USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 20
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us, appears: We are well assured, that the Place where Wesbrook attempted to distrain for New-York Taxes, was far within New-Jersey; and if so, then Westbrook was justly indicted, and Vanaken and Wife are abso- lutely justifiable iu opposing that Distress; and West- brook ought to remember how he got quit of the Jersey Indictment against him, and out of Goal there, viz. by an Agreement between the Attorney General here, and Col. Matthews, on Terms of Keeping the Peace in those Parts, until the Line could be settled; but no sooner was Westbrook delivered, but the Persecution was re- newed, the Agreement laughed at, and Westbrook brought the Action against Vanaken first before men- tioned, and now is about to bring a Second for the same Thing.
We beg also, that they would dissuade Col. Dekey from putting his Threatenings in Execution, mentioned in the Memorandum; especially as the Plantation he lives on, extends, we are well assured, above six Miles into New-Jersey; and that such a Line as would leave his Plantation in New-York Province, must hit pretty low down upon New-York Island, to which we never, as yet, heard of one to pretend that the Line would come.
We beg also, that they would persuade Jacobus Swaartwoot, to be more moderate, and to avoid renew- ing Provocations and Abuses on the People living in New-Jersey.
We are in great Hopes, that if the New-York Gentle- men will accept of your Mediation in this Affair, that that which has been for many Years a Bone of Con- tention between the two Provinces may be removed, and that the Line may be amicably settled.
We are, Sir, Your humble Servants,
JAMES ALEXANDER, ROBERT H. MORRIS, SAMUEL NEVILL.
To Joseph Murray, Esq;
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Whereas on the 25th Day of March last, Mr. Chief Justice Morris reported to the Council of Proprietors of East-New-Jersey, from the Committee to whom it was referred to confer with Mr. Murray, concerning the Causes relating to the Line between New-York and New-Jersey, That they had conferred with him long on that Subject; and laid before the said Council, a Memorandum of the Points insisted on with Mr. Mur: ray, containing, particularly, an Offer in Behalf of the said Council, to lay before him their Reasons for sup- porting the Line, as its esteemed, to the North Par- tition Point settled in 1719, if the Gentlemen of New- York would lay before him their Pretensions against that, and to any other Line.
Whereupon it was ordered by the said Council, That Mr. Chief Justice Morris, Mr. Alexander, and Mr. Nevill, or any Two of them, be a Committee, with Power to transmit a Copy of the said Memorandum to Mr. Murray, in order that he may give a Copy of it to the York Gentlemen, for whom he apprehends he was first retained; and if they will, according to the Propo- sition in the said Memorandum, lay their Pretensions in Writing before Mr. Murray, then, with Power to answer, reply, rejoin, &c. as they shall think reasona- ble, to what shall be offered on the Part of New-York.
In Pursuance of which Reference, the said Commit- tee hereby transmit a Copy of the said Memorandum to Mr. Murray, for the Purpose aforesaid.
Memorandum of the Points conferred on with Mr. Murray, by a Committee of the Council of Proprietors of East-Jersey, on Saturday the 22d of March, 1745-6.
As the said Proprietors have brought an Ejectment on the Demise of Nevill against Thomas Dekey, for Lands far in Jersey, by any Line that ever they heard, with any Colour of Truth and Reason, was pretended to; and have requested Mr. Murray's Assistance as Council therein (upon a general Retainer for them
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upwards of twenty Years) by Letter of June 7, 1745, inclosing a Bill of £3, Proclamation; and Mr. Murray delays assisting them in that suit, lest it interferes with another Retainer concerning the Line of York and Jersey, by some gentlemen, which he suspects may be prior to the Proprietors Retainer.
Mr. Murray is now entreated, as often before, to search for that Retainer, to know its Date, to see whether it be prior, and its Purport, to see how far he is thereby retained, for surely, if prior, it ought to have some Limitation. For Example: Suppose they should claim the Lands of Courtlandt's Heirs, four or five Miles within New-Jersey, lately tried, would he think himself bound, by that Retainer, to Support that Pretence of those York gentlemen? If not, then whether that Retainer can extend to support their Claim of Lands as far within New-Jersey ?
Again, if these Gentlemen's Retainer was prior, and they take Steps concerning that Line, not advised by him, but cruel, barbarous and unlawful in themselves; does he conceive himself bound by that Retainer, to support, defend and justify them in those cruel, bar- barous and unlawful Steps?
