USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 21
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From whence it would seem to me, by damning the Proceedings of 1719, the Patents of Minisinks and Wawayanda, are not a little endangered.
1st, By being all, or a great part thereof, included in New-Jersey, upon a new Settlement of the Line.
2dly, If the Line be settled much Southward of that of 1719, of being deemed exorbitant Grants.
Again, if the Proceedings of the Year 1719, be damned, I do not see how its possible to preserve the Peace of both Provinces, without agreeing upon some temporary Line, both of Property and Jurisdiction, or something tantamount, until the Line be finally settled; which temporary Line, in my humble Opinion, ought to be agreed on, with Salvoes of the Right, Property and Jurisdiction of both Sides, and even of the mean Profits; and I am well assured, from my Acquaintance with the Sentiments of the Council of Proprietors of East-Jersey, and from their never recalling the Powers of the said Committee, whereof I am one, that they will most readily agree to any rational Measures that can be proposed for that Purpose.
It would seem to me also, that a Committee chosen by the Owners of the Patents of Minisinks and
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Wawayanda, to treat with a Committee of the Coun- cil of Proprietors of East-Jersey, with the Propositions of both Sides in Writing, and with a Mediator to be agreed on, for fixing the temporary Line, the Preserv- ing the Properties and Claims on both Sides, and answering for the mean Profits, and for the Means of finally settling the Line, would be the most probable Way to attain those good Ends, and in the mean Time to preserve the Peace.
These, Gentlemen, are my Sentiments, which I heartily recommend to your Consideration and Reso- lutions on them.
I intend, in two or three Days, to set out to meet the Council of Proprietors of East-Jersey where, possibly, this may be a Subject under their Consideration. If any thing you resolve on in Consequence of this, and acquaint me of it before that Time, I will readily com- municate it to them.
I am, Gentlemen, Your most Humble Servant, JAMES ALEXANDER.
Affidavits of John Herring, Richd Gardner & Peter Decker relative to an Assault made on them by Thomas Dekey & Sons on the 20 July-received from Robert Hunter Esq" by the Lords of Trade in his letter dated 31st March 1754.
JOHN HERRING, of Newtown, in the County of Sus- sex, and formerly In Morris County, In New Jersey, aged fifty six years, as he Believes, In October last, being one of the people called Quakers, duly affirmed, according to Law, on his Affirmation declared, that, on the Twentyeth day of July Last, about Two in the
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afternoon, Being a horseback, rideing, peaceably, in the highway, Leading from Goshen to Newtown aforesaid, about four or five miles Southwestward from the Divi- sion Line, Between New York and New Jersey, and so far within the said County of Sussex, as he Verily Believes, Being In Company with Richard Gardner and Peter Decker, Both of Sussex County, aforesaid, all riding towards Newtown aforesaid, and the said Richard Gardner Being a Little way before this Affirm- ant, as this Affirmant came up, he saw Richard Gard- ner stopt, and one, Commonly Called Jack Dekey, whose name is said To be James, Jacob or Jacobus, Second son of Thomas Dekey, holding the Bridle of Richard Gardners horse, in his Left hand, and having a Large Clubb, in his right hand;
Whereon, this affirmant asked Richard Gardner, why he Stop't? he answered he was Assaulted and stop't, by that man. the affirmant then Asked Rich- ard Gardner, for what reason ? Gardner answered, he Knew not; then, the Affirmant asked the said Jack Dekey, why he Stop't M' Gardner ? he answered, his father Would be there, presently, and Let us Know for What reason; and, In one, or Very few minutes after, the said Thomas Dekey, Came up, a horseback, and Lighted off his horse, and Came up To this Affirm- ant, and presented a pistol To this Affirmants Breast, and Swore, with an Horrible Oath, that he had a good mind To Blow a Brace of Balls, thro' this Affirmant, or Words to that purpose; that the said Dekey then went To Gardner, and feloniously took his saddle Bags, from Behind him, the said Gardner; that the said Dekey feloniously took, Out of this affirmants hand, a well Seasoned Hickory Walking Stick, about an Inch Diameter, at the Big End, and Tapering To the Other end, Belonging to this afirmant, about a Yard Long; and he, the said Thomas Dekey haveing the small End thereof In his hand, struck this Affirm-
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[1754
