History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers, Part 3

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 3
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 3

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* Bill in Chancery, p. 8.

+ Grahame, ii., p. 289; New Jersey Laws, 1834-35, p. 175. Copies of the lease and release to the twelve are in the Secretary of State's office, Trenton, presented by descendants of Clement Plumstead, one of the grantees.

# Enst Jersey under the Proprietors, pp. 100-103.

¿ Ibid., p. 118. Gordon gives, as the additional twelve, thirteen names, among them Sir George Mackenzle, Robert Burnet, Peter Sonmans, Thomas Cox, and William Dock wia, who were all subsequent purchasers. Robert Turver he calls Gaien Turner, and Thonmus Warne, Thomas Nairne,-possibly clerical or typographical errors.

|| Wynno's B. itish Empire, i., p. 206.

1 See Allibone's " Dictionary of Authors" for a full sketch of his life and willinga.

** East Jersey under the Proprietors, p. 141.

BRIEF REVIEW OF THE EARLY HISTORY OF NEW JERSEY.

province of New York, whose Governor, Dongan, re- Trained from any open act of hostility until 1685, when William Dyre was appointed collector of the customs.

The Duke of York was now (1685), by the death of Charles II., raised to the throne as James II., and, notwithstanding he had thrice conveyed and con- firmed to others all the rights, powers, and privileges he had in New Jersey, he resolved to extend his royal prerogative over it in order to increase his revenues. The proprietaries in England were not silent under this arbitrary action of the sovereign. In a petition to the king in council they specified some of the en- croachments of Dongan, in relation to the seizure of vessels trading to New Jersey, as calculated to "over- throw one of the most hopeful colonies in America." In a remonstrance subsequently presented to the king they reminded him that they had not received the province as a gratuity, but had expen ded for it twelve thousand pounds ; that under his own confirmation of their title and assurance of protection they had sent thither several hundreds of people from Scotland, but as yet had received no returns ; and that, notwithstand- ing all these guarantees, their rights had been violated by the Governor of New York. They signified their willingness to submit to an imposition of the same customs that were levied in New York, and among other prayers requested that a customs officer might be appointed at Perth Amboy .* The last request was the only one granted, as it promised additional rev- enue and did not conflict with the designs he then had in view.

On the 6th of April, 1686, the Assembly met for the first time at the new seat of government, Perth Amboy. Lawrie was succeeded by Lord Neill Camp- bell, in the same year. His council was composed of Gawen Lawrie, Maj. John Barry, of Bergen, Isaac Kingsland, of New Barbadoes, Capt. Andrew Hamil- ton, of Amboy, Richard Townly, of Elizabethtown, Samuel Winder, of Cheesequake, David Mudie and John Johnson, of Amboy, and Thomas Codrington, of Raritan. In 1687, Lord Campbell returned to Scotland, leaving Andrew Hamilton as his substitute. Under the operations of the writ of quo warranto, is- sued in 1686 against the proprietors by the order of King James, the king's pliant tool, Andros, commis- sioned as Governor over all New England, proceeded to extend his sway not only over that country, hut over New Jersey, and, finding the king immovable in this determination, "the proprietaries of East Jersey considered it advisable to abandon the hopeless con- test for their previously-conceded privileges, and by facilitating the king's design obtain his guarantee to respect their right to the soil. They consequently made a formal surrender of their patent on this con- dition in April, 1688." The quo warranto process was stayed so far as affected East Jersey ; and, as the pro-

prietaries of West Jersey also entered into the ar- rangement, a new commission was directed to Andros, annexing both provinces to his government, together with New York,-Governor Dongan being thus su- perseded,-with Francis Nicholson as his lieutenant. This made but little if any change in the government of East Jersey, as Andros wi-ely continued all their officers in their places.

In August, 1689, Hamilton left for Europe, and the people of East Jersey were left to the guardianship of their county and town officers from that time until 1692. "These, however, possessed ample powers to meet all common emergencies, and without any pres- sure from abroad, or attempted exercise of any dis- puted prerogative within the province by the agents of the proprietaries, the authority of these local mag- istrates appears to have been respected and the peace of the community preserved."+ Bancroft asserts that during this period East Jersey had no government whatever ; but this is disputed by Whitehead and others, whose opinions are supported by a reference to the various charters and local regulations.

After the death of Governor Barclay, in 1690, the proprietaries appointed John Latham, and, in 1691, Col. Joseph Dudley, as Governor, but the people "serupled to ohey both," although the reason is not given. Perth Amboy, the new capital, had grown to be an important village, and from thence the new set- tlers spread westward, entering upon the unbroken interior and establishing themselves on the banks of the Raritan, soon becoming sufficiently numerous to call for the erection of a new county ; hence Som- erset was set off from Middlesex in 1688, with a some- what larger territory than it has at present.

