USA > New Jersey > Essex County > Orange > History of the Oranges, in Essex County, N.J., from 1666 to 1806 > Part 19
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History of the Oranges.
the property had been originally given. At the same time, they thought it a wise and prudent step to fortify their legal title. All of the patentees were then dead, and the heir of the last survivor was a resident of Morris County, and not interested in the dispute. It would complicate the situation, if he were to make a conveyance to either or both of the rival claimants.
Therefore, in 1760, it was unanimously voted at the Town Meeting, that a deed should be procured by the Trustees of the Newark Church from David Young, the heir-at-law of Robert Young, the last surviving patentee, "for the said Parsonage Lands, in Trust, in Order that they may be the better enabled to take Care of the same for the said Church."1 The conveyance was obtained on the very next day after the passage of the resolution. But this did not please those who were outside the congregation ; on the contrary, it increased the public clamor for a partition.
On March 10, 1761, it was duly entered upon the minutes of the proceedings of a Town Meeting, that the deed from David Young to the Trustees of the First Presbyterian Church in Newark had been ob- tained ; but that, because of its being "for the Use of One Society only," it had "given great dissatisfaction to the Inhabitants of said Town in general." It was further stated, that
" The Heirs and Descendants of the first Settlers of sd Town of Newark have divided into three several Societies within sd Town for public worship of God, distinguished by the Names of The Church of England, The first Presbiterian Society, and the Moun- tain Society." Whereupon, it was agreed :-
" 2ndly, That as the Heirs and Descendants of the first Settlers of Newark have three Societys or Congregations for the publick Worship of God-Each having a distinct or separate Minister to
I. Newark Town Records, p. 143.
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The Lower Parsonage.
.
support,-It is voted and agreed, that the said Lands granted by said Letters Patent to lye for a Parsonage be equally divided in Quantity and Quality, exclusive of the Improvements made therein, among said three Societies or Congregations."1
John Cundit, Bethuel Pierson, Daniel Pierson, Esq'r, James Nutman, John Crane and Elijah Baldwin were appointed to be the agents of the Town, in making such division, and in applying to the Governor, Coun- cil and Assembly for its legal ratification. 2 The record is also interesting, because of its statement that the meeting, in 1760, was held "during the Time of the Small Pox being in Town, and when but very few of the Inhabitants were present." A suggestion of mod- ern political trickery is found in the further charge that the former meeting had been held "without any previous Notice being given to the Inhabitants of said Town of any Intent of their passing a Vote relating to said Lands called the Parsonage Lands."
A year later, (1762,) four of the agents reported to the Town, duly assembled, that John Crane and Elijah Baldwin, who belonged to the Newark Presbyterian Society, had refused to act with them; and that they had prepared a plan for the division of the property. But, "a Number of the Principal Members of the first Presbiterian Church in New Ark Objected Against it ;" and a majority of the people present decided "that the Division should not be confirmed." 3
The matter seems to have slept quietly until March 8, 1768, when, at the Annual Meeting of the Town, it was "Voted by a great majority that the Parsonage Lands belonging to the Town of Newark be divided between the Three Congregations of the first Settlers
I. Newark Town Records, p. 144.
2. Newark Town Records, p. 145.
3. Newark Town Records, p. 146.
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History of the Oranges.
of Newark, to wit: The first Presbyterian Church in Newark, the Church of England, and the Mountain Society." Again, the Newark Trustees "advised the People, then met, to let the Parsonage alone, declar- ing the title to be invested in them alone, and forbid them passing the former or any other Vote relating to the Parsonage." Six men-being two from each of the three congregations who were concerned-were appointed to make such a division; but the Newark Presbyterians again "declared they would not act." 1
Precisely how or when the partition was effected, we know not. It is certain, that the same was not made in 1768. The probability is, that it was delayed until the public excitement had somewhat abated. When it was made, however, we are told that a tract of 86,6% acres was allotted to the Orange Society. But no deed was given, nor any lease; nor, so far as can be ascertained, any written agreement or memorandum. The Orange men were allowed to enter into possession of their property, and they erected a fence upon the exterior boundary. They had the satisfaction of ob- taining some of the best land between Orange and Newark, lying upon the hill, west of High Street, within the limits of the latter city, and now covered with valuable improvements. They gave to it the name of "the Lower Parsonage," and by that name it was known in their records and accounts.
