USA > New Jersey > Essex County > Montclair > History of Montclair township state of New Jersey; including the history of the families who have been identified with its growth and prosperity > Part 3
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COLONEL ROBERT TREAT, born in England, son of Richard, was with his father at Wethersfield in 1640 ; was at Milford, where he was Town Clerk ; was an assistant in the New Haven Colony in 1659 ; was also a Magistrate. For his " expense with the Indians about purchasing " on Pesayaek River in 1666, he had " given him two aeres of land in the town plot, near the frog pond," and in the choice of lots had the first. In 1672 he returned to New England, and in 1675 " Major Treat was dismissed from the Church of Christ, at Newark, to the church at Milford. In Phillip's War he was Commander-in-Chief; in 1676
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Deputy Governor : and, in 1653, Governor of Connecticut. He served in that place fifteen years, and retired from old age, and died 12th of July, 1710, aged 88
JASPER CRANE Was one of the original settlers of the New Haven Colony. " the only remaining oeenpant of the east centre square ; was presumably from London, as he was much connected with the London men in various ways. He first put his estate at one hundred and eighty pounds, and land was assigned him according in amount with that appraisal ; but before the meadows and the outlands of the third division were allotted he was permitted to increase his appraisal to four hundred and eighty pounds. and receive thereafter corresponding allotments of land. He signed the first agreement 4th .Inne. 1649, at general meeting of all the planters, in Mr. Newman's barn : took the oath of fidelity at the organization of the government. with Campfield. Pennington, Governor Eaton and others. In 1644 he was " freed from watching and trayning in his own person. because of his weakness, but to find one for his time." At East llaven he was interested in a bog furnace in 1651; he removed to Branford in 1652, and represented the town in the General Court of the Jurisdiction in 1653.
The restoration of the Stuarts in 1660 was not favorably received in New England, and when the time arrived for the next election in New Haven Jurisdiction it was difficult to find persons willing to accept office.
Mr. William Leite was chosen Governor, Mr. Matthew Gilbert, Deputy Governor, Mr. ROBERT TREAT and Mr. JASPER CRANE, Magistrates.
After the restoration of Charles HI .. Whalley and Goffe, the Regicide Judges, escaped to New England and were reported in the New Haven Colony. The pursuivants who were sent in pursuit of the fugitives applied to Deputy Governor Leite, and demanded military aid, and a power to search and apprehend. " The Court was called together and Magistrate CRANE, of Branford, had arrived in company with Liete."
" The Magistrates held a consultation of two or three hours, after which, being further pressed by the pursuivants to do their duty and loyalty to his Majesty or not. it was answered they would first know whether his Majesty would own them."
Magistrates Crane, Gilbert and Treat subsequently issued a warrant for the arrest of the fugitives. but as the most prominent men in the colony were in sympathy with, and aided in concealing them, the warrant was never executed. Rev. Mr. Davenport, their leader, covertly advised them so to do. He preached to his people from Isaiah xvi .. 3 and 4: " Take counsel, execute judgment. make thy shadow as the night in the midst of the noonday: hide the outcasts, betray not him that wandereth. Let mine outcasts dwell with thee. Moab, be thon a covert to them from the face of the spoiler."
In this controversy between the Colonies of Connectient and New Haven, growing ont of the new charter granted to Connecticut by Charles 11 .. in 1662, JASPER CRANE and ROBERT TREAT bore a promi- nent part in bringing about a peaceful settlement.
A communication from the Connectient Colony was read at a meeting of the freemen of the New Haven Colony held at New Haven, November 4, 1662, setting forth the advantages of the patent, with the " earnest desire that there may be a happy and comfortable union between yourselves and us accord- ing to the terms of the charter."
The reply to this communication was signed by William Leite. Matthew Gilbert. Benjamin Fenn, JASPER CRANE. ROBERT TREAT, William JJones, John Davenport. Nicholas Street, Abrah. Pierson, and Roger Newton.
On the 19th of August a " committee was appointed to treat with our honored friends of New Haven, Milford, Branford and Guilford, about settling the union, and incorporate with the Colony of Connecticut."
Among the queries propounded by the New Haven Colony. and finally accepted by Connecticut. was one providing " That the Worshipful Mr. Leite, Mr. Gilbert, Mr. Jones, Mr. Fenn, Mr. TREAT and Mr. CRANE be and remain in magisterial power within the county, and any three or more of them as they see eanse to have power to keep a county court, they choosing out from amongst themselves a
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moderator pro tempore, in the president's absence, whom we hereby nominate to be Worshipful Mr. Leite for the county. and they to stand in force until an orderly election of officers at general election in May next," etc.