In September, 1692, Andrew Hamilton, who had been appointed Governor, arrived in Jersey, "and was received in a manner that removed every impedi- ment to the re-establishment of the proprietary gov- ernment."# lle appointed John Barclay receiver- and surveyor-general, and Thomas Gordon resident secretary. On the 14th of the month he selected as his council Capt. Isaac Kingsland. Capt. Andrew Bowne, John Inians, of Raritan River, David Mudic,¿ James Dundas, John Royce, of Roycefield, Samuel Dennis, John Bishop, and Lewis Morris. September 28th a General Assembly convened at Perth Amboy, at which the laws passed subsequent to 1682 were, with a few exceptions, re-enacted and others amended. An net was also passed authorizing a special tax of four hundred pounds to lighten the burden of New York in the war between England and France, the frontier settlements being much exposed to expedi- tions from Canada. This action must have been prompted by a sense of duty, as East Jersey had no danger to apprehend from the French, and certainly at this time had no unusual regard for the interests

* East Jorsey under the Proprietarios, pp. 141-146.

+ 11/4., p. 184. : 1bld., p. 1%s. ¿ Richard Hartshorne ancceodel Mudie in 1693.

SUSSEX AND WARREN COUNTIES, NEW JERSEY.

of New York. In 1696 similar projects for the relief of New York found little favor .*

From 1692 to 1696 a more quiet condition of affairs prevailed than had existed for years, but dissensions were not yet at an end. Considerable agitation pre- vailed concerning the payment of quit-rents, but no adjustment of the matter was arrived at. The first judicial decision respecting land titles was obtained in 1695, the judgment being in favor of the party claiming under the proprietary grants. This was ren- dered of non-effect by the reversal of the king in council on account of a technical informality in the proceedings.

In 1697 the proprietaries in England appointed Jeremiah Basse to succeed Governor Hamilton, and much dissatisfaction was felt and expressed in both Jerseys when it was found he had not received the royal approbation, but only the support of the pro- prietors. For that reason he postponed calling the Assembly together, but rather sought to make friends from among the opponents of that body. It was not until Feb. 21, 1699, that he convened the Assembly. Basse's first court was held in May, 1698, the record of which bears this entry :

" Lewis Morris, Esq., came in open Court and demanded by what an- thoritis they kept Court. The Court declared by yo Kings Authoritie. Ha denied it & being asked, Who was dissatisfied besides himself, he said, One and all. The court commanding ye said Morris to be taken in cus- tody, Col. Richard Townley, Andrew Hampton, both of Elizabethtown, & three or four more, cried one and all, and ye suid Lewis Morris said he would fain see who durst lay hold on him-and when a Constable by order of ye Court Inid hold on him, he, iu ye face of ye Court, resisted."}

Soon after (1699) followed the passage of a bill by the Assembly excluding from that body "any pro- prietor or representative of one." This was the out- come of the opposition of George Willockst to a bill before the Assembly, which was passed, and a writ issued by the Governor for the election of a member of Assembly in his stead. Thus were the proprietary interests endangered. The unjust action and harass- ing proceedings of New York in relation to the trade of the province formed another source of trouble. Governor Bellamont, of New York, tried to obstruct the foreign trade of East Jersey, and even forbade the printing in New York of proclamations which Gov- ernor Basse was anxions to distribute, making known the establishment of the ports of Perth Amboy and Burlington. Bellamont also published a proclama- tion, based upon an order he had obtained from the Crown, denying the right of the proprietors of East and West Jersey to the privilege of ports. Governor Basse resisted with much spirit. He put a cargo on board the ship "Hester," lying at Perth Amboy, and it was about to sail, when Bellamont sent down an armed force, seized the vessel and brought her to the

city ; and, as Basse refused to have her cleared from New York, she was condemned in the Court of Ad- miralty. These difficulties continued until 1700, when Basse's claim for damages came before the Conrt of King's Bench, resulting in an award to Basse and the thorough establishment of the right of East Jersey to the privileges of a port.

