History of Essex and Hudson counties, New Jersey, Vol. II, Part 67

Author: Shaw, William H
Publication date: 1884
Publisher: [United States :]
Number of Pages: 830

USA > New Jersey > Hudson County > History of Essex and Hudson counties, New Jersey, Vol. II > Part 67
USA > New Jersey > Essex County > History of Essex and Hudson counties, New Jersey, Vol. II > Part 67

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

IMMON LANDS SEMVETED AT AURFEMENT.

" It in agreed by and between all and every the parties to these prre- ents that whatsoever part of the comnum and undivided lands hava been by thom, or either of thems, at nur time hereivfore taken up, urod or claimed, and added to their jelented or purchased lub is, shall forever hereafter tw deemed taken and aryjudged, and shall remain and continue in common till a division be made of the said common and undivided lands."

942

HISTORY OF HUDSON COUNTY, NEW JERSEY.

They then agree to a survey to be made by Cor- nelius Corson, who was to survey the several patents within eight months from the date of this instru- ment.

several deeds, grants and writings, by which they hold their respective farms, and in no way to obstruct the said surveyor ; and that each one pay for the survey of his own tract or grants.

Next, they, for the better preservation of the timber and wood, bind themselves not to cut, or cause to be cut. any more wood or timber than each one may need for necessary building, repairs, fencing and fire- wood for him and themselves only.

Finally, for the faithful performance of these articles. they individually bind themselves in the penal sum of one hundred pounds proclamation money of New Jersey, to be forfeited and paid by any party breaking the agreement.

The persons signing the document were

" Myndert Gerrebrants. Cornelius Van Newkirk. Abraham Dirdrick.

Johannes Van Houten. Zacharia Sickelse

Michael Cor's Vreeland.

John Van Horne.

Cornelius Gerebrants.

Jacobus Van Buskirk.

Ido Mpp.

Amlries Van Buskirk.

Hendrick Siggels.

Lowrens Van Buskirk.

Cornelius Van Woorst.

'ornelius Blenkerhoff.

Jacob Brower. Peter Marcelise.

Jacob Gerre Van Wagoner.

Ilendrick Spier.

Jacob Van Horne. Daniel Van Winkle.

Arent Topra.

Abraham Sickels. Hendrick Van Winckell.

Carret Roose

Johanna- gere Van Wagenen.

Lereymis Van Buskirk.

" scaled and delivered in presence of

" JOHANNIS VREELANDT. " İHBUK KADMUSA

Commissioners Appointed to Divide Lands .- Notwithstanding this agreement, and which may have been to sonn extent carried out, other difficulties were occurring, and no satisfactory adjustment was effected until Dec. 7, 1763, when the Governor, the Council aud tieneral Assembly of the colony passed " An Act appointing Commissioners for finally settling and de- termining the several rights, titles and claims to the common lands in the township of Bergen, and for making a partition thereof, in just and equitable pro- portions a nong those who shall be adjudged by the said commissioners, to be entitled to the same."

The first section of this act recites the claims of the parties under the charter of Philip Carteret of Sept. 22, 1665, in which the limits or boundaries of the township are recited and the powers granted thereby, especially as to the dividing of the lands within the township not at that date already appropriated ; " And that Letters Patent of her Majesty Queen Anne, dated 14th of January, in the 12th year of her reign, were issued, confirming said corporation of the said township ot Bergen, and said Letters Patent were confirmed by an act of the Governor, Council and General Assembly of the Colony, passed Jan. 29,

1713, entitled ' An Aet for the confirmation of a patent or charter granted by his Excellency, Robert Hunter, Esq. Captain-General and Governor-in-chief in and over the provinces of New Jersey and New York, as well as for settling the claims to the commons, as the

"That by reason of the undivided state of the said commons, great and unnecessary waste is committed by destroying the timber growing thereon By which means, if the same be not prevented by a speedy par- tition of said commons, they will be rendered of little value, and the township of Bergen be reduced to great distress for want of timber and fuel. The petitioners therefore pray for relief in the premises."

