History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers, Part 11

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 11
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 11

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99 A hickory ab't 16 In. diameter ou the S. by E. side of a large rock 2 ch. Westward of the mile end.

98. A hickory ab't 16 In. diameter, 2 ch. Northerly of a heap of stones. At 20 ch. the brook Alamuche.

It will not be necessary to follow these field-notes farther, as nothing of greater interest than the mile- marks occur in the remaining few miles of the line through Sussex County. The surveyor records the fact that "every mile the true line inclines towards the random line 60,23, links." The line-trees in the random line were marked with three notches on two sides. The side-trees were marked with one blaze looking towards the lines. The mile-trees were marked respectively with the number of each mile and with three notches on four sides. The course of the line is 9º 45' west, according to the magnetic position.

IV .- TRANSFER OF ESTATES FROM EAST TO WEST JERSEY.

The effect of the establishment of the partition-line between the eastern and western divisions of New Jersey was to unsettle many titles to lands which had previously been given by the respective proprietors. Many grants made by the West Jersey proprietors were found to be in East Jersey, and vice versa. It was, however, mutually agreed that in such instances equivalents should be given to the owners out of any of the unsurveyed lands on the other side of the partition-line, and this began to be carried into effect soon after the Lawrence line was surveyed. The minutes of the proceedings of the proprietors

* Swartwood Pond.

+ This refers to the distance from Little Egg Harbor. Honce Cochec- ton, or the north station-point, is 36 miles above where the Lawrence Ilne strikes the Delaware River.

PARTITION-LINE BETWEEN EAST AND WEST JERSEY.

abound with instances of such transfers, a few exam- ples of which we give from the West Jersey records, relating chiefly to Sussex County :

" FEBRUARY 17, 1745.

" Wherens, information was given to this board by John Reading, deputy surveyor, that two surveys formerly made by him, the one for Samuel Nevill, of 1700 neres ; the other for .knoph Surket, of 500 neres, happen to fall on the East side of the line run by John Lawrence for the division-line of this province; therefore craves leave to relvente the like quantity of land In some other place of the sald Western division.

" Granted accordingly."

" Alorsr 3, 1749.

" Information being given to this board by John Rending. Esq., that the line run by John Lawrence cuts off n truet of land formerly anr- veyed to Thomas Lambert, deceased, from the Western division; for which renson the devisees crave lenve to relocate in some other purt of the sail division the quantity of - acros In liou thereof.

" Leave granted accordingly."

" AUGUST 7, 1752.

" Thomas Wetherill applied to this board for a warrant to take up 25 neres of land, in lieu of 25 neres, being the ono-fourth of 100 Reres wur- voyed to Thomns Wetherill, Isaac De Cow, John Lyon, andl Gershom Mott, which by the running of the line between East and West Jersey by John Lawrenco, lien on the East side. John Reading, Esq., assured this board that the above 25 acres dil fall to the East side of mid line; therefore a warrant was ordered, which was granted accordingly."

" FEBRUARY 1, 1757.

" Joshua Opilike fald before this board one survey of 140 neren, made by Samuel Green for snid Joshua Opdike, situato in the County of Sussex, arul is recorded in B. B. 212, 213, which appears ou the East side of the true Qmotipartito line run by John Lawrence ; 73 acres of which be hns sinvo purchased an East Jersey proprietary right [to] and Juid; therefore craves n warrant to Jucato the sumo 140 acres elsewhere; and a warrant was granted accordingly."

" FENAUARY 4, 1702.

" The ngent of the London Company, by John Benumont, applied to this board for o warrant to relorute the quantity of 159 acres, in part of 168 acres that were formerly surveyed to the said Company in the Coun- ties of Sussex and Morris; which said land was laid out to sald Company some time in the year one thousand seven hundred and forty, and re- corded In the Surveyor-general's offleo, in Lib, Mn. fol, 254, and upon the report of John Rockhill, deputy -surveyor, it appears that 159 acres, part thereof lieth to the Eastward of the Quintipartite line; therefore it is ordered that a warrant issue front this board to the snid Company, by the directions of their agents, for to relocate the sabl quantity of 159 acres. A warrant was ordered, which was grunted accordingly."

We also take the following extracts from the war- rants and surveys of the West Jersey proprietors :

" Extract from 148 acres surveyed for John Hackett, the return where- of is dated 18th of March, 1759, beginning ut a stone corner, it bring the South East Corner of a tract of land contuining 400 seres, and is sur- veyod for the said John Hackett und stands neur or in the division-lino Inte run by John Lawrence from theure, &e. Witucss my hand the 12th day of September, 17:5. 59

" DANIEL SMITH. JUN., Surveyor-General. " May the 9. h, 1760, Inspected and approved by the Council, &c. "JOSEPH HOLLINGSHEAD, Clerk."

