USA > New Jersey > Bergen County > History of Bergen county, New Jersey > Part 6
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MEMBERS OF THE PROVINCIAL CONGRESS OF NEW JERSEY FROM BERGEN COUNTY.
June and Angust, 1775, John Fell, John Demarest, Hendrick Kuyper, Abra- ham Van Boskirk, Edo Marseles. October, 1775, John Demarest, Jacobus Post. Abraham Van Boskirk.
MEMBERS OF THE CONSTITUTIONAL CONVENTIONS.
1776, John Demarest, Jacobus Post, John Van Boskirk, Jacob Quackenbush. Daniel Isaac Brown. 1844, Abraham Westervelt, John Cassedy, of Bergen County; Elias B. D. Ogden, Andrew Parsons.
MEMBERS OF CONGRESS.
Hon. Adam Boyd 1803-5; to fill vacancy 1809 and in Twelfth Congress 1811-13: Hon. John Huyler 1857-59; Hon. William Walter Phelps 1873-75; Hon. Charles H. Voorhis 1879-81; Hon. William Walter Phelps 1885-86.
GOVERNOR.
Hon. Rodman M. Price 1854-57.
JUSTICE OF SUPREME COURT.
Hon. Manning M. Knapp 1875-82.
CHAPTER X. THE COURT AND COURT HOUSES.
The province of East Jersey was not divided into counties until 1682. Although the General Assembly of the whole colony by an Act passed on the 30th of November. 1675 had declared Bergen and the plantations and settlements in its vicinity to be a county, in name Bergen county. though the Act does not say so in so many words.
Old traditions have located a county court in the present village of Hackensack as far back as 1665. The sessions of the court were on the first Tuesday in March, June, September and December. By the above Act provision was made for the trial of small causes: also tax cases were to be tried by three persons without a jury having jurisdiction in all matters of forty shillings and under with right to appeal to either party upon the request and at his cost. Criminal jurisdiction was confined to. the county court.
In 1708 Bergen county was enlarged taking in all the territory on the west side of the Hackensack to the Passaic River, northward to the boundary of the province and southward to Constable Hook. The vil- lage of Hackensack in New Barbadoes then became a part of Bergen county.
The Act of 1682 provided for a Supreme Court then designated as the "Court of Common Right." This court sat at Elizabethtown, then capital of the province.
To the end that British sovereignty should be recognized and main- tained. all warrants with process and attachments were issued in the name of the king of England. In 1688 the court for the trial of small causes was to be held monthly at the house of Lawrence Andriss, of New Hackensack, and also "at the house of Dr. Johannes, on the Hack- ensack River, then in the county of Essex, and for the inhabitants of New Barbadoes and Acquickanick."
Profane swearing or cursing in 1682 cost the offender one shilling. One of the early laws enacted was as follows:
"Concerning that beastly vice, drunkenness. it is hereby enacted that if any person found to be drunk he shall pay one shilling fine for the first time, two shillings for the second. and for the third time, and for every time after, two shillings and six pence; and such as have nothing to pay shall suffer corporeal punishment: and for those that are unruly and disturbers of the peace. they shall be put in the stocks until they are sober, or during the pleasure of the officer in chief in the place where he was drunk."
New Jersey remained partitioned into East and West Jersey under two co-ordinate governments until 1702. When Queen Anne ascended the throne. in 1702. the two provinces were consolidated into one govern-
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ment and thus remained under royal authority until the Revolution of 1775. The Governor and Council were empowered to erect, constitute and establish such courts as they should deem proper ; and to appoint and to commission judges and other officers without limitation of time in these commissions.
A Court of Chancery was early recognized. By an ordinance of Lord Cornbury, the Governor or the Lieutenant-Governor, or any three of the Council, could constitute a court to hear and determine causes in equity, as in the English Court of Chancery.
Governors Hunter and Franklin exercised chancery powers under the colonial system, and so that court was presided over long after the Revo- lution, and until a chancellor was provided for under the State constitu- tion. Ecclesiastical jurisdication was exercised over the province by the Bishop of London, excepting "the collating to benefices, granting licenses of marriage, and probate of wills," which were confined to the Governor. The Bishop of London thus became the ordinary and metropolitan of the Prerogative Court. But surrogates were soon appointed, but vested only with the clerical powers they now have ; and Orphans' Court were established in the several counties in 1784. The original jurisdiction of the ordinary remained unchanged till 1820. Sur- rogates were appointed in joint legislative meeting till 1822, and after- wards were elected by the people, as at present. The Supreme Court always had plenary jurisdiction, civil and criminal. There were also special commissions for terms of the Oyer and Terminer, but to be held at the regular circuits. They were presided over, as now by a justice of the Supreme Court and the associate judges of the Common Pleas in each county. Before the county organizations were established special terms of the Over and Terminer were sometimes appointed to be held at Woodbridge, and frequently at the capital of the province. A judge of the Supreme Court and special judges were then appointed to hold that court.
