History of the city of Paterson and the County of Passaic, New Jersey, Part 18

Author: Nelson, William, 1847-1914
Publication date: 1901
Publisher: Paterson : Press Printing and Publishing Co.
Number of Pages: 466

USA > New Jersey > Passaic County > Paterson > History of the city of Paterson and the County of Passaic, New Jersey > Part 18

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Possibly it was this standing difference that led the in- habitants to take steps-which ought to have been taken immediately after securing the Indian deed-to obtain a Patent from the Proprietors for their land. Accordingly we read in the Journal of the Governor and Council, under date of May 30, 1684 :

" The peticion of Hans Dedricke Elias Mekellson and Adrian Post in behalfe of themselves and other Inhabitants of Aquaquanuncke setting forth they had purchased by order of the late Governor Carteret3 A Tract of Land Con- taineing 5520 Acres wch is to bee Devided amongst fourteen ffamelys of them there settled-pray they may have a gen'- all Pattent for the same,-It's ordered that the Indian sale being Recorded-Arrerages of Rent paid that a pattent bee made and granted them att one halfe penny pr Acre yearely Rent."4

It was nearly ten months later ere the Patent was taken out, that important instrument bearing date the sixteenth day of March, in the year 1684, according to the Old Style, then in vogue, when the year began on the twenty-fifth day of March ; the date of the Patent would be, according to our New Style, 1685. It was as follows :

THIS INDENTURE made the sixteenth day of March Anno Dm. one thousand six Hundred & Eighty ffour and in the seven and thirtieth yeare of the Raigne of our Soveraigne Lord King Charles the second over England etc .: BETWEEN the Lords Proprietors of the Province of East New Jersey of the one part and Hans Didericke, Garrett Garretson, Walling Jacobs, Elias Machielson, Hartman Machielson, Johannes Machielson, Cornelius Machielson, Adrian Post, Urian Toma- son, Cornelius Rowlafson, Symon Jacobs, John Hendrick Speare, Cor- nelius Lubbers, and Abraham Bookey, of the other part WITNESSETH that the said Lords Proprietors as well for and in Consideration of the summe of ffifty pounds sterling moneyes in hand paid by the said Hans Diderick Garrett Garretson, Walling Jacobs, Elias Machielson, Hartman Machiel- son, Johannes Machielson, Cornelius Machielson, Adrian Post, Urian Tomason, Cornelius Rowlafson, Symon Jacobs, John Hendrick Speare, Cornelius Lubbers, & Abraham Bookey, to the Governor of the said Province, to and for the use of the Lords Proprietors thereof, the same being in full payment and discharge of all Arreares of Quitt Rents for the Lands hereinafter granted the Recept whereof the said Governor doth hereby Acknowledge and thereof and of every part and parcell thereof doth acquitt and discharge them and every of them and the heires and Assignes of them and every of them As also for the Rents and ser-

1 Ib., 116.

2 Newark Town Records, 94.

3 Referring to the Indian purchase.

4 N. J. Archives, XIII., 131.

HISTORY OF PATERSON.