Notwithstanding these peaceful negotiations, the inhabitants of the New Haven Colony were greatly disturbed at the possible termination of affairs. Mr. Davenport and other ministers were strongly of the opinion that all government powers should be vested in the churches, and the churches were unanimously opposed to being united with Connecticut. In New Haven, only church members in full communion could be freemen. The adopted tenet of the Connecticut Colony was that all baptized per- sons, not convicted of scandalous actions, are so far church members that. upon acknowledging their baptismal covenant, and promising an outward conformity to it, though without any pretension to inward and spiritual religion. they may present their children for baptism. This was known as the " Half-Way Covenant," and continued in force in Connectieut for more than a hundred years.
The proposed union aronsed deep feeling through all the New Haven Colony settlements. Bran- ford people were especially disturbed. Rev. Mr. Pierson and others had left Southampton. L. I., because they found it was elaimed by Connectient. Now they were to be under Connectient jurisdiction after all. This was the blighting of all their hopes. They did not believe there could be any good and safe government for Christian people unless the voting and office-holding were all in the hands of Christians. Having " spent so much of their means and so much of their labor on houses, fenees, mills, lands, and done so much for living comfortably, it was a serious matter to break up, go into another wilderness, and begin again." Their labor of twenty-three years meant a great deal.
Excessively alarmning and distasteful were these views to the supporters of the policy of the fathers. Without money, credit, or political affiliations of any importance, they yet clung to the hope of independ- ence, believed the danger from England to be averted, and spurned. " the Christless rule of Connecticut." Mr. Davenport was very bitter at the action of Leite. He wrote to Gov. Winthrop in 1663: " As for what Mr. Leite wrote to yourself, it was his private doing, without the consent or knowledge of any of us in the colony ; it was not done by him according to his public trust as Governor, but contrary to it."
A serions division of sentiment had arisen in the colony which threatened its very existence. New Haven and Branford supported the cause of " Godly Government"; but Mr. Leite was continued in his office, and the nominal head of the elder faction, Matthew Gilbert, was, as usual, chosen to the sub- ordinate office of Deputy Governor. Many now began openly to declare themselves citizens of Connecti- cut, and to ignore the New Haven officers and laws. Taxes could not be collected, and the colony, unable to pay the regular salaries of its officials, was plunging deeper and deeper into debt. Discouraged and almost disheartened at the inexorable logie of events, Mr. Davenport exclaimed, "The eanse of Christ in New Haven is miserably lost."
Chapter V.
THE " WISE MEN OF GOOD REPORT" SENT IN SEARCH OF A NEW CANAAN .- DIFFICULTIES ENCOUNTERED .- AANXIETY OF STUYVESANT TO SECURE THE SETTLEMENT OF THE NEW HAVEN COLONISTS FOR NEW JERSEY. THE "AGREEMENT" OF THE BRANFORD COLONISTS .- LANDING OF THE MILFORD COLON- ISTS. - UNEXPECTED DIFFICULTIES WITH THE INDIANS .- FORMAL CONVEYANCE OF THE LANDS BY THE INDIANS. - ADDITIONAL CONVEYANCE OF LAND EXTENDING TO THE TOP OF WATCHING MOUNTAIN.
HIE events narrated in the preceding chapter which seemed so dark and foreboding to the New Haven colonists proved to them a blessing in disguise. The " land of promise"- the New Canaan-was awaiting them, where they could not only " worship God under their own vine and fig tree." but where they could regulate their civil affairs in accordance with their own convictions of truth and right.
The possible overthrow of his plans had been foreseen by Mr. Davenport, and by the leader- of his party during the quarrel with the townsmen in 1658-60, and at that time they had secretly sent out " wise men of good report " in search of a New Canaan.