In common with other colonies slavery came to the province of New Jersey at a very early day. In existence of this institution called for peculiar laws, one of which was passed in the twelfth year of the reign of Queen Anne ( 1713), entitled " An Act for regulating slaves." This Act forbade any traffic with any indian, negro or mulatto slave without the consent of the owner." The necessity which called for such laws evolved subsequent enactments, manifestly very unjust to the colored people.
In the minutes of the Justices and Frecholders for the county of Bergen, in 1735, is found the following entry of a trial of a negro slave : " New Jersey, Bergen County, the 15 of August, 1735. Upon infor- mation made to William provoost, Esqr that the negro man of peter Kipp called Jack, having beaten his sd master and threatened Several Times to murder him, his said master and his son and Also to Burn down his House Whereupon the Said Wm. provoost Esqr Granted a Warrant
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Directed to the Constable to take the said Negro Jack Into Custody and Was Committed by the Said Win. provoost Esqr to Goal.
" This Is In His Majestyes Name to Will and Require you to Sum- monds Thre or more Justices and five principal freeholders for Said County to appear at the Court House for the said County on friday morning at Nine of the clock, Being the fifteenth Day of this Instant August to try the Negro of petre Kipp named Jack, for having Beaten his Said Master and Threatened several times to murder him and his son and Also to Burn Down his House on Wednesday the Thirteenth day of this Instant and in this you Are Not to fail.
" Given Under my Hand this fourteenth Day of August In the Ninth Year of our Reign : 1735
( sd ) " WILLIAM PROVOOST.
"To DAVID ACKEMAN, High Constable
" This Is In his Majesties name to will and Require you to Sum- inond these Under Named to Appear at the Court House on Friday the 15 day of this Instant to Give Evidence In the Behalf of Our Lord the King Against the Negro of Peter Kipp called Jack & In this you are Not to fail. Given Under my Hand this 14 day of August, 1735 and In the Ninth year of our Reign.
"To DAVID ACKEMAN, High Constable. Peter Kipp. Elshe Kipp. Their Son, Henry Kipp, Derrech Terhune, Jacobus Housman, Isaac Kipp. " New Jersey, Bergen Cty. Whereas William provoost Esqr Being Informed that the Negro of peter Kipp Called Jack having Beaten his Sd Master and often times threatened the Lifes of his Sd master and his Son Likewise to burn his Sd Masters House and then Destroy himself on Wednesday the 13 day of August 1735 for which We here Under Subscrib- ed was Summond by the Justices to appear at the Court House of the Said County the 15 Day of the Sd Instant to Try the Said Negro Jack Ac- cording to the Direction of Act of General Assembly Entitled an Act for Regulating Slaves Whereupon having Duily Examined the Evidence According to ye direction of the Aforesaid Act found the Aforesaid Negro Jack Guilty of the Said Crime Alledged Against him- -
(Sd) "Wm. Provoost, Isaac Van Gesen, John Stagg. Henry Van- delenda, Paulies Van Derbeek, Justices, present.
" Abraham Vack, Abraham Ackerman, Egbert Ackerman, Lawrence Ackerman. Garret Hoppe, Freeholders, present.
"New Jersey, Bergen County : Att a meeting of the Justices & free- holders for the Trying of the Negro Man of Peter Kipp Called Jack at the Court House for the said County on friday the 15 Day of August 1735. Present the above Named Justices and freeholders, the freeholders Being Sworn & proceeded to Tryal.
"David Provoost Esqr Being appointed by the justices to Prosecute the said Negro Man of Peter Kipp called Jack. Gentlemen I am ap- pointed by the Justice's to Prosecute the Negro Man of Peter Kipp Called Jack for having on the 13 Day of this Instant August struck his Said Master Severall (blows) and offered to kill him With an Ax and often
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times Said that he would kill his Said Master, and Master Son. Burn his Master's House and then Destroy himself Which I am Ready to Make Appear by Good and Lawful Evidences that the abovesaid Negro Jack Is Guilty of Both Striking his Master Several Blows and Attempting to Kill him With an Ax and Likewise of Threatening Several times to Kill his Said Master and his Master's Son and Sett fire to his Masters House and then Destroy himself For Which Reason I Desire Your hon- ours that the Above Said Negro May Be tryed as the Law Directs that the King May have Justice Done, which was Granted by the Jus- tices and freeholders and Did proceed Accordingly.
