History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 107

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 107
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 107

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" By n warrant directed to the Sheriff he was taken at John Inian'a and locked himself up two or three days, and would not surrender, pre- tauding that he was in bis own province, and some other West Jersey men came, under pretenss to visit him, but, as seemed, to rescue him, which obliged the deputy Governor to order to the Sheriff a stronger guard. . . . After five days' attendance he was brought before the deputy Governor, who told him he was informed against as a person who, con- trary to laws and withont our authority, had taken upon him to convene our Indians and purchase land within our province. . . . ITs was held by recognizance in the sum of a thousand pounds for his appearance at the next Court of Common Right, to be held in October. Budd claimed to be acting under authority of an act of the Assembly of West Jersey, but he appeared not to be able to produce a copy of it, nor to give any

1 Letter from Daniel Cope to the Council of Proprietors of West Jer- , satisfactory evidence of the existence of such a law. Bey.

" Also," says the same letter, " some of West Jersey have forbid the

439

THE PARTITION LINE BETWEEN EAST AND WEST JERSEY.

people of Piscataway to pay quit-rents, upon pretense that Piscataway is within their Province, which doth oblige our Governor and Council to issne out warrants of distress to make them pay them "

This controversy between the proprietors of the re- spective provinces of East and West Jersey continued only until Sept. 5, 1688, when Governors Coxe and Barclay agreed upon a compromise line at a meeting in London. This agreement is stated to be " For the final determination of all differences concerning the deed of Partition and all other disputes and contro- versies about dividing the lands and settling the Bounds between East and West Jersey," and gives the line as follows :

" First, the line of Partition run straight from Little Egg Harbour to the must westerly corner of John Dobie's Plantation, as it stands on the South Brauch of Raritan River, shall be the Bounds so far between East and West Jersey, and shall not be altered, but remain as it stands in a printed draught of the Proprietors' lands surveyed in East Jersey, and drawu by John Reid, and since printed here.

" Secondly, from thence to run along the back of the adjoining Plau- tations until it come to James Dundasse his plantation, and from thence as the most Northwesterly part thereof a line to lye even with the line on the back of these Plantations, and so to run Northeastward till it touch the North Branch of Raritan River, as it is struck upon the map already, but saving the Plantations already laid out to be within the line if they happen to stand a little mors westerly than that line is marked.

" Thirdly, from the North end of the line where it touches Raritao North Branch, thence forward the largest stream or current of water belonging to the said North Branch shall be the Bound or Partition, and so continuing along the same unto the North and thereof for the bounds 808 far.

" Fourthly, from the said North end of the Branch a Short Straight line to run to touch the Nearest part of Pisaick River, and so following the course of that river, continuing unto Peqnanick River so long as it runs Northerly or Northwesterly, those rivers still to be the Bounds be- tween hoth Provinces, and if Pequanick River doe not rno far enough to the latitude of 41 degrees then from the said river, a straight line to be run Northward to the latitude, and that to be the utmost North Par- tition Point, and from the Said Point in a straight line due East to the Partition Point on Hudson's River between East Jersey and New York. Provided always that all Plantations and tracts of land in East Jersey shall remain to the Parties Concerned, and the l'artition shall so run as to include them in the East Jersey Bounds.

" Lastly, Dr. Coxe doth Covenant and promise to make good the agree- ments abuve written, and Warrant the Title and quiet Pusses ions of all the lands so to be appropriated to the Proprietors of East Jersey accord- ing to the Limits and Bounds above mentioned against all persons that shall or may pretend or claim any interest to any of the said lands as West Jersey Proprietors."

Rohert Barclay made the same stipulation on his part, and each bound himself in the sum of £5000 well and truly to fulfill the covenant. The document was sealed and delivered in the presence of David Howling and Stephen Lucock, in London, the 5th of September, 1688.

This compromise partition line is a very plainly- traced dotted line on Faden's map of 1777, republished as the centennial map of New Jersey. It extends from the northwestern terminus of the Keith line to the North Branch of the Raritan (called Pepack Branch), a distance of about sixty miles; thence up the North Branch to near its head, following what is now the line between Somerset and Morris Counties, and coinciding with that line at the point where it strikes the Passaic River; thence it follows the Pas- saic, first southward and then northward, to the

mouth of the Pequannock, and after ascending that stream to latitude of forty-one degrees, makes a turn directly east along that parallel to the Hudson River.