If Governor Basse met with opposition from the people at first, he found it greatly increased as months passed. Indeed, there were serious apprehensions of an insurrection under the leadership of Willocks and Morris. Nor were matters improved by the action of the citizens of Perth Amboy in returning Lewis Morris to the seat in the Assembly declared vacant by the dismissal of Willocks. Although both were cited to appear before the court at its October term,-which citation they refused to obey,-and although both the Council and Assembly became involved in this vex- atious issue, it does not appear that they were tried, for every month brought greater anarchy, until Basse's government was openly defied. Aug. 19, 1699, Gover- nor Hamilton was reinstated, notwithstanding Basse's efforts to prevent it; but he did not arrive in the province until December, prior to which time Basse had sailed for England. Hamilton's course being one of pacification,¿ his authority was at first generally submitted to; but this was not to last long, for there was still a numerous party who held a deep-rooted aversion to the proprietary government, no matter by whom represented. The majority of the Assembly were of this class, and when Hamilton dissolved the Assembly, May 31st, the day after it first convened, "the validity of his commission was for the first time openly called in question. Tumultuous and seditious meetings were subsequently held, the justices ap- pointed by him were assaulted while sitting in open court by bodies of armed men, the sheriff's were at- tacked and wounded when in the discharge of their duties, and every exertion made to seduce those peace- ably disposed from their allegiance to the government; so that this period became known in after-years as 'the Revolution.'"|| Of this critical time Whitehead says, --

" A crisis lind evidently arrived in the affairs of the province which the proprietors were not prepared to encounter successfully. As a body they had become so numerous, so scattered,-some in England, some in Scotland, und some in America,-and so divided in interests, that unan- imity in council could scarcely be expected ; and yet the inhabitants were pursuing such a system of measures as required the utmost wisdom to project, with oqual firmness and nnion to administer, such remedies as could nlone lend to tho re-establishment of peaco und regularity : without these necessary qualities to control their opponents, but one re- sult could bo anticipated.""

VII .- SURRENDER OF THE GOVERNMENT TO THE CROWN.

In the years 1701 and 1702 there occurred many dissensions and disturbances in both the cast and west

# Whitehead : Enst Jersey under the Proprietarics, p. 191.

+ Eust Jersey Records. For this contempt the court finod him fifty pounds, and ordered him " to be committed to prison till paid."-New Jersey Colonial Documents.

# lo wns agent for the proprietors to collect quit-rents and arroarages, and also a member of Assembly.

¿ Hle wisely restored Morris to the Council.

" Bill in Chancery ; Enst Jersey under the Propriotaries.

T East Jersey under the Proprieturies, p. 218.

ORIGINAL COUNTIES AND THEIR BOUNDARIES.

provinces, but the proprietors, finally wearied of con- tending with one another, and with the people, drew up an instrument whereby they surrendered their right of government to the Crown,* which was ac- cepted by Queen Anne, April 17, 1702. This was the end of proprietary government in New Jersey ; thenceforward, until 1776, it was under royal rule.

The queen consolidated both Jerseys into one prov- ince, and commissioned Lord Cornbury as Governor of both New York and New Jersey. In this capacity be aeted from 1703 until 1708, when, giving heed to the grievous complaints made against him by the peo- ple, the queen revoked his commission. He was sue- ceeded by John, Lord Lovelace, but his death (which occurred May 5, 1709) threw the government into the hands of Lieutenant-Governor Ingoldsby. Governor Hunter's administration commenced in 1710; in 1720 he resigned in favor of William Burnet. Afterwards officiated John Montgomery, 1727 to 1731; William Cosby. 1731 to 1736; John Anderson, also in 1736; John Hamilton, 1736 to 1738. In the summer of the last-named year a commission arrived to Lewis Mor- ris as Governor of New Jersey, separate from New York ; he served until his death, in 1746. He was followed successively by President Hamilton, 1746; John Reading, 1746; Jonathan Belcher, 1747; John Reading, 1757; Francis Bernard, 1758 ; Thomas Boone, 1760 ; Josiah Hardy, 1761; and William Franklin, son of Benjamin Franklin, in 1763,-the last royal Governor, he being deposed, arrested, and sent a prisoner to Connectient in 1776.