The second section enacts that "Jacob Spieer, of Cape May ; Charles Clinton, of Ulster County; Wil- liam Donaldson and Azariah Dunham, of New Bruns- wiek; John Berrian, of Rocky Hill; Samuel Willis, of Long Island, and Abraham t'lark. Esq., of Eliza- ; bethtown, be and hereby are appointed Commission- ers for making partition of the common 'lands of the township, and are authorized and required to divide the same in the manner hereafter directed."

Lands, How Divided .- The commissioners were | required to give notice previous to any public parti- tion of said lands, in the New York Gazette and Mercury, of the time and place when and where they would meet to survey, run out, and ascertain as well the bounds and limits of the township as the bonnds and limits of each and every patent and grant within the township, with power to go, with all necessary attend- ants and implements, upon and across any lands or meadows to make their survey, which said survey of the township, and the several patents or grants con- tained within the bounds and limits thereof, when made, should include all persons whomsoever claim- ing under the said township of Bergen, or any patent or patents, grant or grants contained within the bounds or limits thereof.

After the foregoing survey was completed, they were to set apart so much of the common lands as would be sufficient to defray the charges of making a general partition of the common lands, and lay out and allot to such of the several patents or grants within the township as they should judge to be entitled to the same such proportion of said common lands as they shall judge right, "having regard to the right and allotment due to the Church and Free schools, as in said charter specified."

The act then refers to the claims of the inhabitants to a large part of the common lands, by virtue of a purchase from the Indians, of date of Jan. 30, 1658, and a patent or grant from Governor Stuyvesant in 1661, and that divers disputes and controversies have arisen and may arise.

Therefore, for settling and determining the same, it was enacted " that the said commissioners shall, und hereby are authorized and required in a summary

Hendrick Vanderoff.

They next bind themselves, their heirs, executors and administrators to produce to said surveyor their respective portions in which the same ought to be divided.'

943

ORGANIZATION OF HUDSON COUNTY

manner to hear and finally determine, according to their discretion, the'said claims of the said inhabitants being frecholders, which determination shall be final and conclude all persons whomsoever."

Field-Books and Maps to be Signed and Filed. Other provisions of this act need not be referred to here, excepting that these commissioners were to cause two several field-books and maps to be made, both of the general and each particular partition and division, and to whom allotted, the said field-books to be signed by the commissioners and their surveyor or surveyors; one of said maps and field-books to be filed in the secretary's office at Perth Amboy, the other to be filed in the office of the clerk of the county of Bergen, to remain and be kept as evidence, and are mad. conclusive evidence of such partition, which sand partitions and divisions, and each and every one of them, shall be and is declared good and valid in law to divide and separate said lands.

In due season the commissioners executed their commission. The field-books and maps were made in duplicate, and filed in the two offices respectively. The one remains in the office of the clerk of the present county of Bergen ; the other, by special act of the Legislature of New Jersey, has been transferred to the office of the clerk of the present county of Hudson, of which county this ancient township eon- stitute» almost the whole territory.

This was a noble art, craved by the good citizens of the township, that divisions and controversies might be ended, and harmonious action take the place of feuds and strifes. No one now pretends for title be- yond the field-books of these commissioners.

CHAPTER XH.

Organization of Hudson County-Building and Dedication of Court- HUM-Other County Buildings Population of the County.

THE act of the Legislature erecting the county of Hudson was passed Feb. 20, 1810.

At a joint meeting of the Legislature held Feb. 27, 1840, the following appointments for county off- cers were made : Clerk, Robert Gilchrist ; Surrogate, Edmund W. Kingsland ; Prosecutor of the Plans, Lewis D. Hardenberg; Judges, Stephen Garretson, Cornelius V. V. Kingsland.

