History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 106

Author: W. Woodford Clayton, Ed.
Publication date: 1882
Publisher: Philadelphia: Everts
Number of Pages: 1224

USA > New Jersey > Middlesex County > History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men > Part 106
USA > New Jersey > Union County > History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men > Part 106

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"Ist. 'William Sharp, of Woodbridge in the County of Middlesex in the Province of New Jersey, Yeoman, Aged About fifty-seven years, maketh Oath on ye holy Evangelists of Almighty God that he this Deponent from the year one thousand six hundred and eighty-six that he settled upon the North side of ye Raritan River near the meeting of the North and South Branches he used yt Road which was commonly called and esteemed ye Highway said to be layed out by the authority of ye Government of the Province of New Jersey. During the nine years that he lived there the Highway led from Bound Brook near to Mr. Giles' House through the land late in the tenor of John Rudyard and so behind the improved land of Capt. Codrington, Mr. White's, and ye other ye In- habitants unto ye North Branch of ye said River, near to the upper end of a plantation ye west side thereof. William Sharpe, April 29, 1720.'

"2d. 'John Campbell, of Piscatua in the County of Middlesex in Province of New Jersey, Yeaman, aged about 58 years, Maketb Oath on the Holy Evan- gelists of Allmighty God, That in the year of our Lord 1686, this Deponent was Coming down Raritan River with severall of the Servants belonging to Lord Neil Campbell going to Woodbridge meeting, there being no way this Deponent knew but through the Inclosures of Mr. John White, Deceased, they were stopt by Mr. John White at his gate for some little time, but then not before this Dept and other Servants returned, ye said John White went to Amboy to Gov- ernor Loury, and complained against them, who were called before the said Governor Loury, and answered they knew no other way. The Governor said there should be a way appointed forthwith to go up the Country clear of Mr. White, and the other Inhabit- ants' Improvements. Accordingly before this Depa- nent, with others aforesaid went up, the Way was marked out Leeding from Bound Brook, near Mr. Giles's House, through the Land late in the tenner of Mr. John Rudyards, through Mr. Codrington's Land behind his fields, and so behind the Rear of all the Improved Lands belonging to the Severall Inhab- itants on the said Raritan River to the North Branch thereof, at or near the upper part of a Plantation on the West Side of the said Branch belonging to Peter Van Voste, and that during the space of nine years that this Deponent lived up the Raritan, and South Branch thereof, he always understood that to be ye

Highway layed out by ye authority of ye Government of East Jersey. John Campbell, April 29, 1720.'

" In connection with the affidavit of this man, who was a servant of Lord Neil Campbell, and in 1686 was on his way from the North Branch to attend church at Woodbridge, it may be mentioned that in 1685, Lord Neil Campbell became the owner of one- fourth of a twenty-fourth part of East Jersey. In January, 1685, he had located 1650 acres on the Rar- itan and North Branch, and it was from this ' Plan- tation,' without doubt, that his clansman was pro- ceeding to Woodbridge when arrested by Mr. John White.

" The course of the ' Road up Raritan' from Piscat- away to Bound Brook is not clear. Certainly it did not come from Piscataway to Inian's Ferry, and run from thence along the river to Bound Brook, as the road now lies, that road being of much later origin. After combining all the information I have been able to gather, I am persuaded that the road left Piscata- way (a six-rod road),2 passed from thence in, a north- westerly direction west of Metuchen, through Quib- bletown and New Market to Bound Brook. Consid- erable portions of this road remain six rods wide to this day, although much of the original road has been obliterated by the plow, and parts of the existing road are made up of newer and much narrower ones. After reaching Bound Brook the road extended to Somer- ville, running, as we have seen by the above affidavits, in the rear of improved lands and farm-houses on the banks of the Raritan, a little to the south of the present turnpike, following the north side of the Rar- itan to the junction of the two branches, and from thence going west to Lambertville, at that time called Howell's Ferry.

