USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 15
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of any Debts, Dues, or Demands whatever; We are also of opinion, that it ought to be made a Condition of his Majestys consenting to this Emission, that the Interest arising from the Loan of the Bills shall, dur- ing their continuance, be appropriated to all the estab- lished and contingent Services of Government, and be issued by Warrants from the Governor and Council only: And that, in order to prevent any future doubts or objections, a Clause for that purpose be either pre- pared here to be inserted verbatim in the Act for the Emission, or that a Draught of the Bill with a Clause to that effect be transmitted hither before the Gover- nor be allowed to give his Assent to it.
By such a Provision as this, His Majesty's Service and the Government of that Province will be support- ed and carryed on with greater ease and Stability, and the Charges of it provided for in a better manner than by the present method of passing temporary or annual Acts, which sometimes take effect before His Majes- ty's Pleasure can be known upon them.
If your Lordships should be of this Opinion, We would propose that an Instruction should be given to the Governor of New Jersey conformable thereto, with Directions however not to take any one step towards the Execution of it, untill all the bills of the former Emissions in 1730 and 1733 now outstanding shall be finally sunk and destroyed.
We are, My Lords,
Your Lordships most obedient and most humble Servants,
DUNK HALIFAX. J. GRENVILLE FRAN: FANE J. PITT.
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Bond of Indemnification by Council of Proprietors of East Jersey to William Alexander and John Smyth.
[From Manuscripts in New Jersey Hist. Soc. Library, Bundle P., No. 21.]
Bond of Indemnification concerning Charge of Setling bonds between New York & New Jersey
Know all men by these Presents that We Andrew Johnston, James Alexander, Thomas Penn, Richard Penn-Robert Hunter Morris, Samuel Nevill, Samuel Leonard, John Burnet Lewis Johnston and James Parker-Proprietors of the Eastern Division of New Jersey are held and firmly Bound unto William Alex- ander and John Smyth In the sum of two thousand Pounds Proclamation money, and for Payment thereof we do Bind ourselves and Our heirs, Jointly and Sev- erally firmly by these Presents Sealed with Our Seals and Dated the twenty eighth day of March In the Twenty-seventh year of the reign of Our Sovereign Lord George the Second by the Grace of GOD of Great Britain France and Ireland King Defender of the faith &cª Annoque Domini 1754.
The Condition of the above Obligation is such that Whereas there are some hopes that the People of New York may at Last Consent to the obtaining his Maj- esty's Commission for Settling the Bounds Between the Province of New York and Province of New Jer- sey and to the giving Security to Pay half the Charge of Procuring and executing the said Commission, upon the Like Security Being given on the Part of New Jersey, to Pay the other half of the said Charge, And whereas there is Little Probability that Either the Leg- islature of New Jersey, or the Proprietors of West New Jersey Will Willingly Contribute any thing to the Charge thereof Whereon it will Lye upon the Proprie-
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tors of East New Jersey in the first Place to advance the Charge, Incumbent on New Jersey, to Pay,-And whereas it's uncertain when any Persons for New York will Enter into such Security as before, But whenever they shall Consent so To do, the Obligors are Willing to be ready to give such Security on the Part of New Jersey, and not wait for the next Sitting of the Council of New Jersey after Such Consent to give it, Wherefore it's agreed that whenever Security is given, on the Part of New York for the purpose before, that any or all of the Obligors or Obligees may and shall have full Power by themselves, or any other Persons they or any of them shall Prevail with to give Like Security at the same Time on the part of New Jersey and that the Councill of Proprietors of East New Jer- sey shall from time to Time raise, and Pay all such sum or sums of money as shall be thought Necessary to Be Expended for the Purpose aforesaid. And hold those who shall give such Security on the Part of New Jersey Harmless and absolutely Indemnified for Being so Bound. Now if the Obligors in the above Bond their Heirs Executors or administrators, or the Coun- cill of Proprietors of Eastern Jersey, for the time Being shall Well and truly perform the above agree- ment THEN the foregoing obligation to be void other- wise to Remain in Force
LEWIS JOHNSTON [L. S. ] ANDREW JOHNSTON [L. S.]
JOHN BURNET [L. S.] JA: ALEXANDER [L. S.]
JAMES PARKER [L. S.] MORRIS PENN & RICHARD PENN by RICHARD TITUS [L. S.]
ROBT. H MORRIS by JA: ALEX- ANDER & RICH' SALTAR his attorneys [L. s.]
SAMUEL NEVILL [L. s.]
SAM! LEONARD [L. S.]
