USA > New Jersey > Passaic County > Paterson > History of Paterson and its environs (the silk city); historical- genealogical - biographical > Part 13
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PATERSON AND ITS ENVIRONS
heires and Assignes Covenant promisse and agree to and w'th the said Lords Proprietors their heires and Assignes That they their heires and assignes shall well and truely pay or Cause to bee paid unto the said Lords Pro- prietors their heires or Assignes the said yearely Chiefe or Quit Rent of ffourteen pounds starling moneyes or the value thereof for the said Tract of Land att or upon the ffive and twentieth day of March every yeare forever hereafter to the Receiver generall w'ch shall from tyme to tyme bee appointed by the said Lords Proprietors their heires or Assignes w'out fraud Covine or delay PROVIDED allwayes that if the said yearely Chiefs or Quit Rent shall bee behinde and unpaid in part or in all att any of the days or tymes upon w'ch the same is to bee paid as afores'd that then and soe often it shall and may bee Lawfull to and for the said Lords Proprietors and their heires by their or any of their servants Agents or Assigns tenn dayes after such neg- lect or non payment of the said Chiefe or Quit Rent into the aforesaid Lands w'th the appurtenances or into any part or parcell thereof to Enter and there to distraine and the distress or distresses there taken to lead drive Carrey away impound and in their Custody to detaine untill the said yearely Chiefe or Quit Rent soe being behind and unpaid together w'th all Costes and Charges of such distress and impounding shall bee fully paid and Contented to the said Lords Proprietors their heires and Assignes.
IN WITNESS whereof the Dept Governor of this Province and the Major part of his Councell for the tyme being to one parte have subscribed their names and affixed the Common seale of the said Province and to the other part thereof thereof the said Hans Diderick, Garrett Garretson, Wall- ing Jacobs, Elias Machielson, Hartman Machielson, Johannes Machielson, Cornelius Machielson, Adrian Post, Urian Thomason, Cornelius Rowlofson, Symon Jacobs. John Hendrick Speare, Cornelius Lubbers and Abraham Bookey have Interchangeably sett their hands and seales the day and yeare ffirst above written.
Tho: Codrington Wm. Sandford
Gauen laurie Isaac Kingsland Benjamine Price Henry Lyon
Ja Emott Dept Sect
[Endorsed on the back :]
Memorand'm .- That it was mutually agreed by and between all the said partyes to the w'in mentioned pattent before the signeing and sealeing of the same that a Neck of Land Iyeing w'in the bounds of this pattent Containeing Two hundred and seventy Eight Acres called and knowne by the name of Stoffels point formerly pattented to one Christopher Houghland and since sold to the w'in named Hartman Machielson and Company bee also excepted out of this pattent and it's hereby accordingly Excepted-
Tho: Codrington Gauen laurie Isaac Kingsland Benjamin Price
Ja Emott Dept Secrt
Lords Proprietors of East New Jersey To
Hans Didericke & Company
1 for a Tract of Land lyeing [att Aquickenuncke in the County [ of Essex w'in the province of East New Jersey- j
Entred upon the Records of the province of East New Jersey this sixteenth day of March Anno Dm 1684 in Lib. A in fol- clxiiij 40 me Ja Emott Dep Secrt
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THE EARLY WHITE SETTLERS
A brief statement of the origin of land titles in New Jersey may not be out of place here: Charles II., King of England, by royal patent, dated March 12, 1664, granted to his brother, James, Duke of York, afterwards James II., King of England, the territory now known as New England, New York and New Jersey, with powers of alienation and of government. By deeds of lease and release, dated June 23-4, 1664, James, Duke of York, con- veyed the territory now known as New Jersey, to John Lord Berkley and Sir George Carteret, in fee simple. By deed dated March 18, 1674, Berkley con- veyed in fee simple the undivided half of New Jersey to John Fenwick, in trust for Edward Byllynge. On July 30, 1673, the Dutch captured the Eng- lish fort at New York, and New Jersey and New York came under Dutch rule once more. On February 9, 1674, the Dutch surrendered New Jersey and New York to the English, on the conclusion of peace. To remove any doubts as to the effect, on the former grant, of this change of rulers, King Charles II. gave a new royal grant to his brother James, of New England, New York and New Jersey, under date of June 29, 1674, and the Duke con- veyed, by deeds of lease and release dated July 28-9, 1674, to Sir George Carteret the eastern half of New Jersey, and by similar deeds of lease and release dated August 5-6, 1680, conveyed to Edward Byllynge, William Penn and others, West Jersey, which had been previously conveyed by Fenwick and Byllynge to Penn and others. Sir George Carteret, by his will dated December 5, 1678, proved January 28, 1680, devised his property to his executors in trust for the payment of his debts, and they, by deeds of lease and release dated February 1-2, 1682, conveyed East Jersey to William Penn and eleven other persons, who in turn immediately conveyed an equal inter- est to twelve other persons, so that there were then twenty-four Proprietors of East Jersey, whose title was confirmed by patent of the Duke of York, dated March 14, 1683. All titles to land in East Jersey, with the exception of a few granted by Governor Nicolls, of New York, are derived from these twenty-four Proprietors, who also exercised powers of government until 1702. Contrary to a somewhat prevalent impression, no grants for land within New Jersey were ever made by the King to private individuals. The King never owned a foot of land in New Jersey after he made the grant to the Duke of York, except of lands under tide-water, or riparian lands, which ultimately fell to the State. Similarly, the State of New Jersey has never owned any lands, except riparian lands, unless by purchase or escheat.