Without any written evidence of title, the position of the Orange planters was not an enviable one. Year succeeded year, and the situation remained unchanged. On November 4, 1783, after the incorporation of their Society, they "Voted and Agreed that at some future Day we will Examine in To the affairs of the Lands
I. Newark Town Records, p. 150.
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The Lower Parsonage.
Belonging to this Parish, and Settle the Dispute that might arise thereon." It may have been a fortunate circumstance for them, that a great revival occurred in the Newark Church, in the following year. At any rate, the Newark people then gave them a formal lease for the 86,6% acres,-the instrument bearing date on May 8, 1784. But, it was only a lease at will,-de- terminable at the pleasure of the lessors.
Are we surprised to hear that, on November 30th, of the same year, the Orange Trustees sent a commit- tee to Newark, "to treat with [the Newark Church, ] respecting the mode of receiving the parsonage lands allotted to this Congregation ?"' Or, that a second committee went upon the same matter, four years later ; and still another, in 1795? It is apparent from our parish records, that, in the last-mentioned year, there was a controversy between the two churches with reference to "a part of our wood parsonage, nearest to the Town." Tradition declares that the Newark people wished to recover some of the more valuable woodland, which had been set off to Orange; and that they made frequent incursions upon the same,- tearing down the fence, and cutting and removing the wood.
Rev. Dr. Stearns writes as follows :
" There is a tradition, for which I am indebted to the Rev. Mr. White, now minister of the First Church in Orange, that a report being spread, on one occasion, that the people of Newark were coming to cut wood on a certain day, from a piece of ground claimed and appropriated by that congregation, the sturdy moun- taineers turned out early, with axes and teams, and arranged them- selves in great numbers on the fence, awaiting the arrival of the force. When the Newarkers arrived, hard words began, and still more solid arguments ensued ; and the Orangemen, being either
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History of the Oranges.
more numerous or more valiant, fairly beat their opponents off the ground, and sent them home with their teams empty."1
The persistent complaints of the Orange farmers had an unexpected result : they made the Newark people angry, and the tenancy at will was canceled. We find, among our parish archives, a paper-verified by the seal of the Newark Church-of which the follow- ing is a copy :
"At a meeting of the board'of the Trustees of the first Presby- terian Church in Newark, 20th May, 1797.
"The votes of the Congregation relative to the part of the Par- sonage occupied by the Orange Society.
" It is resolved that the said votes are obligatory on this board, and that they are in duty bound to carry the same into execution.
" Therefore resolved, that the lease given by this board to the Trustees of the second Presbyterian Church in New Ark, for eighty six acres & sixty hundredths of an acre of land, belonging to the parsonage of this Church, -which lease bears date on or about the eighth day of May, Anno Domini, 1784,-whereby the said Trustees last mentioned became tenants at will to this board, do cease, and the same is hereby revoked, and made null and void."
We may easily imagine the feelings of the moun- taineers, under such exasperating circumstances. His- tory is silent as to what was said or done by either side, during the next five years. It would be unreas- onable to suppose that the Orange party abandoned the contest. They were not men of that stamp. They may have loved peace, but they were not afraid of war. Their stubbornness had been shown in the long struggle with the Proprietors. Nor do we believe that they surrendered the possession of the lands which had been set off to them. Nor that the fighting parson (Mr. Chapman,) ever wanted a substantial back-log,
I. History of the First Presbyterian Church, Newark, p. 226.
The Lower Parsonage. 257
for his kitchen fire-place. He was the right kind of a man to encourage his people, in such an emergency. 1
In the spring of 1802, the Newark Trustees made an offer of compromise ; and the action which was had thereupon is thus recorded in the minutes of the Orange Church :
" Monday, June 7th, 1802. It having been represented some time since from the Trustees of Newark, that it was their wish to accomidate the difference existing between Newark Church & the Church of Orange respecting the lower Parsonage; the Trustees of this Congregation appointed, from their Board, John Lindsley,
John Lindley
Esqr, Aaron Mun, Esqr, & Isaac Pierson, a committee to meet the Trustees of Newark, at Seabury's tavern, to confer with them on the subject, to hear their proposals, & to agree as they, viz : the committee from this board should think advisable.
