USA > New Jersey > Hudson County > History of the county of Hudson, New Jersey : from its earliest settlement to the present time > Part 12
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From the first of the Dutch reoccupation it had been the care of the authorities in New Orange to prepare for the return of the English. The fortifications in the city were enlarged and strengthened. The people of the neighboring towns promised to repair to the city on the approach of the enemy. On the 22d of December, 1673, the people of Bergen were ordered to repair to New Orange, according to their plighted duty. A literal com- pliance with the order was at first dispensed with, and the same was modified so as to permit some men to remain at home. The captain, lieutenant and ensign were ordered to appear with their company fully armed, on Friday, the 29th of December. 1673, in front of Fort William Hendrick, leaving six men in the town. This being done, one-third of the company was furloughed and permitted to return home, there to remain until they were relieved on the third day. The officers and magistrates were authorized to give orders respecting the threshing the grain and the "foddering the cattle," but above all to keep proper guard day and night, so as not to be surprised and cut off from the city .? Afterward, on the 13th of March, 1674, a positive order was issued. commanding " all out people of the Dutch Na-
1 Col. Hist. of N. Y., ii., 714. From the above it would seem that Minkakwa was the abode of strife and contention at a very early day. If the antiquary will inform himself as to the present locality of that ancient district, he will be some- what impressed with the theory that localities have much to do in the forma- tion of certain traits of character. " Ibid, ii., 673.
122
HISTORY OF HUDSON COUNTY.
tion " to repair to New Orange without delay, with their arms, on the first news of the enemy's approach, or on the coming of more than one ship at the same time. All who failed to obey this order were to be declared traitors and perjurers, and were to be proceeded against as enemies, or punished with death and confiscation. This order was to be made known by the proper officers, that none might plead ignorance.1 On March 22d, 1674, the Schout of Bergen was notified to request the people to com- mission a militia officer and magistrate, with whom he was to at- tend a general conference at Fort William Hendrick on the 26th. The Schont, Claas Arentse Toers and Captain Caspar Steinmets appeared in the assembly as deputies from Bergen. They pledged themselves for the loyalty of their constituents, and promised that on the first notice of danger the people of Bergen would "observe their honor and oath " in repairing to New Orange. They only asked that some boats be sent over to convey the peo- ple thither .? All these precautions, however, went for nothing, for on the 9th of February, 1674, peace was established between England and Holland by the treaty of Westminster. By the sixth article of that treaty the country was restored to the Eng- lish.3 It was not, however, until the 10th of November follow- ing that the final surrender took place, when the Dutch rule in New Netherland passed away forever, and the English entered into possession, which they held for the next century.
While the war was in progress, and on March 18, 1673, Lord Berkley sold his interest in the Province to John Fenwick, in trust for Edward Billinge. for £1,000. Billinge had failed in business : Berkley was his particular friend and advised him to invest in New Jersey lands for the purpose of retrieving his for- tune. He was pleased with the proposition, borrowed the money from his friends, and purchased the land in the name of John Fenwick, who was to have one-tenth of the same. Fenwick managed the purchase so well that, it is said, he would soon have stripped the other of all, but means were employed to compel him
2 Ibid, ii., 702.
1 Col. Hist. of N. Y., ii., 696.
3 Whitehead's East Jersey, 62.
123
DUKE OF YORK AND SIR GEORGE CARTERET.
to be satisfied with his tenth.1 Billinge assigned his interest, less Fenwick's tenth, to William Penn, Gawn Laurie and Nicholas Lucas, February 9 and 10, 1674, in trust for his ereditors. Fen- wick sold his interest to John Eldridge and Edmund Warren, who sold to Penn, Laurie and Lucas.2
To clear up any shadow which the recent occupation by the Dutch might have east upon former grants, Charles II. made a second grant to the Duke, June 29, 1674.3 This was followed by the Duke, July 29, 1674, with a grant to Sir George Carteret of what was afterward known as East Jersey. On July 1, 1676, by the "Quintipartite Deed," the State was divided and Sir George received the eastern portion in severalty.4 Sir George. by will dated December 5, 1678, appointed his wife, Elizabeth, sole executrix, and Earl Sandwich, Earl Bath, Lord Grenville. Sir Thomas Crew, Sir Robert Atkins and Edward Atkins trus- tees, to whom he devised his interest in New Jersey, to be sold for the payment of his debts.5 On the 5th and 6th of March, 1680, East Jersey was conveyed to Thomas Cremer and Thomas Pocock, but the transfer does not seem to have been completed. On the 6th of the following August, the Duke indulged in a sec- ond grant to Penn and his associates of West Jersey, and Gordon says he also gave one to the representatives of Carteret on March 14, 1682. This has not been discovered, but the following war- rant therefor exists :
" These are to direct and require you to prepare for my signa- ture a Deed or fitting Instrument (agreeable to yt I have already executed unto Edward Billing and others) whereby I may release and confirm unto Sir George Carteret, ye heire of Sir George Carteret, (lately deceased,) his moyty of New Jersey (called East New Jersey) in America. For wch ys shal be yo" Warrt, Provid- ed it be entred wt my Auditor Gen" wthin two months of its date. Given undr my hand at Windsor ye 6th day of September (SO).
1 Long Isl. Hist. Soc., i., 243. 2 Gordon's Hist. of N. J., 72. 3 7 bid, 41. 4 Leaming and Spicer, 61. This division was confirmed by the General As- sembly in 1719. For a history of this line see Whitehead's East JJersey, 67. Gordon's N. J., 71-5. Smith's N. J., 195, 546-557.
5 Vide Will, Perth Amboy, Liber C 3, 17.
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HISTORY OF HUDSON COUNTY.
" To Sir John Churchill Knt my Atturney Gen" or to Sin George Jeffreys Kn' my Solliete Gen11.''1
These releases were given in consequence of an opinion of Sir William Jones, dated July 28, 1680. The Duke's Governor of New York had claimed jurisdiction over both of the Jerseys, and insisted on his right, in behalf of the Duke, to collect duties upon importations therein. These pretensions were resisted with much spirit, until finally the Duke referred the subject to Sir William Jones for an opinion. His decision was that the Duke could not legally demand any duty from the inhabitants of the Jerseys. The Duke gracefully yielded, and gave his third and final re- lease of East Jersey.
On the 20th of February, 1681, Earl Sandwich released his in- terest in East Jersey to his associate trustees, and they again sought to negotiate a sale of the province. Failing to find a purchaser at even the sum of five or six thousand pounds, it was sold at public sale to William Penn, Robert West, Thomas Rudyard, Samuel Broome, Thomas Hart, Richard Mew, Ambrose Riggs, John Haywood, