History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers, Part 10

Author: Snell, James P; Clayton, W. W. (W. Woodford)
Publication date: 1881
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1140

USA > New Jersey > Sussex County > History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers > Part 10
USA > New Jersey > Warren County > History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers > Part 10

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" THE TRIPARTITE DEED.

" THIS INDENTURE Tripartite, made the twenty-fifth day of July, in the fifth year of the reign of George, over Great Britain, France, and Ireland, King, etc, Inno Dom., 1713, between Robert Walter, of the City and province of New York ; Isaac Heks, of Queen's County, In the want province, Esq. ; Allain Jarret, of the City and province nforvssid, Es .. surveyor for, and in behalf of, the said province of New York, of the first part ; John Johnson, and George Willocks, of the Eastern division of the province of New Jersey, Bag., and James Mesaoder, surveyol- general of the audl Eastern diviston, of the second part; and Joseph Ritklu ble and John Reading, of the Western division of the sand prov- ince, and James Slevauder, surveyor-general of the said Western iliviston, of the third pourt: Wherens his said Majesty, the King, by letters Patruit minder the great send of the Province of New York, did Commissionate. antunize nto appoint the sald Hubert Walter and Isaac licks Comthis- Michere, and Allain Jarret surveyor of the province of New York, flest the raid Commissioners and surveyor, or nurvegara, appointed, or to le upprinteul, upon the part or behalf of the province of New Jersey, care- fully and diligently luspect and survey all such of tho streams of water that fim the river Delaware, which they, the onddl Commissioners, or

* Reichel, In " Memorials of the Mornviun Church."

SUSSEX AND WARREN COUNTIES, NEW JERSEY.

the surveyor, or surveyors, may esteem necessary to he inspected or sur- veyed; in order to find ont and determine which of the streams is the Northernmost branch of Delaware ijver, and that then, when such branch is so discovered, the surveyor, or surveyors, according to the best of their knowledge and understanding, chscover and find out that place of the said Northermost branch of Delaware River that lies in the Intitudle of 41 degrees and 40 minutes, which is the North partition point of New York and New Jersey ; and for the better preserving and perpet- uating the knowledge of the said partition point, the said Commissioners and surveyors, by the said Letters Patent are required to take notice of the most remarkable and conspienons plaers near to the said North par- tition point, whether they be rocks, hills, gullies, ponds, runs, or streams of water; and observe npon what course and distance such remarkable paces hear from the said North partition point; all which the said commissioners are required by the said Letters Patent distinctly to cer- tify under their hands and seals, unto the governor, or commander in chief of the province of New York, to be filed and recorded in the ser- retary's office of the said province of New York : All which by the Let- ters l'atent, bensing date the first day of May, in the fifth year of his said Majesty's reign, and in the year of our Lord one thousand seven Imindred and nineteen, and remaining upon the records of the saidl prov- ince of New York, may more fully and at large appear: And whereas his said Majesty by other Letters Patent under the great seal of the province of New Jersey, did commissionato and appoint the said John Johnson and George Willocks Commissioners for the Eastern division of the said province of New Jersey; Joseph Kirkbride and John Reading commissioners for the Western division of New Jersey, and James Alex- ander, surveyor-general of both divisions of the province of New Jersey nforesaid ; in conjunction with the Commissioners and surveyor or sur- veyors appointed, or to be appointed, upon the part and behalf of the bail province of New York ; that they the said commissioners and sur- veyors carefully and diligently inspect and survey all or such of the streams of water that form the said river Delaware, which they the said Commissioners, or surveyor, or surveyors, may estrem necessary to be inspected or surveyed, in order to find out and determine which of the streams of water is the Northermost branch of the said river, and that then when such brauch is so discovered, the said surveyor or surveyors carefully, according to their best knowledge and understandling, discover and find out that place of the said Northermost bianch of Delaware river that les in the latitude af 41 degrees and 40 minutes ; which is the North pur- tition of New Jersey aforesaid, and the point, us well, of the line of partitimm or dicision between the Eastern and Western division, as that place where the line of partition or division between New York and New Jersey ter- minates; and for the better perpetuating and preserving the knowledge of the said North partition point, the said Commissioners and surveyors for the province of New Jersey are required by the said Letters Patent to take notice of the most remarkable and conspicnous places near to the said North partition 'print, whether they be rocks, hills, gullies, ponds, runs, or streams of water ; and observe on what course and dis- tances such remarkable places bear from the North partition point; all which the said Commissioners and surveyors are further required as uforesaid, distinctly to certify nudler their hands and seals unto the gov- ernor or Commander in Chief of the province of New Jersey afuresaid, to be filed and recorded in the secretary's office thereof; all which by the said last recited Letters Patent, bearing date the last day of March, in the fifth year of his Majesty's reign, in the year of our Lord one thon- sind seven hundred and nineteen, and remaining upon the public records of the said province of New Jersey, may fully and at large appear.