Sealed & Delivered in the presence of
JOHN PENN
ANDY SMYTH
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Memorial of the Council of the Proprietors of the Eastern Division of New Jersey to Jonathan Belcher, Governor of that Province, and other documents received by the Lords of Trade from Robert Hunter Morris, with his letter dated the 31st of March, 1754.
[From P. R. O. B. T. New Jersey, Vol. 7, H. 33.]
To His Excellency Jonathan Belcher, Esq' Cap- tain General and Governor in Chief of the Province of New-Jersey, and Territories thereon depending in America, Chancellor and Vice Admiral in the same.
The Memorial of the Council of Proprietors of the Eastern Division of New Jersey.
May it please Your Excellency,
In Obedience to Your Excellency's Order in Council, of the 22d Day of August last, by which your Excel- lency ordered the Secretary, to serve upon your Me- morialists; a Copy of Governor Clinton's Letter of the first of July last, inclosing a Copy of a Minute of the Assembly of New-York, of the 28th Day of June last: and to acquaint your Memorialists, that your Excel- lency expected an Answer thereto, at the Meeting of the Council on the 21st Day of November then next: Your Memorialists now beg Leave, humbly to lay before your Excellency, their Answer thereto as follows:
I. King Charles the Second, by Letters Patent, bear- ing Date the 12th of March, 1663-4, granted to his Brother James Duke of York, in Fee, sundry Tracts of Land in America, whereof the now Province of New- York, and the now Province of New-Jersey, were Part.
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II. James Duke of York, by Deeds of Lease and Re- lease, dated the 23d and 24th of June, 1664, granted to John Lord Berkley, and Sir George Carteret, in Fee, the now Province of New-Jersey, described as follows, viz. "All that Tract of Land adjacent to New-Eng- "land, and lying and being to the Westward of Long- "Island and Manhattan's Island, and bounded on the "East Part by the main Sea, and Part by Hudson's "River, and hath upon the West Delaware Bay or "River, and extending Southward to the main Ocean "as far as Cape-May, at the Mouth of Delaware Bay, "and to the Northward as far as the northermost "Branch of the said Bay or River, which is in 41º 40' "of Latitude, and crosseth over thence in a streight " Line to Hudson's River, in 41º of Latitude."
III. Sir George Carteret, and the Assigns of Lord Berkley, by Deed quintipartite, dated the first Day of July 1676, divided New-Jersey between them, by a Line from Little Egg-Harbour, to the North Partition Point of New-Jersey on Delaware River; by which Deeds of Partition the Eastern Part was released to Sir George Carteret, and the Western to the Assigns of Lord Berkley; by which it appears, that West-New- Jersey had no Concern with the Line between New- Jersey and New-York, except only in the North Partition Point on the Northermost Branch of Dela- ware.
IV. East-New Jersey, by Sundry mean Conveyances under Sir George Carteret, became vested in twenty- four Persons, commonly called the twenty four Pro- prietors of East-Jersey; to whom the said James Duke of York, by Deed dated the 14th of March, 1681-2, [1682-3] after reciting the said Grant to Lord Berkley and Sir George Carteret, and the said quintipartite deed of Partition, released and confirmed East-New Jersey, according to the Bounds agreed on by the said Parti- tion Deed, with all Islands, Bays, Rivers, &c. and all
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Royalties and Powers of Government, in a more full and express Manner than they before had been granted.
V. In and before the Year 1671, the Latitude of 41° upon Hudson's River, was esteemed to extend beyond Haverstraw, which is about fourteen Miles Northward from the Mouth of Tapan Creek: For it appears that the Lands at Haverstraw, and all the Lands fronting on the West Side of Hudson's River, Southward from Haverstraw to the Mouth of Tapan Creek, were either purchased of the Indians as in New-Jersey, or granted by Patents under the Seal of New-Jersey; and those Lands were actually settled and Improved, and con- tinued under the Jurisdiction of New Jersey, 'till the year 1684.
VI. In the Year 1684, or 1685, Thomas Dougan, then Governor of New-York, and Gawen Lawrie, then Gov- ernor of East New-Jersey, with their respective Coun- cils, met together at or near Tapan; and after Sundry Observations for finding the Latitude of forty one Degrees on Hudson's River, agreed that the Station Point between New-York and New-Jersey, should be the Mouth of Tapan Creek, where it falls into Hud- son's River, and that a streight Line from the Latitude of forty one Degrees and forty Minutes, on the north- ermost Branch of Delaware, Should be run there for the Partition Line. This Agreement we have often heard was upon Record in New-Jersey, but after the utmost Search, your Memorialists cannot find it, but believe it must have been recorded in the Minutes of the Governor and Council of East-New-Jersey, during the Government of the twenty four Proprietors; which Minutes none of your Memorialists ever saw, nor are they to be found in any publick Office in New Jersey, nor any where else that your Memorialists know of: But tho' your Memorialists can find no Instrument on Record of every Part of the above Agreement, yet they can point to other Matters on Record preparatory to it,
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and reciting and referring to it, both in New-York and New-Jersey, within less than two Years of that Time; which your Memorialists think will leave no doubt but that such an Agreement was, notwithstand- ing the next following Article.