vices hereinafter Reserved-HAVE Aliened granted Bargained and sold and by these presents doe Alien grant Bargaine and sell unto the said Hans Diderick, Garret Garretson, Walling Jacobs, Elias Machielson, Hartman Machielson, Johannes Machielson, Cornelius Machielson, Adrian Post, Urian Tomason, Cornelius Rowlafson, Symon Jacobs, John Hendrick Speare, Cornelius Lubbers, and Abraham Bookey, and to their heires and Assignes a Certaine tract of Land scituate Lyeing and being upon Pisaick River in the County of Essex and called and knowne by the name of Acquickenunck BEGINNING att the Northermost bounds of tbe towne of Newark and soe Runeing from the Lowermost part to the up- permost part thereof as far as the steepe Rocks or mountaines and from the said Lowermost part along Pisaick River to the great ffalles thereof and soe along the steep Rocks and mountaines to the uppermost part of Newarke bounds afores'd as it is more plainly demonstrated by a Chart or Draugbt thereof made by the Late Surveyor generall together w'th all the Rivers ponds Creekes, Isles Islands (Hartmans Island w'cb partic- ularly belongs to Hartman Machielsen onely Excepted) and also all In- letts Bayes swamps marshes meadowes pastures ffields ffences1 woods underwoods ffishings hawkings huntings ffowleings and all other appur- ten'ces whatsoever thereunto belonging and app'taineing (balfe part of the gold and silver mynes2 and the Royalty of the Lords Proprietors also Excepted) TO HAVE AND TO HOLD the said Tract of Land and P'misses and every part and parcell of the same to tbem the said Hans Diderick, Garrett Garretson, Walling Jacobs, Elias Machielson, Hartman Machiel- son, Jobannes Macbielson, Cornelius Machielson, Adrian Post, Urian Tomason, Cornelius Rowlafson, Symon Jacobs, John Hendrick Speare, Cornelius Lubbers, & Abraham Bookey, their heires and Assignes and to the use of tbem tbeir heires and Assignes forever to bee holden in ffree and Common Soccage of them the Lords Proprietors their heires and Assignes as of the seignory of East Greenwich VEILDING AND PAYING therefore yearely unto the said Lords Proprietors their beires or Assignes the Chiefe or quit Rent of ffourteen pounds of starling moneyes or tbe value thereof yearely for the said Tract of Land upon every ffive and twentieth day of March forever hereafter in Liew and stead of tbe half penny per Acre mentioned in the Concessions and in Liew and stead of all other services and demands whatsoever tbe ffirst payment to bee made upon the ffive and Twentieth day of March w'h shall bee in theare of our Lord one thousand six hundred Eighty and six AND tbe said Hans Diderick, Garrett Garratson, Walling Jacobs, Elias Machielson, Hartman Machielson, Johannes Macbielson, Cornelius Macbielson, Ad- rian Post, Urian Tomason, Cornelius Rowlofson, Symon Jacobs, John Hendrick Speare, Cornelius Lubbers, and Abrabam Bookey-doe hereby for themselves their beires and Assignes Covenant promisse and agree to and w'tb the said Lords Proprietors their heires and Assignes That they their heires and assignes shall well and truely pay or Cause to bee paid unto the said Lords Proprietors their heires or Assignes the said yearely Chiefe or Quit Rent of ffourteen pounds starling moneyes or the value thereof for tbe said Tract of Land att or upon the ffive and twentieth day of March every yeare forever hereafter to the Receiver generall w'ch shall from tyme to tyme bee appointed by the said Lords Proprietors tbeir heires or Assignes w'out fraud Covine or delay PROVIDED allwayes that if tbe said yearely Cbiefe or Quit Rent shall bee behinde and unpaid in part or in all att any of the days or tymes upon w'cb the same is to bee paid as afores'd that then and soe often it shall and may bee Lawfull to and for the said Lords Proprietors and tbeir heires by their or any of their servants Agents or Assignes tenn dayes after such neglect or non payment of tbe said Cbiefe or Quit Rent into tbe aforesaid Lands w'th the appurtenances or into any part or par- cell thereof to Enter and there to distraine and the distress or distresses there taken to lead drive Carrey away impound and in their Custody to detaine untill the said yearely Cbiefe or Quit Rent soe being behind and unpaid togetber w'th all Costes and Charges of sucb distress and im-

1 Reference is probably here made to the improvements made by some of the patentees, who had been in possession under their Indian deed.

2 Gold and silver mines were called "royal mines," and under the English common law belonged to the king, as part of his prerogative of coining. In the grant by King Charles II. of New Jersey to the Duke of York, mines and minerals were included, as also in tbe conveyance by the Duke to Berkley and Carteret.

pounding shall bee fully paid and Contented to the said Lords Proprietors their heires and Assignes.