They turned naturally to the Delaware region with which they were already familiar, having previously invested large amounts in that locality. A Committee of Inspection was sent thither in 1661. and on the sth of November, Matthew Gilbert, Deputy Governor of the Colony of New Haven, wrote from Milford to Governor Stuyvesant at New Amsterdam, informing him that " a Companie of Considerable that came into N. E. that they might serve God wth a pure conscience and enjoy such liberties and priveledges, both (ivill and Ecclesiasticall, as might best advantage unto, and strengthen them in the end and worke aforesaid, weh also, through the mercy of God, they have enjoyed for more than twentie yeares together, and the Lord haveing blessed them wth posterities so that their numbers are increased and they being desirous to p'vide for their posterities so that their outward comfortable subsistence and their soulles welfare might in the use of sutable means through the blessing of the Almighty, be obtained,-that this company having been encouraged so to do by the courtesy extended by the Governor to persons appointed to visit . some adjacent parts' on a previous occasion. bad appointed a committee of four of their most prominent men, at the head of which was Robert Treat. to confer with him relative to the terms upon which they might . begin to plant,' and thereafter secure additions to those who might wish to join them . for the enlargement of the Kingdom of Christ in the Congregational way.' and secure all other means of comfort, and subordination thereunto." In behalf. therefore, of the Committee sundry propositions were submitted, for which, as they were from "trne men and not spies." a careful consideration was solicited with a view to a return of a definite answer to each.
Five conditions of willingness to settle under Dutch rule were submitted to Stuyvesant, and he refused assent to all of them. desiring especially to retain control of the election of officers, and the right of appeal to the Dutch tribunals. These negotiations remained for a time in abeyance.
Stuyvesant. however, was exceedingly anxious to obtain such immigration, and in the winter of 1662-3. Robert Treat. Philip Groves and John Gregory again communicated with him, and found him disposed to make some concessions; he finally wrote home for instructions. In June, 1663, Mr. Treat
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HISTORY OF MONTCLAIR TOWNSHIP.
wrote to Stuyvesant to inquire if the instructions had come, and complained of hindrances at home to the consummation of the scheme.
Stuyvesant's instructions, which finally arrived, bearing date March 23. 1663. urging him to secure the English for subjects by every means and every concession if necessary. Stuyvesant replied to Treat July 20, inviting him to come. and reserving only a formal confirmation of officers, and the right of appeal in important eauses and in capital cases, unless the criminal party confessed. The rapid succession of events checked the transaction with the Dutch at this point. The high-handed discourtesy of the Con- nectient Legislature united for a time all the New Haven factions in opposition to Winthrop's Charter, and led to important action on the part of the Colonists. In January, 1664, the General Court for the Jurisdiction voted that "The Committee shall treate with Captain Scott about getting a pattent for Delaware."
The summer of 1664 brought the unexpected surrender of the New Netherlands to the Duke of York, and on the 13th of December following, New Ilaven. Branford and Guilford voted to submit to Connectient. One week after the surrender to Connecticut had been recorded. a letter was addressed by William Jones, magistrate of New Haven, to Colonel Nicolls. depicting the great " wrong and injury " of the Colony at Delaware Bay. "The Indians of whom we purchased the land there do owne our right and much desire the coming of the English." It was hoped that "A further search of our records may be further improved by your honor as your wisdom shall think fit."
Appeals to Colonel Nieolls were futile; in the meantime Governor Philip Carteret arrived and fixed his capital at Elizabethtown. In August, 1665, he sent letters to New England, offering to settlers every civil and religious privilege. A committee, consisting of Robert Treat and one or two other prom- inent men of Milford, was dispatched to New Jersey to satisfy the community that the picture presented of the great advantages to be derived was not overdrawn. Reference has been made to the fact that unsue- cessful attempts had been made, at different times, to plant an offshoot of the New Haven Colony on the banks of the Delaware, and it seems that the Millford committee first turned their steps thither with a view of selecting a site near the present Burlington. But not being pleased with what they saw in West Jersey, they returned and visited Governor Carteret at Elizabeth, at whose suggestion they determined upon a location on the Passaic. It is said that a formal agreement, comprising fifteen articles, was entered into after a full discussion of the provisions of the "concessions," but the document is lost. There was probably a reference to it in the record of a Town Meeting at New Haven. December 4, 1665: " Mr. Jones tolde thee towne about Delaware. The Articles were read. and it was said that a Committee for the ordering of that affayre was appointed."