The original of this important document is engrossed on a great sheet of parchment, twenty-seven inches wide and seventeen inches deep. The seal of the Lords Proprietors is impressed on a piece of red wax an inch and three-quarters in diameter and three-sixteenths of an inch thick, enclosed in a round iron box ; a stout cord passes through the box and seal, and at the other hand is looped through the parchment, so that the box hangs just free of the document. About a third of the seal is gone.
While the order of the Governor and Council was to grant a patent for 5,520 acres of land, the rent named in the patent implies that 6,720 acres
P-7
.
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PATERSON AND ITS ENVIRONS
were conveyed. In fact, the tract actually comprised about ten thousand acres, to wit: Acquackanonk township, as it remains at this day, 5,500 acres ; Passaic, Second and Third wards, 500 acres ; all of the Third, Fourth and Fifth wards of Paterson, nearly all of the Sixth and Eighth wards, and about half of the Seventh ward, or about 4,000 of the 5,357 acres in the city of Paterson, being included in this ancient conveyance. The westerly line in Paterson ran from the mouth of a brook near the foot of Prospect street to Garret mountain, or perhaps to the "steep rocks" back of the present upper raceway. In the early deeds it was usual to make a liberal allowance for "highways and barrens ;" the number of acres specified referred only to the arable land. The Governor and Council probably considered that the really good land included in the patent was not more than 5,520 acres, the rest being for the most part sandy, swampy or rocky.
It was the custom in those days when a company bought a large tract of land for settlement, to partition off to each partner a home-lot large enough for his immediate use, the remainder lying in common, to be divided up from time to time as necessity seemed to require. This rule obtained in the settle- ment of Acquackanonk. Fourteen lots were laid off, fronting on the Passaic river, with a breadth of about ten chains, and extending back toward the mountain a distance of one hundred chains. These were called the "Hundred Acre Lots," as appears by numerous references in the old records. Lot Number I began near the Yantacaw river, and Lot Number 14 was near the present Main avenue bridge, at Passaic. Subsequently, lots were laid out west of these, ten chains wide and five chains deep, which were allotted to the owners of the "Hundred Acre Lots," so that these fortunate individuals held farms of one hundred and fifty acres each, extending from the river back to the Speertown road. About 1695, the increase of population calling for a new division of the common lands, a second parcel of fourteen lots was laid out, much smaller than the first, and extending north to about the corner of Main avenue and Prospect street. Perhaps about this time fourteen "Dock Lots" were allotted, along the river bank, where the commerce of the neighboring country was concentrated for nearly a century and a half. These "Dock Lots" were especially important to the first settlers, for the shipping of produce and the reception of supplies of all kinds, communication between Acquackanonk and New York being exclusively by water for fully three- quarters of a century after the settlement. Another tract of fourteen lots, very irregular in shape, was surveyed off soon after the last, embracing the territory on both sides of Lexington avenue in Passaic, and beginning about at the corner of Main avenue and Prospect street, and extending northerly to Ackerman's lane, Clifton.
This new allotment was called "Gotham," or the "Gotham Patent." But it was not a patent, but merely a subdivision of the Acquackanonk patent. The name originally given was in all probability Goutum, a village in North Holland. Goutum would be readily corrupted into Gotham by the descend- ants of the first settlers, or by new-comers of English origin.
