History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 24

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 24
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 24

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The first jury trial in Elizabeth Town of which any record has been preserved took place in May, 1671. A special court, consisting of Capt. William Sand- ford, president; Robert Vauquellin, Robert Treat, and William Pardon, was convened in the town on the 16th by order of Governor Carteret, for the trial of William Hackett, captain of the sloop "' Indeavor,' of Salsbury, in the county of Norfolk, in New Eng- land," for illegal trading in the province, mostly at Woodbridge. Governor Lovelace claimed that all vessels coming in and going out of Sandy Hook en- trance should enter and clear at New York. Gov- ernor Carteret opposed the claim so far as concerned the waters of New Jersey, demanding that in order to trade in these parts entrance and clearance should be made at the custom-house in Elizabeth Town.

Capt. Hackett had entered his vessel and paid duties at New York, but not here. A jury was impaneled, consisting of Benjamin Price, foreman, Nicholas Car- ter, William Pyles, George Ross, Barnabas Wines, Nathaniel Bonnel, Matthias Hatfield, John Wynings, William Oliver, Stephen Osburn, William Meeker, and John Woodruff, all freeholders of the town and the most of them leading men. Governor Carteret testified for the prosecution. Capt. Hackett argued his own cause with much ability. presenting no less than fourteen points as grounds of defense. Then followed the result already described, the jury over- whelmed with such weight that after three successive trials they were unable to render a verdict and asked to be relieved. On the 18th the case was brought be- fore another jury, who seem to have stood it better. These were Samuel Hopkins and Capt. Thomas Young, of Elizabeth Town, and the remainder from Bergen and Woodbridge. The dignity of New Jersey was vindicated and the vessel forfeited.1

On the 14th of December, 1671, an act was passed constituting a Court of Oyer and Terminer, and another for the appointment of a marshal for the province. There were no counties yet organized in the province, and consequently no sheriff or other county officers. A writ was issued Feb. 10, 1672, authorizing and ap- pointing Capt. John Berry, president, Robert Vau- quellin, Samuel Edsal, Robert Bond, Capt. John Pyke, Capt. Robert Treat, William Pardon, or any three of them, to be a court, to meet or sit on Tuesday morn- ing, February 27th, at nine o'clock, at the town-house in Elizabeth Town. The object of convening this court was the punishment of the so-called rioters of the previous June, the story of which is told by Hat- field, as follows :

Among the "menial servants" brought over by Capt. Carteret in the "Philip" in 1665 was Richard Michell. He was " the son of Symon Michell. of Munden parva, in the County of Hereford," England. Richard had married, April 23, 1668, Ellen Prou, "the daughter of Charles Prou, of Paris, in the parish of St. Eutache, in France." She, too, had come over, doubtless, in the " Philip," and was also a " menial servant," possibly a housekeeper in the gov- ernment house. Michell, as well as Vallot, aspires to be a planter. Carteret, well pleased with Richard's course, and willing to reward his faithful services, takes it upon himself, without consulting the town, or any other than his own pleasure, to make him a grant of land for a house-lot, bordering on " the swamp in common," and lying at the rear of the house-lots of Francis Barber and George Pack, south of Charles Tucker, S. E. of Jonas Wood, and N. E. of William Letts. This was in the spring of 1671. Michell fences it in, and leases a part of the ground to George Pack for a tobacco crop. On the other part he builds a house covered with clapboards and lays out a gar-

1 East Jersey Records, iii. 75-77. Hatfield's Elizabeth, 136.

sary of issues, commissary, also major, aide-de-camp Con- tinental army.

Abram Pierson, forage-master. John Scudder, wagon-master, cap- tain, and conductor of team brigade. Benjamin Ball, wagon-master.

Jesse Clark,

John French,

Andrew Little, 44

John Miller,

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EARLY LAWYERS, COURTS, AND JUDGES.

den. Pack sub-lets one-half of his field to William Letts, the weaver.1

All this was contrary to the fundamental agree- ments of 1666, made in town-meeting, and consented to by the Governor. None but the people in town- meeting could determine who should be admitted as associates and freeholders. It was a clear case of usurpation on the part of Carteret. If tolerated in this instance it might be followed by many others, and presently the town would be overrun hy Frenchmen and other foreigners, claiming an equal share with themselves in the plantation. If not re- sisted they might as well give up all thought of self- government.