As the concessions required all land to be taken up under a warrant from the Governor, and as Treat and his companions were equally decided in requiring an extinguishment of the Indian title prior to settle- ment, these mutual requirements were considered satisfactorily met by Carteret's furnishing Treat with a letter to the Sachem having control of the desired tract, requesting him to give the immigrants possession, and promising to pay therefor, there having been some prior negotiations for the land. "On the subject of real estate in the New World," says Bancroft, "the Puritans differed from the lawyers widely ; asserting that the heathen, as a part of the lineal descendants of Noah, had a rightful claim to their lands." Charged with this document. Treat and his friends returned to Connectient to make arrangements for the removal, and early in the Spring of 1666 the first immigrants from Milford embarked for New Jersey. The record states that "At a meeting touching the intended design of many of the inhabitants of Bran- ford the following was subscribed: Deut. 1, 13; Ex. 18, 2; Dent. 17, 15; Jere. 36, 21. ( Take you wise men and understanding, and known among your tribes, and I will make them rulers over you.' . Moreover, thou shalt provide out of all the people able men, such as fear God. men of truth, hating covetonsness ; and place such over them to be rulers of thousands, of hundreds, rulers of fifteen, and rulers of tens,' etc.) 1. That none shall be admitted freemen, or free burgesses within our town, upon Passaie River in the province of New Jersey, but such planters as are members of some or other of the Congregational churches : nor shall any but such be chosen to magistracy ; or to carry on eivil judicature.
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or as deputies or assistants to have power to vote in establishing laws, and making or repealing them, or to any chief military trust or office; nor shall any but such church members have any vote in such elections ; though all others admitted to be planters have right in their proper inheritance, and do so and shall enjoy all other civil liberties and privileges according to all laws, orders, grants, which are, or shall hereafter be, made for this town. 2. We shall with care and dilligence, provide for maintenance of the purity of religion as professed in Congregational churches." Whereunto inscribed the inhabitants from Branford :
Jasper Crane, Abra Pierson, Sam'l Swaine, Lawrance Ward, Thomas Blatehly, Sanmel Plum, Josiah Ward, Samuel Rose. Thomas Pierson, John Warde, John Catling, Richard Harrison, Ebenezer Canfield. John Ward Senior. Ed. Ball, John Harrison, John Crane, Thos. Huntington, Delivered Crane. Aaron Blatehly, John Johnson [his mark , Thomas L. Lyon [his mark ].
Most of these signers moved with Mr. Pierson to Newark. They went by vessel down Long Island Sound. There is a tradition that Elizabeth Swaine, the daughter of Sammel, was the first to land on the shore of Newark, having been merrily handed up the bank by her gallant lover, Israel Ward, in his ambition to secure for her that mark of priority. She was then nineteen years of age.
The omission on the part of Treat to deliver promptly the letter to the Indians with which he was furnished by Carteret, and to complete the arrangements for the occupancy of the desired traet, was the cause of unexpected embarrassment and delay. On attempting to land their goods at some point on the river, they were warned off by Indians on the ground, who claimed to be the owners, and informed them that they had not yet parted with their right thereto. The goods were therefore reladen and a report of the circumstance- made to the Governor.
In the interview that followed. these difficulties were probably removed. Samuel Edsall, a resident on Bergen Neck, to whom the neighboring chiefs had become known. through several negotia- tions with them that he had conducted, both on his own account and as interpreter for others, was authorized by Carteret to effect the purchase. Accompanied by Treat and some others of the new- comers, he proceeded up the Hackensack to confer with those who claimed to be the proprietors of the land west of the Passaic. In Treat's account of the negotiations he says : " One Perro laid claim to the said Passaie lands, which is now called Newark, and the result of our treaty was, that we obtained of a body of said Indians to give us a meeting at Passaic, and soon after they came, all the proprietors, viz: Perro, and his kindred, with the Sagamores that were able to travel; Oraton being very old, but approved of Perro's acting, and then we acted by the advice, order and approbation of the said Governor (who was troubled for our sakes) and also of our interpreters, the said Governor approving of them (one John Capteen, a Dutchman, and Samuel Edsal, and was willing and approved that we should purchase a traet of land for a township."
A bill of sale was made out. arrangements made for taking possession, and soon the little party. relieved from their close quarters on board the vessels, were established on the site of the contemplated town.
While these preliminary measures were being consminmated. an opportunity . was afforded for the preparation and execution of written stipulations with certain agents from Guilford and Branford-who had either been fellow-passengers with the Milford people, or had arrived subsequently-that the settlers from those places should be permitted to join in forming one common township, provided definite intimations to that effect should be received prior to the ensning ist of November. The meeting at which this agreement was made was held, probably, on board of one of the vessels lying "near Elizabeth- town," on the 21st of May, and was verified by the signature of Robert Treat for the Milford people, and Samnel Swain for those of Guilford and Branford, on the 24th of the same month ; it being, they say, their ." desire to be of one heart, and consent. through God's blessing. with one hand they may endeavor the carrying on of spiritual concernments, as also civil and town affairs, according to God and a godly government."