It should be remembered that at this time there was no fixed boundary between New York and New Jer- sey, nor was the line finally determined for more than three-quarters of a century afterwards. Wherever the partition line between East and West Jersey is referred to in any boundary between September, 1688, and September, 1743, it is this compromise line of Governors Coxe and Barclay.

The compromise line above described continued to be the accepted partition line between the provinces of East and West Jersey until the Lawrence line was run in 1743. As a preliminary step towards this, no less than as a necessary prerequisite to the establishment of the boundary line between New Jersey and New York, an act was passed by the Legislature on March 27, 1719, under which commissioners were appointed by royal patent to ascertain and determine the north- ern station-point, described in the grant of the Duke of York and the several conveyances under it, at which, according to the quintipartite agreement, the divisional line from the east side of Little Egg Har- bor was to terminate on the Delaware in latitude forty-one degrees and forty minutes. The manner in which this duty was performed is shown by the fol- lowing document, called

"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 Treland, King, etc , Anno Dom., 1719, between Robert Walter, of the City and province of New York : Isaac Hicks, of Queen's County, in the said province, Esq .; Allain Jarret, of the City and province afuresaid, Esq., surveyor for, aud iu behalf of, the said province of New York, of the first part ; John Jolinson, and George Willocks, of the Eastern division of the province of New Jersey, Esq., and James Alexander, surveyor- general of the said Eastern division, of the second part; and Joseph Kirkbride and John Readiog, of the Westero division of the said prov- ince, and James Alexander, surveyor-general of the said Western division, of the third part: Whereas his said Majesty, the King, by Letters Patent under the great seal of the Province of New York, did Commissionats, authorize and appoint the said Robert Walter and Isaac Hicks Conmis- sioners, and Allain Jarret surveyor of the province of New York; that the said Commissioners and surveyor, or surveyors, appointed, or to be appointed, upon the part or behalf of the province of New Jersey, care- fully and diligently inspect and survey all such of the streams of waters that form the river Delaware ; which they, the said commissioners, or the surveyor, or surveyors, may esteeni necessary to be inspected or sur- veyed ; in order to find out and determine which of the streams is the Northernmost branch of Delaware river, and that then, when such branch is so discovered, the surveyor, or surveyors, according to the best of their knowledge and understanding, discover and find out that place of the said Northermost branch of Delaware River that lies in the latitude 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 poiut, the said Commissioners and surveyors, by the said Letters Patent are required to take notice of the most remarkable and conspicuous places near to the said North par- tition point, whether they be rocks, hills, gullies, ponds, runs, or streams of water; and observe upon what course and distance such remarkable places bear 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 ssals, unto the governor, or commander in chief of the province of New York, to be filed and recorded in the sec- retary's office of the said province of New York : All which by the Let- | ters Patent, bearing date the first day of May, in the fifth year of his

440

HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.

said Majesty's reign, and in the year of our Lord one thousand seven hundred and nineteen, and remaining upon the records of the said 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 commissionate 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 livision of New Jersey, and James Alex- ander, surveyor-general of both divisions of the province of New Jersey aforessid ; in conjunction with the Commissioners and surveyor or sur- veyors appointed, or to be appointed, upon the part and behalf of the ssid province of New York ; that they the said commissioners and eur- veyors carefully nud diligently inspect and survey all or such of the streame of water that form the said river Delaware, which they the said Commissioners, or surveyor, or surveyors, may esteem necessary to be inspected or surveyed, in order to find out and determine which of the streame of water is the Northernmost branch of the said river, and that then when auch branch is so discovered, the eaid surveyor or surveyors carefully, according to their hest knowledge and understanding, discover and find out that place of the said Northermost branch of Delaware river that lies in the latitude of 41 degrees and 40 minutes ; which is the North par- tition of New Jersey aforesuid, and the point, as well, of the line of partition or division 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 conspicuous places near to the said North partition point, whether they be rucks, hills, gullies, ponde, 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 aforesaid, distinctly to certify under their hands and seals untu the gov- ernor or Commander in Chief of the province of New Jersey aforesaid, 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- sand seven hundred and nineteen, and remaining upon the public rec- orils of the said province of New Jersey, may fully and at large appear.

