USA > New Jersey > Somerset County > History of Hunterdon and Somerset counties, New Jersey : with illustrations and biographical sketches of its prominent men and pioneers > Part 139
USA > New Jersey > Hunterdon County > History of Hunterdon and Somerset counties, New Jersey : with illustrations and biographical sketches of its prominent men and pioneers > Part 139
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A list of the surrogates will be found in the Civil List of the county, given elsewhere. Among the wills recorded in this office is that of Robert Morris, the eminent financier of the Revolution. It bears date April 21, 1778, is signed by John De Lancey, Robert Campbell, and John W. Watkins as witnesses, and was admitted to probate Jan. 8, 1815.
At the June term of the Orphans' Court, 1833, the executors of Robert Boggs, an executor of Robert Morris, appeared and reported a " balance due ac- countant, $12,015.49," and James Boggs, surviving executor of Robert Morris, rendered his account of " Balance in favour of estate, $6243.04."
At the April term of the Orphans' Court in 1841 there was presented by the executors of James Boggs, an executor of Robert Morris, a statement of receipts and disbursements of all property that came into his possession :
Balance on band.
$133,217 53 6,243.04 $139,460.57
The executors of Robert Boggs presented a state- ment of receipts and disbursements of all property re- ceived by Robert Boggs, executor of Robert Morris :
Balance due accountant .......
$206,283.42 12,015.49
$218,298.91
$139,460.57
218,298.91
Total of Morris' estate ....... ..... $357,759.48
From 1804 to 1810 the office of the surrogate was in the house of Joseph Doty, surrogate, still standing southwest from the depot. Afterwards it was held in the present county clerk's office until the present sur- rogate's office was erected, east of the court-house.
The judges of the Orphans' Court are the judges of the Court of Common Pleas.
COUNTY BUILDINGS.
From 1694 to 1714 the county of Somerset was within the jurisdiction of Middlesex County. The first action towards the establishment of a separate court and the erection of a court-house was taken Feb. 28, 1714, when an act was passed by the General Assembly of New Jersey* which provided that the justices and freeholders of the county "shall agree upon a sum of money that shall be needful for re- pairing such gaols and court-houses as are already built, and for building such as are wanting." The counties in the State where court-houses had been erected were mentioned in the act. A site for Somer- set County was not located, but was provided for as follows :
"For the county of Somerset at the most convenient place in the conoty which shall be agreed upon by a major part of the freeholders that inhahit there."
The site selected for the court-house and jail was at Six-Mile Run, in what is now the township of Franklin, " about three hundred yards east of where the present church is located and opposite the present residence of Peter Stothoff."+
The location of the first court-house of Somerset may be understood by an examination of the deed ot Elbert Stothoff and Antje his wife to Isaac Van Zandt, dated Feb. 20, 1730, in which instrument occur these words :
" Beginning at the easterly corner of the Somerset County court-house, standing in the road that leads from Inian'e Ferry to Rocky Hill ; bounded southeast upon the eaid road, easterly npoo Mre. Fleets', northerly npon said Stothoff, and southerly upon said county court-bonse, containing one-half of an acre of land."
June 8, 1758, in a survey relating to a quit-claim from John to Wilhelmus Stothoff, a small lot was passed by them in the survey, described as "com- monly called the court-house lot."} In the earliest deeds this lot was called "The Point," it being the most southerly point of the Harrison tract of ten thou- sand acres .¿
The amount of money appropriated for the court- house is not known, nor the precise time of its erec- tion.
Courts were held in the county as early as 1717, for in that year "the grand jury of Somerset came into court, reported nothing offered, and were discharged."|| The court records from that time till 1738 were un- doubtedly burned with the court-house and jail in the fall of 1737 or the spring of 1738. On the 15th of March, 1738,[ an act was passed " for building a court- house and gaol in the county of Somerset," the first section of which is as follows :
* Acts of General Assembly of New Jersey, 1703-76, p. 32, Nevill. + R. Voorhees' first paper in "Our Home." In the seventh paper, p. 292, he says, " A part of the foundation of the old court-house is still to be eeon at old Six-Mile Run, opposite the house of Capt. Beardsley."
# The court-house was at Millstone prior to that time, however.
¿ " Raritan and its Early Settlers," p. 292, " Our Ilome."
|| Voorhees first paper, " Our Home," p. 5.
" Acte of General Assembly of New Jersey, 1703-76, p. 247, Nevill.
SOMERSET COUNTY COURT HOUSE
569
COURTS AND COUNTY BUILDINGS.