"The road from Manmouth County, provided for by act of 1676, already referred to, 'was mainly con- structed upon the old Minisink Indian path, begin- ning at Shrewsbury, passing through Middletown and Mount Pleasant, and continuing on or near the old Indian path through Monmouth County and a part of Middlesex to the point where it diverged to Kent's Neck in order to cross the Raritan. At this point the road continued west of and along the Raritan to the vicinity of Washington, or Old Bridge, most prob- ably to a ford anciently known as Abraham's Ford, and from thence still along the Raritan, past Wes- ton's Mills, to New Brunswick, or, as it was then called, ' Inian's.' In the old records of roads I find two extremely interesting minutes throwing light on that portion of this old road which was at or near New Brunswick. The first of these occurs under date of April 12, 1716, and describes a ' highway' as having been laid out by the commissioners, beginning ' About a mile and a half from Inyon's Ferry, along the post- road that goes to Cranberry Brook' (this was the Lower, subsequently George's road), 'and from thence

1 Pages 80, 81, and 91.

2 Record of Roads (Deshler's copy), p. 81.

436

HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.

southeast throw Capt. Longfield's Land, and then throw Leander Smock's Land, and then throw Capt. Longfield's till it comes to ye road that goes to his Mill.' This road must have been a cross-road from George's road to the Navesink road, on or near which last was Longfield's mill. The site of the mill may have been at or near the present Weston's mill, or it may have been farther up Lawrence's Brook, nearer to Millstone, or it may have been farther east, near the mouth of the brook, as there are old mill-sites at all these points.

" The other minute of commissioners bearing upon this old Navesink road is one voiding the Mill road just noticed ; and it is so replete with interest I quote it in full, interjecting occasional explanations, as follows :

" COUNTY OP MIDDLESEX, Jannarie ye 11th, 1716. Whereas, Sometime In April or May Last past As may by ye Recorde more Certainly Ap- pear, Mr. John Mathew, Mr. Iexac Smallie, and Mr. George Reseer- rick, Commissioners for ye County of Middx., did Lay out A Road to Mr. Cornelius Longfields Mill, and it is found by ye Neighbourhood to be a Very bad Road to ye gd Mill. And Also at ye Request of Above fifty of ye Neighbors that have occasion of ed Mills, who, by their Peti- tion and their Names Affixed to the same desired that ye Road to ye gd Mills might run conformable to or near thereabonts where ye Ancient Way was used for ye Navesink People for above fourty yeare.' [It was in 1676. just forty years before this date. when this ' Ancient Way' was ordered by the General Assembly] ' to pass to ye Place now known by y. Name of Onyong Ferry. These are therefore to signify to All Persone concerned, that we ye Commissioners hereunder Named at ye Earnest Request of ye above ed Neighbourhood have Laid ont A road of two Rode wide, beginning Right Over Againet ye Honee, Commonly known by ye House of Mr. Ioions Honse, and so running Sontherly over ye brook [probably Lyell's Brook] where Neversiuk Road formerly did run along by Benjamin Pridmores, thence by Landare Smocks, within two or three Rode of his House, as ye old Road went; thence directly through Mr. Loogfield's owne Lands to his Mills.' Longfield's Milla omust have been at the site of Weston'a Mille below New Brunswick. By Reid's Map it is shown that Cornelius Longfield owned a tract of 500 acres at that point. During the Revolutionary war a farm designated ' Loog- field's Farm' was owoed by Richard Gibh, and the housee upon it were destroyed by the British. In his inventory of the depredatinos com- mitted by the British it 18 described as being ' 34 of a mile from town.'

" At the same time the commissioners laid out a cross-road connecting the Navesink road with the Upper road at Six-Mile Run, which they described as ' An other Road of two Rods wide for yª benefit of yª Five Mile Brook Men or any other People yt have occasion of xd Mills, to extend from ye said Leonard Smocks to ye Road yt leads to Six Mile Run.' The commissioners were George Rescarrick, John Bishop, and John Martin. There was another very early road traversing Monmouth County, to which I merely refer, which passed through Shrewsbury and Middle- town in the direction of Freehold, Monmouth Co., over Cream Ridge, in the vicinity of Allentown, Crosswicks, and Bordentown, to Burlington. This also for the most part was originally an old Indian path, afterwards known as the ' Old Burlington Path,' and was undoubtedly used by the aborigines on the Delaware in their periodical visits to the ocean at Navesink, whither they went to gather clams, oysters, shell for wampum, and to lay in stores of fish.

