History of Hunterdon and Somerset counties, New Jersey : with illustrations and biographical sketches of its prominent men and pioneers, Part 143

Author: Snell, James P; Ellis, Franklin, 1828-1885
Publication date: 1881
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1170

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 143
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 143

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· Judge Bradley prepared a memorial and road it before the New Jersey Historical Society, May 18, 1863 (published in pamphlot forai, pp. 50), which embraces more of detail than any other.

had ofther been born in or had been residents of Mr. Dayton's native county.

" The Governor's description of theso great mon delighted us all, and at the conclusion of his speech, and as the dinner party broko up, wo all concluded that Somorset had furnished abont all the great men of tho State, and that to linve been born out of Somerset County did not ontitlo one to rauk among our great men. But then Governor Vroom throw a charm around theso men, and characterized them so high and lofty that hut few could hope to reach tho eminenco he pictured them as hnvlug attained. I well remember his sketches of Mr. Berrien and Mr. Black- ford.

"This dinner was given immediately after Fort Sumter had been fired upon, sud it was upon this occasion that Judge Dayton dropped theso memurablo words, which fell like sparks into a powder-magazino :

"'Gentlemen, I feel that this is not the place for American patriots around this festivo board to-day. I feel ashamed to be at this hour en- gaged in social festivities. I feel that we should all be rallying around the flag'of our country, and that we should bring our festivities to as speedy o close as possible.'"

ANDREW KIRKPATRICK, lawyer and jurist, and chief justice of New Jersey from 1803 to 1824, was a native of Somerset, and born at Mine Brook, Feb. 17, 1756, of Scotch ancestry. He was the third son of David Kirkpatrick and Mary McEwen. He was graduated at Princeton College in 1775, and com- menced the study of divinity at Basking Ridge with the Rev. Mr. Kennedy, a distinguished theologian ; but shortly after, much to his father's chagrin, it is said, abandoned the idea of entering the ministry and determined to take up the study of the law. He left home to prepare the way and carn the means which should enable him to realize his aspirations. Ile was a tutor in the family of a Virginia planter,-Col. Taliaferro (the same in which Samuel L. Southard subsequently taught),-and later at Kingston, N. Y., and in the Rutgers College grammar school, mean- while pursuing his legal studies. He afterwards entered the law-office of William Paterson, and was admitted to the bar as an attorney in September, 1785, Frederick Frelinghuysen having been licensed only a few months prior. He located at Morristown, and later at New Brunswick, where he died Jan. 7, 1831.+ He became an eminent lawyer, was a mem- ber of Assembly from Middlesex, an associate justice of the Supreme Court in 1797, and in 1803 was elected chief justice. He was also a member of the Legis- lative Council in 1820. He was twenty-seven years on the bench of the Supreme Court, and for twenty- one years was chief justice; "was noted for his decp knowledge of the old English common law, espe- cially in matters appertaining to real estate, and his opinions are regarded as models of deep learning, sound reasoning, and polished language." In 1792 he married Jane, the beautiful daughter of Col. John Bayard, of New Brunswick. Judge Elmer says,-

" lio wns n very handsome man, with n white head of hair, still wear- ing n ene, but not requiring the powder with which, in accordance with the fashion, ho had beon necustomed to whiton it at an earlier day. Ho had a vory fair complexion and a remarkably fino voice ; was a learned, and in the law of real estate a profoundly learned, Inwyer; a completo master of the aletruso learning of Coke and the black-lotter reporters, but not woll vormed in modern innovations, which ho regarded as blet-

+ At the time of his decease Mary A. (Mra. Hor. Dr. S. B. Howe, of Now Brunswick, N. J.) was his only surviving child.

584

SOMERSET COUNTY, NEW JERSEY.

ishes. His opinions, as published in Pennington and Halsted's Reports, upon questions relating to the law of real estate, deserve the most care- ful study of every lawyer aspiring to understand this most difficult branch of the law."

Many of his judicial opinions, such as the decision in Arnold vs. Mundy, are among the most important ever made in the State.

WILLIAM GRIFFITH was a native of Somerset County, being born at Bound Brook in 1766, but his practice was for the most part in Burlington, where he married and enjoyed a deservedly high reputation as an advocate. He was admitted as attorney in 1788,* as counselor in 1791, and as sergeant in 1797.+ He studied in the office of Hon. Elisha Boudinot, at Newark, where, associated with Gabriel H. Ford, Alexander McWhorter, Richard Stockton, and a few other law-students, he participated in the mimic court which they jointly founded, and which in a great measure served to prepare them and others for the active duties of their profession. For a time he enjoyed the honors of a Circuit Court judge, but Con- gress, in December, 1801, repealed the act establish- ing the courts passed the previous spring. He after- wards resumed his legal practice; was subsequently engaged in the manufacture of cotton and woolen goods, but was unsuccessful. At a later date he was a member of the Legislature, and in 1826 was ap- pointed clerk of the United States Supreme Court. He was the author of several legal works (for mention of which see chapter on "Somerset County Authors"). He died June 7, 1826. He was one of the few lawyers of the State who wrote and published for the benefit of the profession.