"WHEREAS, The court-house and ghol belonging to the county of Somerset were by accident lately burnt down, and no law in this prov- Inco having provided for building thereof, and it being highly necessary it should be built ; therefore
" Be it enacted by the Governor, Council, and Assembly of the said province, and it is hereby enacted by the authority of the same, That it shall and any be lawful for any three justices of the peace of the said county, whereof one is to be of the quorum, and they are hereby enjoined, commanded, and required, in conjunction with tho freeholders chosen for the said county, by virtue of an act for raleing of money for building and re- pairing of gnols and court-houses, to meet together as soon as convenient after the publication of this act, at any place the sald justices and free- holders shall think proper in the said county, and then and there draw advertisements, to be fixed up in the most publick place in each precinct of the said conaty ; thereby giving notice to all persons who, by law, are qualified to give their votes for the choice of representatives in the said county, to assemble themselves together at any pinco where the free- holders chosen as aforesaid shall think most convenient within the said county, some day by the snid justices and n majority of the said free- holders appointed, not exceeding forty dnye nor less than twenty, from the time of fixing up such advertisements; then and there by plurality of votes to elect the place whereon such court-houso and gaol shall be built."
It was provided by the act that on the day appointed the justices should receive votes from all qualified voters ; that the chosen freeholders should be judges of the election, and have power to adjourn it from day to day, not exceeding three days, "until all votes are taken that attend." The justices and freeholders were empowered to "number the persons voting; and for what place soever a majority of votes shall happen for building the court-house and gaol, in that place and not elsewhere shall the same be built." The free- holders were authorized and empowered to order the assessment and collection of a tax amounting to such sum as they might think sufficient for the erection of the court-house and jail, and to appoint a suitable person as manager to superintend and have charge of their construction.
The records of the board of justices and freeholders, covering a period of thirty-four years from this time, have been lost or destroyed, and therefore no official account is found of the holding of the election authorized by the above-mentioned act, or of the se- Jection of the site of the court-house and jail; but records are found, dated in 1772 at the court-house at Millstone, thus showing that the county buildings had been located and built at that place.
The following notes, taken from the second minute- book of the board of justices and freeholders, will be interesting to the citizens of the county, as a century hns passed since they were written, viz. :
" Millstono, 1771 .- Voted that John Brokaw, Esqr., have 30s. proc." for being clerk the year past."
May 13, 1772, there were present as justices Peter Schenck, Abram Van Nest, Peter Perrine, Jacob Van Ostrand, John Brokaw ; and as freeholder John Bap- tist [Dumont? ].
" A petition camo in by John Denton. The contents was, that he went and brought the commission from Burlington tu hold a Circuit Court at Millstone. Voted that ho should have 25s., and receive an onler an tho county collector for the same."
May 12, 1773, the court-house had been repaired by Cornelius Lott, for which he received "twenty-fonr shillings, light money."
John Smock brought in an account for numbering the inhabitants of Hillsborough. He was allowed thirty shillings for the same. Charles Roberts and Peter De Hart were allowed fifteen shillings for num- bering the inhabitants of the eastern precinct of the same.
May 11, 1774, Hendrick Fisher received twelve shillings from the county collector for bringing the papers and minutes of the Houses of Assembly from Burlington.
Charles Roberts received eight shillings, proclama- tion money, for his trouble in apprehending some negroes that were supposed to be guilty of poisoning some other negroes. John Bennett received fifty shillings, proc., for apprehending and confining some negroes in jail, and for some hinges and thumb- latches for the court-house. William Sickles was allowed the sum of eighteen shillings six pence, proc., for services done in 1768, as appears by the old books. Cornelius Lott was allowed sixteen shillings ten pence, light money, for glazing and fitting one win- dow in the court-house. Jacob Vanderbilt was al- lowed four pounds four shillings for services as con- stable. John Van Nostrand was allowed five pounds six shillings three pence, light money, for boarding prisoners, mending the jail, finding material, and boarding the hands. Josiah Arrowsmith was allowed five pounds, proe., for twice warning the justices and freeholders to meet at Somerset court-house.
May 10, 1775, Christopher Hoagland was allowed forty-five shillings for numbering the people of the "western precinet." Abraham Staats was allowed forty-five shillings for numbering the people of the "eastern precinct." (These precincts refer respect- ively to Hillsborough and Franklin.) Ezekiel Ellison received two pounds nineteen shillings three pence for work done on the court-house. John Bennett re- ceived seventeen shillings six pence for spikes and hinges for the court-house. William Sickles received ten shillings for whipping a man. John Gaston re- ceived twenty shillings for services as clerk in full up to date.