"The Middlebush Road .- One other road having

something more than a local importance remains to be noticed. This is the old Middlebush road. A considerable part of this road had been established by custom and use probably as early as 1690 ; but, so far as I have been able to discover, it was first laid out by authority in 1712, at which time it was also greatly extended. The record describing this road is as fol- lows :

" Pursuant to an Act of Assembly Intitled An Act for regulating ye Highway & for Appointing and Confirming of Commissioners for every County to regulate and lay out ye game, Accordingly ye Commissioners for ye County of Summersett having layed out and ordered yo Road from Raritan River toward Delaware Falle to run as followeth ye is to say-Beginning at Innion's Ferry thence running ye nearest course to a brook known by ye name of Salt Pond Brook, 1 thence Aloog or as near ye Path as it now goeth until it comes to Derrick Jonsees House, thence upoo A straight course to John Wilsons shop,' (another recurd saya that John Wilson lived 'npop Rocky Hill,') 'thence directly ye moet convenient as can be had to Capt. Harrisons Mill,' (this mill was OD Millstone River, at the point near where it crosses the Upper road. near Kingston), ' thence along ye Dew cart way to Justice Leonarda, thence along ye old Road [the Upper road] till it comes near Stony Brook, so crossing ye eaid brook about three or four chaine below ye Old Road, so turning np to ye Old Road again and so to ye Province Line. The said Country Road is to be four Rods in breadth. Witness our hand thie 6th day of June, 1712. Andrew Bird, Michael Van Veghtie, John Harrison, Thomas Yeats.'

" This road, then, ran from Inian's Ferry westerly to Middlebush, and probably to Millstone, from whence it ran sonthwesterly to Rocky Hill, and from there to Harrison's Mills, on the Great road near Kingston, from thence it ran alongside the Great or Upper road-now approaching to, now receding from, and sometimes intersecting it-to Stony Brook and the province line.2

"The remaining roads that were laid out in Mid- dlesex County in the early days, and for many years afterwards, were almost entirely local in their charac- acter, and were intended either to enable people who had clustered together in neighborhoods in the inte- rior to get to mill or to market, or to tap the great main roads that traversed the province, or to reach the important towns of Woodbridge, Piscataway, and Perth Amboy. Nearly all of these roads are made to intersect the main roads or country roads branching off from them, and they all converge more or less di- rectly upon the towns above named, at which the fairs, markets, and courts were held, and in one of which (Perth Amboy) the General Assembly con- tinued to be convened. Of course there were also numerous smaller roads leading to and from landings and ferries at various points on the Raritan River, down which there was constant travel, and on which the people from the interior of Somerset and the in- tervening points on the river transported their pro-

' Salt ponde or licke were numerous in the vicinity in the "olden time," when, as Denton relates, the " Countrey" was " stored with wilde Beasts, as Deer and Elke" ; and in an old Indian deed preserved in the Book of Early Recorda, p. 234, 8 " great and little salt Pond" are spoken of, and described ne being on " Topp of the first mountain" of the " Blew lille, next to Woodbridge."

" See old British map, also Col. Dunham's map.

437

THE PARTITION LINE BETWEEN EAST AND WEST JERSEY.

duce in canoes and on rafts and flat-boats far more easily and expeditiously than they were able to do over the new, imperfectly constructed, and scarcely worked country roads."

CHAPTER LXII.

THE PARTITION LINE BETWEEN EAST AND WEST JERSEY.

BY an indenture quintipartite, made on the first day of July, 1676, and in the twenty-eighth year of the reign of Charles II., between Sir George Carteret, William Penn, Nicholas Lucas, Gawen Lawrie, and Edward Byllinge, the province of New Jersey was divided into East and West Jersey. The line of partition was to be a straight line drawn from the east side of Little Egg Harbor, which was agreed in the indenture to be called the South Station Point, to the northernmost boundary of the province on the River Delaware. No reference is made in this deed to latitude 41º 40', but it is implied by a reference made to the boundaries of the original grant by the Duke of York to Berkeley and Carteret.

It is well to bear in mind that the partition line, according to this agreement, was to run to the north partition point, inasmuch as the Keith line, subse- quently run as far as the south branch of the Raritan, paid no regard to this condition, but was run in a di- rectioo entirely independent of it, and if projected to the Delaware River would have intersected that stream a short distance above the Water Gap.