Example: Mr. Wileman some Years ago, having served eight Declarations, in Ejectment, on his De- mise, in the Name of Bayard, upon People living at Romopock, within New-Jersey, to appear at Orange County Court; in those Cases the Proprietors thought Mr. Wileman had done nothing amiss, but taken a legal Course; and it is believed, that with Mr. Mur- ray's Advice in Behalf of the Proprietors, those Causes were removed to the Supreme Court of New- York, by Habeas Corpus, and Pleas of the Jurisdic- tion of Jersey, in those Causes pleaded; and tho' Mr. Murray staid some Time before he assisted, yet it seems he did not think that Retainer for the York Gentleman, extended to those Causes.
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Now, that Ejectment against Dekey, is for Lands as far in Jersey as some of those of Wileman's were, and it was as lawful, at least for them to bring that one Ejectment without Offence to anyone, as it was for Mr. Wileman to bring the said eight Ejectments: But yet the Person whom the Proprietors employed to do that lawful Act of serving that Declaration, was most barbarously used, was struck, threatned, bound and pinioned, and carried to goal as a Crim- inal, by Mr. Dekey himself, and his Sons and others, and committed, "without any Warrant, to Goshen Goal; and after he had been many Hours in Goal, no Cause of Commitment appeared; but a Writ of Trespass upon the Case, Damage £1000, at Suit of Dekey, procured many Hours after the Commitment, in Hopes, as is supposed, by holding him to Bail in that excessive Sum, that he must have long lain there; and in which goal the Man did lye, while an Express was sent to Mr. Ogden, the Attorney on Record with an Account of his Usage, and until Bail was procured in Orange County for the Messenger, in that large Sum.
Mr. Murray is begged to consider, whether the Re- tainer of the York Gentlemen extended to justify them in such Actions; and if not, that he would give his Assistance, in defending the messenger of the Pro- prietors, against that Sham-Action on the Case, and in procuring Satisfaction for the said barbarous and un- lawful Usage.
The said Thomas Dekey, being Colonel of the Militia of Orange County, has of late summoned several Peo- ple, settled in New Jersey, at least fifteen miles within the Line, to come and train under him; and threatens, if they do not, that he will distrain them for their Fines, by the Laws of New-York, tho' those People have been listed several Years in the Militia of Jersey, as by a Certificate of the Captain with whom they were listed, may appear.
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: Mr. Murray is begged to consider, whether he con- ceives his Retainer will extend to oblige him to justify Mr. Dekey, should he actually distrain those People; and whether that Retainer would oblige him to justify them, if they came to distrain at Bergen, which will sooner fall into New-York, than the place where these People live.
Mr. Dekey also threatens, that if any Jersey Sur- veyor, comes to the Place where those people live, to survey the Lands, that he will commit him to Orange Goal.
Does Mr. Murray think his Retainer extends to jus- tify Mr. Dekey in that?
A Justice of the Peace, living many Miles within Jersey, was apprehended, brought to Orange Goal, committed and indicted, and lay there long confined, to his great Damage; and all this for no other Cause, than that he exercised the Jurisdiction of a Justice of the Peace, in New Jersey; but they say, the Place is in New-York; but it's supposed, that Newark will fall sooner into New-York, by the Line, than the place where that Justice exercised his Authority.
Does Mr. Murray think his retainer, if prior, ex- tends to justify them in those doings ? or does he con- ceive himself, bound by the Retainer of the Proprietors of East-Jersey, to assist them in procuring Redress for that injured Man ?
A Jersey Constable, executing a lawful Warrant within Jersey, was pursued, fired at, his Horse shot under him, apprehended, and carried to Orange Goal, for no other Cause, and lay long there.
Does Mr. Murray think his Retainer, if prior, extends to justify also that ?
The Rioters of Newark, give out, that Col. Dekey, is in strict League with them, and has engaged to bring his Regiment to Newark, or any where else in Jersey, to their Assistance, when required. Mr. Murray knows,
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that those Riots have been committed in Opposition to the Title of the Proprietors of East-Jersey.
Whether in Case of Proof of such League with, and Promise of Col. Dekey, Mr. Murray will think him- self bound, by his prior Retainer, (if such be) not to as- sist in bringing Col. Dekey to Justice, for such League ?