" Extract from Joshua Opdyke's 53 neres and one-tenth, being at a heap of stones in the division-Hno between East and West Journey, belug n corner of land formerly surveyed to Richand Green, and runs, &e., to n heap of stones in the sabl division-line, thenco nlong the same South 10 degrees Kant 12 ch. Witness my hand the 7th day of November, 1759.

" DANIEL. SMITH, JUN., Surreyor-General. " Feb. the 7th, 1760. luspocted and approved by the Council.

"WILLIAM HEKLING< Clerk."

" Extract from 167 nores and sixty-two-hundredths, surveyed for John Spratt, lying upon the Kast NIde of Delaware river, beginning where a tract of low land onds upon the rivor, and where the oplait comes to the river ; being about 285 chains on a straight line from the North partition of New Jersey, and from thence, &c. Witness my baud the 31st day of August, 1747.

" JAMES ALEXANDER, Surveyor-General.

" Folnunry the 5th, 1747. luspected and approved of, and ordered to bo rocorilud.

" JOSEPH DE. Cow, Clerk.

" W'est Jersey, as,

" (Senl.) To the surveyor-geurral of lands for the divisions afuremnid, or his lawful deputy, greeting : Yon, or either of you, aru required to sur- vey to and for John Jules the quantity of 313 acres of hopl. anywhere in the Western division of New Jersey, being lawfully pur hused of the In- dans, and not before lawfully surveyed; which is in Hou of a former sur- vey male and recorded, and now appears to bo ju the Eastern division. Dated the 6th of February, 17-47.

" Surveyed to Jobn Sprutt 259 seres and twenty-hundredths, beginning at the upper end of a piece of low Iund upon the river Delaware where a high hill comes to the river, at about 410 chains distance on a straight line from the North partition point of New Jersey ; and from which he- ginning the river bears upwards upon a North course for 30 chains, with high cliffs on the West side of the river, and from the said place of be- ginning ranting &c. ; the corner of this truet are those which the Mog- betical Compas pointed in the year 1719, the variation bwing then olserved at the North partition point to be eight degrees Westerly. Witness my hand the 3d day of August, 1747.

" JAMFA ALEXANDER, Surreyor-General, " Inspected und approved of, and ordered to be rocordell.

" JOSEPH DE COW, Clerk. " West Jersey, ss.

" (Soul.) To the surveyor-general of lands for the proprietors of the di- vision uforexabl, or his lawful deputy, greeting : Yon, or either of you, are horeby required to survey for William Coxe 1100 arres of land in uny part of the Western division of New Jersey, where lawfully purchased of the Indians and not before legally surveyed. It being in Hon nud instead of 1100 wres of land which ho chims In virtue of the will of his father. Col. Daniel Coxe, and his brother John Coxe; the sald 1100 acres being part of 1600 neren formerly surveyed to the said Col. Daniel Coxe, nud which is found to bo in enst Jersey, withlu n former survey called the Pepack patent. Dated the 17th of August, 1754.

" A warrant to John Scott, and his wife Sarah ( who was legatee of John Budd) the quantity of 860 acres, in liou of the like quantity labi ont for John Simpkins in five surveys to the Eastward of the division-lino. Buted the 5th day of Angust, 1756.

" A warrant to John Opdyke, the quantity of 140 neres of land, uny. where in West Jerwy, in lieu of tho like quantity surveyed in East der- sey. Dated the 3d day of February, 1757.

" West Jersey, an.

"(Seal.) To the surveyor-general of latila for the division aforesaid, or his lawtul deputy, greeting : Yon, or either of you, aro hereby required to lay forth and survey to and for William Coxe, Daniel Cove, Rebecca Coxe, und Grace Coxo the quantity of 670 acres of land, anywhere in the Western division aforesaid, in lien of so much ent off by the East and West Jersey line, on a trart formerly surveyed to Col. Coxe for 1000 uvres on the Pauline Kill, in Sussex County. Dated the 5th uf November, 1782

" Extract from 204 aeres surveyed for John Emans, beginning at a black ouk standing by Delaware river ; being a corner of a tract of land for- merly surveyed to Joseph Kirkbride, thence down the aund river, &e. Witness my hand this 26th day of April, 1731.

" JAMES ALEXANDER, Surreyor-General.

" Burlington May 5th, 1731. Inspected and approved the alvo survey by the Council of proprietors, and ordered to be entered on record. " Testis JUus Brun, Clerk. " Extracted from the record in Lib. M, folio 107,

" N'est Jersey, m.