" Now this Indenture witnesseth, that the said Commissioners and snr- veyors, as well upon the part and behalf of the province of New York as upon the part and behalf of the province of New Jersey, in pursuance of the trost reposed in them by the several and above recited Letters Patent, mider the great seals of the respective provinces of New York and Now Jersey : having curelully and diligently inspected and informed thet- selves which of the several and respective branches of the said river uf Delaware is the Northermost branch thereof, do find, and therefore by these presents do certify, and dlechue, that that stream or river which is commonly called or known by the name of the Fishkill is the Northern- most branch of the said river Delaware: And further, that they the said Commissioners and Surveyors, according to the best of their knowledge und information, do esteem and believe the said Fishkill to be the biggest and dropest stream that forms the said river Delaware: And whereas the Haid Allain Jarret and James Alexander having taken repeated observa- tion, a well nigh adjoining to the said Fishkill, or the Northernmost branch of the Delaware river, as in sundry other phes, in order to ilis- cover that place in said Northernmost branch that fies in the latitude uf 41 degrees and 10;ty minutes; and that they the mid surveyors, accord-

ing to the best of their skill and understanding, having discovered the sumie to be upon that place of the said Fishkill, or Northernmost branch ot the Delaware aforementioned; therefore they the said commissioners and surveyors do certify by these presents, to all whom it may concern, that the said North partition, or division point, upon the Northernmost branch of the river Delaware, between the provinces of New York and New Jersey ( which likewise is the North partition point between the Eastern mul Western divisions of New Jersey) the latitude of 41 degrees and 40 minutes, upon the East side of the said Fishkill branch, j4 upon the low land in the Julian town called Casheightouch ; which Indian town is distant from Thomas Swartwont's house, at a place known by the name of Pin- peck, near to Mahackamack river; 29 miles and a quarter, upon a stinight comse, North 44 degrees 20 minutes West, by the magneticnl position ; or a course North 52 degrees 20 minutes West, by the true pu- sition, from John Dicker's house, at the place called Tetendal, by said Mahackamack river, about 29 miles and three-quarters, upon a course North 35 degrees West, by the magnetical position ; or upon a course North 43 degrees West, by the true position, and upon the several courses by the Indian paths, from said Dicker's about 35 miles and a half'; which point of intersection of the Intitude of 41 degrees aud 40 minutes upon the said Fishkill, or Northernmost branch of the river Delaware, is dis- tant 38 chains (reckoning four perches to a chain) from the mouth of a brook known by the In lian name of Lamackanock, and at all times conting to be called or known by the name of Station Brook ; which falls from the hills at the entering in of the Indian paths to the said town, Cashietonck. upon a course nearly North 5 degrees 45 miuntes West, by the magnetical position; and upon a course North 13 degrees 45 minutes West, by the true position; which point of intersection is 99 chains and a half, reckoning four perches to a chain, from a large stone or rock, the greatest length of its superfices being about eleven feet and three inches, and its broadest part about seven fect three inches; lying partly in and partly ont of the water upon the bank of the said branch called Fishkill; upon a course Sonth 10 degrees 45 minutes East, by the true position ; which stone is marked with the letter M, and is 1317 chains distant front the month of the said brook, upon a course North 78 degrees 40 minutes East, by the tine position : at which stone or rock the lowland ends, and the hills come close to the said Inanch or river Fishkill ; the courses and situation of the said brook, and of the said river and hill, from the said brook to the stone aforesaid, will better appear by the draught to these presents annexed : In testimony whereof the said parties to these indon- tures have put their hands and seals, the day and your first above men- tioned