" THE EVIDENCES-DECLARATION.
" Peter Kipp Declared upon the Holy Evangelist that he was going to one of his fields with his Negro Man Jack and on the Road he Gave the Said Negro a Blow which at the Said Negro Risisted & fought with his Master, Striking him Several Blows and Afterwards taking up an Ax threatened to kill him his Said Master and his Son and then Destroy himself. Upon Which his Said Master Ran away for assistance and somtime after he Was Tyed he Said that he would In the Night When his Master Slept Sett his house on fire.
" Henry Kipp Declared Upon the Holy Evangelist that he being one of the Assistance at the Taking and Tying of the Said Negro that when they came to the Said Negro they found two Axes by him and after hav- ing tyed him he said that when his Master Slept he would Sett his House a fire.
" Then Isaac Kipp and Jacobus huysman declared likewise with Henry Kipp. Then Henry Kipp declares that his father gave the negro a blow at which the negro resisted and fought his father : striking him Several blows and taking up an ax and threatening to kill him and then destroy himself: and then the record proceeds as follows: Then the prisoner With-Drew and the justices and the freeholders proceeded. The justices and freeholders having taken the matter into Consideration and Did Give Sentence of Death Upon him as followeth:
" That is to say that ve Said Negro Jack Shall be brought from hence to the place from Whence he came, and there to Continue untill the 16 day of This Instant August till Ten of The Clock of the Morning, and then to Be Burut Untill he Is Dead, at some Convenient place on the Road between the Court House and Quacksack.
" This Is therefore to Will and Requir you to take ye Body of the Negro Jack Into your Custody & See him Executed According to the Sentence given, and for your so Doing this Shall be your Sufficient War- rant. Given Under our hands this 15 day of August, In the 9 Year of his Majesties Reign, Annoy Domini 1735.
" TO PROCLUS PARMERTON, High Sheriff of the County of Bergen, and signed by the Justices and Free holders, whose names are mentioned at the beginning of this proceeding."
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By a brief analysis of this proceeding it will be seen that when the negro, Jack, was going to the field with his master, on Wednesday, August 13, 1735 ; that the master gave Jack a blow. He was, therefore. the first assailant, though, as a master, he deemed himself empowered to chastise his slave ; that the negro struck back, and made, in his anger, sundry threats ; that all the formal proceedings were done and the matter disposed of Friday following, and sentence passed directing the Sheriff of the county to burn the negro on Saturday morning, August 16. 1735. " til he is dead."
On Wednesday the African offended, and on Saturday morning he was burned to ashes, and all this was done lawfully and under the British Constitution in 1735, less than a century and a half ago.
In 1741 two negroes, charged on suspicion of having set seven barns on fire, were convicted and burned to death at Yellow Point, on the east side of the Hackensack River, near the house of Dierech Van Horn. This act, as appears from the records. was frequently invoked. and con- tinued even down to the Revolution. During this period the stocks. the whipping post and the pillory. "at convenient places" in different parts of Bergen County, performed their part also in punishing petty crimes, and misdemeanors also of greater magnitude. At the October term of the General Quarter Sessions, sitting at Hackensack, in 1769, we have the following record, showing how the prisoner was punished. The case is entitled
"The King agst Quack. a Negro Man belonging to Mary Terhune. The prisoner arraigned on his Indictment pleaded guilty, and submits himself to the mercy of the Court. On motion of Mr. Brown for the Lord for judgment, the Court ordered that as in the Warrant. " To the Sheriff of the County of Bergen:
" Thomas Quack, a Negro Man. belonging to Mary Terhune, was this day indicted before us. George Ryerson. Rynear Van Gieson, Law- rence L. Van Boskirk, Peter Zabriskie, John Fell and Ruliff Westervelt, Esqrs., His Majesty's Justices of the Peace in and for the County of Bergen, one whereof bin of the Quorum of the Court of General Quarter Sessions of the peace, holden this day in and for the County of Bergen. for feloniously stealing, taking and carrying away from the dwelling house of Isaac Kipp, Junior, certain goods, and has pleaded guilty to his said Indict. Therefore, in His Majesty's name. you are hereby com- manded forthwith to take the said Negro Quack from this Bar to the public Whipping Post. at the Court House, and there cause the said Quack to receive fifteen lashes, well laid on his bare back, and from thence you are to take him tyed at a Cart's tail to the corner of the Lane opposite Renier Van Gieson, Esqr .. and then cause the said Quack to receive fifteen lashes more as aforesaid, and from thence, at the Cart's tail, take him to the corner of the Lane opposite to J. Isaac Ryerson. and there cause said Quack to receive nine lashes more, in manner afore- said. and on Friday next, at 3 o'clock in the afternoon, you are again to take the said Quack to the Whipping-Post aforesaid. and cause him