IN WITNESS whereof the Dept Governor of this Province and the Major part of his Councell for the tyme being to one parte have sub- scribed their names and affixed the Common seale of the said Province and to the other part thereof thereof the said Hans Diderick, Garrett Garretson, Walling Jacobs, Elias Machielson, Hartman Machielson, Jo- hannes Machielson, Cornelius Macbielson, Adrian Post, Urian Thoma- son, Cornelius Rowlofson, Symon Jacobs, John Hendrick Speare, Corne- lius Lubbers and Abraham Bookey have Interchangeably sett their hands and seales the day and yeare ffirst above written.1

Tbo : Codrington

Wm. Sandford Gauen laurie Isaac Kingsland Beniamine Price Henry Lyon

Ja Emott Dept Sect

[Endorsed on tbe back :]

Memorand'm .- That it was mutually agreed by and between all the said partyes to tbe w'in mentioned pattent before the signeing and sealeing of the same that a Neck of Land lyeing w'in the bounds of this pattent Containeing Two hundred and seventy Eight Acres called and knowne by the name of Stoffels point formerly pattented to one Chris- topher Houghland and since sold to the w'in named Hartman Machiel- son and Company bee also excepted out of this pattent and it's bereby accordingly Excepted-

Tho: Codrington Gauen laurie Isaac Kingsland Beniamine Price

Ja Emott Dept Secrt

Lords Proprietors of East New Jersey To Hans Didericke & Company

for a Tract of Land lyeing att Aquickenuncke in the County { of Essex w' in the province of East New Jersey-

Entred upon the Records of the province of East New Jersey this sixteenth day of Marcb Anno Dm 1684 in Lib. A in fol- clxiiij

₹ me Ja Emott Dep Secrt

1 A brief statement of the origin of land titles in New Jersey may not be out of place bere : Charles II., King of England, by royal patent, dated Marcb 12, 1664, granted to bis brother, James, Duke of York, afterwards James II., King of England, the territory now known as New England, New York and New Jersey, with powers of alienation and of government. By deeds of lease and release, dated June 23-4, 1664,. James, Duke of York, conveyed the territory now known as New Jersey, to John Lord Berkley and Sir George Carteret, in fee simple. By deed dated Marcb 18, 1674, Berkley conveyed in fee simple the undivided half of New Jersey to John Fenwick, in trust for Edward Byllynge. On July 30, 1673, the Dutch captured the Englisb fort at New York, and New Jersey and New York came under Dutcb rule once more. On February 9, 1674, the Dutch surrendered New Jersey and New York to tbe Eng- lish, on the conclusion of peace. To remove any doubts as to the effect, on the former grant, of this change of rulers, King Charles II. gave a new royal grant to his brother James, of New England, New York and New Jersey, under date of June 29, 1674, and the Duke conveyed, by deeds of lease and release dated July 28-9, 1674, to Sir George Carteret the eastern half of New Jersey, and by similar deeds of lease and release dated August 5-6, 1680, conveyed to Edward Byllynge, William Penn and others, West Jersey, which bad been previously conveyed by Fen- wick and Byllynge to Penn and others. Sir George Carteret, by bis will dated December 5, 1678, proved January 28, 1680, devised his property to his executors in trust for the payment of his debts, and they, by deeds of lease and release dated Feburary t-2, 1682, conveyed East Jersey to William Penn and eleven other persons, wbo in turn immediately con- veyed an equal interest to twelve other persons, so that there were then twenty-four Proprietors of East Jersey, whose title was confirmed by patent of the Duke of York, dated March 14, 1683. All titles to land in East Jersey, with the exception of a few granted by Governor Nicolls, of New York, are derived from these twenty-four Proprietors, who also ex- ercised powers of government until 1702. Contrary to a somewhat pre- valent impression, no grants for land within New Jersey were ever made by the King to private individuals. The King never owned a foot of land in New Jersey after he made the grant to the Duke of York, except

THE SUBDIVISION OF THE PATENT.