VII. Andrew Robinson, Surveyor General of West- New-Jersey, and Philip Wells, Surveyor General of New York, certify in these Words, "By two sundry " Observations of the Sun's meridional Altitude, made "the eighth and twenty ninth Days of September " 1686, it appeared and was manifest to Philip Wells, "George Keith, and my self, Observers, that the four- "tieth and one Degree of Northern Latitude upon "Hudson's River, is one Minute and twenty five Sec- "onds to the Northwards of Yonkers Mills, and so "falls upon the high Cliffs upon the Point of Tapan, "on the West Side of said River." As by the Record thereof in the Secretary's Office of New-York, in Book of General Entries 1686, Page 49, appears
Upon which your Memorialists beg Leave to observe,
1st, That no Authority appears to have been given for taking the two Observations certified.
2dly, It appears not by that Certificate, that it had any Relation to the Partition Line between New-York and New-Jersey.
3dly, It appears that the Certificate was made ex- parte; for Andrew Robinson, Surveyor General of West Jersey, had no Concern with the Partition Point upon Hudson's River, for Reasons under the third Article before.
4thly, By actual Surveys Since made, it appears, that the Place for the Latitude of 41º so certified, is four miles and forty five Chains South from the Mouth of Tapan Creek, then lately agreed on for the Station Point, as by the 6th Article.
5thly, Your Memorialists have Reason to believe, that the Observations so certified, were made with a
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wooden Quadrant; which is quite unfit for observing the Latitude of a Place to a nearer Exactness than five Minutes.
6thly, Two Observations were too few, even with a good Instrument, to draw any certain Conclusions from, in such a Point.
VIII. In the Year 1717, the Legislature of New-York pass'd an Act, wherein, amongst other Things, they appropriated 300 1. for the Charge of running the Line, with consent of New-Jersey; and other 300 1. for run- ning the Line of Connecticut; and enact, that the Lines so run shall be conclusive. This Act had the Royal Assent on the 19th of May 1720.
IX. In the Year 1718, the Legislature of New-Jersey, pass'd an Act for appointing Commissioners and Sur- veyors for running the Line with Consent of New York; and enact it to be conclusive. And another Act for running the Line between East and West- Jersey, and for raising the Charge of running both Lines upon the Estates of the general Proprietors.
X. In May 1719, Commissioners and Surveyors for New-York, for East-New-Jersey, and for West New- Jersey, were appointed by Commissions under the great Seals of the respective Provinces, for running the Line between New-York and New Jersey.
XI. On the 25th of July, 1719, after many Observa- tions of the Latitude, all the Commissioners and Sur- veyors so appointed, did, by Indenture tripartite, fix the North Partition-point on the Northermost Branch of Delaware; which they found to be that Branch called the Fishkill, and exactly describe the Place of the Point: Which being done the Commissioners for West-Jersey had no further Concern with the Line; as by the said Indentures executed by every one of the said Commissioners and Surveyors, and recorded in New-York, in East-Jersey, and in West-Jersey, appears.
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XII. The Commissioners for West-New-Jersey, hav- ing no further Concern with the Line, departed; and then the Commissioners and Surveyors of New- York and East Jersey, made an Estimate how the Line should run from the said North Partition-point so fixed, to the Partition-point on Hudson's River to be fixed; and esteemed that that Line would fall 120 Chains North-Easterly, on a Perpendicular to it, from Thomas Swaartwoots, at Mackhackamack, (where they then were, and from which they had already traversed to the said North Partition point,) and ap- pointed John Harrison and John Chapman, two Deputy Surveyors, to run and mark it to Hudson's River, from the End of the said 120 Chains; which they did accord- ingly, marking the Number of Miles at the End of each Mile from the said 120 Chains; and which Line so run and mark'd fell upon Hudson's River, about five Miles to the Northward of the Mouth of Tapan Creek, aforesaid.