(Seal.) " To the Surveyor-general of lands for the division nforrent, or his law ful deputy, greeting : Yon, or either of yon, aro hereby probel to Iny forth and survey for John Evans 2:4 acres anywhere umappropri- nteil in sald province, in Hon of the like quantity surveyed to the mid Enowas, atul recorded in Lib. M. follo 107, and is In East Jersey ; wherein yon are to observe the rules and orfer prescribed by the Council of prut prietor for the surveying of funds, and make return for such paris thereof, that shall be surveyed to the next Council after the survey of the Name ; aw for you, or either of you, no ding, this shall be your sufficient warrant. In testimony where we have cause the seal of the Commal of proprietor to be berounto affixed. Witness John La.b, Ex.j., preblent of the t'onne il, this 31 day of November, Anno Dom. 1761. Ry ordor uf the Council.

" WILLIAN HEWLING, Clerk.

" A warrant to Grure Cuxe, devlere of Cul. Core, the quantity of 360 nie, anywhere in the Western division of the province aforest, In Hen of tho like quantity that has been located in East Jersey. Dated the 23th of October, 1765.

SUSSEX AND WARREN COUNTIES, NEW JERSEY.

" The foregoing are true Copies and extracts from the warrants and books lodge at Burlington, in the surveyor-general's office for West Jer- sey.

" ROBERT SMITH, Surveyor-General for West Jersey."

V .- MOVEMENT FOR A NEW PARTITION-LINE.

Up to the time of the settlement of the boundary- line between New Jersey and New York, in 1772, the quintipartite division of New Jersey was ac- eepted and acquiesced in by the proprietors of both the eastern and the western sections. In a petition presented to Governor Burnet, in August, 1725, the proprietors of West Jersey say, "That it is only by force of this agreement and partition, executed as aforesaid, that the proprietors of the Western division are limited to the Western part of the said province, on the side of the Delaware; and that the proprietors of the Eastern division are limited to the eastern part of the said province towards Hudson's river and the sea; for had no such division been agreed on, as is recited in all the respective deeds of conveyance to the proprietors, those of the Western division might with an equal right have claimed the lands towards Amboy, etc., and those of the Eastern might have claimed the lands towards Burlington. But the said Quintipartite indenture being executed as aforesaid, before the sales to the proprietors were made and re- eited in all the deeds of conveyance, became an abso- lute limitation, so that neither on the one part nor the other any purchaser could claim otherwise than ae- cording to that limitation, by which their lands were actually conveyed.

" That notwithstanding this legal, elear, and abso- Inte partition, which is binding on every proprietor of the Eastern division, and at least on all the nine- tenth parts of the Western division, sold by Edward Byllynge, or his trustees, and from which those who are skilled in law well know it is impossible legally to recede without the joint concurrence of every individ- ual interested in the purchases made under Edward Byllynge and trustees, and under Sir George Carteret ; for it is well known that no majority without the whole will in those cases determine the point; yet there have been some persons found from time to time who, on partial views to themselves, have labored to intro- duce some other sort of division, and considerable numbers have been so far unhappily imposed upon as to imagine a change thereof might be practicable; from which unfortunate deception attempts have been made to alter it, and some lines for that purpose have been run and settlements thereupon made without due regard to the bounds of the respective divisions, which introduced such confusion that the value of lands near the boundaries have been much lessened and the people discouraged from making improve- ments, where the right to the soil itself was liable to be questioned as not lying within the division under which it was purchased."

The petition from which the above extraets are taken is signed by "John Ladd, for himself and Col.

John Allford ; John Budd, for himself and Boulton ; John Kay, William Cooper, Francis Rawle, Jr., Charles Brogden, Samuel Lippincott, John Snowden, Jr., Isaac De Cow, for himself and Samuel Barker; Matthew Gardiner, Isaac Pearson, William Pancoast, William Biles, Isaac Watson, William Rawle, Thomas Sharp, for himself and John Dennis; John Estaugh, for the London Company; John and William Dimsdale, Peter Rich, Benjamin Hopkins and self ; William Bid- dle, Hugh Sharp, Henry Hodge, Robert Rawle, George Budd ; James Logan, for proprietors,-William Penn's family, 12; John Bellers, 1; Amos Stuttle, 1; myself, one-third; Richard, for Nath. Stanbnry ; Mary Will- son."