The original of this important document is engrossed on a great sheet of parchment, twenty-seven inches wide and seven- teen inches deep ; it is in a perfect state of preservation, in the possession of ex-Judge Simmons, of Passaic, who has kindly permitted the above copy to be made from it and carefully compared with the original.1 The seal of the Lords Pro- prietors is impressed on a piece of red wax an inch and .. three quarters in diameter and three sixteenths of an inch thick, enclosed in a round iron box; a stout cord passes through the box and seal, and at the other hand is looped through the parchment, so that the box hangs just free of the document. About a third of the seal is gone.

While the order of the Governor and Council was to grant a patent for 5,520 acres of land, the rent named in the patent implies that 6, 720 acres were conveyed. In fact, the tract actually comprised about ten thousand acres, to wit : Acquackanonk township, as it remains at this day, 5,500 acres ; Passaic, Second and Third wards, 500 acres ; all of the Third, Fourth and Fifth wards of Paterson, nearly all of the Sixth and Eighth wards, and about half of the Seventh ward, or about 4,000 of the 5,357 acres in the city of Pater- son, being included in this ancient conveyance. The wester- ly line in Paterson ran from the mouth of a brook near the foot of Prospect street to Garret mountain, or perhaps to the "steep rocks" back of the present upper raceway. In the early deeds it was usual to make a liberal allowance for "highways and barrens ;" the number of acres specified re- ferred only to the arable land. The Governor and Council probably considered that the really good land included in the patent was not more than 5,520 acres, the rest being for the most part sandy, swampy or rocky.

It was the custom in those days when a company bought a large tract of land for settlement, to partition off to each partner a home-lot large enough for his immediate use, the remainder lying in common, to be divided up from time to time as necessity seemed to require. This rule obtained in the settlement of Acquackanonk. Fourteen lots were laid off, fronting on the Passaic river, with a breadth of about ten chains, and extending back toward the mountain a dis- stance of one hundred chains. These were called the " Hundred Acre Lots," as appears by numerous references in the old records. Lot Number I began near the Yantacaw river, and Lot Number 14 was near the present Main avenue bridge, at Passaic. Subsequently, lots were laid out west of these, ten chains wide and five chains deep, which were allotted to the owners of the " Hundred Acre Lots," so that these fortunate individuals held farms of one hundred and fifty acres each, extending from the river back to the Speer- town road. About 1695, the increase of population calling

of lands under tide-water, or riparian lands, which ultimately fell to the State. Similarly, the State of New Jersey has never owned any lands, except riparian lands, unless by purchase or escheat.

1 The copy herewith printed follows all the peculiarities of the original as closely as ordinary typography will permit. The patent was printed in the History of Bergen and Passaic Counties, published at Philadelphia in 1882, on p. 378, from a certified copy from the record in 1855, but there are hundreds of variations between the copy as there given and as here Printed.

for a new division of the common lands, a second parcel of fourteen lots was laid out, much smaller than the first, and extending north to about the corner of Main avenue and Prospect street. Perhaps about this time fourteen "Dock Lots " were allotted, along the river bank, where the com- merce of the neighboring country was concentrated for nearly a century and a half. These "Dock Lots" were especially important to the first settlers, for the shipping of produce and the reception of supplies of all kinds, commun- ication between Acquackanonk and New York being exclu- sively by water for fully three-quarters of a century after the settlement.1 Another tract of fourteen lots, very irregular in shape, was surveyed off soon after the last, embracing the territory on both sides of Lexington avenue in Passaic, and beginning about at the corner of Main avenue and Prospect street, and extending northerly to Ackerman's lane, Clifton. According to tradition, which finds a confirmation in occa- sional references in old deeds, and in a map of Revolutionary date, this new allotment was called "Gotham," or the "Gotham Patent." But it was not a patent, being merely a sub-division of the Acquackanonk patent. Moreover, the " Seven Wise Men of Gotham," who "went to sea in a bowl," as related by the veracious chroniclers of their adven- tures, were not Dutchmen, but Englishmen, or the gazetteers err in locating that ancient town. As it is not likely that the Dutch settlers would call one of their tracts after a place in England, it is safe to conclude that the name given to the new allotment was Goutum, after a village now containing about three hundred inhabitants, an hour's journey from Leeuwarden, the capital of Friesland, in North Holland, 2 and doubtless endeared to some of them by family associa- tions. Goutum would be readily corrupted into Gotham by the descendants of the first settlers, or 'by new-comers of English origin.