" R. WALTER [L.S.]. " ISAAC IlICKS [L S.]. " JOHN JOHNSON [.L.S.]. "GRO. WILLOCKS [L.S.]. "JNO. READING [1 .. 8 ]. " ALLAIN JARRET [L.S.]. " JAS. ALEXANDER [L S ].

"Sealed and delivered in the presence of James Steel, John Harrison. "I certify the foregoing to be a true copy taken from Lib. D 2 of deeds, page 276, in the secretary's office at Burlington.

" ILIRBERT M'ELROY fur BoWES REED, Sec."

II .- ACTION OF THE COMMISSIONERS FULLY AP- PROVED.

The year following the establishment of the north station-point by the commissioners and surveyors,- viz., April 9, 1720,-their action was fully concurred in and ratified by the proprietors of West Jersey, as the following extract from the minutes of their pro- ceedings of that date will attest :

" "The managers appointed by law for the running and ascertaining the division-line between the Eastern and Western divisions of this province -viz., Imate Sharp, James Logan, Thomas Lambert, and John Reading -met this day with the Council, and agreed with them that the whole smi of live hundred pounds (mentioned in a former minute, mudo the sixth of Muy last) be forthwith raised, in order for the prosecuting of the snid affair according us the Inw directs, with all expedition, for which an mivertisement is prepared, signed by the said managers or Commissioners, and James Logun Is desired to procure the same to be printed and pub-

* Prol ally John Decker, as the Deckers were among the first settlers in that neighborhood, and the name of John Decker nppems in the Dutch (Imrch records as a dencon of Muchhackemack Church in 1741.

PARTITION-LINE BETWEEN EAST AND WEST JERSEY.

lished without delay. And wherens the Northern or Station-point upwon Delewaro was Inat your fixed by the Surveyor-general, Joseph Kirkbride, and John Rending, appointed Commissioners by the governor under the gront soul, which snid point being fixed, there renmins now on the part of this division only to run the partition-line between the Eastern nind Western divisions of this province: In order thereunto, it is ngrred by the Commissioners that notice be given to the managersor Commissionera of the Eastern division of the resolutions of the managers of this divi- sion : and that they may be desired to agree on a certain day to mert the Western managers nt Nathan Allen's, or Bewarrick's, to concert men- ures for the running of the sald line, necording to the tenor of the net ; accordingly, a letter Is wrote, enlecithed by the managers, directed to the manager of the Eastern division, derhing them, with the surveyur-gen- eral, to meet them at Nathan Allen's on the Bath Instant, which briter in delivered to David Lyet, one of the snid Eastern managers, who lippened to lu. here present : and all the managers and receivers are deshed to use their utmost diligence in receiving or colloeting all the moneys they can, according to the tenor of the said advertisement, and that each produce their necounts against the next meeting, in order to have a general ite- count framed for the last year according to the direction of the raid act."

III .- SURVEY OF THE PARTITION-LINE.

Although the West Jersey proprietors were anxious at this time to participate in running the partition- line, it appears that they were not able to raise the necessary funds, and so let the matter drop, paying only their proportion of the expense of establishing the north station-point. After many years of delay the East Jersey proprietors assumed the responsibility, and in 1743, through their commissioners, Andrew Johnson and John Hamilton, employed John Law- rence to run the division-line. The following is a copy of Mr. Lawrence's commission :