December, 1777, the Board directed the jail to be repaired, the locks and doors to be made sufficient ; that the fireplaces, the chimneys, and all the windows be repaired, and that Ernestus Van Harlingen and John Van Nostrand be the managers. The same men were directed to procure one shackle and two handeutl's for securing prisoners.
June, 1778, John Van Doren repaired the court- house at a cost of one hundred and sixty-eight pounds. Ile was paid in January, 1779.
Dec. 2, 1779, two hundred and twenty pounds was ordered to be paid to Peter Dumont, Inte sheriff of the county, for executing the sentence of death on a negro convicted of murder, and for sundry expenses
* Proclamation money,-7s. d. to the dollar.
37
570
SOMERSET COUNTY, NEW JERSEY.
attending the same ; also for conveying prisoners from Yorktown to Somerset. The sum of four pounds thirteen shillings nine pence was ordered to be paid to Cornelius Lott for work done on the court-house. The sum of four pounds thirteen shillings nine pence was ordered to be paid to James Whalford (?) for ex- penses in boarding the negro Cuff and James Ewing, two prisoners in custody.
In 1777 (as is shown by the record), Cornelius Lott was employed to repair the jail, and May 13, 1778, Jacques Voorhees, collector, was ordered " to purchase three thousand feet of boards to repair the court-house, and to cause them to be delivered at said house." On the 25th of June in the same year he was ordered "to purchase fifteen hundred feet of three-quarter- inch and two thousand feet of inch pine boards, and also some inch-and-a-half oak plank, for the purpose of repairing the court-house and gaol of said county."* Also it was "agreed that John Van Dorn act as man- ager to see the court-house and gaol repaired, and also to furnish such further necessaries as he shall stand in need of to complete the same." It is prob- able that these repairs were not made, as there is no account of a settlement with Mr. Van Dorn.
The court-house was destroyed at the time of Sim- coe's raid, in October, 1779. At the first annual meeting after its destruction, held May 10, 1780, at Hillsborough, the following action was taken :
"Agreed that the sum of £125 58. be paid unto Cornelius Lott for Hiring and paying Men to collect the Iron and Bricks belonging to the County fonnd after the Court-honse was bnrned by the enemy. Also £14 88. 9d. for sundry smith work done to repair the Court-house."
Dec. 24, 1779, the General Assembly passed the following act:
" WHEREAS, the court-house and gaol of the connty of Somerset was lately burned by the enemy ; and WHEREAS the justices and chosen free- holders in and for the said connty, by their memorial presented to the Legislature, have set forth that they are destitute of a convenient and safe place to confine any offender or offenders against the laws of this State; praying that a law may be passed to anthorize the justices of the peace to commit snch offendere to Gaol in any of the neighboring counties."
The Legislature accordingly passed " An act per- mitting the authorities of Somerset to use the gaols of Middlesex, Hunterdon, or Morris," at the expense of Somerset.
June 5, 1780, an act passed the General Assembly of the State "to locate a court-house in Somerset County," which provided
"That in future it shall and may be lawful for the Judges of the In- ferior Court of Common Pleas and the Judge of the Conrt of Quarter Sessions of the Peace for said connty, and they are empowered, to open and hold the said courts in some convenient house or building near the place where the Court-house formerly stood."
The inhabitants of the county sent a memorial to the Legislature stating that the board of trustees and freeholders could not agree upon a place whereon to rebuild the county court-house and jail. They there- fore requested a special act authorizing a vote of the inhabitants of the county to decide the location. The sheriff was accordingly directed to give notice of an election for said purpose. The election was to be viva voce. The act directed the raising of the neces- sary money. The judges and justices were authorized to hold court in any convenient house or building
* These extensive repairs, etc., may explain the heavy expenditures of this early period, as set forth in the following document, copied from the recorde:
Jacques Voorhees Co. Collector in acct. Current with the County of Somerset, from July, 1780, till July, 1784, Inclusive.
Dr.
Cr.
CASH RECEIVED BY MR. VOORHEES FOR WHICH HE STANDS DR.
CASH PAID FORWARD BY MR. VOORHEES TO THE TREASURER AND OTHERS, FOR WHICH HE IS TO BE CREDITED.
Specie.
State Money.
Continental.
Specie.
State Money.
Continental.
Of what Township or Precinct received.
£
8.
d.
£
8.
d.
£
8.
d.
£
8.
d.
£
d.
£
S.
Western Precinct.
4,517
6
0
4,211
16
6
106,973
Eastern Precinct.
4,616
11
5
3,998
18
1
112,905
10
Hilleborongh
4,958
4,472
8
3 137,412
15
7
22,363
17
22,333
17
4
660,679
9
4
Bernard
2,081
7
2,623
5
...