* Seo Smith's " New Jersey," pp. 500-373, and "Grants and Conces- sions," pp. 508-609, for some of the documents connected with the ne- gotiations, and many others aro in the New Jersey Colonial Document. The proprietarles who signed away the sovereignty of East Jersey were l'eter Sonminus, Joseph Ormston, Charles Ormston, Edward Antill, George Willocka, Francis Hancock, Sir Thomas Lane, Paul Dominique, Robert Mitchell, Joseph Brooksbank, Edward Richier, Michael Watts, Clement Plumstead, Robert Buruet, Miles Foster, John Johnston, Mich- avl Hawdon, John Harcly, David Lyell, Thomas Warne, Thomas Gor- don, Thomas Barker, Thomas Cooper, Gilbert Mollison, Richard Hasel, atul William Dockwra. Three of these-those in Italics-were of the twenty-four who nineteen years previous lind received the grant from the Duke of York. Ami it was said in 1759 that sixty-four years after the grunt to the twenty-four (1746) there was not n malo descemlant of the whole number enjoying " a foot of land in East Jersey" excepting the right of the Penns and two or three amnl plantations occupied by the Hartshornea und Warnes,-a reflection which shonhj "ubate eur ardor In the pursuit of lamts und wealth, and tako us think ourselves, at least, but tenants In common to the blessings which the earth provinces and co-luirs of the gifts of unturo."-" A Pocket Commentary of the first settling of New Jersey by the Europeans : and an account or fuir detail of the original Indian East Jersey grants, and other rights of a like tenor in Frat New Jersey. Digested in order. New York, printed by Samuel Parker, 1758." This Hitle work, containing many Interesting remarks respecting men and things In New Jersey, is in the Philadelphia Library,-the only copy ever soon or heard ef by the writer .~ Enat Jersey under the Proprietors, Williams .I. Il'hitehead, p. 220.

CHAPTER IL. ORIGINAL COUNTIES AND THEIR BOUN. DARIES.

I .- COUNTIES UNDER THE PROPRIETORS.

PREVIOU'S to the art of the General Assembly of 1709 erecting and defining the boundaries of the oldl counties of New Jersey, eight had been formed. These were Monmouth, Essex, and Salem, in 1675 ; Glouces- ter, in 1677; Middlesex, in 1682; Somerset, in 1688; Cape May, in 1692; and Burlington, in 1694. These may be called the original counties under the proprie- tary government. In 1702 the proprietors surren- dered their charter to Queen Anne, and the royal government was extended over East and West Jersey, united in one province. After the brief and inglorious administration of Lord Cornbury, the provincial gov- ernment was organized under John, Lord Lovelace, Baron of Hurley, and the Legislature convened first at Bergen and then at Burlington. Nothing, however, was done by the first four Assemblies towards organ- izing the civil divisions of the province.

II .- COUNTIES DEFINED BY THE ACT OF 1709.

In the eighth year of the reign of Queen Anne, the fifth Assembly, held at Burlington, passed an act di- viding and ascertaining the boundaries of all the coun- ties in the province, as follows :

In the eastern division, the county of Bergen should begin at Constable's Hook, and so run up along the bay and Hudson River to the partition-point between New York, and so to run along the partition-line be- tween the provinces and the division-line of the east- ern and western divisions of this province to Pequa- noek River ; and so to run down the said Pequanock River and l'assaie River to the Sound, and so to fol- low the Sound to Constable's Hook, where it began.

Essex began at the mouth of the Rahway River where it falls into the Sound, and ran up said river to Robinson's Branch ; thence west to the division-line between the eastern and western divisions, and so to follow the said division-line to the Pequanock River, where it meets the Passaie River; thence down the Passaie River to the bay Sound; thence down the Sonnd to where it began.

The county of Somerset began where Bound Brook empties itself into the Raritan River ; thence down the stream of Raritan to the mouth of n brook known by the name of Lawrence's Brook; thence running up the said Lawrence's Brook to Cranberry Brook ; from thence south forty-four degrees, westerly to Sau- pinek Brook, to the said division-line of the easterly and westerly divisions aforesaid, and so to follow the said division-line to the limits of the nforesaid county of Essex ; thenee east along the line of Essex County to Green Brook and Bound Brook to where it began.

Middlesex County began at the mouth of the creek that parts the lands of George Willocks and what

1.6

SUSSEX AND WARREN COUNTIES, NEW JERSEY.

were formerly Capt. Andrew Brown's; thence along the said Capt. Andrew's line to the rear of said land; thence upon a direct course to Warne's bridge, on the brook "where Thomas Smith did formerly live;" thence upon a direct course to the southeast corner of Barclay tract of land that lies near Matchaponix; thence to the most southernmost part of said tract of land in Middlesex County ; thence upon a direct line to Saupinck bridge on the high-road, including Wil- liam Jones, William Story, Thomas Buchanan, and John Guyberson, in Monmouth County; thence along the said road to Aaron Robin's land; thence westerly along the said Robin's land and James Lawrence's line to the line of the eastern and western divisions aforesaid, including Robin's and Lawrence's, in Mon- mouth County; thence northerly along the said line to Saupinck Brook, being part of the bounds of said Somerset County; thence following the lines of the said Somerset and Essex Counties, and so to the Sound; and thence down the Sound to Amboy Point; and from thence down the creek to where it first began.