XIII. In August, 1719, the Surveyors of New York and East Jersey, went to Corbet's old House on Hud- son's River, which is about One Mile South from the Mouth of Tapan Creek, and there made many Obser- vations for finding the Latitude of 41º But thro' Sickness, the Commissioners came not; so that no Agreement was concluded as to that Station-point, By the Mean of all those Observations, the Surveyor for East-Jersey, computed that the Place of Observation was 57 Seconds, and 51 Hun'ds Northward of the Lati- tude of 41°, and that to be 89 Chains and 60 Links.
XIV. The Surveyor for New-York, was prevailed on to decline proceeding in the said Work: And, for a Colour, sundry Objections were made by him and other Persons, to what had been done, and to further proceeding; Copies whereof are hereunto annexed; (No 1, 2, and 3.) and soon afterwards, the President and Council of New-York, ordered all the Remainder
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of the £300. appropriated for that Service, to be paid to the Commissioners and Surveyor of New-York, tho' little more than Half the Work was done by them; and they had undertaken to do the Whole for that Sum: which was fully sufficient for performing the whole Work.
XV. On the 12th of October, 1719, the Proprietors of East-New-Jersey, presented a Memorial to the Com- mander in Chief of New-Jersey, shewing the Weak- ness and Untruths of the said Objections; which Memorial was by him, laid before the Council of New- Jersey, and a Copy thereof ordered to the President of the Council of New-York; as by a Copy thereof here- unto annexed. (No. 4.)
XVI. Many Riots and Quarrels happening about that Time at Mackhackamack, which is Part of Mini- sinks, between the Swaartwoots, settled under New- York, and the Westfalls, settled under New-Jersey: The President of New-Jersey, in 1719, and 1720, wrote sundry Letters to the President of New-York, pressing the running the Line, to prevent the like Riots and Quarrels for the future; but they had no Effect.
XVII. In August, 1720, Governor Burnet arrived, with one Commission to be Governor of New-York, and another Commission to be Governor of New-Jer- sey; To whom Complaints were severally made, by the said Swaartwoots and Westfalls, of the Riots mutually committed on each other: And after several Letters from him, recommending to them, mutually to keep the Peace, to no Effect; he ordered a Hearing of all Parties before him, in October, 1721, when after a solemn Hearing of their Pretences, both Sides were ordered to be bound to their good behaviour; and it was recommended to both Parties to bring their Ac- tions at Law; which they accordingly immediately did, in the Supreme Court of New-York; and wherein James Alexander, was of Council for the Swaartwoots, on the Part of New-York.
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XVIII. In October, 1722, one of those Causes came to Trial, when, by Consent of the Court, and of the Parties, all the said Causes were referred, by Rule of Court, to the Determination of Lewis Morris, then Chief Justice, and to Robert Walter, then Second Judge of the Province of New-York, which Robert Walter, had been one of the Commissioners aforesaid, in Behalf of New-York.
XIX. The said Referees having found, upon the evi- dence of the said James Alexander, who had been Sur- veyor for East-New-Jersey, in the Proceedings concern- ing the Line in 1719, that notwithstanding the Commis- sioners and Surveyors had estimated the Line of Parti- tion would run 120 Chains North-Eastward of Swaart- woots, as in Article 12 before; that yet, by the Observations before, in Article 13, the true Line would, most probably, fall between Swaartwoot's and West- falls: And the said Arbitrators, finding that Westfalls had taken away the Grain of Swaartwoots, North- Eastwards of the true Line; and that Swaartwoots had taken away the Grain of Westfalls, to the South- Westwards of the true Line; they awarded for the Plaintiffs, in every of the Actions, as by the Award, filed in the Term of October, 1723 appears; which put an End to these Disturbances at Mackhackamack, and prevented the committing of any more there: Nor did any Contest afterwards arise concerning the Line, till the Year 1740, that your Memorialists ever heard of.
XX. The Owners of the Patent of Cheescocks, in New-York, which bounds for about Sixteen Miles along the Line between New-York and New-Jersey, intending a Partition of that Patent; They, in order to be as certain as possible of the Property of what they divided amongst them, employed Charles Clinton, their Surveyor, to discover where the Line would run abreast of their Patent by the said Observations of 1719; which he did in April 1738; and no Encroach-
15
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ments have ever since been made on either Side so far as that Patent bounds.