When the foregoing lots were partitioned off, there was left an odd triangular plot, which it was concluded to conse- crate to religious uses and the interment of the dead, a church being organized about 1693, and a modest building erected in 1698 for public worship.3 Dominie Guiliaem Bertholf was at the time the schoolmaster at the village

1 For some account of the history of the Dock Lots see the case of Kip vs. Blarcom, N. J. Law Reports, 4 Zabriskie, 854; 2 Dutcher, 351. The management of this cause celebre was assigned, by agreement of the parties in interest, to Henry P. Simmons, of Passaic, and in the course of its tedious progress through the courts to a final successful issue for him, he accumulated an invaluable mass of old documents bearing on the early history of Acquackanonk. They could not have fallen into bet- ter hands, for none appreciated their worth as he did.

2 Het Koningrijk der Nederlanden, voorgesteld in eene reeks van naar de natuur geteekende schilderachtige gezigten, en beschriven door J. L. Terwen, Gouda, 753. " The Kingdom of the Netherlands, set forth in a series of beautiful views, sketched from nature, and described by J. L. Terwen ;" printed at Gouda, in Holland. There is no date, but the writer's copy was imported from Holland in 1874 (for use in the pre- paration of this History, which was already in contemplation), and the book then seemed of recent origin. It is a handsomely-printed large octavo work, of 820 pages, profusely illustrated with fine steel-plate views of towns, buildings and other objects of interest. It is a sort of history, gazetteer and guide-book combined, making a valuable work.

3 The author has the autograph receipt of the mason, Willem Stagg, dated 1698, for stone work in the erection of the church.

HISTORY OF PATERSON.

("durpe") of "Acquiggenonck," as he writes it, and was called to the pastorate of the congregation in 1693, in con- nection with the Reformed Dutch church at Hacken- sack. The quaint old hexagonal church edifice first erected at Acquackanonk has been replaced twice since those days of yore, each time by a larger and handsomer building. 1

In the meantime, the new settlement had been receiving the attention of the Legislature, which in 1688 passed acts establishing a court for the trial of small causes, and also for building a pound, for the benefit of the "out plantations " of Acquackanonk and New Barbadoes. 2

About 170I a new apportionment of lots was called for, and fourteen more lots were laid out, from Goutum northerly to a line in the neighborhood of what is now Twenty-first av- enue, Paterson, and extending from the Passaic river on the east to Garret mountain on the west, the lots being ten chains wide and from one hundred to one hundred and fifty chains in depth. This new allotment was called Wesel, after a town on the Lippe river, in Westphalia, near the borders of Holland. It is not unlikely that some of the families occupying the new neighborhood had pleasant recol- lections of the old Westphalian town, which they desired to perpetuate by giving this name to the new locality. The name has been generally, but erroneously, written "Weasel," or "Weazle."

The old trouble with the Newark people, about the bound- ary line, cropped out again in March, 1709, when both parties appealed to the Governor and Council, who ordered a new sur- vey of the line to be run. On this occasion the people of Acquackanonk were represented before the Governor and Council by May Bickley, 3 one of the most eminent lawyers of his day, while Thomas Gordon, 4 another prominent

1 The parsonage originally stood on the same plot. It was leased, April 25, 1772, for the term of six years, to Timothy Day, of Achqueghe- nonk, for 617 New York money per annum, Day covenanting not to allow on the premises " any Drunkenness or frolicking on any Day of Puhlick worship during the sd Term." -- Original Lease, Simmons MSS. This parsonage property was sold in 1798 to Cornelius Van Winkle, of Paterson, for £550. The original parchment deed is among the Simmons MSS. A tract of fourteen acres on the east side of Main avenue, oppo- site the church, was set apart for the use of the congregation; it was leased for many years, then was divided (prior to 1770) into fourteen nar- row lots all fronting on the King's highway, which were leased and ul- timately sold.