There are Multitudes of other Instances of Cruelty and Oppression committed within these four Years, by the Instigation of Thomas Dekey and Jacobus Swaart- woot, within New-Jersey, and so far within it, as that Bergen will sooner fall into New-York, by the Line.
Does Mr. Murray think his Retainer, if prior, obliges him to justify all those Cruelties ? and if not, will he assist the Proprietors, in obtaining Redress for those injured People, and all who shall so be injured for the future ?
The Proprietors have brought another Ejectment on Demise of Nevill, for Lands, as far in New-Jersey, as the Lands of the Heirs of Courtland; but pretended to be within Honan and Hauden's Patent, and in which, they requested Mr. Murray's Assistance, as Council, by the said Letter of June 7, 1745.
Does he conceive his Retainer, from the York Gentle- men, if prior, obliges him to defend that Action for them ?
As the Proprietors of East-Jersey, have, ever since their said general Retainer, upwards of twenty years ago, chiefly relied on Mr. Murray, in all their Causes; they hope, that by any prior Retainer, concerning the Line of New-York and Jersey, if any such should be, that it will not be extended further, than what appears plain by it, to be the Intent of the Persons retaining, dis- covered to him, who was thereby retained at the Time; which the Proprietors are sure, Mr. Murray would never have accepted to justify them in any Ways of Oppres- sion and Cruelty; and, therefore, can never be bound,
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by such Retainer, for them, in the said cruel and barbar- ous Causes.
Nor would Mr. Murray ever accept of a general Fee, to defend them in whatever Line they should be pleased to pretend was the Line of York and Jersey, but in such Line only as they should, with Reason and Justice, claim to be the Line; and in all rational Steps for hav- ing that Line established; and in that, the Proprietors of East-New-Jersey, will most heartily join.
Wherefore it's submitted, in order to determine the Extent of their prior Retainer, if any such be, whether they should not deliver to Mr. Murray, in Writing, their Claim, where they would have the Line, with their Reasons for the Support of that Claim ? That Mr. Murray, should communicate that Claim and Reasons to the Proprietors of East-Jersey, for their Answer, and that Answer to the York Gentlemen for their Reply; and so to Rejoinder, Surrejoinder, &c. till Mr. Murray is satisfied, what Line is just for the New-York Gentle- men to insist on, and so far (if their Retainer be prior) to assist them in all lawful and reasonable Means, to have that established; and beyond that, to assist the East-Jersey Proprietors against their Encroachments: This Method the Proprietors will most readily join in, for Mr. Murray's Satisfaction; and, it's humbly con- ceived, the York Gentlemen ought, in like Manner, to comply with it.
By Order of the said Committee,
LAUR. SMYTH, Clk.
NUMB. 7. NEW-YORK, November 13, 1753.
Gentlemen,
Finding by an Advertisement in the News-Papers, that the Owners of the Minisinks Patent, and Waway- anda Patent, are desired to meet here at this Time: I,
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as an Owner of 3-46 of the Minisinks Patent, formerly Fauconier's; and an Owner of a small Share in Waway- anda Patent, formerly Augustus Oldfield's; thought it my Duty to attend, to give the best Assistance in my Power, for the mutual Benefit of the Owners of those Patents.
I do not know, that I shall differ in Opinion from the rest of the Partners, in any one Point, but concern- ing the Line of East-New-Jersey, on which those two Patents bound; and on that Point, I believe, we shall differ so much in Opinion, that you won't incline that I should be present at your Deliberations on that Head: Wherefore, as soon as you think of entering on that Point, I shall withdraw, and leave you some of my Sentiments in Writing, on that Matter, which, I believe, will be no Prejudice to the Partners of those Patents, seriously to consider.
Gentlemen,
The North Partition Point of New Jersey, on Dela- ware, being fixed in 1719, the Surveyors and Commis- sioners, made an Estimate of the Course that the Line would run, from the North Partition point on Dela- ware, to the Partition-Point on Hudson's River; which Line, by their Order, was run and mark'd, and the Measure of the Whole was nearly 75 Miles, of which three Miles is abreast of the Patent to Hardenbergh and Company; 32 Miles, I esteem, it runs along the Minisinks Patent; 16 along Wawayanda Patent; 16 Miles more along the Patent of Cheescocks, and the remaining eight, along Honan and Hauden's Patent, and the Patents of Tapan: I take even Numbers of Miles, and neglect the Parts of Miles
Of Minisinks Patent, I am Owner of 3-46, as before; and of Cheescocks Patent, I am Owner of 7-28; and these two Patents extend, as before, 48 Miles of the 75 along the Line; so that, tho' I am greatly concerned,
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that the Line should be settled some Way or other; yet it very little concerns my particular Interest, whether it be settled as was judged in 1719, or even 50 Miles lower down; the Difference of my Interest, on the Jersey Side or York Side, I do not esteem equal to my Proportion of the Charge, that the settling of that Line has cost, and is like to cost.