The town was deeply moved by the occurrence. It was the common talk. The neighbors had occasion to meet at Goodman Carter's on the south side of the creek. The matter was warmly discussed. They agreed to give Pack warning not to put a plow into the ground. He and Letts were greatly grieved at their prospective loss, but deemed it best to regard the timely warning. A town-meeting was called, at which the whole subject was gravely debated. Here is the record :

" June 19th, 1671, it was agreed by the Major Vote thst Richard Michel should nut enjoy his lott given him by the Governor. Upon this infol'- mation, June 19th, 1671, It was agreed that there should some goe the next morning and pull up the said Michel's fence."

The Governor must be taught that it is not his to give away town-lots; it belongs to the people. Michell had "never asked the town for it," and therefore could not have the "lott given him by the Governor." It was " concluded to take the piece of land from him again, because it was not after vote of the town he had it." What followed is thus related by George Pack :

"The next morning after the said town-meetiog the said Richard Michel came to my house, and I went with him up to the said lot, and going we came to the said Wm. Letts' house, and lighted our pipes, and when we had lighted people came upon the said ground. Goodmat Meaker, the young John Ogdru, Jeffry Jones, and Nicholas Carter, and we running down to them at the corner of said lot, the said Richard Michel forewarned them of pulling down the said fence, and spake to them of a riot, upon that goudman Meaker put to it and began to pluck down the fence, and then all the rest did the like, and left not off till they had plucked dowo one side and one end."

Among those who aided in the work, as Letts, Michell, and Ronyon testified, were Joseph Meeker (the " eldest son" of Goodman Meeker), Hur Tom- son (son of Goodman Tomson). " old Mash" (Samuel Marsh, Sr.), and Luke Watson, the lieutenant. When Michell forewarned them,

"Goodman Meeker answered, Do you forewarn me? and with that weot to pull it down. While they were so doing Mr. Pardon came in, then they asked him whether he was come to help pull down the feuce, anıl Mr. Pardon answered that he did not come to pull down the fence, but to take notice what yon du, the grid Jubn Ogden said we do not care if a hundred such fellows as you are ilo take notice of what we do, and Mr Pardon answered, You speak very sansily. Luke Watson did not put his hand to pull down the f ure, but said if I am in [the] pisce it's

as good, but after Mr. Pardon came then he leaved one log off from the the fence and said you shall not say but I will put my bands to it.

" Awhile after, 8 13 6 Letts, being at my own house, there came in Robert Moss and Mr. Cruyne, of this town, who asked for think, aud I having none they went away presently, and presently after they were gone I heard a noise and looked out and saw the said Rubert Moss and Mr. Crayne beating down the claboards of Richard Michel's house and plucked up the pallasdes of the garden, and, before I came, the hoggs, within an hour's time, had routed up and spuiled all that was in the garden which was full of necessary, garden herbs."

Pardon was one of the Governor's Council, and had been appointed, June 5, 1671, a justice of the peace. He was known to be the Governor's obsequious para- site. Morse and Crane were next-door neighbors, re- siding on the west side of the creek. It is probable that not a few others, drawn thither by curiosity, es- pecially of the boys of the neighborhood, witnessed the transaction, and spoke of it in later years as one of the memorable incidents of their pioneer life.

Warm work it was for a midsummer's day (June 20th), but needful work, unless they are prepared to succumb to the whims and dictates of the cavalier lordling sent over the seas by a brace of corrupt speculators to exercise arbitrary rule over these honest and sturdy planters. It was a day to be remembered in the annals of Elizabeth, a day for the inauguration of an open and determined resistance to all usurpa- tion, and a manly defense of their vested rights. They acted as one man, and were not to be trifled with. Carteret and his adherents are powerless to withstand the tide, and however chagrined and vexed at the result, are compelled for the present to let the matter drop. William Meeker, the chief actor in the drama, is chosen constable of the town to succeed William Cramer, and receives, Oct. 13, 1671, a commission from the Governor.2

A court was convened to try these rioters.

All the members of the court, with the exception of Messrs. Bond and Treat, were of the Governor's Council. Seven of the jury were from Woodbridge and five from Bergen, none of Elizabeth Town or Newark. Messrs. Treat and Vauquellin were absent from the trial.

An indictment was found against William Meeker, Jeffrey Jones, Luke Watson, Nicholas Carter, Samuel Marsh, Sr., John Ogden, Jr., Joseph Meeker, and Hur Thompson for pulling down Michell's fence on the 20th of June. They all appeared in court March 8th, when the indictment was read, and the question guilty or not guilty was put. Not one of them an- swered; all left the house without putting in any plea, although peremptorily ordered by the court to remain. They saw from the complexion of the court and jury that no justice could be obtained, and they resolved to have nothing to do with such a tribunal, except to treat it with silent contem pt.