ant on the head, with the big end thereof, with so Violent a Blow, that, tho' this Affirmant had a hat on his head, made a Wound In his head, of about an Inch Long; By which Wound, this Affirmant Lost a Great deal of Blood, That the said Dekey, afterwards, Con- tinued Beating this Affirmant, with the said Stick, Till, by the Blows he, the said Dekey, split the said Stick, To Shivers, he Believes about Twenty Blows In all; that this Affirmant, all the time sat on his horse, and offered no Blow, nor Resistance, to the said Dekey; That the said Thomas Dekey, then, Went To Richard Gardner, and Beat, and abused him, and feloniously Took, out of the Saddle Bags of the said Richard Gardner, a Surveying Campass a Surveying Chain, a Surveying Scale, and a Pair of Dividers, and a horse Bell, and handed them To his said sons, and George, the Eldest son of the said Thomas Dekey, and the said Jack, were present, and, by a Miltitude of Oaths and Curses, were, during the Whole Time of the Beating of the said Gardner, and this Affirmant, Encourage- ing their said father, to do it; this Affirmant says, that the Blood Run, so Violently, from the said Wound, In his head, that, To Keep It from falling on his Cloaths, he held his head To a Side, To Let it Run On the ground; by reason of Which, he Can't be sure, what part of the Things, taken out of the Bags, were Received by Each of the sons, But, after they were taken out, the said Thomas Dekey, threw the Bags at Richard Gardner; and, then, the said Dekey, and his Two sons, Mounted their horses, and rode of, Carrying with them, the said Compass, Chain, Scale, dividers, and Bell, and so, as aforesaid, they feloniously Robbed the said Richard Gardner and this Affirmant; And this Affirmant says, that, neither he, nor Richard Gardner, To his Knowledge or Belief, gave any Ill Language, to the said Dekey, Nor his sons, nor offered any one Blow at them, during the Whole Transaction
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aforesaid; that this Affirmant then thought and Still thinks, it Very Odd, that the said Thomas Dekey, should have so abused him the Affirmant, Being, not only, an old man, But a Cripple, and one who, by his Religious Principles, Is debarred from using any resist- ance, Especially, when Richard Gardner, a man aged about Thirty one years, and Peter Decker, about fourty Two years of age, were present, and Better able to have Born such abuse, than the Affirmant, who is not Conscious to himself of haveing ever given the said Thomas Dekey, any the Least Just provocation, to such abuse of him, this Affirmant, and had not, To his Knowledge, seen him since about the Beginning of May Last, the said Thomas Dekey was at the Affirm- ants house, when and Where, he dined with this Affirmant, and then parted, In friendship, for any thing this affirmant Knew, and Knows of nothing that Could have raised Thomas Dekeys resentment, to that Degree, But this Affirmant having Assisted Richard Gardner In making a Survey of some Lands, in the said County of Sussex, Belonging to the Proprietors of East New Jersey
JON HERRING
a true Coppy Examined by Ja: Alexander Affirmed in Councill this 23ª of Nov! 1753 CHA READ CI Con
RICHARD GARDNER, aged about thirty one Years, Being one of the People Called Quakers, and duly af- firmed, according To Law, on his Affirmation, declared, that he had, Several Times, heard the Affirmation aforesaid, of John Herring, read to him, and Verily Believes all the facts, therein related, To have been done, on the Twentyeth day of July Last, are true, to the Best of his remembrance; And further says, that the said Thomas Dekey struck this affirmant, about
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Two Blows, while this Affirmant sat on horse Back; That, then, the Affirmant allighted, and run off, a Lit- tle distance, when, the said Thomas Dekey Called for his pistol, and swore he would shoot the affirmant, or Blow a Brace of Balls thro' him; and further, this Af- firmant sayth not;
RHD. GARDNER.
a true Copy Examined by Ja. Alexander. Affirmed In Councell 23d Nov 1753.
CHA READ CI Con
PETER DECKER, aged about forty two years, Being duely sworn, On the Holy Evangelists, On his Oath, declares that he has, Several times heard the Affirm- ation aforesaid, of John Herring, read to him, and Verily Believes, all the facts, therein Related to have been done, on the Twentyeth day of July Last, are true, to the Best of his rememberance, Except the Scale and dividers, which he, the deponent, does not remember To have seen Dekeys take, But is sure, as to the Compasse, chain and Bell, and. Believes, as to the Scale and dividers.
PETERS DECKER.
a true Copy Examined by Ja. Alexander.
Sworn in Councill 23d Nov 1753
CHA. READ Cl Con
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Letter from Governor Belcher to the Lords of Trade- transmitting the Proceedings of the Council and Assembly.