In which I am something oddly circumstanced, as I voluntarily contribute my Proportion in New Jersey of the Charge, of endeavoring to have the Line settled, and am compelled in New-York, to pay my Proportion of the publick Taxes, applied for hindering the Settle- ment of the Line.
The keeping that Line unsettled, as it's a vast Prejudice to East-New-Jersey, so, I think, it's not much less prejudicial to the Owners of New-York Patents, along the Line; and more especially to the Owners of the Minisinks Patent, which is suffered to lie undivided, and of very little Value to the Owners, tho' it contains, by my Estimation, above 200,000 Acres of Land, were the Line of New-Jersey fixed, ac- cording to the Observations of 1719.
To me, Gentlemen, it would seem worthy of your Consideration, to enquire, and be satisfied what that Line is ? what have been the Causes that that Line has remained so long unsettled ? what have been, and are the Obstructions to it ? and how, and by what Means, those Obstructions may be justly removed ?
As to what that Line is, the Deeds from the Duke of York, first to Lord Berkley and Sir George Carteret, and afterwards to the Proprietors of New- Jersey, in 1664, 1680, and 1682-3, all say of New-Jersey, that it '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,
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'and crosseth over thence in a streight Line to Hudson's ' River, in 41º of Latitude.'
As to the Cause of it's not being run, I find, that in Year 1719, the Settlement of the Line was stopp'd upon an Allegation of Allen Jarret, the Surveyor for New-York, that the Instrument was not good; for that some Observations by it differed four Minutes from others, and that the North Partition-point was settled, to the Prejudice of New-York.
From that Difference of Observations, I conceive, it no Way follows, either that the Instrument was bad, or that the North Partition-point was settled to the prejudice of York, more than to the Prejudice of Jer- sey; but I allow, if it was wrong settled to the Preju- dice of the one or other, it ought to be discovered, and if possible amended; and, with Submission I think it was the Duty of those who made that Objection, to have taken proper Measures to have proved the Objec- tion, by getting a better Instrument and better Ob- servers, to have discovered the Error, and then to have fallen on Means for the Correction of it: This the Gentlemen on the York Side then proposed to do, and the Gentlemen of the Jersey Side, not only approved of that Measure, but agreed to join in the Expence of procuring a better Instrument, and had many meet- ings with the York Gentlemen for that Purpose; but nothing was concluded on: And the Neglect, now for above thirty Years, of the York Gentlemen, of all proper Means to prove that Objection, is some Evi- dence, and no weak One, that they did not believe there was Truth in the Objection.
Another Objection to the running the Line, was some Years ago, started, viz. That the Grants of King Charles II. to the Duke of York, were bounded by a streight Line, from the head of Connecticut River, to the Head of Delaware Bay; and that as great Part of New Jersey, was to the Westward of that Line, the
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Duke of York's Grants so far of New-Jersey were void.
This Objection was soon after exploded, by a Pamphlet printed about three Years ago, entitled, Ani- madversions, by which it was shewn, if that Objection was good, it would cut off five Times as much from New-York, as it would do from New-Jersey; and I verily believe, that the Patents of Hardenbergh, Mini- sinks, and Wawayanda, are altogether to the West- ward of that Line, and, consequently intirely void, if that Objection was good; but that Pamphlet shewed, it was neither true nor good.
Another Objection I have often heard, that the Line between New-York and New-Jersey was to go to what's now called the Forks of Delaware; as to which there was a Deed from the Duke of York to Sir George Carteret, in 1674, which granted to Sir George a very large part of New-Jersey, in Severalty whereas he was entitled then, only to a Moiety undivided: And Sir George, in 1676, being made sensible of the Invalidity of that Grant against his Partner Lord Berkley; de- parted from it, by making a Partition of the Whole, and giving up a great Part of what was contained in that Deed of 1674; which Partition was, in 1718, con- firmed by Act of Assembly; which Act has the Royal Assent: There is some Words in that Deed to Sir George, that I believe, gave the first Colour for that Objection: But how that Deed of a Part of New-Jer- sey, should limit the Bounds of the whole Province, granted by Deeds, both prior and posterior; and what Right the Duke and Sir George had, without the con- sent of Lord Berkley, to make a Deed, in severalty, of any Part; and why that place now called the Forks of Delaware, should be meant by that Deed, rather than any of some Hundreds of other Forkings of that River, are matters that require some Proof: Without which, I suppose, the prior and posterior Deeds will be of such Force, as if no such Deed had ever been made.