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to receive fifteen lashes more, in manner aforesaid, and from thence to the Street facing Mr. William Provoost, and there cause said Quack to receive fifteen lashes more, in manner as aforesiil, and from thence to the lane opposite to Mr. Isaac Kipp's, and cause him to receive nine lashes more in manner aforesaid, and on Monday next you are again to take the said Quack to the Whipping Post aforesaid, and cause him to receive fifteen lashes more in manner aforesaid, and from thence over the Bridge, opposite to Mr. George Campbell's House, and there cause him, said Quack, to receive fifteen lashes more, in manner aforesaid, and from opposite Mr. Jacob Zabriskey's dwelling-House, and cause the said Quack to receive nine lashes more, in manner aforesaid, and the several constables of this County of Bergen are hereby com- manded to attend and assist you. Given under our hands and seals this Twenty-fifth Day of October, Anno Domini 1769.
(Signed ) "George Ryerse, Peter Zabriskie, Lawrence L. V. Bos- kirk, John Fell."
Within a week the negro, in nine whippings on three several days. and at the whipping-post and other public places in and about the village of Hackensack, was scourged one hundred and seventeen lashes. It is said that two slaves, named Ned and Pero, in attempting to rob in the night, had broken a man's skull in an atrocious assault, whereby his life was endangered, and on conviction they were sentenced to receive five hundred lashes each, one hundred lashes to be inflicted on each succeed- ing Saturday till the punishment was complete. These several whip- pings were to be imposed in different public places in the county. One of the slaves survived the five hundred lashes, but the other died on the fourth Saturday, after having received four hundred lashes. No record of this affair has been found. It is stated, however, on information which is deemed reliable. The whipping-post, stocks and pillory con- tinued long after the Revolution, but the awful scenes of burning at the stake, let us hope, were too abhorrent to have been of frequent occur- rence long before 1776.
COURT-HOUSES, CLERK'S AND SURROGATE'S OFFICE.
No court-house could have been built in Hackensack for the County of Bergen earlier than about 1709 to 1710. then the first court-house was built on the Green, fronting on Main Street. That structure comprised a jail and court-house built together. It was destroyed by the British i11 1780.
The second court-house and jail were built in Youghpough, in the township of Franklin, during the Revolution, and the courts were held there for a few years, as deliberative Justice during that stormy period found itself too near the British lines and British invasion in attempting to sit statedly at Hackensack. Of course. Youghpough (pronounced in modern times Yoppo) was only the county-seat ad interim, and until Justice could resume her more ancient seat in peace and safety at Hack- ensack. There was a log jail. built at Youghpough, but the courts seem
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to have been held there either in the Pond Reformed Church or even at private houses in the vicinity, to such judical extremities had the British driven us during the Revolution. It is related that Noah Collington, or Kellingham, a Tory. was hung near the log jail at Youghpough. He had been indicted for murder and robbery in this county. In attempting to escape in disguise across the Hudson near Fort Lee, in order to get within the British lines, he was captured near that place and brought to this jail .*
The third court-house, and first after the Revolution, was built at Hackensack, near Main Street, now the brick storehouse of Richard Paul Terhune. The land for that purpose was conveyed to the county by Peter Zabriskie as grantor. His deed is dated October 27, 1784.
On May 18th, 1785, Peter Zabriskie executed another deed to the county in consideration of eighty-two pounds lawful currency of New Jersey for another lot, and on May 9th, 1793, deeded to the county an additional piece of land adjoining the east side of the Court House lot, four feet wide, extending the whole length of that lot.
Two hundred pounds was ordered to be raised by county tax to build the Court House. Nehemiah Wade deeded the land on which the former Clerk's office stood, July 3d, 1786. The Clerk's office was built between 1812 and 1819, a little north of the Midland Railroad, on the west side of the street. There it remained until 1853.
An effort was made by the up-town people to locate the Court House there, but the offer by Robert Campbell was accepted, and in 1819 the building so familiar to the people of the county, was erected, with the Green in front, and the Clerk's and Surrogate's Offices near it.