XXI. Your Memorialists, at their sole Expence, have since, run most of the Rest of that Line.
XXII. In the Year 1740, the Magistrates of Orange County, pretending to have received a Letter from the Honourable George Clark, Esq; then Lieutenant-Gov- ernor of New York, a Gentleman considerably inter- ested in the Minisink Patent; which they pretended, authorized them to exercise jurisdiction beyond the said Line, by the Observations of 1719: Under Colour thereof, they then began to exercise Jurisdiction be- yond that Line; obliging many People settled under New-Jersey, to train in the Militia of Orange County, and to pay Taxes, and do other Duties; and upon their Refusal so to do, fined and distrained them; which greatly oppressed the People of New-Jersey, within some Miles of that Line: A Copy of which pretended Letter is hereunto annexed. (No. 5.)
XXIII. In the Year 1741, so many Complaints of these Things were made by the Sufferers by the Dis- tresses aforesaid, to the Council of Proprietors, both of East-New-Jersey and of West-New-Jersey, that they thought it proper to appoint Committees of both the said Councils, to meet, in order to concert Means for the Relief of the Distressed, and to prevent the like for the future: And accordingly the said Committees met; and on the second Day of September, 1741, joined in an address to the Governor of New-Jersey, repre- senting the said Complaints, and entreating his Appli- cation to the Lieutenant Governor of New-York, to put a Stop to such Proceedings for the future, and to join in settling the Line, pursuant to the Acts of both Provinces.
XXIV. In the Spring of 1742, Eight of your Me- morialist's Tenants, at a Place called Romopock, Some Miles South-Westward of the Line, by the Observa-
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tions of 1719, were served with Declarations in Eject- ment, at the Suit of Bayard, on the Demise of Henry Wileman ; the Declarations were tested in October Term, 1741, to appear in Orange County Court, the last Tuesday of April following: And as your Me- morialists were bound to defend the Tenants so served; they, your Memorialists, had the said Causes removed from Orange County Court to the Supreme Court at New-York, where your Memorialists caused Pleas to the Jurisdiction, to be filed to the said Actions: and by Affidavit to the said Pleas annexed, set forth, that the Lands in Question by those suits, were upwards of Seven Miles Southwesterly from that Line, which was, in 1719, run and mark'd by Order of the Commission- ers and Surveyors; as set forth in No. 12, before: After which the said Actions were no farther proceeded in.
XXV. Your Memorialists having had many more Complaints from the People settled in New-Jersey, even from People settled many Miles Southwestward of the Line, by the Observations of 1719, by the People of New-York, obliging them to pay Taxes, and train as in New-York, and distraining for Non-Compliance, and their using great Cruelties and Threatenings to them; your Memorialists had an especial Meeting in June 1742, on those Complaints, and for defending the said eight Ejectments; when your Memorialists, on the 28th of June 1742, made another Address to the then Governor of New-Jersey, reminding him of the said joint Address of September 2, 1741; and acquaint- ing him with the Continuance and increase of the Complaints of the People, and those eight Actions in Ejectment, and intreating his Interposition, to put a Stop to those Proceedings of the New-York People, and to use his Endeavours for the running of the Line.
XXVI. In October 1743, the said Grievances contin- uing, the People in and about Minisink Island, settled under West New Jersey Titles, presented Petitions to
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the Governor, the Council, and Assembly of New Jer- sey then sitting, representing, they had been quietly settled there, some for twenty, and many for forty Years then last past; and there was so little Proba- bility of their falling into New York, by the Line, when settled, that a Line from the North Partition Point, would cut off Perth- Amboy, and above one half of East Jersey, before it could touch them; and that yet, notwithstanding of that Improbability of their falling into New-York, the Officers of Orange County in New-York, had levied Taxes on them, with such Circumstances of Cruelty and Injustice, as are hardly to be parrallel'd; That Solomon Davis, one of his Maj- esty's Justices of Peace there, had been indicted for act- ing as a Justice of the Peace there, pretending it to be in the County of Orange; was thereon apprehended, and fined Forty Pounds; and to keep himself out of Prison, was obliged to give Bond for it: That Abraham Vana- ken, another Justice of the Peace there, for executing his Office, was apprehended and committed to Orange Goal, where he was kept in Prison for Twenty four Days: That many others there had been arrested and prosecuted as in Orange County, for their executing the Warrants of the New-Jersey Justices: That Jo- hannes Hooghteline, a Constable there, was pursued by People of Orange County, and in that Pursuit they shot his Horse under him, took and committed him to Prison at Goshen, in Orange County; where, at pre- senting those Petitions, he had been four Weeks in Prison, and there still remained in close Confinement: Wherefore they prayed, that a Stop might be put to the like Grievances, 'till the Line was run; and that the Line might be speedily run. Upon which Petitions the Council and Assembly recommended it to the then Governor of New-Jersey, to use his Endeavours with the Governour of New York, to put a Stop to those Grievances, and to join in running the Line.
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