The trial, however, proceeded in the absence of the defendants. George Pack, William Letts, Vincent Ronyon, William Cramer, Richard Michell, and Wil-

1 E. J. Records, iii. 78-MI.

2 Ibid., 47.

102

HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.

liam Pardon testified for the prosecution, no witnesses for the defense being sworn. The accused were sev- erally brought in guilty of riot, and appearing in court the next day received sentence, William Meeker to pay £5, and each of the others £3, the fines to be col- lected by distraint. They were never collected. "The marshal, Samuel Moore, of Woodbridge, was power- less in the presence of an ontraged and indignant people, whose opposition to the Governor and his party had now become more than determined." 1

Amidst the difficulties which occurred with Gov- ernor Carteret for several years all regular procedure of courts was suspended, except justices' courts and those for the trial of small causes. Upon the re-oc- cupation of the province by the Dutch, in 1673, "John Baker, Jacob Melyn, John Ogden, deputies from the village of Elizabeth Town, New-worke, Woodbridge, Piscatteway, situate in the Province heretofore called New Jersey," appeared at New York, now called New Orange, " praying by petition that they may be al- lowed to send some Delegates from their said villages to treat with the Admirals and associate Council of war, respecting the surrender of their towns under the obedience of their High Mightinesses the Lords States of the United Netherlands, and his Serene Highness the Prince of Orange, and that no audience be granted to their late Governor, Capt. John Berry, before and until the same be granted to the said dele- gates."

August 19th. The Deputies from the Towns of Elizabeth Towne, New-worke, Woodbridge, Piscatta- way, Middletowne, and Shronsbury appearing are ordered to call together the inhabitants of their re- spective towns, and have them nominate by plurality of votes a double number of Schepens or Magistrates of said Towns; also from each Town to elect two Deputies, who shall meet together as one board, and then nominate, by the greater number of votes, three persons for schout and three for secretary over the said six Towns." 2

John Ogden, Sr., Samuel Hopkins, and Jacob Melyn were elected schepens for Elizabeth Town, and or- dered by the Council at New Orange to " come hither on the first opportunity to be sworn in." 3

The several towns chose their deputies, who met and made nominations for schout and secretary, or, as we would say, sheriff and clerk, although the schout, under the Dutch system, discharged the additional function of president judge of the court. These nomi- nations being presented to the general and Council of War, Sept. 1, 1673, Mr. John Ogden was chosen schout and Mr. Samuel Hopkins secretary of the six towns. The Dutch commission to these officers reads as follows:

"Giveing & by these presents granting unto the gd Jolin Ogden & Samnel Hopkins & each of them, full ponwer strenght & authority in

their said offices. The said Schont together wth ye Schepens or magis- trates of ye respective Townes to Rule & govern eas well their Inhabit- ants as Strangers and ye gd Samuel Hopkins to administer the office of Secretarij in ye ed Townes."+

The first duty performed by the schout and secre- tary appears to have been the taking of " an inventory of the estate of the late Governor Carteret." Under the authority of an order issued September 7th, and by the aid of some soldiers sent up as a posse commit- tatus from New Orange, they arrested Robert Laprairie (Vauquellin), the surveyor-general, who had " re- moved diverse goods from the house of Philip Car- teret, which he refuseth to restore; also one John Singletary, who refuses to obey their commands." Both of these parties were taken to New York and examined before the Council ; they at first denied the charges preferred against them, but four days later, Mr. Ogden being present, the charges were sustained. Singletary was fined £5 and put on his good be- havior; Vauquellin was found guilty, both of contu- macy and sedition, and was sentenced " to be banished as an example to others." 5

The schout and secretary were " furthermore or- dered to summon James Bollen, late Secretary of the Province of New Jersey, to deliver up, agreeably to former order, the Governor's papers within the space of ten days after this date, or in default thereof his property shall be at the disposal of the Honorable Council."