" Now this Judenture witnesseth, that the said Commissioners and sur- veyurs, 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 trust reposed in them by the several and alove recited Letters Pateot, under the great seale of the respective provinces of New York and New Jersey : having carefully and diligently inspected and informed them- selves which of the several and respective branches of the said river of Delaware is the Northermost branch thereuf, do find, and therefore by these presents do certify, and declare, 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 and information, do esteem and believe the said Fishkill to be the biggest and deepest stream that forms the said river Delaware: And whereas the Baid Allain Jarret and James Alexander, having taken repeated observa- tions, as well nigh adjoining to the said Fishkill, or the Northernmost branch of the Delaware River, as in sundry other places, in order to dis- cover that place in said Northernmost branch that lies in the latitude of 41 degrees and forty minutes; and that they the said surveyors, accord- ing to the best of their skill and understanding, having discovered the same to be upon that place of the said Fishkill, or Northernmost branch of the Delaware aforementioned; therefore they the said commissioners and surveyors du certity by these presents, to all whom it may concern, that the said North partition, or division point, upon the Northernoiost branch of the river Delaware, between the provinces of New York and New Jersey (which likewise is the North partition point between the Eustern und Western divisions of New Jersey) the latitude of 41 degrees and 40 minutes, ujwon the East side of the said Fishkill branch, is upon the low Innd in the Indian 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 Malackamack River; 29 miles and a quarter, upon a straight course, North 44 degrees 20 minutes West, by the magnetical position ; or a course North 52 degrees 20 minutes West, by the true po- sition, from John Dicker's house,' at the place called Tetsndal, by Baid

? Probably Joba Decker, as the Deckers were among the first settlers In that neighborhood, and the name of John Decker appears in the Dutch Church records as a deacon of Machhackemack Church in 1741.

Mahackamack River, about 29 miles and three-quarters, upon a course North 35 degrees West, by the magnetical position; ur upon a course North 43 degrees West, by the true position, and upon the several courses by the Indian pathe, from said Dicker's about 35 miles and a half; which point of intersection of the latitude of 41 degrees and 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 month uf a brook known by the Indian name of Lamackanvck, and at all times coming to be called or known by the name of Station Brook; which falls from the hills at the entering io of the Indian paths to the said towo, Cashietouck, upon a course nearly North 5 degrees 45 minutes 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 cheins and a half, reckoning four perches to a chain, from a large stone ur rock, the grentest length of its enperfices being about eleven feet and three inches, and its broadest part about seven feet three inches ; lying partly in and partly out of the water upon the bank of the said branch called Fishkill; upon A course South 10 degrees 45 minutes East, by the true position ; which stone is marked with the letter M, and is 137 chaine distant from the mouth of the said brook, upon a course North 78 degrees 40 minutes Enst, by the true position ; at which stone or rock the lowland ends, and the hills come close to the ssid brauch or river Fishkill ; the courses and situation of the said brook, and of the said river and hill, from the said bronk to the stone aforesaid, will letter appear by the draught to these presents annexed : In testimony whereof the said parties to these inden- tures have put their hands and seals, the day and year first shove men- tioned

" R. WALTER [L.S. ]. "ISAAC HICKS [L.S.]. " JOHN JOHNSON [L.S.]. " GEO. WILLOCKS [L.S.]. " JNO. READING [L.8.]. " ALLAIN JARSET [L.S.]. " JAS. ALEXANDER [ [ .. 8.]. "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.

" HERBERT M'ELROY for BOWES REED, Sec."

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 divisjon-line between the Eastern and Western division of this province -viz., Isaac Sharp, Jame- Logan, Thomas Lambert, and John Reading -met this day with the Council, and agreed with them that the whole gum of five hundred pounds (mentioned in a former minute, made the sixth of May last) be forthwith raised, in order for the prosecuting of the Baid affair according as the law directs, with all expedition, for which an advertisement is prepared, signed by the said managers or Commissioners, and James Logan is desired to procure the same to be printed and pub- lished without delay. And whereas the Northern or Station-point upoo Delaware was Inst year fixed by the Surveyor-General, Joseph Kirkbride, and John Reading, appointed Commissioners by the Governor under the great seal, which said point being fixed, there remains now on the part of this division only to run the partition line between the Eastern and Western divisione of this province: In order therennto, it is ngreed by the Commissionere that notice be given to the managers or Comnussioners 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 meet the Western managers at Nathan Allen's, or Rescarrick's, to concert meas- urea for the running of the said line, according to the tenor of the act ; accordingly a letter is wrote, subscribed by the managers, directed to the managers of the Eastern division, desiring them, with the surveyor-gen- eral, to meet them at Nathan Allen's on the 28th instant, which letter ie delivered to David Lyel, our of the said Eastern managers, who happened to be here present ; and all the omnagers and receivers are desired to use their utmost diligence in receiving or collecting all the moneys they can, according to the tenor of the said advertisement, and that each produce their accounts against the next meeting, in order to have a general ac- conut framed for the last year according to the direction of the said act."