"The committee met the Newark Trustees, at the time & place appointed ; and the Trustees of Newark made the following prop- osition,-that we should relinquish our claim to that part of the Parsonage called the Gore, or triangular piece at the East End of the lot, containing about ten acres ; & that, in consideration of our doing this, they would give us as good a title for the residue which we had in possession, as they could give us by law.
" The committee from this Board thought it advisable to accept of the same; and appointed John Lindsley & Aaron Mun, on our part, to meet, on the ground, a committee from their Board, & ascertain the line of division agreeable to their present proposals.
I. In January, 1790, the Trustees "Voted that Mr. Chapman shall have all the profits of the Parsonage, only excepting the Stone."
17
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History of the Oranges.
"John Lindsley & Aaron Mun report that they met, & did ascer- tain the future line of division, & marked out the same ; & the Trustees of Newark agreed that we should take up & use the fence which was standing round the part of the Parsonage lot which we had relinquished."
It is said that, as the outcome of this friendly negotia- tion, a regular lease, under seal, was given in the same year, (1802,) to the Orange Society, for the portion of the property which they had agreed to accept in set- tlement. It was a lease for twenty-one years, with a covenant of renewal ; and at a yearly rent of six pence, if required to be paid. But, there is one singular thing about it. The Orange people had consented to yield their claim to "that part of the Parsonage called the Gore, a triangular Piece at the East End of the lot, con- taining about Ten acres ;" and their committee "did ascertain the future line of division, & marked out the same." And, yet, when the lease was delivered, it covered only fifty-six acres,-being more than thirty acres less than their original holding.
In justice to the Newark Church it should be said, that, at this time, there was a doubt in the minds of the lawyers who were consulted upon the subject, whether a permanent conveyance of the property could be made, in fee simple. Hence, the use of a perpetual lease,-renewable at stated periods,-instead of the ordinary deed of bargain and sale. The first term of twenty-one years expired in 1823, and, on September 1st, of that year, the Newark Church made a new lease (which is now in existence,) to the Orange So- ciety, for the same fifty-six acres of land-
" On the hill above the Town of Newark, . . . In trust and to and for the Use of the Minister for the time being of the said [Orange] Church, from the day before the date hereof for and
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The Lower Parsonage.
during and until the full end and term of twenty-one years, . . yielding and paying therefore yearly and every year during the said term . . the rent or sum of six pence, if demanded."
There was also a covenant on the part of the lessors, for the perpetual renewal of the lease, upon the same rent and conditions, for successive terms of twenty- one years each. And the lessees covenanted -
"That they will join with the [lessors,] to defend the remainder of the lands commonly called and known by the name of the Par- sonage lands in Newark as contained in the original patents and which are retained by the said [lessors,] against the legal claim of every person whatever; and in case any person or persons shall set up any claim to the remainder of the said lands, under a de- mand of or claim to said Parsonage lands as such, or any part thereof, and contest the same, so that the said [lessors,] or their successors, shall be put to any cost or expence in defending the same, that then the said [lessees,] and their successors, shall and will pay their part of the said expence, in proportion to the num- ber of acres hereby leased to them, when compared to the whole tract of the said Parsonage lands." There is a further provision, that the lease shall be avoided in case of a neglect by the lessees, for forty days, to pay their due proportion of such cost of litigation.
In 1825, the Legislature passed "An act for the re- lief of the Trustees of the First Presbyterian Church in Newark ;" whereby the said Trustees were author- ized to convey, in fee, unto the Episcopal Church in Newark, the two Presbyterian Societies in Newark, and the Orange Society, "in as full and ample a man- ner as they have a title thereto, such parts and por- tions of the lands held by the said [Trustees, ] under grant from the Proprietors of East New Jersey for a parsonage and burying place, (and which were granted to the said [Trustees, ] on or about the tenth day of December, in the year of our Lord one thousand six hundred and ninety-six,) as had been or might be set apart or designed for the use" of the said four
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History of the Oranges.
societies. It was also declared in the same statute that the lands, so to be conveyed, should be held "solely and forever for the support of the Gospel in the said congregations, or religious societies, respect- ively, and for no other use or purpose."
In pursuance of the authority, so given, the Trustees of the Newark Church, in and by their certain deed, dated August 29, 1826, and duly recorded in the pub- lic records of the county, granted and conveyed unto the Trustees of the Orange Society, the same fifty-six acres of land ; referring to a map, made by Isaac Ward, and attached to said deed, but which has been torn therefrom by some surveyor or land speculator. The conveyance is in fee simple ; but "in trust, never- theless, to be held solely and forever for the support of the Gospel in the said First Presbyterian Church, or Congregation, in Orange, and for no other use or purpose." It was acknowledged by the president of the board of the Newark Trustees, on August 30, 1826 ; and was recorded on the second day thereafter.