85,805 77,680
10
10
Bedminster
1,736
10
6
2,624
...
...
3
10
Amt of Debt & Credit
22,497
16
10
22,981
8
2
663,609
6
7
22,363
17
1/4
22,333
17
4
660,679
9
4
N.B .- In Mr. Voorhees' Book, page 24, he charges himself Dehtor for £9702 68. Continental Money, which he says he has paid John Stevens, Late Treasurer, hnt has no Voncher for the same.
Specie Recd.
Specie pd Treas. &c.
22,363
17
1/4
Ball
133
19 10
£
8. d.
State Money recd ..
22,981
8
2
State Money pd Treas. &c ....
22,333
17
4
Ball.
G47
10
10
£
8.
d.
Continental Money Recd ....
663,609
6
7
Continental Money pd Treas. &c ...
660,679
9
4
Ball
2,929
17 3
..
4
6,051
1
6 142,931
6
6
Bridgewater ..
4,688
12520
£ 22,497
8.
d.
16
101
18 12
571
COURTS AND COUNTY BUILDINGS.
meanwhile, and the acts of all courts hell elsewhere since the burning of the court-house were legalized.
Courts were held* at Hillsborough till 1784, the last term commencing January 6th of that year. The April term was held at Bridgewater. April 10, 1781, "the sheriff of the county laid before the board of freeholders the great necessity of a gaol in said county, and tho difficulties he labored under for want of a place to confine prisoners committed to his charge, and requested that the board erect a gaol in said county." A motion was made to raise money and erect a jail at or near Tunison's tavern, the place provided by a vote of the county agreeably to law, but, the vote of the freeholders being taken, it was decided in the negative. November 22d of the same year the high sheriff appeared and made his protest, and desired that the same be entered in the journals of the board in the words following :
"WHENEAS, the court-house and gnol of the county of Somorset was burnod by the enemy some time ago, eloco that time the said county has boon destitute of both gaol und court-house, the subscriber sheriff of said county protests ngainat the said county for want of a Gaol.
" PETER D. Vnoom, " Sheriff."
This protest on the part of the sheriff had its effect, and on the 4th of January following the board met "at the house of Cornelius Tunison, innkeeper at Raritan" (now Somerville), and took aetiont as follows :
"The Board, taking into consideration the necessity of a gnol lo con- fine prisoners committed to the charge of the sheriff of anid county,
" Agreed that a now gaol be built at the expeoso of said county at the place last appointed by n general voto of luhabitants of said county, nt Raritan, near Tunison's tavern, and that the enm of two hundred and fifty pounds be raised by tox on the Inhabitants of said county, io two equal payincuis, and that at the time the two first Stato taxes be raised and collected, nud that the county collector pay the money to the man- agers of the sald gaol appointed to build the same.
" Agreed that Derrick Mildingh and Richard McDonald be tho man- agers for building the said gaol, and that they bo empowered to procure tho conveyance of two lots of land In behalf of the said board for the gno) and court-house.
" Agreed that the gnol be built with squured timber, twenty-five foot long, eighteen foot wide and eight foot high from floor to floor, to contain threo rooms, and the roof be covered with cedar, and under the floor beds of large stone be laid.
" Agreed that the sum of ten pounds be paid to Cornelius Tunison for twenty perches of ground whoreon to set the gnul, and the sald Tunison gives gratis tho quantity of forty feet of Innd whereon to build the court- houeo."
The land was purchased, as agreed upon, and the buildings were erected upon it.
In May of the same year (1782) it was agreed by the board of justices and freeholders " that there shall be a room framed upon the top of the square logs of the new gaol at Tunison's for a gaoler's room." The board ordered at this meeting " that the whole of the nails, hinges, and all the iron that did belong to the old court-house, agreeably to inventory in the hands or care of Mr. Lott, be delivered to Col. Middagh or
McDonald, the managers of the new gaol." This building was completed in September, 1782, and the board ordered it painted with oil and Spanish brown.
On the 6th of September of that year a proposition from the Consistory of Raritan was laid before the board of freeholders, with the view of uniting with the freeholders in the erection of a court-house, to be used by the congregation of Raritan for public worship. A vote was taken, which was in the affirm- ative. Peter Wyckoff, Maj. Richard MeDonald, and John Simonson were chosen to meet with a committee of the Consistory of the congregation of Raritan on Friday, September 13th, to complete arrangements. On the 14th of October in the same year the question was brought before the justices and frecholders whether money should be raised for building a court- house in conjunction with the congregation of Raritan, when the vote was passed in the affirmative and it was voted to raise the sum of one hundred and twenty- five pounds.