The doenment signed by the people of Branford - already referred to, was dispatched to Milford,
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and in the ensuing month, the inhabitants " declared their consent and readiness" to conform to its requirements. Subsequently, at a meeting on the 24th of June, 1667, shortly after the arrival of the Branford families, the Milford men also subscribed the document : the following is the list of names in their order :
Robert Treat, Obadiah Bruen, Matthew Camfield, Samnel Kitchell, Jeremiah Pecke, Michael Tompkins, Stephen Freeman, Henry Lyon, John Browne, John Rogers. Stephen Davis. Edward Rigs. Robert Kitchell. his mark ; J. B. Brooks, his mark : Robert V. Lymens, his mark ; Francis V. Linle, his mark : Daniel Tichenor, John Baldwin. Sen .. John Baldwin, JJr., John Tompkins, Geo. Day, Thom. -Johnson, John Curtis. Ephraim Burwell, his X; Robert R. Dennison, his X: Nathaniel Wheeler. Zechariah Bnrwell, William Campe, Joseph Walters, Robert English, Hauns Albers, Thomas Morris. Hugh Roberts, Eph'in Pennington, Martin Tichenor, John Browne, Jr., Jona. Seargeant, Azariah Crane. Samuel Lyon, Joseph Riggs, Stephen Bond .-
The arrangement entered into with the Indians through the ageney of Samuel Edsall, which preceded the settlement, was perfected by the execution of a more formal instrument at a conference with them held " at the head of the Cove of Bound Brook," July 11, 1667, which defines the boundaries as follows :
THAT WEE the said Wapamnek. the Sakamaker, and Wamesane, Peter, Captamin, Wecaprokikam, Napeam. Perawae, Sessom, Mamustome, Caeanakrne, and Harish, doe, for ourselves and With Consent of the Indians, Bargain, sell and deliver, a Certain tract of Land, Upland and Meadow of all sorts; Wether Swamps, Rivers, Brooks, Springs, fishings, Trees of all sorts, Quaries and Mines, or Metals of what sort soever, With full liberty of hunting and fonling upon the same. Excepting Liberty of hunting for the above said proprietors that were uppon the upper commons, and of fishing in the above said Pesayak River ; which tract of Land is bounded and Limited with the bay Eastward, and the great River Pesayak Northward, the great Creke or River in the meadow running to the head of the Cove, and from thenee bareing a West Line for the South bounds, wh. said Great Creke is Commonly Called, and Known by the name of Weequaehick on the West Line backwards in the Country to the foot of the great mountain called Watchung, being as is Judged, abont seven or eight miles from Pesayak town ; the said Mountaine. as Wee are Informed. hath one branch of Elizabethtown River running near the above said foot of the mountaine ; the bounds northerly. viz .: Pesayak River reaches to the Third River above the towne, ye River is called Yanntakah : and from thence npon a northwest line to the aforesaid mountaine ; all of which before mentioned Lands for the several kinds of them, and all the singular benefits and Privileges belonging to them, with ye sevral bounds affixed and expressed herein, as also free liberty and range for Cattle, horses, hoggs, and that though they range beyond any of the bounds in this Deed expressed, to feed and pasture Withont Molestion or of damage to the owners of cattle &e, above said. Wee, the above said Indians, Wapamuck &c doe sell. Alienate, make over, and Confirm all Right, Title and Interest of us, our heires and Snecessors, for ever Unto the said Lands, &e as above-mentioned to Mr. Obadiah Brnen, Mr. Samel Kitchell, Mr. Michael Tompkins, John Browne, and Robert Denison, towns- men and Agents for ye English Inhabitants of Pesayak, to them, their heires and associates for Ever ; to have hold and dispose of, Without Claim, Let or Molestation from ourselves or any other Whatsoever These Lands, we are thus sold and delivered for and in consideration of fifty double hands of powder ; one hundred bars of lead, twenty axes, twenty Coates, ten Guns, twenty Pistols, ten Kettles, ten Swords, four blankets, four barrells of beere, ten pair of breeches, fifty knives, twenty howes, eight hundred fathem of wampem, two Ankers of Liequers, or something Equivalent, and three troopers' Coates ; these things are received, only a small number engaged to them by bill," etc.
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