The Orange Trustees sold "fifteen acres, more or less," thereof to William Peck, on April 23, 1833, for $450.00, or at the rate of $30 per acre ; and the remain- ing forty-four acres to Ashbel W. Corey, on Novem- ber 3, 1835, for $8,360.00, or at the rate of $190 per acre. A mortgage for purchase money was given upon the forty-four acres ; and, under a foreclosure, the property was recovered by the Trustees, in 1839. They held the same until August 31, 1841, when they sold it to Philip Kingsley, Esquire, 1 for $2,200.00, or
1. Mr. Kingsley was a native of Vermont. He studied law in the office of Theodore Frelinghuysen, Esq., of Newark, and came to Orange in 1828. He was our earliest resident lawyer, and had a large and profitable practice. He married Romana A., one of the daughters of John Morris Lindsley, and by her had three children ; of whom two, namely : George P. and Philip, are now living. He died, suddenly, on May 24, 1852.
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The Name of Orange.
at the rate of $50 per acre. He re-sold it, in parcels, between 1844 and 1850, at the average price of $88.30 per acre. It would be difficult to estimate the value of the forty-four acres, at the present time.
THE NAME OF ORANGE.
The Rev. Mr. Hoyt says: "The settlement near the Mountain had begun, [in 1784,] to assume the character of a village, and to be known by the name it now bears. By whom, or from what circumstance the name was first bestowed, we have no means of ascertaining." 1
Until that time the parish had been known as "the West Society of Newark at the Mountains," (ante, page 191 ;) or "the Society at the Newark Moun- tain," (Ib. pages 130 and 136;) or "ye Church and Congregation of ye people of Newark Mountains," (Ib. page 192.) In 1783, it was incorporated by the Legislature as "the Second Presbyterian Church in Newark."
It is said that the earliest known use of the word : "Orange," in connection with the Mountain Society, was on May 7, 1782 ; when the New York Presbytery "adjourned, to meet at Orange Dale, alias Newark Mountain." The first mention of it, in any local record, is in a subscription-paper, dated at " Orange, Nov. 17, 1784 ;" the object being the raising of moneys for the building of a parish boat. In connection with the same matter we read that, on December 22, 1784, there was "a publick meeting of the Parish of Or- ange." Twelve days later there was another parish meeting, and it was then "voted" that "the man- agers of the Sloop Orange are authorized to appoint
I. Hoyt's History of First Presbyterian Church, Orange, N. J., p. 138.
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History of the Oranges.
Boatmen." In 1787, the Society purchased, from Isaac Williams, "a Lott of land, adjoining the Par- sonage house whereon the dwelling house now stand- eth by the highway, . in the bounds of Newark, at a place called Orange."
Tradition declares that it was the "fighting parson" Chapman, who was the most determined champion of the name : "Orange Dale." He was present at the meeting of the Presbytery, in 1782; and it was prob- ably he who procured the selection of Orange Dale as the place of its next meeting. The sermon, which is to be found on page 205 of this volume, was delivered by him on "Lord's Day, 21 Nov., 1791 ; Orange Dale, P.M." In 1796, and as the president of the trustees of "the Academy at Orange Dale," he advertised its opening session, in the Newark Gazette. And there is an oft-told tale that, when the people came together, on one occasion, in order to discuss whether the village should be called "Orange" or "Orange Dale," he was the most excited of the whole party ; and that, as the meeting broke up in confusion, and without having come to any decision, he shouted out, in his trumpet tones : "Well ! we'll call it Orange Dale, any way !'' So it was under the spell of his influence, that, in 1801, and after he had gone to Western New York, "the Congregation of Orange Dale" extended its call to the Rev. Mr. Hillyer. Even in April, 1805, he re- corded in his diary : "I attended the Lord's Supper at Orange Dale, with the dear people of my former charge." The Legislature finally decided the matter in 1806, by passing an act to incorporate "the town- ship of ORANGE."