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THE EARLY WHITE SETTLERS
When the foregoing lots were partitioned off, there was left an odd triangular plot, which it was concluded to consecrate to religious uses and the interment of the dead, a church being organized about 1693, and a modest building erected in 1698 for public worship. Dominie Guiliaem Bertholf was at the time the schoolmaster at the village ("durpe") of "Acquigge- nonck," as he writes it, and was called to the pastorate of the congregation in 1693, in connection with the Reformed Dutch church at Hackensack. The quaint old hexagonal church edifice first erected at Acquackanonk has been replaced twice since those days of yore, each time by a larger and hand- somer building. The parsonage originally stood on the same plot. It was leased, April 25, 1772, for the term of six years, to Timothy Day, of Achqueghenonk, for £ 17 New York money per annum, Day covenanting not to allow on the premises "any Drunkenness or frolicking on any Day of Publick worship during the sd Term."-Original Lease, Simmons MSS. This parsonage property was sold in 1798 to Cornelius Van Winkle, of Pat- erson, for £ 550. The original parchment deed is among the Simmons MSS. A tract of fourteen acres on the east side of Main avenue, opposite the church, was set apart for the use of the congregation ; it was leased for many years, then was divided (prior to 1770) into fourteen narrow lots all front- ing on the King's highway, which were leased and ultimately sold.
In the meantime, the new settlement had been receiving the attention of the Legislature, which in 1688 passed acts establishing a court for the trial of small causes, and also for building a pound, for the benefit of the "out plantations" of Acquackanonk and New Barbadoes.
About 1701 a new apportionment of lots was called for, and fourteen more lots were laid out, from Goutum northerly to a line in the neighborhood of what is now Twenty-first avenue, Paterson, and extending from the Pas- saic river on the east to Garret mountain on the west, the lots being ten chains wide and from one hundred to one hundred and fifty chains in depth. This new allotment was called Wesel, after a town on the Lippe river, Westphalia, near the borders of Holland. It is not unlikely that some of the families occupying the new neighborhood had pleasant recollections of the old West- phalian town, which they desired to perpetuate by giving this name to the new locality. The name has been generally, but erroneously, written "Weasel," or "Weazle."
The old trouble with the Newark people, about the boundary line, cropped out again in March, 1709, when both parties appealed to the Gov- ernor and Council, who ordered a new survey of the line to be run. On this occasion the people of Acquackanonk were represented before the Governor and Council by May Bickley, one of the most eminent lawyers of his day, while Thomas Gordon, another prominent lawyer, looked after the interests of Newark. The records fail to enlighten us as to the issue of the dispute. May Bickley was Attorney-General of New York in 1706-12, being also Recorder of New York City, 1709-12. He was admitted to the New Jersey bar in 1705. Having an uncomfortable way of getting the best of his enemies, they once got him indicted in 1708 for "barratrie," but the indictment was nol
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pros'd. He died at New York, April 2, 1724. Thomas Gordon, a near rela- tive of the Duke of Gordon, was of Pitlochie, Scotland, where he was the leader of the Gordon clan, and was held in warm regard by James II. Owing to political troubles he came to New Jersey in 1684, having previously acquired a Proprietary right in the soil, to which he subsequently added largely. He settled near the present Scotch Plains, so called because so many of his countrymen settled there with him. In 1692 he was appointed to various judicial and other positions, and six years later was made Attor- ney-General of East Jersey, which office he held until 1703. He was Attor- ney-General of New Jersey, 1715-19, and a member of the Governor's Coun- cil, 1710-22, dying in the latter year.
Most of the patentees having died by 1714, it was concluded in that year to allot the unpartitioned lands among those entitled thereto, a commit- tee being appointed for that purpose. The following translation is from the original Dutch report submitted by the committee. It is a pity that its Eng- lish is not as faultless as its chirography.
Achquegenouch 2 7th Aprill Ao 1714.
We underwritten Persons (Simon Jacobse, John Spier Franse Post, Hessel Pieterse, Thomas Iuriaense) are Chosen of the Inhabitants of Achquegenouch, to see every one his Land measured out, or shewing to them, except the first Lotts, make also at present a begin as followeth ?
Firstly-Wee order that every one shall stand by his second Lott, as it already is measured out for them by Mr. John Verkerck, except that Lot of Jacob Freeland, for we order that there shall be laid out a Common Road of a Chain broad, between Hendrick Gerritse and Jacob Freeland, so as it be- fore hath been ordered of old.
Secondly-That every one according to proportion of his Right shall draw of the Land (laying on the North point of Wesell, and of Mr. John Verkerck is laid out in lots) his part.
Thirdly-The Lots which lay between New-wark and Wesels Land on the Mountains, to know the two divisions who lay near the Hills, and already is measured out by Mr. Jolin Verkerck, We order that every one shall draw thereof, according to his Right therein.