THOMAS A. HARTWELL, of Somerville, was born not far from 1794, and in his early years taught school in Somerville. In 1820 he married a daughter of Dr. Samuel Swan ; she was born in 1800, and was a grand- daughter of Mr. De Groat, of Bonnd Brook, one of whose daughters became the wife of another Somer- ville attorney, -- George McDonald. Mr. Hartwell chose the legal profession, and after the usual pre- paratory studies was admitted to practice as an at- torney in 1816, and as a counselor in February, 1820. From about 1825 to 1845 he was a leading lawyer of Somerville, and after the removal of McDonald from the village, about 1830, he did a large business. He was an indefatigable worker, and was more distin- guished for his industry and tact than for his legal knowledge or acumen. He died possessed of con- siderable wealth.

WILLIAM THOMSON, a member of the Somerville bar, was born near Fredericton, N. B., in 1798. He came to New Jersey when a lad of twelve, and to Somerville in 1823. IIe studied law in the office of

the late Hon. Peter D. Vroom, and was admitted to the bar in 1824. He resided in a house on the site of the store now occupied by James Gaston, stationer, on Main Street, and died in March, 1856. He was a genial, kind-hearted man, possessed strong common sense, was a fair talker, and quite successful as a jury lawyer. He married a sister of William H. Leupp; she survives him, and is a resident of Somerville.

JOHN M. MANN was the son of William Mann, who for many years kept the hotel now known as Fritts'. He studied law with the late Peter D. Vroom, and was licensed as an attorney at the May term, 1824. He became a counselor-at-law in May, 1827, and after his admission to the bar commenced the practice of the law in Somerville, following his profession there until his death. He was clerk of the county from 1831 to 1840, and also served as prosecutor of the pleas for Somerset. He was a man of conser- vative notions, quite a politician (of the Democratic following), very jocose, and fond of telling stories. He had a large office-practice, possessed a decided business talent, and officiated as executor for many estates. He was married in 1829 to Miss Eliza, daughter of Alexander Bonnell, of Hunterdon County, and sister of Mrs. Judge Alexander Wurts, of Flem- ington. He died Sept. 23, 1864 (his wife and son John having died previously), leaving one daughter and a number of sons, one of whom, Joseph B., is quite a distinguished lawyer in Indiana. Like his legal competitor, Hartwell, he accumulated consider- able property and died quite wealthy.

JACOB BERGEN, the first judge of the Court of Common Pleas for Somerset County, was for a long term of years a magistrate. He was an early and a decided patriot during the Revolutionary struggle. He resided at Princeton, then Somerset County, and one of his appointments was given him in "joint meeting," held in the college-buildings, Sept. 13, 1776. He died Jan. 7, 1781, at an advanced age.

JACOB R. HARDENBERGH, who seems to have been quite prominent in the legal affairs of this section during his day and generation, was the son of Jacob Hardenbergh, of New Brunswick, where, no doubt, Jacob R. was born. He was admitted to the bar as an attorney in February, 1805, but does not appear to have advanced to the grade of a counselor. He re- sided in New Brunswick (then in Somerset County) and practiced in the Somerset County courts from 1805 until 1830, or later. Ralph Voorhees, deceased, has placed on record the following reminiscence of Mr. Hardenbergh :

" Jacob R. Hardenbergh was known as a clear-headed lawyer in his dny. A widow, Maria Ditmars, made a verbal request on her death-bod that Phehe, her sister-in-law, should be rewarded for services which she had rendered for many years in the family, and for which she had re- ceived no just compensation. When Phebe presented her claim to the executor of the deceased, he refused to admit it. A trial was had at the lower tavern, Millstone. Hardonbergh and McDonald were the law- yera. In the course of his argument Hardenborgh, pointing to the steeple across the way, said, 'I would rather see Jacobus Garretson come

* The " Biog. Encycl. of New Jersey," p. 48, says "in 1778,"-an error of ten years, as appears from the records of tho Supreme Court. The same work seya he became counselor In 1781,-a palpable error, being seven years prior to his becoming an attorney.