The commissioners appointed by both divisions of the province to determine the direction of the pro- posed line were William Emly and John Reid, the former a surveyor in Amwell, West Jersey, and the latter the deputy surveyor-general of the eastern por- tion of the province. They were appointed in 1686, ten years after the deed of partition was drawn up. If they could not agree between themselves they were authorized to choose a third person to act as umpire. They seem not to have been governed at all by the deed of partition, but to have determined the course of the line from the South Station Point according to their own arbitrary pleasure. Yet the Deputy Gov- ernor and several of the proprietors of West Jersey not only acquiesced in their award, but, on the 8th of January, 1686-87, put themselves under bonds in the sum of five thousand pounds lawful money of the province to abide by it as a final decision. This bond was signed by John Skein, Deputy Governor of West Jersey, Samuel Jennings, Thomas Olive, George Hutchison, Mahlon Stacy, Thomas Lambert, and Joseph Pope. The award also subsequently received the sanction and approval of William Penn. The bond was signed, sealed, and delivered on the 8th of January, 1686-87, in the presence of Henry Green- land and William Mount.1

On the same day in which this bond was signed, the commissioners, Emly and Reid, made their award, declaring that the partition line between East and West Jersey should "run from ye north side of yª mouth or Inlet of ye beach of Little Egg Harbor on a straight line to Delaware River north-northwest, and fifty minutes more westerly, according to natural posi- tion, and not according to ye magnet, whose variation is nine degrees westward."

The next thing in order was the actual running out of the line according to the direction here decreed. It appears that the East Jersey proprietors and offi- cials were somewhat anxious about it, and so appointed Samuel Winder, John Campbell, and Miles Foster commissioners to wait upon the authorities of West Jersey, remind them of their contract, and hurry their tardy steps to have the line run as speedily as possible. Their commission is signed by Thomas Gordon, John Barclay, Robert Fullerton, Thomas Warne, Andrew Hamilton, Gawen Lawrie. They were instructed " to require Governor Skein and the rest who signed the bond to give orders that the line should be run ac- cording to the last award."

The East Jersey authorities furnished the surveyor, George Keith. The line was run in 1687 as far as John Dobie's house, on the south branch of the Rar- itan, and is the straight line now seen upon the maps, pointing towards the Delaware River at a point quite too low down to meet the conditions of the original agreement, but stopping short of its destination. It extends only so far as to form the boundary line be- tween Somerset and Hunterdon Counties, which is, however, enough distinction conferred upon it, con- sidering its origin. It could with safety have been blotted from the map of the State.

Some of the most influential of the West Jersey pro- prietors never approved of this attempt to fix the par- tition line between them and their eastern neighbors. It soon became apparent, if it did not so appear at first, that the latter were getting " the lion's share." Daniel Coxe, Governor of West Jersey, was one of them, and the leading actor in resisting the proposed settlement on the basis of the Emly and Reid award. He was a man of unblemished character, wise and sagacious in coun- cil, a just and public-spirited man, above the imputa- tion of mere self-interest in the part he took in the partition question, although one of the largest pro- prietors of West Jersey. He stood second only to William Penn, with whose opinions and actions he felt himself obliged to differ as to the rights of the people of West Jersey ; but he differed in the mag- nanimous spirit of a true Friend.

In a letter addressed to the Council of Proprietors of West Jersey, under date of the 5th of September, 1687, accompanying his " Narrative Relating to the Division Line," he says,-

1 New Jersey Archives, Series I. vol. i. pp. 522-23.

" After Mr. Byllings' decease, his heirs were greatly ignorant of his concerns relating unto West Jersey, and therefore resolved to sell his in- terest both in government and property. I and another of the chief

438

HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.

proprietors, having together a very great share of the country, applied ourselves for advice onto the lawyers, being assured by the most eminent that however Bylling's concessions might in conscience bind him during his life, they were not always obligatory to a purchaser or successur, because said concessions were made before his right of government was granted; we therefore consulted with several proprietors and others, well-wishers to your colony, amongst whom it was agreed and resolved to be for the good of your country and our own security that one amongst ns should purchase from the heirs of Mr. Byllings all his and their interest in property and government ; and because my proportion of land was greater, or that they apprehended me capable of serving them, or to have more money at command, or because they had ever perceived me to be zealons and active to promote the good of the province, I was earnestly pressed and requested to Dinke a purchase of the government and the property annexed thereunto, wherewith having complied, that I might demonstrate the disinterestedness of my undertaking, and that I did primarily propose the welfare and benefit of the people, and prefer it to my private advantage. I did omny times proffer Mr. Penn and Mr. Foril and others who pretended to understand most of your minds, what was for your good, and to be, as it were, kind of trustee for you, that if they would contrive any method whereby the government might be legally and severally vested in the proprietors or people without a gov- ernor, or if they would find any person more fit to discharge the office of government, or who might prove mors acceptable to the people than myself, I was willing to consign or reconvey all my estate, power, an- thority as 1 bad received it and upon the same condition, not desiring the least advance beyond what they all know I had disbursed ; but not find- ing any proposal to meet with any other return than an invitation to proceed, and good wishes that I might therein provs successful, and finding that all the proprietors in or near London whom I could coo- vens were greatly satisfied with my conduct, encouraging me to expect they would meet with liks acceptance from the proprietors and inbab- Itants of West Jersey, I therefore thought fit to recommunicate unto you the whole transaction of this affair, as likewise what I expect from you, the proprietors and inhabitants of West Jersey, and what you may reciprocally challenge from me. I do therefore hersby give you under- stand that whereas all the gentlemen of the law who have been hitherto consulted do unanimously agree that the government of the province of West Jersey is legally in me as full as Pennsylvania in Mr. Penn, or East Jersey in the proprietors there. 1 thereupon assumed the title of governor, and lay claim to the powers and authority therennto annexed; and I am resolved by the assistance of Almighty God to exercise the jurisdiction by his royal highness, his last deed or grant unto me con- veyed, with all integrity, and faithfulness, and diligence, for the benefit and welfare of those over whom divine providence hath constituted me (under our sovereign) superintendent or overseer, always preferring public emolument before my own private advantage."