Fourthly-That Land which lays between Herman Gertse and Wesel, we order to be laid out in 14 Lots, except that land whereon Arie Post cometh too short upon his second Lot, which He desireth there to have, and that then each one in Generall may draw thereof according to his Right.
Fifthly-That Land which lays between Dirck Freeland and John Sip, order We to be laid out in 14 Lots except that land whereon Hendrick Spier cometh too short upon his second Lot, wch He desireth there to have, that is to say on that hindermost end of that piece ; for next on John Sip we order that there shall Remain a common Road of a Chain broad and on the side of Dirck Freeland order We to be a drifth way of Two Roods broad, to know of that end of Thomas Iuriaensen his Land till on that end of Dirck Free- lands Lot, and then along the Cross Line till upon the Road by John Sip his Land.
Sixthly-That Land which lays between the line of New-wark and John Bradberry his Lott, to know the yore from the kill of, that order We to be laid out in 14 Lots, and then each one to draw according to what Right he hath in Achaquegenouch.
IOI
THE EARLY WHITE SETTLERS
Seventhly-That piece of Land which lays behind Hesse Retersse be- tween Dirck Freeland and Frans Post, we order to lay out in 14 Lots, and then each to draw therof to what Right he hath therein.
Eighthly-That Land which lays behind the first doubbeling Lots, from the line of New-wark of, till that Land of John Sip, We order that it may lay so long, till that every one hath drawn his part of all those before men- tioned Land, In case we should see that some body may be, who now already hath but little wood in both their lots, and not therewith provided in draw- ing of his part, that the same may be provided thereof, according as we shall find it to be Justly done, and then to lay the Remainder in a equal part, so that every one may draw for it according to his Right.
This then althus agreed and. Resolved to be amongst us above-
.1 the 7th day of Aprill Anno 17. . 4. In Witn whereof we named persons. . at the House of Simon Jacobse van
have interch ... . geable put our hands hereunto.
Simon van Winckell
the Mark Jan 1 Spier
of Thomas Iuriansen
Frans Post
Hessel Pietersse
A true Coppy Translated from the Dutch Originall.
Probably the only way to get at the exact meaning of this important document would be to translate it literally into Dutch, and then make a new translation into modern and intelligible English. However, it is obvi- ous that the committee attempted to make a fair partition of all the lands remaining in common, between the surviving patentees, their heirs and assigns, also confirming the subdivisions already made. John Verkerk, who made the maps referred to, and many others in this vicinity, was a son of Roelof (Janse) Verkerck, born in 1654, and who came to this country in 1663, and lived in a stone house torn down about 1880, near New Utrecht, Long Island. His son, who signed his name John Verkerk, owned and occu- pied his father's house on New Utrecht lane. He was employed as a sur- veyor on Long Island and vicinity.
For some reason not now understood, this last division was not satisfac- tory to some of the owners of the common lands. It is probable that the inatter was under discussion a long time before the partition was made, so that the dissentients were ready to go to law at once, in order to have a par- tition made that would be more agreeable to them. The suit was instituted in the Essex County Common Pleas, the lands in question then lying in that county. John Bradberrie, John Hendrick Speare, Cornelis De Riemer, Hendrick Speare, Adrian Post, Garret Post and Hendrick Garritson were the plaintiffs, and the defendants were John Courter (possibly an error for Curtis), John Sip, Christopher Steenmets, Harmanus Garretson, Hessel Pieterse, Michiel Vreeland, Jacob Vreeland, Claese Vreeland, Dirck Vree- land, Dirck Vreeland, Jun., Rineer Cornelissen Van Houten (not Van Hood, as given below), Thomas Uriansen, Roelof Cornelissen Van Houten, Symon Jacobs, Cornelis Lubbers, Francis Post and Peter Paulessen. There have
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PATERSON AND ITS ENVIRONS
been traditions among the descendants of the old families that there was such a lawsuit, but the only evidence of it that has been discovered is the following quaint summons in partition :
Province of l New-Jersey S