" WHEREAS by an net edf the General Arseuldy of the province of New York, passed in the fifth year of the reign of King George the First, John Hamilton and David Land, George Willcocks and John Harrison, and the survivor of them, were appointed Commissioners or managers for the Enstern division of New Jersey, with power to appoint the surveyor- general, and much other surveyors and fit able persons as should ho judged necessary for running the partition-line between the Eastern mil Western divisions of New Jersey : And whereas the said John Hamilton is the only surviving Commissioner newinted by the soll act ; and wherens the sudd net gives power to the governor for the time being to appoint other persons in the place of such of the Commissioners nforesnid us whouid refuso to serve or should die ; and by virtue of that jewwer Au- drew Johnson, Kay,, has been appointed a Commissioner; we therefore the said John Hamilton and Andrew Johnson (by virtue of the power vested in us) as nforesaid, and by and with the advice of the catteil of proprietary of the Eastern division, have appointed John Lawrence, deputy-surveyor, upon outh, to run, mark, fx and areenain the sand jual- tition-tine, pursuant to the snid uct of Asarmoldy, and to munke tetuin theroof to us with all convenient expedition ; with power to him to eu- play and chuse fit und able petrus, upon onth, to assist lum in toutdig the said partition-Bne, med mutking and ialsing monuments on the samo; nud in performing the said work he is to observe the instructions hnewith delivered to him.

" Given under our hands and seuls nt Perth Amboy, the Both of Au- gust, 1743.

"ANDREW JOHNSON [I .. ]. " JOHN HAMILTON [ON ]."

The following is a copy of the oath taken by Mr. Lawrence before a magistrate :

" i will well and truly execute the within Commission to the best of iny skin, judgment, and knowledge.

" So help me (inkl. ".JOHN LAWRENCE."

From the instructions accompanying the commis- sion we make the following extracts, certified as a correct copy :

" Ist, With this you will receive a Commission tu yon for running the partition-Hno between East and West Jersey, to the execution of which you will lee sworn, as In the draft of the oath on the back theirof.

" 24. You are to emplay Martin Ryerson, or Gershom Mutt, or me other, as an assistant surveyor, if you think joper; and alos jonquer chain-bearers and markers; all which are to be sworn, or affirmed, truly tu fuerform the office you enjoy them in, nud to have n certificate uf these months or affirmations inderred on the lack of your righed by the tuagistrate who admluistera tho oath or affirmation to them, before you proceed to the work. Only in case when you are on the work, by tama of the knees or otherwise you find occasion to employ name of other per- sans than at first you intended, you may proceed with them till you come near the Intitution of a majistrate, and then cause them to be sworn or nflirmed before him, that they have hitherto well aund truly executed, and that they will we'll and truly execute, the office you have employed theor in to thee løst of their knowledge: And you are to direct the chain-twarera in chaining to hold the stake they are next to put in the ground in the same band with the chain, aud within thice or four inches of the end that they are to push in the ground, and stretch the elmin at setting it in the gunind, nud to direct the marker to mark the trees, as shull hereafter lw mentioned.

" The foregoing are true cofdes and extracts :

" JASES PARKER."

In running the partition-line, Mr. Lawrence started at the designated point on the east side of Little Egg Harbor, and ran a random line to the north station- point, at Cochecton. He then found the station- point established and marked by the commissioners in 1719, and, taking his bearing, returned, making his corrections and marking the true line southward to the place of beginning. We take a few extracts from his field-book while running the line through Sussex County.

[" Extracts from the original field-book of John Lawrence taken 22d Angust, 1841, during the progress of a trial between Ira Fuller and Jonathan Oliver. The extracts commence near the Mu-conetcong, on the random line, and continue to the Delaware. Also the return line from the Delaware River to the Mus- conetcong."- By Mr. D. Ryerson.]

OKTOBER TILE 9TH, 1717.

Fırın BOUK

91 Mª. AA Bo Onk nhout 2 feet diameter on the N. side of the muhh. tain hear the foot, on the S. side of Muscoheteung river, at att ch. The river nimmt 75 La wide, bears alt. N. 50 E. At 70 the top of an high hill.

25 A White Oak niet 9 Inches diameter; the ground descends West- wand; nt 48 ch. a small brook, running Eastward ; nt 32 an Indian Wigwam I ch. Fant.