2 N. J. Archives, XIII., 183, 186.

3 May Bickley was Attorney General of New York in 1706-12, heing also Recorder of New York city, 1709-12. He was admitted to the New Jersey har in 1705. Having an uncomfortable way of getting the hest of his enemies, they once got him indicted in 1708 for "harratrie," hut the indictment was nol pros'd. He died at New York, April 2, 1724 .- N. J. Archives, XIII., 324, note.

4 Thomas Gordon, a near relative of the Duke of Gordon, was of Pitlochie, Scotland, where he was the leader of the Gordon clan, and was held in warm regard hy James II. Owing to political troubles he came to New Jersey in 1684, having previously acquired a Proprietary right in the soil, to which he subsequently added largely. He settled near the present Scotch Plains, so called hecause so many of his countrymen set- tled there with him. In 1692 he was appointed to various judicial and other positions, and six years later was made Attorney General of East Jersey, which office he held until 1703. He was Attorney General of New Jersey 1715-19, and a member of the Governor's Council, 1710-22, dying in the latter year .- Whitehead's Perth Amboy, 60-65; N. J. Archives, XIII., 273, 425, 561.

lawyer, looked after the interests of Newark. The records fail to enlighten us as to the issue of the dispute.

Most of the patentees having died by 1714,1 it was con- cluded in that year to allot the unpartitioned lands among those entitled thereto, a committee being appointed for that purpose. The following is a fac simile of what is apparent- ly a contemporary translation from the original Dutch re- port submitted by the committee. It is a pity that its Eng- lish is not as faultless as its chirography. Probably the only way to get at the exact meaning of this important document would be to translate it literally into Dutch, and then make a new translation into modern and intelligible English. However, it is obvious that the committee attempted to make a fair partition of all the lands remaining in common, between the surviving patentees, their heirs and assigns, also confirming the subdivisions already made. 2

For some reason not now understood, this last division was not satisfactory to some of the owners of the common lands. It is probable that the matter was under discussion a long time before the partition was made, so that the dis- sentients were ready to go to law at once, in order to have a partition made that would be more agreeable to them. The suit was instituted in the Essex County Common Pleas, the lands in question then lying in that county. John Bradber- rie, John Hendrick Speare, Cornelis De Riemer, Hendrick Speare, Adrian Post, Garret Post and Hendrick Garritson were the plaintiffs, and the defendants were John Courter (possibly an error for Curtis), John Sip, Christopher Steen- mets, Harmanus Garretson, Hessel Pieterse, Michiel Vree- land, Jacob Vreeland, Claese Vreeland, Dirck Vreeland, Dirck Vreeland, Jun., Rineer Cornelissen Van Houten (not Van Hood, as given below), Thomas Uriansen, Roelof Cor- nelissen Van Houten, Symon Jacobs, Cornelis Lubbers, Francis Post and Peter Paulessen. There have been tradi- tions among the descendants of the old families that there was such a lawsuit, but the only evidence of it that has been discovered is the following quaint summons in partition :3

1 A parchment deed in the possession of Henry P. Simmons, of Pas- saic, dated March 12, 1712-13, recites that Hans Diederick, Garret Gar- ritson, Walling Jacobs, Elias Machielson, Hartman Machaelson, Adrian Post, Jurian Thomason, Cornelius Roelofson and Abraham Bouquee were then dead.

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History of the city of Paterson and the County of Passaic, New Jersey, Part 18

Author: Nelson, William, 1847-1914 Publication date: 1901 Publisher: Paterson : Press Printing and Publishing Co. Number of Pages: 466

Author: Nelson, William, 1847-1914
Publication date: 1901
Publisher: Paterson : Press Printing and Publishing Co.
Number of Pages: 466