The partition-line between Burlington and Glouces- ter Counties began at the mouth of Pensauquin, alias Cropwell, Creek; thence up the same to the fork; thence along the southernmost branch thereof-some- times called Cole's Branch-until it comes to the head thereof, which is the bounds between Samuel Lipin- cote's and Isaac Sharp's lands ; thence upon a straight line to the southernmost bank of Little Egg Harbor's most southerly inlet; thence along the line of the sea-coast to the partition-line between East and West Jersey ; thence along the said line of partition, by Maidenhead and Hopewell, to the northernmost and uttermost bounds of the township of Amwell ; thence by the same to the river Delaware; thence by the river Delaware to the first-mentioned station.

The beginning-point of Gloucester County was at the mouth of Pensauquin Creek ; thence up the same to the forks thereof; thence along the said bounds of Burlington County to the sea ; thence along the sea- coast to Great Egg Harbor River; thence up said river to the forks thereof; thence up the southern- most and greatest branch of the same to the head thereof; thence upon a direct line to the head of Oldman's Creek; thence down the same to the Dela- ware River; thence up the Delaware River to the place of beginning.

Salem County began at the mouth of a creek on the west side of Stipson's Island, commonly called Tecak's Creek; thence up the same "as far as high tide floweth ;" thence upon a direct line to the mouth of a small creek at Tuckahoe, where it comes into the southernmost branch of the fork of Great Egg Har- bor River; thence up the said branch to the head thereof; thence along the bounds of Gloucester County to Delaware River; thence down the Dela- ware River and Bay to the place of beginning.

Cape May County began at the mouth of a small

creek on the west side of Stipson's Island, called Tecak's Creek; thence up the said creek "as far as tide floweth;" thence along the bounds of Salem County to the southernmost main branch of Great Egg Harbor River ; thence down the said river to the sea ; thence along the sea-coast to the Delaware Bay, and so up the said bay to the place of beginning.

This last section subjected Somerset County to the jurisdiction of the courts and officers of Middlesex, for want of a competent number of inhabitants to hold courts and supply jurors, and enacted that jurors might be taken promiscuously from both to either of the said counties, but was altered on March 11, 1713.

In March, 1714, an act was passed by the General Assembly held at Burlington to alter the bounds be- tween the counties of Somerset, Middlesex, and Mon- mouth, making the lines as follows :

"That the boundary-line between Somerset and Middlesex Counties shall be and begin where the road crosseth the river Raritan at Inian's Ferry, and run from theace along the said old rond to Jedediah Iliggins' house, lending towarde the Falls of the Delaware, so far as the eastern division of the province extends.

" The boundary-line between Middlesex and Monmouth Connties shall be and begin at the mouth of the creek that parts the land of George Willcocks and the land that was formerly Cnpt. Andrew Brown's; thence along the snid captain's land to the rear of the said land; thence upon a direct course to Warne's bridge, on the brook, where Thomas Smith did formerly live; then upon a direct course to the southeast corner of Bnr- clay's tract of land that lies near Matchaponix; thence to the most southernmost part of said tract of land, including the whole tract of land in Middlesex County; thence upon the direct line to Assanpinck bridge, on the high-road, including William Jones, William Story, Thomas Buchanan, and John Guyberson, in Monmouth County; thence along the said Aaron Robbins' and James Lawrence's line to the line of the eastern and western divisions, including the said Robbins' and Law- rence's in Monmouth County."

On Nov. 4, 1741, in the fiftieth year of the reign of George II., an act was passed by the General As- sembly, convened at Perth Amboy, to annex part of the county of Essex to the county of Somerset, which made the boundaries of Somerset as follows,-viz. :

" Ileginning at the South Branch of the Raritan River, where the re- puted division-line between East and West Jersey strikes the same ; along the renr of Raritan lots until it meets with the North Branch of said river; thence up the enme to a fall of water commonly called Allama- tunk ; from thence along the bounde of Morris County to Passnic River; thence down the same to the lower cerner of William Dockwra's two- tenths, on the same river; thence on a straight line southeasterdly to the hend of Green Brook, and thence down the said brook to Bound Brook; thence down the said Bound Brook to the place where it empties itself into the Raritan River; thence down the Raritan River to the place where the rond crosseth the enid river nt Ininn's Ferry ; from thence along the said old rond which leads by Jedediahi lliggins' house towards the F'alls of the Delaware, until it intersects the division-line to the South Branch of the Raritan River, where it first began."

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History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers, Part 3

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