Tielman Van Vleck was the presiding judge of the first court pro- bably ever held within the present territory of New Jersey. The early list of lawyers in this county down to 1776, as fully as can be obtained are given with their dates of admission as follows:
1661, Tielman Van Vleck, admitted as attorney in 1660.
1664 to 1678, Claes Arentse Toers, Balthazar Bavard, and William Pinhorne, admitted ( probably ) attorneys about 1661. The latter was also a merchant.
1707. John Pinhorne, admitted as attorney in 1707.
1720 to 1750, David Ogden, Mr. Duane, and Mr. Lodge, admission as attorneys unknown.
1750 to 1756. Robert Morris and John De Hart, admission as attor- neys unknown.
1756 to 1761, Mr. Legromsie, Mr. Nicoll, and Dr. Isaac Brown, admission as attorneys unknown.
Elisha Boudinot, appointed sergeant-at-law in 1792.
Cortlandt Skinner, appointed attorney-general July 10, 1754.
George Ross, Lewis Ogden, A. Moore, and Isaac Ogden, admission as attorneys unknown.
1776, John Chetwood and Abraham Ogden, admission as attorneys unknown.
See sketch on the History of Oakland.
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HISTORY OF BERGEN COUNTY
William Pinhorne, who came to this country from England in 1678. was second judge of the Supreme Court of New Jersey in 1704, judge of the Bergen County Common Pleas in 1705, and of the Bergen Oyer and Terminer in 1709, and of the Common Pleas in 1709. He had previously been judge of the Supreme Court of New Jersey, and at one time presi- dent of its Council, and commander-in-chief or Governor. He died in 1719. His son John was clerk of this county in 1705, and was admitted to the bar June 6, 1707, and practiced in this county, and probably resided at Hackensack or Hoboken. His sister Martha married Roger Mompes- son, who was chief justice of New York and Pennsylvania, and in 1704 was also chief justice of New Jersey.
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CHAPTER XI. BERGEN COUNTY IN TIME OF WAR.
THE REVOLUTIONARY STRUGGLE. THE WAR OF THE REBELLION. THE RAILROAD STRIKE. - THE WAR WITH SPAIN.
. The military history of the county of Bergen extends over the whole period of its occupation by the white man. Upon the arrival of the first settler he was obliged to place himself on the defensive, and stand ready for combat. The Indian, of course, resented the intrusion of white men upon the domains which he considered his by right of possession, and enjoying the right of priority, was happy in his simple and indolent life, and desired no other kind of existance. The astute Dutch settler saw before him wealth, independence and consequently a cause for even fight- ing for a name and place in the New World. After many conflicts and many sad disasters to both the civilized and uncivilized participants, the poor ignorant savage was obliged to yield to the wiser and more enlight - ened adversary. This was the only outcome possible in such a conflict. pathetic as it is to contemplate. The first Indian war having ended in 1645, and a treaty of peace concluded, quiet prevailed for a time.
It was not until 1774, the beginning of the Revolution, that a point was reached in the methods used by the mother country, to force the payment of taxes by her subjects on this side, without the privilege of sending representatives to look after their interests, which brought out the necessity for a decisive step. A military force must now be organ- ized to meet an enemy of equal intelligence and of greater numerical strength, for the purpose of defending the rights of those who had braved all sorts of hardships in their effort to build up homes in this country.
Accordingly a local Committee of Safety was organized in Bergen county, a measure probably hastened by the closing of the port of Boston in the Spring of that year, (1774). The Freeholders and people of Ber- gen County held a meeting at the court house on the 25th of June and with Peter Zabriskie as chairman adopted the following preamble and resolutions :
This meeting being deeply affected with the calamitous condition of the inhabitants of Boston in the province of Massachusetts Bay, in con- sequence of the late Act of Parliament for blocking up the port of Boston, and considering the alarming tendency of the Act of the British Parlia- ment for the purpose of raising a revenue in America.
" Do Resolve, 1st, That they think it their greatest happiness to live under the government of the illustrious House of Hanover, and that they will steadfastly and uniformly bear true and faithful allegiance to
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His Majesty King George the Third under the enjoyment of their consti- tutional rights and privileges.
" 2d. That we conceive it to be our indubitable privilege to be taxed only by our own consent, given by ourselves or by our representatives ; and that we consider the Acts of Parliament declarative of their right to impose internal taxes on the subjects of America as manifest encroach- ments on our national rights and privileges as British subjects, and as inconsistent with the idea of an American Assembly or House of Repre- sentatives.
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