The schout and schepens of this court were a pru- dential and also, to some extent, a legislative body. Oct. 1, 1673, instructions were sent by the Council of War to Schout Ogden and the schepens of the town "for the preservation of the public peace and the ad- ministration of Justice." Among other things it was provided that

"The Sheriff and Magistrates shall, each in his quality, take care that the Reformed Christian Religion he maintained in conformity to the Synod of Dortrecht, without permitting any other sects attempting anything contrary thereto, Power was given them for the 'Isying ont highways, setting off lands and gardens and in like manner what ap- pertains to agriculture, observance of the Sabbath, erecting churches, school-houses, or similar public works.' The Sheriff was to ' take good care that the places nuder his charge should be cleaned of all mole, gamblers, where-houses, and such like impurities; to receive the half of all civil fines accruing during his term of office, together with one-third part of what belongs to the respective villages from criminal cases.' In the nomination of shepens, 'a double number of the best qualified, the honestest, most intelligent, and wealth est inhabitants, exclusively of the Reformed Christien Religion or at least well affected thereto,' were to be presented to the Governor for his election." 6

This court also had charge of Indian affairs in the lo- cal settlements. Schont Ogden writes Governor Clove, September 29th (O.S.), respecting the apprehension of an Indian who, shortly before, had carried off con- siderable property from the residents of Elizabeth Town and refused to restore it. The Governor in his reply speaks of " the Chiefs and Sachems hereabouts," from which it would appear that Indians were still in

1 E. Jersey Records, iii. 78-80. Hatfield's Elizabeth, 142, 143.

2 Bergen had already been provided for.

3 N. Y. Vol. Docints., ii. 582.

4 N. Y. Col. Docmta., iii. 595.

6 [bid,, ii. 603, 606, 607.

6 Hatfield's Elizabeth, p. 174. Col. Documents, ii. 620-22.

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EARLY LAWYERS, COURTS, AND JUDGES

the vicinity in considerable numbers. He says, "I have once more thought fit that the Indian Sachem be summoned before me to give satisfaction about it." A messenger was sent, but what the result was is not recorded. The Dutch Governor also says in this communication : " Let Mr. Hopkins examine upon what Conditions the Tenants are seated upon the plantations of Captain Carteret, and account thereof return to me. Not else at present, but that I am Your Loving friend, A : CLOVE."I

Governor Carteret had gone to England. After an absence of more than two years he returned to his home in Elizabeth Town, November, 1674. The government was reorganized under the Concessions, so modified as to give the Governor the control of the Legislature, and deprive the people of all original jurisdiction. In the proclamation of the Governor and Council, dated Elizabeth Town, Dec.11, 1674, the people who had resisted the nsurpations of the Gov- ernor and the prerogatives of royalty were stigmatized as " malcontent inhabitants" and " seditious spirits," who had taken advantage of the arrival of the Dutch "to cover their former guilt with the mantle of trea- son." As if this insult flaunted in the face of a free and spirited people was not sufficient, they resolved not to commission any person to office, either civil or military, except such as have obtained patents for their lands of the Lords Proprietors, nor to grant the privileges of a corporation to any others. This was a blow aimed directly at the Elizabeth Town Associates, who it was well known obtained their lands not from the proprietors, but by purchase from the Indians and patent from Governor Nicolls directly under the Duke of York. Although Carteret at first acknow]- edged the validity of this title, not only verbally but practically, by taking a share in their grant and be- coming himself an associate proprietor, he subse- quently set himself to compel the Associates and all who held lands in their plantation to get out new patents, and thus subject themselves to the obligation of paying the proprietors the usual quit-rents. The struggle over this question was a long and severe one, into the particulars of which we cannot fully enter in this place. The final settlement of it will be found in another part of this history.

The first General Assembly after the restoration of the English rule was held at Elizabeth Town in No- vember, 1675, beginning on Friday, the 5th, and con- tinuing until the 13th. Of the townsmen Henry Lyon and Benjamin Pierce were the members of the House. At this session Elizabeth Town and Newark were constituted a county, which was the first county erected in the province of New Jersey. The Dutch had no such municipalities in New Netherland, nor had the English any in New York until 1669. A treasurer was appointed for the province with a salary of twenty shil- lings per annum. This favored individual was Jacob

Meleyn, of Elizabeth Town. At an adjourned ses- sion the code of 1668 was revised, enlarged, and re- enacted. The Legislature also passed a respectable Sunday law in the words following :

" Whosoever shall prophane the Lords Day, otherwise called Sunday, by any kind of servile work, unlawful recreations, or uunecessary travels on that day, but falling within the compass of works of mercy or necee- eity, either wilfully or thrungh careless neglect, shall be punished by fine, imprisonment, or corporally, according to the nature of the offence, at the judgment of the Court Justice or Justices where the offence is committed."