96 A Red Onk utit 18 inches Diameter, 11 L. Westward on a hill ; the ground descends N ward.

97 A Red Oak af't 1's foot diameter. The ground descends part Northerly and part N. Easterly. At 37 a Grossy Fond ti ch, wide and al't 10 lung ; bears allt N. E .; an old beaver dam atit 10 ch. Inlow ; S. W. a branch of Pequest called Mamuche.

" A Red Oak in a small plain alet 16 Inches diameter, Go I. Fast of the hue, At &T a branch of l'equest, runs ab'e W. and nie t :31 b. wide.

99 A White Onk stake in a pdain on the N side of n largo Branch of Request. At 1och the N oage of a jduin, the Mountain begin-,

Box An Sch Sapin alet 4 In. diminter, on the N. alde of some low Awinpy grunnd. Left off and went to a house belonging to Rh h4

Ort, 10th, 143. At 60 ch. a bung meadow al't 10 ch. wide and M ch. long: lui alot W. A neck of land about 10ch. wide ; the point pormol to Iw abuut 10 ch. Weat.

. The numbers in the margin Irpresent miles Inan the southern point nt little Egg Harbor, The chains mentioned In the lines are so many chatta, or eightieth ports uf a nule, wer tho Inst mulle Agute represented in the margin, or so Juany i bains ed the next mile run.

SUSSEX AND WARREN COUNTIES, NEW JERSEY.

101 A Maple standing ia a large swamp ou the South side abont 10 Inches diameter. At 10 a brook abont 25 L. wide ; at 23, the N. sid of the meadow, a White Oak nader the edge of the hill.

102 A White Oak ab't 12 Inches diameter. The ground descends N. Easterly.

103 A Black Oak ab't 14 inches diameter, and 20 ch. S. Easterly on the edge of a hill, on the N. side of a swamp. At fis ch. a round about 5 ch. East. At 74 ch. a notch in the ufountain. Bore N. 88 W. the last half mile. Good Land.

104 A Spanish Oak ab't 18 inches diameter near the foot of a very steep hill; the ground desceudle Northerly. At 58 ch. a branch of Tock- hockconetconk (Paulinskill) about 6 foot wide; bears ab't West; crossed it about 12 ch. E. of a large spruce pine. At 67 Tockhock- cometeonk about 70 L. wide. Bure S. W.

105 A White Ouk ab't 112 fout diameter. The ground descendst East- erly-steep.

106 A White Oak Saplin about 5 In. diameter, 4 ch. S. of a large pond of water, by estimation 100 Acres .*

Traverse Course Round the Pond.

1 N. 59 E. 33.

2 N. 5, 45 E. 14.

3 N. 55, E. 18.

4 N. 23 E. 8, 25.

5 N. 612 E. 9.

6 N. 16, W. 24. 7 8. 78 W. 4. 8 N. 66 W. 36. 9 S. 86, W. 53 to the line continued. At 3916 a small brook.

107 In the aforesaid Pond.

108 A Black Oak nb't 112 foot diameter, 1 ch. S., the ground southerly ; at 45 a Red Oak saplin marked E. & W. with a blaze and 3 notches, done this smnmer. At Gl a small brook, iuns S. Easterly. Pretty good swamp.

109 A White Oak ab't 10 Tuches dianieter ; the ground descends S. East- erly. At 15 a brook about 6 feet wide. Bore about S.S.E.

110 A Red Oak ab't 2 feet diameter. At 41 a small bog on the N. side 9 ch. wide. Now we begun to ascend the Pahaqualin Mountain; it bore S. 28 W. At 70 a very steep ascent-n mere body of rocks.

111 A crooked Spanish Oak among the steep rocks the southerly side of the mountain.

112 A Spanish Oak on the Northerly side of the mountain, about 3 ia- ches dinmeter, 18 foot westward of the mile end.

113 A pine tree 1 foot diameter 114 ch. southard. At 20 links Eastward the ground descends N. Easterly. At 1212 a brook 40 links wide, nb't S. 80 W. Good low Lands, 10 or 12 cb. wide on the N. side of brook.