No formidable effort was made to change the Law- rence line for fifty years, or until after the boundary- line between New Jersey and New York had been settled. This line, as will appear in another chapter,* was established, not at the north station-point, as as- certained and defined in the tripartite indenture agreed upon by the commissioners both of New York and New Jersey, and in accordance with the express stipulation of the original grant of the Duke of York, but was brought down to the present termination of the State line on the Delaware at Carpenter's Point, taking off from New Jersey over two hundred thousand aeres of land. When this line became fixed, the pro- prietors of the western division of New Jersey began to agitate the question of changing the quintipartite or partition-line to correspond therewith, alleging that, at whatever point the boundary-line terminated on the Delaware, the partition-line should terminate there also. Hence originated the proposed line of 1775. In January of that year the proprietors of West Jersey presented a petition to His Excellency Governor Franklin and to the council and Assembly of New Jersey, praying that the partition-line so long established between the respective sections of the province might be changed. The petition set forth,-

" That in and by n certain feed of indenture Quintipartite, made the first day of July, Anno Dom. 1676, between Sir George Carteret, of the first part ; William Penn, Esq., of the second part; Gawen Lawrie, of the third part ; Nicholus Lucas, of the fourth part; and Elward Byllynge, of the fifth part, then sule owners and proprietors of the whole province of New Jersey ; thoy the said Sir George Carteret, William Ponn, Gawen Lawrie, Nicholas Lucas, and Edward Byllynge did agree to make a par- tition between them of the said province,

" That in pursuance of the said agreement, an actual partition of the Anid Province was made between the said proprietors, and mutually re- leased to each other, viz .: One ehare or portion thereof to Sir George Carteret, called East New Jersey ; and the other part thereof to the said William Penn, Gawen Lawrie, Nicholas Lucne, and Edward Byllynge, called West New Jersey ; the line which snid partition was by the enid proprietors, parties to the said indenture Quintipartite, mutually under- etood, intended, agreed upon and fixed, to he a straight line, to run from the most Northerly point or boundary of the province of New Jersey, ou the Northernmost branch of the river Delaware, unto the most Sontherly point of the East side of n cerinin inlet, harbor, or bay, on the sen coast of the province of New Jersey, commonly called and known by the name of Little Egg Harbour."

After reciting briefly the history we have gone over in a former part of this chapter, the petitioners say,-

" Chapter XVII., on the "Boundary-Line Controversy."

PARTITION-LINE BETWEEN EAST AND WEST JERSEY.

" That your petitioners being the present owners and proprietors of the wild Western division of New Jersey, under the nforesald Byllynge and trustees; having long anxiously waited for on event wherehy the true point of partition between the sald divisions might be permanently fixed and determined, and which by the said last mentioned act, con- frmed by his Majesty und Council, is now happily established, have fre- quently and pressingly minde overtures and proposals to the proprietors of the Eastern division to have the suid Quintipartite Line exactly and truly run. . . . Your petitioners therefore . . . do earnestly entrent the kind interposition of the legislature of this province, and submult to their wisdom to frume and pass such a luw for the final settlement of the said line. . . . "

This, on account of the Revolutionary war, was laid over, and was never acted upon by the Legisla- ture. A petition of similar import and intent was presented to the Legislature in October, 1782, signed by Joseph Reed, for the West Jersey Society and him- self; Jonathan D. Sergeant, Clement Biddle, Daniel Ellis, and Ebenezer Cowell, "a committee specially appointed to this service by the Western proprietors." The proprietors of East Jersey sent in a counter-me- morial in June, 1783, setting forth the history of the Quintipartite Agreement and defending it as a final settlement of the partition-line in the words follow- ing :

" That Charles the Second, as King of England, was entitled to the continent of North America, from the north Intitude of twenty-five de- green to sixty-seven nud a half degrees, by virtue of the first discovery and subsequent possession thereof by subjects of the Crown of England, projwerly authorized ; which right then was and always since has been universally acknowledged, and is the foundation of every title to land within this Stute.

" That Charles the Second, being so entitle 1, granted to his brother James, Duke of York, all that truet, of country which now comprehends the States of New York and New Jersey.

" Tlmat the Duke of York, being so srized, did on the 24th of June, 1601, by proper deeds and insurances in law, grant nul convey to John Lord Berkley and Sir George Carteret, their heirs and assigns forever, part of the suld tract, lying and bring to the Westward of New York island, and bounded on the East by the main sen and Hudson's river, on the South by the ocean, on the West by Delaware bay and river, and extending . Northward as far as the Northermost brauch of the said bay or river of Delaware, which Is in 41 degrees and 10 minutes of Intitule ; and from thebee in n straight line to Hudson's river, in 41 degrees of Intitude, which add tract was afterwards known by the name of Nuva Cesaren, or New Jersey.