At the close of the session was passed the famous " Act of Oblivion," so called from its proposal to bury all the troubles of the preceding five years. It is in these words, copied from Leaming and Spicer, page 110:

" That there shall he an utter abolishing of all actiuns tending to re- cover damages, costs, and charges for any activo committed or dune against any one within this Province, that hath been a party or any way cuncerued in the endeavoring and makiog an alteration in the govern- ment here settled by the Lords, anytime from the year 1670 until June, 1673."

Two sessions of the Assembly were held in 1676, the first beginning April 6th, at Elizabeth Town, and the second from the 5th to the 8th of October, at Wood- bridge. The most conspicnous act at the latter ses- sion was the establishment by law of the autumnal Thanksgiving Day commonly held in New England. At this time and for years previous Isaac Whitehead, town clerk of Elizabeth Town, served as clerk of the House of Deputies.

The Legislature convened by Andros passed no laws relating to jurisprudence. The province had been divided by agreement of the proprietors into East and West New Jersey, the eastern portion fall- ing to Sir George Carteret, who made his will Dec. 5, 1678, devising his portion of the province to trus- tees for the benefit of his creditors. Sir George died Jan. 14, 1680. For two years the government (of East Jersey ) was administered in the name of "The Right Honorable the Lady Elizabeth Carteret, Bar- oness, Widow, the Relict and sole Executrix of the Right Honorable Sir George Carteret, Knight and Bar- onet, deceased, late Lord Proprietor of the said Prov- ince, and Grandmother and Guardian of Sir George Carteret, Baronet, Grandson, and Heir of the said Sir George Carteret, deceased, the present Lady Propri- etrix of the Province aforesaid." 2 In the mean time fruitless efforts were made to find a purchaser for East Jersey. At length the province with its civil juris- diction, together with all arrearages of rent and sums of money due to the late proprietor, was disposed of to the highest bidder, the purchasers being an ass0- ciation of twelve persons, residents of London and vicinity, and most of them members of the Society of Friends. Among them were William Penn, Thomas Rudyard, and Samuel Groome. Soon after the num- ber of associates was doubled, six being added from

2 E. Jersey Records, il. 37.

I N. Y. Col. Documente, ii. 633.

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HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.

Scotland and the remainder mostly from London. Among the Scotch associates were James Drummond, Earl of Perth and Lord High Chancellor of Scotland, a thorough monarchist of the Stuart type, and sub- sequentiy a Papist and an exiled Jacobite ; his brother, David Drummond, and Robert Barclay, of Urie, the Quaker apologist. One of the new associates was Gawen Laurie, the Quaker merchant of London. Thus, as has been remarked by an able historian, "one proprietor was exchanged for twenty-four and the Cavalier for the Quaker rule."1 The deed of lease and release whereby the province was conveyed to the new proprietors was executed Feb. 1 and 2, 1682, and the price paid for the property and privileges was £3400.

The government of East Jersey was soon inaugu- rated. It is no part of our province in this history to speak of West Jersey, which maintained a separate government and jurisdiction, with its capital at Bur- lington, down to the surrender of the province to Queen Anne in 1702. Of East Jersey Elizabeth Town was made the capital, and remained such until superseded by Perth Amboy, the new commercial metropolis which the proprietors attempted to build at the mouth of the Raritan River.2

Robert Barclay was appointed Governor of East Jersey in the spring of 1682, with the privilege of non-residence and of acting by deputy. It is said that he had been first a Presbyterian and then a Pa- pist. He became converted to the principles of the Quakers, and wrote a book in their defense. He was held in high esteem by William Penn, and was also in favor with the royal family. Thomas Rudyard was appointed Deputy Governor, and Samuel Groome receiver and surveyor-general. They took up their residence at Elizabeth Town Nov. 13, 1682.

Probably the first lawyer regularly educated and trained for the bar was Deputy Governor Thomas Rudyard. He was regularly admitted to the Eng- lish bar, and was a barrister in the city of London before he became one of the twenty-four associate proprietors and was chosen to fill the office of Deputy Governor of East Jersey under Barclay. There is no evidence that he practiced law in Elizabeth Town, or in New Jersey ; but his talents and legal training were of great service as head of the executive and legislative departments of the government at a time when anything like systematic jurisprudence was in an incipient state, and had to be created, or at least de- veloped and set in order, by those who had in a very large measure the shaping and directing of the local civil affairs of the province. The arrival of Rudyard at Elizabeth Town was the signal for a better state of affairs, both locally and throughout the province. He came with conciliatory letters from the proprie- tors; he was a man of amiable instincts, and of a

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History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 24

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