Pioneer Court of Hudson County. The first term of the County Court held in and for Hudson County convened in Lyceum Hall, ou Grand Street, Jersey City, April 14, 1840, at which the lon. Chief Justice Joseph C. Hornblower presided. His associates on the bench were Cornelius Van Winkle, Henry Southmayd, Stephen Garretson and George t' De Kay.

The court officer- present were: Sheriff, George II.

Brinkerhoff; Constables, Archer G. Welsh, Abraham Van Winkle, Oliver HI. P. Kilburne and Thomas Masinus; Marshal, Nathan Ellis.

GRAND JURORS2- The grand jurors drawn for this,

the first term of the court in Hudson County, were

J hos laett.

John Ciriích.

barrett G Nrwkırk.

James Drake

John I Spmer.

James les w.

Inar 42. liderhill

Tulan . MI. Kan.

M hael Fisher Maneio l'a ka.

Ite-nj alasite MIIs.

John Briukerhoff

Julın Bunce.

Lorenz Jacquins

Jacob Vreeland

Cornelius Van V ist Jurnal U. Van Winkle.

Charles F Durant.

J. hn (r. Sjmer à

Realman Mt P'rice.

lu hard Outwater. "

John F Elin.

William seeley 3

PETIT JURORS.'-The petit jurors for the same court were

Morria Stuitlı.

Charle B. C. Hucul.

1.woh M Vreeland.

Jomph Isnie lann.

Heury Van Horn.

George W. Falge.

Johan Garretaını.

Justįih stone.

Nathaniel HI. Carpenter.

Abraham C Van Boekerk.

Calvin Tompkins.

Jacob Van Horn.

Leporgo De Mult.

John Gilbert.

Charles Giantms.

Jansen lartt.

Hemy Deberu.

Snath Beurliet.

Jamen W Higgins.

Peter Van Horn.

JaIrA Malone

Henry Brayton.

Joshua lleustis.

John P. II 11.

James Talinau.

Mindert Vreeland.

Garret Van Vorst.

Albert M. Labriskje.

Dudley s. Gregory.

1. Van Schuick.

Julin P Mlurgan.

Garret Arkerman.

Henry Van Embergh.

Williama C. Kingsland.

l'aul Sulter.

John G. Melanghlin.

Harrel Newkirk.

Walter Wearla.

Areut II. schuyler.

The courts were continued to be held in the Lyceum Hall until Sept. 19, 1&13, when the Board of Chosen Freeholder, having accepted the " Newkirk House," at the Five Corners, as a court- house, the courts were opened there on Sept. 20, 18.13. The courts were held there until March 14, 1845, when the court business was transferred to the new court-house.

Locating Sites and Building Court-House .- Like all enterprises of this kind, the people in the different localities throughout the new-made county, became interested in the welfare of the public at large, and their own locality in particular, and each locality was sure that theirs was the best place for th . location of the new court-house; consequently when nominations for location were in order, the following-named places were announced as candidates for the honor: Wash- ington Square, Jersey City, (and as an inducement or bid for votes, Jersey City offered to donate to the county, land valued at ten thousand dollars, and eight thousand dollars in cash) the public grounds in Har-

1 ('rier of the court from this time on until October term, 1870, diod Now 7, 1970. He was one code by h a nephew, J. Wesley Welsh. z Winhell's "flint. Hunt. Co.

* Did not appear.

+ Winfiell'y " Hist. Had. Co."

944

HISTORY OF HUDSON COUNTY, NEW JERSEY.

simus. Bergen Square, publie grounds in Hoboken, West Hoboken, East Newark, The Five Corners, near depot, Paterson Railroad (west end), Bergen Ridge, (on road from Conannipaw to West Hoboken) Com- munipaw, Secaucus, Bergen Point, New Durham, Weehawken, centre of county. Poudrette Company on Hackensack River.