441

THE PARTITION LINE BETWEEN EAST AND WEST JERSEY.

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 act of the General Assembly of the province of New York, passed in the fifth year of the reign of King George the First, John Hamilton and David Lyal, George Wilcocke and John Harrison, and the survivor of them, were appointed Commissioners or managers for the Eastern division of New Jersey, with power to appoint the surveyor- general, and such other surveyore and fit sble persone as should be judged necessary for running the partition-line between the Easternaud Western divisions of New Jersey : Aud whereas the said John Hamilton ie the only surviving Commissioner appointed by the said act ; and whereas the said act gives power to the Governor for the time being to appoint other perevne in the place of such of the Commissioners aforesaid as should refuse to serve or should die; and by virtue of that power AD- drew Johnson, Esq., has been appointed a Commissioner; we therefore the said John Hamilton and Andrew Johnson (by virtue of the power vested in us) as aforesaid, and by and with the advice of the council of proprietors of the Eastern division, have appointed John Lawrence, deputy-surveyor, upon oath, to run, mark, fix aod ascertain the said par- tition-line, pursuant to the said act of Assembly, and to make return thereof to us with all convenient expedition; with power to him to em. ploy and chase fit aud able persone, upon oath, to assist him in running the said partition-line, and marking and raising monuments on the same; and in performing the said work he is to observe the instructions berewith delivered to him.

" Given under our hands and seals at Perth Amboy, the 26th of Ang- ust, 1743.

"ANDREW JOHNSON [L.8.].

"JOHN HAMILTON [L.S. ]."

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

" I will well and truly execute the withiu Commission to the best of my skill, judgment, and knowledge.

"So help me God. "JOHN LAWRENCE."

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

"let. With this you will receive a Commission to you for running the partition line between East and West Jersey, to the execution of which you will be sworn. as in the draft of the oath on the back thereof.

"2d. You are to employ Martin Ryerson, or Gorshom Mott, or some other, as an assistant surveyor, if you think proper ; and also proper chain-bearers and markers; all which are to be ewora, or affirmed, truly to perform the office you employ them in, and to have a certificate of those oathe or affirmations indorsed on the back of your signed by the magistrate who administere the oath or affirmation to them, before you proceed to the work. Ouly in case when you are on the work, by reason of sickness or otherwise you find occasion to employ mure or other persons than at first you intended, you may proceed with them till you come near the habitation of a majistrate, and then cause them to be sworn or affirmed before him, that they have hitherto well and truly ex- ecuted, and that they will well and truly execute, the office you have employed them in to the best of their knowledge : And you are to di- rect the chain-bearers in chaining to hold the stake they are next to put iu the ground in the same hand with the chain, and within three or four inches of the end that they are to push in the ground, and stretch the chain at setting it in the ground, aud to direct the marker to mark the trees, as chall hereafter be mentioned.

"The foregoing are true copies and extracts :

" JAMES 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 August, 1841, during the progress of a trial between Ira Fuller and Jonathan Oliver. The extracts commence near the Musconetcong, 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.]

OCTOBER THE 9TH, 1743.

FIELD BOOK

RANDOM LINE.

94 M1 .- A Red Oak about 2 feet diameter on the N. side of the moon- tain near the foot, on the S. side of Masconetcong river, at 59 ch. The river about 75 L. wide, beare abt. N. 50 E. At 70 the top of a high hill.

95 A White Oak ab't 9 Inches diameter; the ground descends West- ward; at 48 ch. a small brook, running Eastward; at 52 an Indian Wigwam 1 ch. East.

96 A Red Oak alt 18 inches Diameter, 14 L. Westward on a hill; the ground descende N. ward.

97 A Red Oak ab't 11/2 foot diameter. The ground descende part Northerly and part N. Easterly. At 37 a Grassy Pond 6 ch. wide and ab't 40 long ; bears ab't N. E .; an old beaver dam ab't 10 ch. below ; S. W. a branch of Peqnest called Alamuche.

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History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 107

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