[From P. R. O. B. T. New Jersey, Vol. 7, H. 47.]
Right Honble Lords Comm's for Trade and Plantations.
ELIZABETH TOWN, (N J) May 15th 1754 My Lords
I had the Honour of writing your Lordships, the 20: of December last, and which I understand got well to your Hands, and altho' many Ships are since arrived from England at New York, yet I have recieved none from your Lordships, respecting His Majesty's Honour and Interest here, and the Affairs of this Province. I herewith transmit to your Lordships Transcripts of the Journals and Minutes of His Majesty's Council of the 7th and 21st of February, and 3ª of March, and from 23ª to 30th of April last past.
And the printed Journals of the Assembly in their last Session from 17th to 29th of April.
And these things, my Lords, will give you a full and very particular Account, of what has been transacted here, since my last, in this Government, and in which (I believe) your Lordships will think, I have done every thing in my Power, to urge the Assembly to a sense of their Duty to the King, by complying with His Majesty's most reasonable Orders, for maintaining the Honour and Interest of the British Crown, as much as in them lye's and for securing the future Safety and Happiness of the King's Subjects, Of this and the Neighbouring Provinces, and yet they seem at present deaf, to entering into any Measures, to ward of the Evils they may so justly fear, till they arrive at their
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own Doors: Your Lordships will see I am to meet the Assembly again the first of the next Month, when I shall urge in the most pungent Manner, their uniting with the rest of the English Colonies, for the common Safety.
I have the Honour to be with great Respect
My Lords Your Lordship's Most Obedient & Most Humble Servant,
J. BELCHER.
Letter from Lieutenant-Governor DeLancey, of New York, to the Lords of Trade-about division line between that Province and New Jersey.
[From New York Col. Documents, Vol. VI, p. 838.]
NEW YORK 21 May 1754
My Lords
(Extract.)
* * * * I now send your Lordpps some papers relating to the division line, between New Jersey and this Province, with a copy of an ancient Map,' said to be signed by Andrew Hamilton, who was then Govr of East Jersey. I have drawn two lines on the Map, to distinguish in a triangle, the Lands that are as I conceive still in the Crown. I shall make no obser- vations on King Charles Second's Grant to the Duke of York, but will suppose the Duke had a right to grant the lands, which he did grant to Lord Berkely and Sir George Carteret, and then it is to be consid- ered how far the Duke's Grant to them, did extend up
1 Presumed to have been a copy of George Keith's map, who ran a portion of the Division Line .- ED.
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Delaware River. The bounds from Cape May at the mouth of Delaware River and "extending to the Northward as far as the Northermost Branch of the said Bay, or the River of Delaware, which is in forty one degrees and forty minutes of Latitude." There I would only observe, that the Northermost Branch of the said Bay or River is the terminus ad quem, the place at which they must stop; the words, as far as, being the same in source as, usque ad, which is al- ways exclusive of the place to which you go; so that from Cape May, to the Northermost Branch of Dela- ware River is the whole extent of the Western boun- dary of Jersey. As for these words, which is: in forty one degrees and forty Minutes of Latitude, I do not take them to be part of the description of the Boundary, they are only affirmative words of compu- tation, or rather conjecture of the latitude wherein the Northermost branch or the Forks of Delaware lye. For instance, if a grant was made of all the lands from London Bridge to Greenwich, which is ten miles: here the mistaken computation made of the distance, will not carry the grant beyond Greenwich. London Bridge being the terminus a quo, the place whence, and Greenwich the terminus ad quem, the place to which; and these two make the extent of the Grant, and are always understood to be conclusive. So of the western boundary of Jersey, the main Ocean at Cape May at the Mouth of Delaware Bay, is the ter- minus a quo, and the Northermost branch of the said Bay or the River of Delaware, is the terminus ad quem, which make the extent of the Jersey grant on the West. For Delaware River is formed by the two branches joining into one Body at the forks of Dela- ware may properly enough to be said to be the ne plus ultra, of Jersey on that side. For the mistaken com- putation of distance or latitude, cannot enlarge the
20
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extent of a Grant, words of that sort being not de- scriptive but conjectural.
It is said, as the Patents of Wawayanda and Min- isink are bounded on the Jersey line, his Majty's interest can not be concerned, let the line run where it will, but this is a mistake; for the Jersey line on which these Patents were bounded, was the supposed line marked in the Map which was at that time understood to be the line, and they cannot be extended Southward, even if the real line of Jersey is to run from the Forks of Delaware, or the head of Delaware Bay, to the Station on Hudson's River opposite to the lower Yonkers; the King's intention being to grant lands no further than the then supposed line.