+ Not in 1798, as given in the " Biog. Encyc. of New Jersey."

585

THE BENCH AND BAR OF SOMERSET COUNTY.

down headlong from the top of that steeple to the ground than that you, by your verdict, should deprive this woman of a just compensation for her hard-earned claim."

When or where he died is not definitely known, but he is said to have ended his days in New Bruns- wick, N. J.

GEORGE MCDONALD, the distinguished lawyer and eccentrie personage, was a native of Bridgewater township, in this county. He was born about the time of the Revolution, just south of Somerville, on the place where Dumont Frelinghuysen now resides. Ile studied law with Col. Frederick Frelinghuysen at Millstone, then the county-seat, and the Hon. Theo- dore Frelinghuysen was a fellow-student. He was licensed as an attorney at the April term of 1792, and became a counselor in February, 1803. He practiced first at Bound Brook, which place was his residence for from fifteen to seventeen years. He then removed to Somerville, where he bought a lot opposite to what is now the Fritts House, and built thereon a large house,-quite elegant and superior for those days,- still standing, afterwards occupied by Peter D. Vroom. Mr. McDonald was twice married, his first wife being a Perrine, by whom he had one son, named Perrine ; his second wife was a Miss De Groat, of Bound Brook, by whom he had some seven or more children. He resided and practiced law in Somer- ville until about 1819, when he removed to Indiana, where he died the following year. He was a man of rather fiery disposition,-a " Hotspur" who loved dis- putation and cudgeled opponents with his fists as well as lashed them with his tongue. But he was smart and active, although not brilliant as a lawyer. Yet, for many years being the only legal practitioner in the place, he made considerable money. It is said that he and Frederick Frelinghuysen did pretty much all the law business of the county in those days. Ile was bold and fearless, and possessed a fair gift of speech. Thomas A. Hartwell succeeded to his practice in Somerville, which gave him his start in life. He was a prominent Mason, a member of Som- erset Lodge, No. 1, of this State, later known as Solo- mon's Lodge, No. 1; was a representative to the Grand Lodge, and in that body held the office of Right Worshipful Deputy tirand Secretary from 1806 to 1819, with the exception of one year (1810) when he served as the Right Worshipful Deputy Grand Treasurer. At the November session of 1820 the fol- lowing preamble and resolution were read and unani- mously adopted :

" Information having been communicated to the Grand Lodge of the death of our lato worthy and highly esteemed brother, George McDonald, Esgr., lato Right Worshipful Deputy Gruml Secretary,

" Resolved, That this lodge do deeply deplore the death of our beloved brother, and sincerely sympathize with his afflicted family in this dis- pensation of Divino Providenco, and also lament the loss which the fra- ternity and society in general have sustained In the decease of this worthy individual."

JOSEPH W. SCOTT,-"Sergeant Seott,"-who long stood at the head of the list of living counselors, and

who died in 1871 at the advanced age of ninety-three, was the second son of Dr. Moses Scott, of New Bruns- wick, N. J. He was born Nov. 28, 1778, on the north side of Albany Street, New Brunswick, then in Som- erset County, on the property now owned by Elmen- dorf .* He was a graduate of Princeton in 1795, and commeneed to study medicine with his father, but soon abandoned it for the law, studying with Gen. Frede- riek Frelinghuysen at Millstone. He became an attor- ney in 1801, a counselor in 1804, and a sergeant-at- law in 1816. Hle subsequently married and settled in New Brunswick, although he frequently practiced in the courts of Somerset County. He was an ac- complished scholar, well versed in the Latin classics, learned in the law, was a ready writer and quite an eloquent advocate. "The last time he appeared in court was as counsel for Donnelly (2 Dutch. 463), on his trial for murder, in 1857, when he was nearly eighty years old, and his argument against the valid- ity of the indictment, which I heard, was creditable to his learning and ability, especially when it was re- membered that he had practically given up his pro- fession nearly twenty years."+ He was a member, and for many years an officer, of the Society of the Cincinnati. The Rev. Dr. Jewett, in an address de- livered at his funeral, said,-

" We stand to-day by the side of one who looked upon ned was familiar with the forms of generals, statesmen, and theologians,-men whoso names are sacred to America aad the world. We stand by the coffin of one who served in the war of 1812; of one who stood by the bedside of the dying Hamilton,-that brightest intellectual star in the galaxy of patriots. . . . Not a few of the grent men of the Church and in the State were his warm personal friends. So attached to him was Dr. John M. Muson, that 'prince of preachers,' that when, shattered in health and broken in Intellect, he wandered away from home, his son came in search of him to this city, and found him at the residence of Col. Scott."

