,
To receive our hearty Thanks for calling this Meeting of the Legislature, which appears at this Time, to be highly necessary, to concert proper Measures for the due Support of the Dignity of Gov-
.
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ernment, and the Maintenance of the Laws and Con- · stitution of this Colony. The spirited and prudent Steps taken by your Excellency, to suppress the tu- multuous and dangerous Attempts of a Number of infatuated People, in Obstruction of the due Admin- istration of Justice, must afford a sensible Pleasure to every Well-wisher of the Peace of the Province.
It will be admitted that some Individual of the Community, had been oppressed by the unnecessary and excessive Costs, charged by some of the Pro- fessors of the Law; yet surely that cannot be deemed a sufficient Justification for raising a Clam- our against the whole of that Profession ; much less can it possibly excuse such riotous Proceedings, as have been lately manifested, to the endangering of the public Peace, Credit and Happiness of the Col- ony. Yet such have been frequently the Effects of a foolish Credulity, raised and promoted by artful and mischievous Men, who, under specious Pretences of the best Designs, and of promoting the most amia- ble and glorious Cause, have deceived the Thought- less into those very Follies and Crimes, which at first, they might have intended to oppose and defeat. History abundantly confirms the Truth of this Ob- servation, and the present Subject of our Delibera- tions, affords a very striking additional Proof. A Number of Men (some of whom perhaps meant well at first) with their Passions raised by a popular cry of Grievances, instead of taking the legal and con- stitutional Measures enumerated by your Excellency, have entered into Combinations, (under Pretence of redressing those Grievances) which, from their very
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