I wrote to Gov' Belcher to propose a line of peace be- tween the two provinces, to put a stop to the disputes and disorders that are committed on the Borders; in which letter I thought it my duty, as his Majesty's servant, to tell him my opinion that the forks of Dela- ware, were the ne plus ultra of Jersey on that side. This paragraph has drawn upon me a pretty extraor- dinary proposal from the Jersey proprietors; which was delivered to me by M: Alexander. I shall make no reflections on it, but submit the propriety of it to your Lordpps consideration. I must inform your Lordhp
that M' Alexander is a Member of his Majty's Council for this Province and for the Province of Jersey, and a considerable proprietor, and chief Manager in behalf of the Jersey proprietors, I leave it to your Lordpps to consider how consistent this is, while there is this con- troversy subsisting between the two Provinces, and between the Proprietors and his Majesty. I inclose the Report of a Committee of his Majesty's Council on the disturbances between the people living on the bor- ders of the two Govern's and the opinion of the Com- mittee for establishing a line of peace, until the parti-
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tion line be fixed between both provinces, and Mr Alexander's reasons for his dissent to the said Report. Your Lordpps will perceive the opinion of His Majty's Council to be, that the line of peace, should run ac- cording to the supposed line, and the reasons upon which they ground their opinion, and if they appear satisfactory, I hope directions will be given to the Gov's of the two provinces, that the line be so fixed & ascertained as a line of peace, until His Majty's right be finally settled in such a legal course, as his Majesty shall think proper.
I am very backward to take any steps to protect the Freeholders and Inhabitants in the quiet enjoyment of their possessions up to the supposed line, as the Council advise. The Reason, My Lords, is, that I am concerned in the Minisink Patent, and so are my Brothers and Sisters, as Devisees of my Father, who held two shares in that Patent, Nor shall I take any steps without the advice of the Council. I beg your Lordpps will be pleased to direct me on this head
* * * * *
I am, My Lords, Your Lordpps most obedient & most humble servant JAMES DELANCEY
20*
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Letter from Sir Thomas Robinson, Secretary of State, to Governor Belcher-in relation to the action of the New Jersy Legislature to resist the hostile at- tempts of the French on the Ohio.
[From P. R. O. America and West Indies, Vol. 74.]
WHITEHALL 5th July 1754.
Gov! of New Jersey.
Sir
Your Letter of the 10th of November last, acknowl- edging the Receipt of the Earl of Holdernesse's of the 28th of August last, having been laid before the King, I am to acquaint You, that His Majesty does not doubt, but that You will have kept up the exact Correspond- ence, which You mentioned, with all the other British Colonies, and that You will consequently have had full Information of the late hostile Attempts of the French upon the River Ohio, under these Circumstances, You will certainly have called tegether, as You intended, the General Assembly of Your Province, and by laying before them the urgent Necessity of mutual Assistance, You will have engaged them to grant Supplies accord- ingly; But as You have not hitherto transmitted any Account, with regard to these Points, the King will expect to hear, that You have executed His Com- mands, and that His Subjects, under your Care, have taken the proper Steps for their own, and the general Security, In the meantime I am to enforce to You, by the Kings express Command, the Directions of the 28th of August last, in the strongest manner, and to ac- quaint You that His Majesty expects your immediate Observance thereof.
I am &cª T: ROBINSON.
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Resignation of Joseph Warrell, Attorney-General of New-Jersey, and nominating Courtland Skinner as his Successor.
[From P. R. O. B. T., New Jersey, Vol. 7, H. 49.]
BELLVILLE July 5: 1754.
To His Excellency The Gov!
Hond S!
As I have all the Reason in the World to make my greatfull Acknowledgments to your Excellency for all the Favours & Friendships I have continually recievd from your self & good Family & especially for your good Wishes & kind Promises to serve me on any proper occasion to make my declining Part of Life comfortable I now take the Liberty of begging your Excellency: Con- currence of accepting my free Resignation of the Of- fice of Attorney General of this Province of New Jersey in favour of Courtland Skinner Esq"1 whose inexcep- tionable Character & regular Education under his Father in Law M: Kearney will no doubt make him meet with Your Excellency: Approbation & be accept- able to the Province; & that the long Fatigue of up-
1 For notice of Mr. Skinner see "Contributions to The Early History of Perth Am- boy," p. 101. He was the oldest son of the Rev. William Skinner of Perth Amboy, and became eminent in his profession, for which he was educated in the office of David Ogden of New York. During the early stages of the struggle for Independence, he was strongly opposed to the encroachments of the British Ministry upon the liberties of the colonies, but eventually identified himself with the royal cause and left the the province in 1776. He was immediately appointed Brigadier General with authority to raise five battalions from among the disaffected in New Jersey. He succeeded in getting only about five hundred men. He finally took a house at Jamaica, L. I., and gathered his family again within it, and after the Revolution he took them with him to England. He received from the government compensation for his forfeited estate and the half pay of Brigadier General during his life. He died March 10th, 1799, aged 71, and his tombstone could be seen a few years since in St. Augustine's Church, Bristol. - ED.