FREDERICK FRELINGHUYSEN, son of Rev. John, was born at the parsonage, near Three-Mile Run, April 13, 1753. His eminent mothert desired that he should prepare for the ministry, but he was disin- clined to it. He was graduated from Princeton Col- lege in 1770, and was admitted to the bar, at the age of twenty-one, in 1774. He soon displayed the pos- session of rare gifts and attainments. In 1775 he was chosen a member of the Provincial Congress of New Jersey, where he was placed on the important committee of public safety. In 1776 he was again chosen to the Provincial Congress. In 1778 he was elected, on joint ballot of the Legislature, to repre- sent New Jersey in the Continental Congress. He accepted this position with great reluctance, and the next year resigned his seat because the trust was "too important for my years and abilities." He was, how- ever, afterwards re-elected to Congress for 1782 and 1783; was a member of the State Legislature 1784, 1791, 1800-3.

In 1776 he was captain of a corps of artillery, a vol- unteer company of Continental troops, and in this

· Rov. W. W. Blauvelt.

+ Elmer's Reminiscences.

* Sce sketch of Rev. J. H. Hanlenbergh.

586

SOMERSET COUNTY, NEW JERSEY.

capacity took part in the battle of Trenton. The family of his eldest son still retains a sword surren- dered to him by a British officer. He afterwards be- came a colonel in the militia of Somerset County, and was often actively engaged during the war. In 1793 he was elected United States senator, but domestic bereavements and the claims of his family compelled him to resign in 1796. In the Whisky Insurrection, in Pennsylvania, Washington gave him a major-gen- eral's command among the troops from Pennsylvania and New Jersey.

Gen. Frelinghuysen was twice married. His first wife was Gertrude Schenck. She died in March, 1794, aged forty-one, leaving five children,-John, Maria, Theodore, Frederick, and Catharine .* He married, subsequently, Miss Ann Yard, a lady of great force of character and refinement of mind, who survived him for many years. Her children were two,-Elizabeth, the wife of the late James B. Elmendorf, M.D., of Millstone, and Sarah, who died in her yonth.

Gen. Frelinghuysen is buried near Millstone, in a family graveyard, and the following epitaph is found on his monument :

" Entombed beneath this stone lie the remains of the Hon. Fred. Fre- linghnysen, Esq., Major-General of the military forces, and Representa- tive in the General Assembly of this his native State. Endowed by nature with superior talents, he was beloved by his country. From bis yonth he was intrusted with her most important concerns. Until his death he never disappointed her hopes. At the bar he was eloquent, in the Senate he was wise, in the field he was brave. Candid, generous, just, he was ardent in his friendships, constant to his friends. The patron and protector of honorable merit, he gave his hand to the young, his counsel to the middle-aged, his support to him who was feeble in years. To perpetuate his memory his children have raised this monument, a frail memorial of their veneration for his virtnes, and of their grief for the loss of so excellent a father. He died on the 13th of April, 1804, aged 51 years."

JOHN FRELINGHUYSEN, the eldest son of Gen. Frederick, was born near Millstone, March 21, 1776. Notwithstanding the nnpropitions circumstances in which his infancy and yonth were passed, occasioned by the Revolution and its immediate results, he se- cured a sufficient education to enable him to enter Queens College, at New Brunswick, from which he was graduated in 1792. He was admitted to the bar in 1797, and in the same year married Lonisa, daugh- ter of Archibald Mercer, Esq., then residing at Black- well's Mills. In 1801 he purchased the estate at Somerville, but about 1804 returned to Millstone, on account of his father's death, and took charge of the family, superintending the studies of his younger brothers, Theodore and Frederick. While living here he lost his wife, in 1809, and united with the church of Millstone. In 1810 he returned to Somerville, and the next year married Elizabeth M., daughter of Michael Van Veghten. He was not an eloquent pleader, but had a large and lucrative business in the quieter branches of his profession. He frequently represented his county as a member of the State Council, and was surrogate of the county for fifteen

years. He was frequently made the executor of es- tates. He commanded a regiment of militia at Sandy Hook in the war of 1812. After the war he was made a brigadier-general, by which title he was sub- sequently addressed. He had a quick eye, a clear head, a rapid decision, a sound judgment, a strong will, and invincible courage. He was a man of large heart, and devised liberal things. Pleasant, affable, social, he enjoyed life abundantly. Yet he thought continually for others. Hand and heart were open to the poor and afflicted. He was a man of profound and ardent piety. He died of a bilions fever on April 10, 1833.+