The vote upon the question of locating the court- house was taken June 2, 1840, with the following result :

Vote in Bergen · For Bergen, 506 : rejected. 2, total, 50%.

Vote in Jersey City . For Bergen, 20 ; for Jersey City, 281, ; for Harri- Sun, 2 ; r jieteil, 2,-total vote in Jersey City, 305.

Vite in Harrison . For Bergen, 24 ; for Jersey City 2,-total, 16.

After the foregoing vote was taken, there was still some delay in fixing upon the exact spot in Bergen for the temple of justice, and it was not until Dee. 5, 1843, that the contract was let, and was finally given to Thomas Thomas, carpenter, and William Brown, mason, for fourteen thousand dollars, which was the lowest bid.

Laying the Corner-Stone. Ground wa broken for the new court-house May 1, 1844, and the corner- stone laid Out. 17, 1844, with the usual cer monies upon such occasions.

Preparatory to laying the stone, a procession was formed at Drayton's Hotel, at the Five Corners, 1 the following order :

Architect, Superintendent and Builder.

Mechanics and laborers employed on the building, about one hundred in number Band of musi from the l'. S. ship " North Carolina. " Committee of Arrangements. Board of Chosen Frreholders. Clergy Chief Justice of the State of New Jersey. Members of the Bar. Judges and Justices of the County. lerk and Surrogate. Sheriff and Constables. Mayor and Common Council of Jersey City. Trustees of the Freeholders, Inhubutants of the Township of Bergen. Stranger. Citizens on foot. Citizens on horseback and in carriages.

Upon arriving at the foundation walls, the meeting was called to order, when the Rev. B. C. Taylor, D.D., offered prayer, after which the corner-stone was laid by John Tonele, Jr., director of the Board of Chosen Freeholders.

In the stone was deposited the newspapers of the day published io New York, Jersey City, Newark, Trenton and other places, reports on education, school fund and finances of the State and county, several roins, a parchment roll containing a list of all the county officers, the Governors, State officers, the President of the United States, and other officers of the general government.

After laying the corner-stone, Chief Justice Horn- blower delivered an eloquent address, and the impos- ing ceremonies closed with the benediction by Rev. Mr. Ballard.

The following is a copy of a paper on file in the clerk's office, which shows the exact location of the conrt-house :

"Latitude and Longitude of Hudson County Court Houses, North Bergen, New Jersey,-

" Latitude

' Longitude

40 43' BOY N. 4h Głim 14000 3

14 48

- -

74 03 40 5

" West from Greenwich.

" Variation of Compass in 1841, 3º 52'.

" July 7, 1846.

.. W. C. WETMORE, +.t. S. Navy."

Dedication of the Court-House.1-On the comple- tion of the court-house the public authorities of the county, the chief justice of the State and the associ- ate judges participated in the dedicatory services. which occurred March 11, 1845, when the new temple of justice was formally opened for the transaction of legal business, and the first court hell therein.

On taking his seat, the chief justice directed the court to be opened, the usual proclamations to be made and that the grand jurors be called and take their seats.

The Rev. Dr. B. C. Taylor, of the Reformed Dutch Church at Bergen, who was present by invitation of the court, then offered prayer to the Throne of trrace peculiarly appropriate to the ocen-ion, after which the grand-jurors were duly qualified, when Chief Jus- tier Hornblower, in his usual happy and dignified manner, delivered an eloquent address, which was listened to with intense interest by the large number of people who crowded the spacious court-room.

" Gentlemen. members of the Board of thisen Freeholders, of the Grand Jury, and my Fellow-Citizens at large of the county of Hudom :

" Assembled as we are for the first time within this beautiful building, , which has been created by your patriotism and liberality, whose corner. stone was laid in prayer, and in prayer fervent, appropriate and eloquent has just bren dedicated to the administration of justice , I feel it my pleasure, my privilege to address you in words of congratulation, as well as in the language of official advice and judicial instruction. Since the frailty, not to say the depravity, of our nature renders it necessary to establish and maintain courts of justice to settle the rights of individuals, to punish the guilty and protect the innocent, it is desirable and becom- ing that the pubhe should provide convenient und aintable buildings in which to dix harge that lugh and responsible duty.