May 14, 1783, Maj. Richard MeDonald presented his account for building the jail at Tunison's tavern, amounting to the sum of five hundred and fifty-nine pounds nineteen shillings and two pence. Capt. Van Arsdalen and Col. Frelinghuysen reported " that they had expended the sum of £150 on the new court-house at Tunison's, and saith they can go on and finish said house without more money being raised. There was an order gave them for £150, and the board agrees to raise the sum of £75 more in order to carry on said court-house."# The board thereupon "ordered the court-house painted, but did not prescribe the color ; also ordered the gaol to be partitioned across the large room overhead, and a chimney to be built in the east end of said gaol." That the jail was not satisfactory nor sufficiently capacious for the necessi- ties of the county appears from the following protest, made by the sheriff:
"To the Honorablo the Judges and Justices of the Inferior Court of Common Pleas and Quarter Sessions for the County of Somerset, and the Bonrd of Choson Freeholdors in sd County, and all others whom it may concern : Bo it remembered that on the fourteenth dny of May, in the year of our Lord 17:3, Poter D. Vroom, Esgr,, High Sheriff of the County of Somerset, in the State of New Jersey, did give the said Judges nod Justices and Board of chosen frecholders to understand nod be informed that the Gaol of the said County of Somerset is not a sufficient gaol wherein to commit and confino the prisoners which shall or may by Law be liable to be committed and confined by the snid Sheriff. He doth therefore solemnly protest as well against the Insufficiency of sald Gaol as ngalust nil Judges, Justices, and chosen Frocholders, and all and every other Person and persons whatsoever whoso business it is or miny be to koop and provide a good and sufficient Gaol for the said County, for all Damnges, Expenses, Costa, and Chargen wbich the saldl Sheriff shall euffer, or which may In any wise happen or necrue to the said Sheriff or to his Bucurities, or either of them, or to his or either of their heirs, executors, or Administratora, for or by reason of tho Insufficiency of sald Gaol, or by ronson of the neglect or omission of those whose business it is or may be to provide a girl and sufficient gnol in and for sahil county. And tho said Sheriff requests that this Instrument of protest may be entered on record In the minutes of the Court of said County, in order that as well he the
* Vide Court Record of Quarter Seaslona, In county clerk's office In Somorvillo.
t Records of Justices and Frecholders.
# It Is understood that the court-martin bulbling, on Mount Pleasant, was used for holling court, and afterwards moved down to what is Dow Somerville, enlarged, and refitted for the court-house.
572
SOMERSET COUNTY, NEW JERSEY.
eaid Sheriff in his eursties may avail himself or themselves of the benefit thereof when and as often as occasion shall require.
" Dated at Hillsborough, the Day aod year first above mentioned.
" A true copy. RODEAT GASTON, " Clerk of the Board."
A similar protest was entered by J. Hardenburgh, sheriff, May 9, 1787, and again in May, 1792, and by Robert Blair in 1797.
June 4, 1785 :
"Maj. R. McDonald informed the Board that he had in his possession a deed for the lot of land whereon the court-house stands, and also one other lot whereon the gaol stands, and requests to ha ioformed if the said deeds are to be recorded. The board ordered that they he recorded with- out delay."
These deeds, dated May 30, 1782, are from Cornelius Tunison and Jenetje, his wife, to Derrick Middagh, of Bridgewater, and Richard MeDonald, of Bedminster, in trust. The court-house lot contained twenty square perehes. The court-house was ereeted on the spot now occupied by Dr. Wilson's house, first east of the present court-house grounds. The jail lot was on the north side of Main Street, opposite the intersection of Hamilton with Main. The jail is still standing, its square timbers having been covered with elapboards. The following advertisement, which appeared in the Guardian, will explain what beeame of these two old buildings :
" By virtue of a refolution of the Board of Chofen Freeholderf of the conaty of Somerfet, at a meeting held 9th May, 1799:
WILL he fold at public veadus, on Wedasfday, the 19th day of June next, at the houfe Joha Meldrum, at Somerfet Houfe; two houfee, lately occupied af a court houfe and gaol for the faid county of Somarfst-Alfo, the lots of land on which they are fituate."
The sale was made on the day appointed. Hendriek Van Arsdalen and Garret Tunison purchased the jail and lot for two hundred and thirty-six dollars and sixty eents; Isaae Davis and John Whitenack the court- house and lot for two hundred and forty dollars. The former was taken down, most of the timbers being used in the erection of a store-house which was occupied many years by Daniel Latourette, afterwards by Wil- liam J. Hedges.
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