THEODORE FRELINGHUYSEN was the third child of Gen. Frederick, and was born in Franklin town- ship, March 28, 1787. His father shortly after re- .moved to the village of Millstone, where the family was reared. After attending the village school, the grammar school at New Brunswick, and Rev. Dr. Finley's school at Basking Ridge, he entered the junior class of Princeton College, and was graduated there- from in 1804,-the valedictorian of his class. He then returned to the homestead at Millstone, and commenced the study of law in the office of his elder brother John, who occupied the paternal estate. At this time he established a debating society in Mill- stone and invited the young men for miles around to attend. He also at this time prepared the late Rev. Dr. Wyckoff for college. In 1805 he entered the law- office of Richard Stockton at Princeton. He was ad- mitted to the bar in 1808. In 1811 he became a counselor, and in 1817 a sergeant-at-law. He chose Newark as his home. There he married, in 1809, Charlotte, daughter of Archibald Mercer, Esq. In Newark he revised and perfected his legal studies. He was diligent in his attendance npon the courts, but he also gave considerable time to the pursuits of literature. His professional success took its rise from his able conduct of an important murder case in 1812. The criminal was a colored man without friends or means. Mr. Frelinghuysen was assigned by the conrt to defend him. This he did with such surpassing eloquence that he overwhelmed court, jury, and au- ditors, and his client was trinmphantly acquitted. His abilities were at once recognized, and he rushed into an extensive and lucrative practice.

In the war of 1812 he, with a number of others, formed a volunteer company, of which he took com- mand. They were never called into service, but they lacked only the occasion.

In 1817 he was appointed attorney-general of the State,-an office which was then one of immense care and responsibility. He was the legal adviser of the State, and supervised, in person or by deputy, the administration of the criminal statutes. This office was conferred upon him by a Legislature opposed to him in politics. He was twice reappointed, and held

* Sketches of most of these will be found elsewhere.

+ See Chambers' Life of Theodore Frelinghnysen, p. 275.

Brothlinghong son

587

THE BENCH AND BAR OF SOMERSET COUNTY.

the office until 1829, when he resigned because elected to the United States Senate. In 1820 he was elected by the Legislature to a seat upon the bench of the Supreme Court of the State, but declined the honor. His moral influence upon his associates at the bar was very salutary. His pure life was a constant power, felt and acknowledged by all. His mind was strikingly rapid, correct, and comprehensive. His judgments seemed almost intuitive. IFis sagacity in at once discriminating the essential from the non- essential gave him a complete mastery over forms and technicalities. Until his removal to New York, in 1838, he was engaged in almost every important cause which arose in the State. He was a pioneer in estab- lishing legal principles and precedents. His speeches were never written out, and hence few evidences of his forensic ability have been preserved. The move- ment of his eloquence was rapid and brilliant, but could not be adequately reported. The best report extant of any of his speeches is that in the Quaker case, in 1833, in which he gained the victory.

In 1829 he took his seat in the Senate of the United States, then containing many eminent men, such as Webster, Clay, and Calhoun. In all the great con- fiets of that period Mr. Frelinghuysen was never neutral. He acted with the party which he believed to be in the right. He maintained an independent judgment, and never descended to personalities, never engaged in unseemly altercations. His dignity, can- dor, and integrity secured for him the respect of all parties. Hle was evidently a statesman.

The first great question on which he addressed the Senate was the hill for the removal of the Indians to lands west of the Mississippi River. Hle moved an amendment the provisions of which virtually nulli- fied the object which the bill sought to accomplish, and which were sustained by him in a speech of great power and oloquence.

Mr. Frelinghuysen also took an active part in the discussion of the pension bill, the President's pro- test, the force bill, the removal of the Government deposits from the United States Bank, the Compromise Tariff, etc. In 1835 his senatorial term expired, and he returned to his profession. In 1839 he was chosen chancellor of the University of the City of New York. In 18-14 he was surprised by his nomination as a can- didate for the office of Vice-President of the United States, on the ticket with Henry Clay, by the Whig National Convention. He accepted the nomination in a brief and dignified letter. Daniel Webster said shortly after, in a speech to ratify the nominations, that no better or wiser selection could have been made.

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History of Hunterdon and Somerset counties, New Jersey : with illustrations and biographical sketches of its prominent men and pioneers, Part 143

Author: Snell, James P; Ellis, Franklin, 1828-1885 Publication date: 1881 Publisher: Philadelphia : Everts & Peck Number of Pages: 1170

Author: Snell, James P; Ellis, Franklin, 1828-1885
Publication date: 1881
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1170