" You, my fellow-citizens, have met that demand with a noble arul generous spirit. In the erection of this edifice you have manifested your attachment to the institutions of your country, and your readiness to sus- tain the administrators of public justice in the execution and discharge uf their duty Accept, therefore, I pray you, in behalf of myself and of every member of the court, and of those who may en succeed me and my memoriates in the beats we now occupy, unfeigned thanks for the con- venient and elegant apartments you have provided for the accommoda- tion of courts and their officers. When you first conceived the plan of bing erveted into a separate county it met with my approbation and poured my support, from no sinister motive. I remember the old town of Bergen when it had a very few inhabitants, except old-fashioned, honest Dutchine's, and very few hours, except these not built for alaw, but for domestic comfort and convenience, long, low and unpretending in appenrance, hut durable in materials and opening upon the streets some two or three hospitable loorn, into which the friend and stranger

1 From Rev. B. 1'. Taylor's " Aunals of hamis and Township of Bergen."

945

PUBLIC' BUILDINGES.

might enter and had a welcome, and from which they might retire and leave a Heming behind them Hoboken then consisted of little also to- wide a well-kopt publhe henise niut a beautiful rotreat from the noche und and Inatle of the neighboring metropolis No J ray City then ad rued yomr shores , nothing but a lurge, long ferry hon , occupe i sure ively by an Ft worth, a Smith and a Hunt, w i here att there a boatman's or a haberman's calun, stood upon the heap of sand call I Paulus Hoeck , your settletuentr were spain, your orenpatins agri ultural and pridns- trial and your population small but healthy, peaceful and honest you uceded, for many years within my recollection but ene physician to ad- minister to your physion no panties, but one min of oto aujgdy your spiritual want, and not vou one lawyer to noti fy yonu Htigiu propen- sitive, for you had nome to be satisfied. Po we reigned the rugbout your borders, implinity of life and manners and honesty of purpose were the prevailing characteristics of the good old Pitch, whois alment . xclusively tengoled the mail of your county in the love of my I shall. A court ut Hackensack sol n fow Dutch justices at home were all you wanted to punish the few . fondere and settle the few lawsuits that trended y a i theer days, but, alu we fear that thon girl old days have gour by, never to return. The rapidly increasing population of our country, the vast improvements h vetenice and the arts at the enter- prising spirit of the age in which we live have wrought a mighty change within the period even of my Incluory. The facilities of steamiments and railroads, and the increasing spirit of trade and commerce and man- ufactures and the arta, have brought the good old town of Bergen ntu contact with the world, cut up her territory into small le alities, studded he's shorn with splendid buildings, turned her farms into country- seats, her cabbage-ground int, pleasure gardens, aud Ler dwelling-plures into workshop and manufac orien Such, in Fact, has been the change in appearance and population of that part of the old ounty if Bergen which now constitutes the county of Hudson, that I can scarcely retra" the footatope of my boy hood, when in my suite to freuds here or in the city of New York, I word to traverve these hilfs. When, therefore, you first contemplated the formation of a new . moty I favored the uberet because I was satisfied that if not then ale dutels neces ary, the time was rapidly approaching when the increased number of inhabitants, the di- versifted character of your pop nation, the rapidly extending trude and commerce with the city of New York and other places, the consequent increase of bargains and contracts, of hisgation and of crime, would ell for a stronger pedir, for increased vi ilame on the part of the magia- tratos and peace-officers, and for a cent of justice nearer youros pours. I rejoiced, therefore, in the commonunation of your wishes, and w. the in . gratified from the reflection that your courts would be held within my judicial district, and they give me an opportunity of meeting more fre- quently than I otherwise should with my " pected friends and tellus- citizens of the county of Hilson. I have eng since marked it down in the chronicle of those ove its, the memory of which I cherish, and which I desire to be transmitted to and remembered by my children, that I had the honor of presiding at the fist court ever held in Hudson County. To that I have since beon permitted to add the interestin furt that I wns privileged to act a conspi Mons part in the solemn and mmfwing cere- mony of laying the fontlation-stone of this edifice, and now shall have the pleasure of adding to this lustory the gratifying circumstance that I have been spared boy a kind Providence to president the first e urt all address the first Gratul Jury that ever usembled w Thin these walls. For this privilege I feel thankful, and I invite you all to unite with me in Indering thanksgiving and prade to llis who is jud . over all, and in where hands our lives are, that through His kind and protecting care this edithe has been reared fruto its foundation to its superstructure without any fatal accident or the slightest injury to any of the worthy and industrious mechanics and laborers who have been employed in its erection.