Essex : ss: Anne by the Grace of God Queen of Great Brittain, France & Ireland Defender of the faith &c: To our Sheriff of our sd. County of Essex Greeting, Wee Comand you that if John Bradburry, John Hendrick Spire, Cornelius De Rimer, Hendrick Spire, Adrian Post, Garrett Post, and Hendrick Garretson, all of sd County Yeomen shall secure you their suit to prosecute that then you Summonds John Courter John Sip, Christopher Stymers, Harmanus Garretson, Hassell Peterson, Michiell Freeland, Jacob Freeland, Clause Freeland, Direck Freeland, Direck Freeland Jun., Rineer Corneliuson Vanhood, Thomas Urison, Rooliff Cornelison Vanhood, Symond Jacobs, Cornelius Lubbers, Frances Post, and Peter Paulson all of sd County of Essex yeomen that they & Every of them be & Appear before our Jus- tices of our Court of Common Pleas to be held at Newark for sd County Immediately after our Court of Generall Quarter Sessions of ye Peace which begins on ye second tuesday In August next Doth End & Terminate, To shew why Whereas the sd John Bradburry, John Hendrick Spire, Cornelius De Rimer, Hendrick Spire, Adrian Post, Garret Post, Hendrick Garretson, and John Courter, John Sip, Christopher Stynmets, Hermanus Garretson, Hassell Piterson, Michiell Freeland, Jacob Freeland, Claus Freeland, Direck Free- land, Direck Freeland, Jun., Rineer Corneliuson Vanhood, Thomas Urison, Rooliff Cornelison Vanhood, Symond Jacobs, Cornelis Lubbers, Frances Post, and Peter Paulson Together and for Individed Do hold A Certaine Tract of Land with the Appurtenances on Pissaik River In the sd County of Essex Called Achquickenunck, They ye sd Defendants partition thereof be- tween them ye sd Defendants and ye Aforesd Plaintiffs According to Law and ye Custom of Great Brittain to be made Do Contradict and that to be done they do not permitt, lest Justly as is said, and have you then & there this Writt, witness Isaac Whitehead Esqr: our Judge of our sd Court at Newark aforesd the nineteenth day of May In the thirteenth year of our Reigne. He. Norris Clerk
Henry Norris was a resident of Elizabethtown, then in Essex county. He was clerk of the county for many years, and until his death in 1719.
The records of the Essex Common Pleas covering this era are missing, so that nothing has been learned of the suit beyond what the summons reveals.
The most important division made in 1714 was of the territory now comprising the greater part of the city of Paterson, being all that was left of the original patent, lying north of Wesel and south and west of the Pas- saic river. This great tract was divided into two nearly equal portions, sepa- rated by York avenue, now East Eighteenth street, which was therefore called the Dwars lijn, the cross line or division line. So late as 1892 there was still standing. just east of the Paterson Iron Works, a fence which was the last visible sign of this ancient and historic division. The tract lying east of East Eighteenth street, and extending to the Passaic river, was sub-divided into fifteen parcels, the division lines of which were parallel with what is now Park avenue. In the same manner, the tract west of East Eighteenth
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THE EARLY WHITE SETTLERS
street, or the Dwars Lijn, was sub-divided into thirteen parcels, Broadway being in the line between two of these farms, and the other dividing lines running parallel with Broadway. The northernmost of these farms west of the Dwars Lijn ran west to the river; those south of the present line of Broadway ran to the "steep rocks" of Garret mountain. Each of these farms, on both sides of the Dwars Lijn, was estimated to contain seventy-four acres ; but it is evident that these acres must have been of the Dutch sort, or mor- gens, equivalent to two English acres. This apportionment or sub-division was called by the old people the "Bogt Patent," or the Patent in the Bend- of the river, alluding to the fact that the river swept around on two sides of it. As already explained, it was not a patent, but merely a sub-division of the remainder of the lands lying in common of the great Acquackanonk patent. In time, the name "DeBogt" came to be applied mainly to the land lying directly in the bend of the river, now known as Riverside. The only map of the sub-division of this territory known to exist at the present time is a somewhat crude one, apparently copied from the original about 1745, show- ing the owners of the several farms about that time, instead of as they were in 1714. As this is the oldest known map of any part of the present city of Paterson it has been thought desirable to reproduce it on the following page.
This map, blotched with ink, and corroded with time, is evidently a rough copy of the original. The centre line, running north and south, repre- sents the Dwars Lijn, or cross-line, now East Eighteenth street. A note on the map says "the course of the lots is west 22 degrees northerly." The course now is about sixteen degrees from due east and west. A few notes as to the owners will make the map more intelligible to the reader of to-day. On the east side of the Dwars Lijn, or between East Eighteenth street and the Passaic river on the east, the owners were :
No. 1-Frans (Francis) Post ; south of People's Park.
No. 2-Hessel Pieterse.
No. 3-Abram Van Riper.
No. 4-Elias Vreeland.
No. 5-Arie (Adrian) Post.
No. 6-John Van Blarcom; his northerly line was the present Park avenue.
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