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wards of twenty Years Service without any just Im- putation of Failure in my Duty under the Disad- vantage of too small a Support from the Assembly (& no likely hood of its increasing) will plead for the reasonableness of my Request to Your Excellency for a Quietus at my Age I beg my sincerest Respects to Your Lady & all the Family & am Sir
Your Excellency: most obliged
& obed: humble Serv J. WARRELL.
Letter from the Lords of Trade to Governor Belcher- commenting upon the action of the Legislature in not providing resources for the common defence against the French.
[From P. R. O. B. T., New Jersey, No. 15, Ent. Book D., p. 429.]
WHITEHALL July 5th 1754
To Jonathan Belcher Esq, Governor of New Jersey.
Sir,
It is a great Concern and surprize to Us to find by the Letters We have lately received from you, that the Assembly of New Jersey have been so regardless of their own Interest and Security and of His Majesty's Orders, as to have absolutely refused for the present either to raise any Supplies for the common Security and Defence of the Colonies against the Hostile En- croachments of a foreign Power, or to make provision for sending Commissioners to the meeting appointed to be held this Summer with the six Nations. We are at a loss to guess at the motives for so extraordinary a Conduct at this time, when the proceedings of the
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French make it the common Interest of all the Northern Colonies to unite and exert their most vigorous En- deavours for their mutual Defence; the sending Com- missioners to the meeting at Albany would have great- ly facilitated such a measure, and some plan of Opera- tion might probably have been struck out by them; but should it have failed of having that effect, yet the great Security and advantage which is derived to all the Northern Colonies from the Friendship and Alliance of these Indians, independent of Commercial Considera- tions, is so great as certainly makes it a common con- cern; and therefore the Argument of the Assembly, that they have no Commercial Connections with them, is frivolous and without foundation. The late Trans- actions of the French upon the Ohio in taking posses- sion of a Fort built there by His Majesty's Order will, we hope, awaken them to a proper sense of their In- terest and situation, and convince them of the Neces- sity of immediately concurring in measures for the general Defence of the whole.
The Instruction relative to the Revisal of the Laws is so evidently calculated for the Advantage and In- terest of the Colonys, that We are surprized to find the Assembly should have refused Obedience to it upon such trifling considerations; nothing can be more desir- able in a well regulated Community than a well di- gested Body of Laws, freed from perplexity and con- fusion, and wherever that is wanting, frequent mis- takes, Controversys and Confusion will necessarily arise.
It gives Us great Pleasure to find by your Letter of the 8th of August last, that the Province is in so peace- able a state with respect to the Riots and Tumults, by which it has of late Years been so greatly disturbed. We entirely agree with you, that if the Proprietors would avail themselves of this peaceable Disposition to bring on their Action of Trespass and Ejectment ,
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the Points, upon which these Disputes and Riots have arisen, might come to a final Determination: and We desire you will urge this Point to the Proprietors in the strongest manner you can, and that you will give proper directions to the King's Attorney General to prosecute such Rioters as have been apprehended, and lye under Bonds, that appearing to Us to be a very proper and necessary measure, if the Colony is in that state of Peace and tranquility you describe it to be.
It gives Us great Concern to find by your Letter of the 20th of December, that any Riots and Outrages have been committed on account of the Dispute be- tween New York and New Jersey relative to the Line; We think it highly necessary for the preservation of the peace, that some temporary Line of Jurisdiction should be established by His Majesty's Authority, un- till the true Line of property can be ascertained; and We shall shortly take this matter into our Considera- tion and lay our Thoughts upon it before His Majesty; in the mean time We earnestly recommend to you, as We have already done to the Governor of New-York, to take every prudent and legal method to promote Peace and Quiet amongst His Majesty's Subjects. So We bid you heartily farewell and are
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