114 An Ash ab't 6 In. diameter standing in a small gully. At 58 ch. Deluwure River. Bore about S. 85 W., 5 ch. wide. At the bank on Delaware a Black Oak ab't 15 Inches diameter, leaning over the siver, marked 114 and 58 ch. ; stands 10 L. W. of the river. In Pa Hendrick Van Gorder's house about 14 of a mile, and Abram Cura- man's abve the place where the line comes to the river on the eonth side ; at 114, 75 ch. Bower Decker's house. Bore E. 30 L. Continued 150; miles to Station Point, near Cochecton on Delaware."

FRIDAY, Oct. 21et, 1743.

FIELD BOOK TRUE LINK

Began where the random line crossed Delaware River at the end of 114 m. 58 ch., thence run a perpendicular N. 8014 E. 69, 10 L. to the true line. Course N. 9.19 W. 22 ch. The 115th mile an Elm about 1 foot diameter in a small bushy gully. Running S. 9, 19 E. 66 ch. from the 115th mile. Flatbrook about 50 Ls. wido, a pleasant stream; conrse S. 9, 19 E.

114 A forked White Oak abont 3 feet diameter, 14 ch. southerly of Flat- brook in the low lands on the Northerly side of the Pahaqualin Mountain.

113 A pine al't 1 foot dinmeter, 45 Ls. west of the line on Northerly side of the mountain.

112 A Spanish Oak al't 1 foot dlameter, on the Northerly side of the mountain.

111 In the edge of a pond on the S. side of the mountain.

110 A hickory about 9 In. diameter, 20 Ls. W. of the line. At 67 a large Spanish Oak marked with a blaze and 3 notchee ; supposed to be a corner tree of a survey made ab't 2 years ago-ab't 3 feet diameter.

109 A hickory about 9 Inches diameter ; about 15 Ls. West a heap of stones at the mile end. At 7412 two Beach trece marked in line, the E. side of a run of water.

108 A White Oak ab't 1 fout dinmeter. Ground descends N. W.

107 In a large Pond. (Saturday laid by-very rainy, come snow.)

OCTOBER 234, 1743.

106 Offset from White Oak saplin in the random line aforesnid 63.34 to a Black Oak ab't 112 foot diameter, 25 lin. Southwardly of the end, with a stone at the foot of it. At 63 good land about 8 chs. wide upon Tockhockanetconk (Paulinskill). At 6512 the brook-two dogwoods 5 In. diameter, growing from one root marked for eide lines; on the N. side brook crooks.

105 A White Oak about 2 feet diameter, on the hill on S. side of Tock - hockanetcunk ab't 14 ch. Valley about 4 chains wide. Good land on a branch. At 40 another valley-tolerable good land Eastward of the line.

104 A Spanish Oak ab't 112 feet diameter. Gronad descends steep Northerly 75 Ls. S. S. E. of mile end. At 14 ch. a small run of water; at 50 a red oak marked, on top of the hill in the line. Last half mile good land.

103 A hickory ab't 8 Ia. diameter. Ground desends Southerly.

102 A heap of stonee on a cluster of rocks on the Westerly side of a hill. . A White Oak ab't 8 In. diameter about 18 Ls. Westerly of the stones. At 50 a brook about 12 ch. wide issuing from l'equest spring through the meadow-said spring about 20 ch: W. and said brook abont 5 ch. above the meeting of another brook near as big-very difficult to get over.

101 A White Oak all't 12 In. diameter on the edge of a hill of limestone.

100 A White Oak ab't 1 foot diameter, 6 feet S. S. W. of a heap of stones at the mile end. At 58 Pequest, 50 La. wide. N. B .- the last half run through Robert Chapman's land.

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History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers, Part 10

Author: Snell, James P; Clayton, W. W. (W. Woodford) Publication date: 1881 Publisher: Philadelphia : Everts & Peck Number of Pages: 1140

Author: Snell, James P; Clayton, W. W. (W. Woodford)
Publication date: 1881
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1140