"That Lord Berkley being ro seized of an undivided melty, or half part of New Jersey, dul on the 18th of March, 1673, convey the antue to John Fenwick in fee, In trust for Edward Byllange; nil that the said Juha Fenwick, on the 10th of March, 1674, did by the consent and direc- tion of and In conjunction with the suld Edward Byllange, convey the wald wolividel mosty, or half part of New Jersey, unto William Penn, Gowen Lawrie, and Nicholus Lucas, in trust for the said Edward Byl- lynge, excepting and reserving o tenth part of the said nudivided inity to the said John Fenwick, his heirs and assigns, and that the sudd Joha Fenwick did convey the aforesaid tenth part of said undivided munity unto John Eldridge and Edmund Warner, who afterwards conveyed the same unto the said Willian Penn, Gasen Lawrio, and Nicholas Lucas, the better to enable them, in conjunction with the mid Edward Hyllynge. to make partition of the entire province of New Jersey with SIr George Carteret.

" That William Penn, Giawen Lawrie, Nicholas Lucas, nit Edward Byllynge, being thus selzed of Lord Berkley's wilisided melty. or half part, entered Into an agreement with Sir Gourgo Carteret for the purti- tlou of the whole tract, und accordingly a division was mande and a line of partition settled by an indenture Quintipartito, dated the Art of July, 1676, by which deed the parties thereunto after expressly declaring thut the said truet granted ns afpresald ly the Duke of York, extomh to the Northward as far as the Northermost brunch of the bay or river Dela. ware, which is in Il degrees and 40 minutes of latitude, do determine that the line of partition shall be a straight line down from the most Northorly point, or boundary, on Delaware, of the said tract grunted us

aforesaid, to the most Southwardly point of the best wide of Little Egg Harbour, und all the parts, shares, or juutlots of the said tract to the Eastward of the add line of partition, are by the mai l deed released, con- firmed and conveyed uuto the anid Sir George C'urteret ; and in the same manner all the parts of the said truet to the Westward of the mid line are released und confiramed outo the wall William Penn, Gauwen Lawrie, Nichole Lucas, and Edward Byllynge.

" That the Quintipartite deed having fully established the division of the province, both Sir George l'arteret and the Western proprietors con- tested themselves with knowing the pos tion of the extreme points with- out removing the intermediate hne. ax there was little necessity for it at that thine; few, If any, of the settlements or surveys extending so far back in the country as to render the exart track of the line necessary to be known.

" That on the 6th of August, 1680, the Duke of York did by grunt con- frin the province of West ler-ey unto the guid Edward Byllynge, Wil- lium Penu, Cawen Lawrie, Nicholas Lucas, John Eldelige, and Elmond Warner, according to their several parts of portions, and by the said grunt fixes the North bonenla on the Norther moet branch of Delaware in the latitude of 41 degrees and to minutes, and reciting and referring to the Quintipartite deud gives the limits accordingly.

" That Sir George l'autoret by his host will and testament divided his estate in New Jersey to certain trustees therein unmed, with directions to sell the same ; that recordingly it was sold by them on the 20 of Fel- ruary, 1682, to William Penn and eleven others, ench of whom shortly after sold a unity of the same unto Robert Barclay and eleven others ; which twenty-four persons constituted the general proprietors of East Jersey, and under whom by queshe conveyaners your memorialists and athers the proprioture of East Jersey now hold.

" That on the 14th of March in the same year. 16>2, the Duke of York. by grant, did ale confirm the right of the and twenty-four permanent, puis prietors to East New Jersey, and in the sune minner reciting the North bonnes, fixes them ux before on the Northeimost branch of Delaware, in latitulo 41 degrees and 40 minutes, and referring to the Quintipartito deel, gives the sune limits and bonmots as are therein mentioned.

" That in process of time, the country bwing ttore populous and the settlements more ummerons, much uneasiness was accensioned by reason of sundry vague nud fruitless attempts for divi lug the provinces of East and West Jersey, and running the line of partition ; and niso by reason of the precise spot not being ascertained where the North Station point in the Institute of Il degrees and 10 minutes would ; that to remedy thess evils the legislature on the 27th of March, 1719, pussel a law for the running and acertaining of the and line, and for the preventing of any further disputes conce ning the same; whereby after reciting and con- fhming the Quintipartite dred, commissioners ur managers were ajt pointed both from the Eastern and Western divisions for raising and collecting from the different proprietors, according to their shares of the property, anch anis of money as should be dreme I necessary for defruy- Ing the expenmu of Anding the North whati'm point upon Delaware and of running the necewiry lives of partition."

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History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers, Part 11

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