In the Town Records of Newark we find that, in 1790, "John Ogden, (O. Mountain,)" had been ap-
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The Name of Orange.
pointed to the office of road overseer.1 In 1798, the Town Meeting voted "That the next Annual Election for the State Legislature be opened at the House of Samuel Munn, at Orange, and held there during the first day of the same." At the same meeting permis- sion was "granted for the erection of two more public Pounds, Viz: One on the Common between Samuel Munn's and Moses Williams's, at Orange."2 From this time onward the name of Orange occurs fre- quently in the Town books.
But, whence came the name? We may say, in re- ply, that it was familiar to the earliest "freemen or free Burgesses within our Town upon Passaic River." They traded with the Dutch at "Fort Orange," now Albany, N. Y.,-and at "Orange" or "New Orange," now the City of New York. In 1673-4, they sent sev- eral ambassadors to "the Generals," at the latter place, in order to buy some "land upon the Neck," which they coveted. 3
At a subsequent period, and in common with all Protestants, they worshiped William, the Prince of Orange, who was first the ally, and then the King of England. He was looked upon as the head of the Re- formed Church. His name and titles became "house- hold words " in New Jersey. The first building which was erected (1757,) for the College at Princeton, was called Nassau Hall, to express "the honor we retain in this remote part of the Globe, to the immortal memory of the glorious King William the Third, who was a branch of the illustrious house of Nassau, and who, under God, was the great deliverer of the British
I. Newark Town Records, p. 168.
2. Ib., p. 177.
3. Ib., pp. 50, 51, 55.
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History of the Oranges.
Nation from those two monstrous furies, Popery and Slavery." It happened that our first pastor, Caleb Smith, was not only a trustee of the College, but also a son-in-law of its president. Perhaps it was Mr. Smith who first proposed the name of "Orange," for the beautiful neighborhood which he had deliberately chosen as his home, and in which he ended his life work; and it may be that the suggestion was availed of by his successor, Mr. Chapman, who vainly sought to improve upon it by the change to "Orange Dale."
It is a pleasing reflection, that, in all our local jeal- ousies and controversies, we have retained a loyal attachment to the old name. Three townships have been carved out of the original territory ; but, as East, West and South Orange, they still claim kinship with the central city, and assert their right to be treated as members of the same family. It is indeed true, that there are now four municipalities ; but, after all, there is and can be only one ORANGE.
CHAPTER XII.
THE TOWNSHIP OF ORANGE.
0 N November 27, 1806, the old Township of Newark was divided by an act of the Legislature, and a new township was created, to be known under and by the name of Orange.
Section I. Defines the boundaries as follows : "Be- ginning at a spring called the Boiling Spring, 1 on the land of Stephen D. Day; running thence in a straight line southardly to the bridge on the highway near Da- vid Peck's ;2 thence running southardly in a straight line to a bridge in the highway, near Sayers Roberts', in Camptown; thence southardly in a straight line to Elizabeth township line, where it crosses Elizabeth river ; thence along the line of Elizabeth township to the line of Springfield township; thence along the line of Caldwell township to a point on the First Mountain, called Stephen Crane's notch ; thence southardly to Turkey Eagle Rock; thence eastwardly to a bridge in the highway near Phineas Crane's ; 3 thence eastwardly to a bridge on the highway between the houses of Silas Dod and Nathaniel Dod ; thence to the Boiling Spring, the place of beginning."
I. This spring is situated about one thousand feet southeast of the works of the "Orange Water Company," in East Orange.
2. Great Meadow Brook bridge.
3. This bridge crosses the northeast corner of the recent addition to Rose- dale Cemetery, on the Orange and Montclair road.
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History of the Oranges.
Section II. Describes the powers and privileges of the new corporation, and refers to an act entitled "An act incorporating the inhabitants of townships," etc., passed in February, 1789.
Section III. Appoints the first town meeting to be held on the "second Monday of April next, at the house of Samuel Munn, in Orange."
Section IV. Provides for the division of the poor, between the two townships, and for the support of such as should be set off to Orange.
It had long been the custom, in the Township of Newark, to hold the annual elections for members of the Legislature, etc., during three days, at the Court House in Newark. The increase in the population was such, however, that in 1798, the town had ordered that on one of the three days the election should be held in Orange, and in Newark on the other two. This arrangement was continued until the township was divided. In Orange the polls were held at the house of Samuel Munn, now the Park House, or the house of Bethuel Pierson, now the Central Hotel.
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