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That it hath not been the Fault of East-Jersey, but of New-York, that the Line has not been settled; I doubt not, but that the Proprietors of East-New-Jer- sey, will soon point out in their Answer to the Com- plaints of the Assembly of New-York in June last; which Answer, I am informed, is to be given to the Governor and Council of New-Jersey, at their next Sitting, which is appointed to be on the 21st Day of this Month: And in the mean Time, as I am one of a Committee of the Council of Proprietors of East Jer- sey, which has subsisted for about eight Years past, in order, if possible, to come to an amicable Agreement concerning that Line; I do herewith communicate to you, a Copy of a Letter and Paper from that Commit- tee, delivered to Mr. Murray near eight Years ago, for that Purpose; which he declared he had delivered to some of the Gentlemen concerned on the York Side, for an Answer; and Mr. Murray was often by me called upon for their Answer, but so often was an- swered by him, that he had received none.
If you'll seriously consider that Paper, I doubt not you'll think the means therein proposed, were rational and amicable; and that would the Gentlemen of New- York, have opened their Ears to those Propositions, the great Charges and Trouble about that Line that both Sides have been since put to, might have been saved; and if they will still turn a deaf Ear to those Propositions, I believe the past Trouble and Charge about that Line, will be but little, compared with what is very likely hereafter to happen.
The Neglect of those Propositions for near two years after they were made, obliged the East-Jersey Pro- prietors to endeavor the obtaining the Act for running the Line exparte. After it was past, the Commis- sioners of New-Jersey invited the Government of New- York, in the most solemn Manner, to communicate their Objections, if any they had to it, in order to be
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discussed and obviated: But a deaf Ear was turned also to that Invitation; which obliged the Proprietors of East-New-Jersey to send it Home for his Majesty's Approbation, now about five Years ago.
No one in Behalf of New-York, ever offered any Objection to the Act, either to the Proprietors of East- Jersey, or to their Agent in England, till the Hearing before the Lords of Trade; which hearing was, by the New-York Agent, got put off from time to time for four Years running, to the great Expence and Delay of the Proprietors of East-Jersey; nor upon the Hear- ing, was any Method offered or proposed by the New- York Agent, for settling of the Line; but insisted on the damning of the Jersey Act, and on the damning the Proceedings of the Year 1719, for the settling the Line: both which points he, in some measure, carried.
The Agent for the Proprietors of East-Jersey, I am informed, is endeavouring to have a Re hearing before the Lords Committees for Plantation Affairs, against those Parts of the Report that affect the Proceedings of the Year 1719. I make no doubt he thought it his Duty and for the Interest of the Proprietors of East- Jersey to do it. But I much doubt if it be to their Interest to have that Part of the Report altered; be- cause my real Sentiments are, that the Proceedings in settling the Line, as done in 1719, were to the Preju- dice of New-Jersey; and that the North Partition- point of New-Jersey, is farther Northward than was then settled.
The New-Jersey Agent insisted, on the Hearing, That as all the Lands in New-York, for many miles from the Line, were already granted away, that the Interest of the Crown was no way concerned, whether the Line was settled according to the Observations of 1719, or for many miles on one Side or the other thereof. I believed that he could have made good that Assertion; but now I see, that the Lords of Trade have
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discovered a Difference which neither the New-Jersey Agent, nor his Employers, I believe, thought of, viz, "We beg Leave to observe, that in Case of exorbitant "Grants, with inconsiderable Quit-Rents, and where, "consequently, it may reasonably be supposed, that "the Crown has been deceived in such Grants by its "Officers, your Majesty's contingent Right of Prop- "erty, in Virtue of your Seignury, seems rather to be "enlarged than diminished."
May it not from this be suspected, that if the Line Should be settled much further Southward than the Line by the Observations of 1719, some of the New York Patents along the Line may be in Danger of being deemed exorbitant.
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