During the first year of Governor Coxe's adminis- tration the contest concerning the partition line caused inch excitement. Governor Coxe having openly repudiated the Emly and Reid award as an unjust and unequal division, and without binding force with the successor of Byllinge, soon brought all the West Jersey proprietors to his views except Wil- liam Penn. Governor Coxe in his letter explains the action of Penn as follows :

"I perceive that which most influenced him is a persuasion that the ' division ought to hs equal in quantity, and is confirmed therein by a passage in Mr. Byllinge's commission for settling the bonnds, wherein he uses the word equal, and in persuaded (being herein influenced by Mr. Keith's false map, of which I have sent you a copy) that Mr. Reid's proposal is very fair, and an exact equal division of the country. I do not herein charge Mr. Penn with any fault, who I believe acts according to his convictions, but I only acquaint yon herewith that you may un- derstand your own misfortunes, for had not Mr. Peon embraced our Interest we should probably have made a more speedy and advantageous agreement."1

Concerning what he calls "Mr. Keith's false map" he says further on, "The draughts they produce for

division are not in the least according to truth, nor according to those they sent their proprietors, whereof I, having been two years of East Jersey, have most certain knowledge and exact copies of their own draughts to compare them." ... The Governor, it appears, had obtained these copies, and was on his guard as to any deception that might be attempted by means of false maps. By this means he thinks William Penn was deceived and led to approve the award of Emley and Reid and the Keith line.

He gives this advice to the West Jersey proprietors :

" I entreat and require that you treat not with them (the East Jersey proprietors) any further about any accommodation, por own that prs- tended tobe already made, but stand by the letter of the agreement between Sir George Carteret and Mr. Byllinge, viz .: That the line be run directly from the east sido of Little Egg Harbor unto the most northerly branch of Delaware River, in forty-one degrees and forty minutes. And I ques- tion not but we shall bring them to miore reasonable terms than any they have hitherto proposed ; at least no pains por cost shall be wanting on my part, and I have the concurrence of all our proprietors, Mr. Peun excepted, whom I could any ways meet with or consult."

At this time the East Jersey proprietors had or- dered lands to be taken up at various places near the new pretended line of partition, and Governor Coxe ordered a protest to be entered against this, and or- dered the surveyor of West Jersey or his deputy to immediately take up in his name " all that land which is westerly of the Millstone and Raritan Rivers," add- ing, "and we favor them very much by going no farther (for according to strictness our line runs within three miles of Perth City), and by allowing them that great tract of most excellent land from thence to the meeting of the Millstone and Raritan Rivers."

Thus it appears that in 1687-88 lands were being rapidly taken up, and the West Jersey proprietors were pushing their claims eastward to within three miles of the mouth of the Raritan. Piscataway and Inian's Ferry were held to be within the bounds of West Jersey. In a letter written to the East Jersey proprietors in England about this time we are in- formed that Thomas Budd had made a large purchase of land of the Indians in what properly belonged to East Jersey, and that on his way from New York with the goods he had purchased to pay off the Indians he was arrested by the authority of the Governor and Council of East Jersey at Inian's Ferry. The ac- count says,-

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History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 106

Author: W. Woodford Clayton, Ed. Publication date: 1882 Publisher: Philadelphia: Everts Number of Pages: 1224

Author: W. Woodford Clayton, Ed.
Publication date: 1882
Publisher: Philadelphia: Everts
Number of Pages: 1224