"May the same all-wire and merciful Providence ever preside over the conneils and dloliberations of judges nul jurors within these walls, any the ermine of justice, by whomever it may be worn, after we shall have gone to our final account, over be kept pure and un otted here, and this muctuary of justice novor be desecrated by bribery of corruption, never be un arena for the Indulgence of prejudice, partiality or unhallowed pas- sions of any mort, but may the unadulterated stream of puldi - nud privas juntico ever flow from this mered hall, and from the pure Gentilnin ofeter- nal truth and righteousness.

"And now, gentlemen of the Grand Jury, permit me very briefly to call your attention to your immediate and appropriate dintion. Jest have mas often been called upon to act in the responsile . questions you now oc apy, the reiterated advice you have received from the court, and your own good sense, I am sure, render it unnecessary tooccupy your time with any extended remarks open the proper functions of your other, the duties

you owe the pull the manner in which theme dition ah uld to par- formed, and the great tuaje rtat e to the publie porae . atel ja vate om unty in the protection of life and property that attaches itself & the f thtul w tion of the firand J ry alev iy ror rug uit t. You will-uter upen the task na gual you, I doubt net, under the inttheip - f that . denn pledge you have just taken, the meand of which is already made in high upon tablets more darab fun marble, never to le ctliterati , unless your wwwonled wow hall be ful y aud fuld y r- Imed in the manner H which yen hall parfois ya prosent luty let your inquiries be all- durted with hranness and a determinate i to Ane et and bring to front und janishment the perpetrators if (riue, but .: 1) maty time let moderation and sound discretion provide in y ur deliterati n, and ureInl net ( expune tr the ortlum of an Esdietrient fer any seriou ur highly crnuina! « fenme one who is t guilty In general, the evi- dence of the part of the State, to jestify an indictment, ob all of the a claruote ity would satisfy your minde, if you wi a travere. jury, f the guilt of the a cured if that i love the old not be at factorily ex- otained or contradicted on the trial. twee semetan happen, however, and they are generally such as are among the logher love of crisis. when Grand Furore can find out but lite . oviden of the guilty od its perpetrators in detail, but y teneugh to sat fy them that rita ha- been . ut mitted, and that there is evid nico enough withes the fitur rench of just e tu fx it strongly of the m used Such case iny be consi lered at exception to the general rule I have laid down

After some further remarks relating to the offire and duty of firand Jurors, the Chief Justice concluded by expressing an earnest prayer that it might be long before the oreurrence of high and alarming crimes within the confity would la come the subject of inves- tigation in the chaste and beautiful building which the court now occupies for the first time ; but while it proved to be a sanctuary and protection to the inno- cont, it might be a terror to evil-duers.

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History of Essex and Hudson counties, New Jersey, Vol. II, Part 67

Author: Shaw, William H Publication date: 1884 Publisher: [United States :] Number of Pages: 830

Author: Shaw, William H
Publication date: 1884
Publisher: [United States :]
Number of Pages: 830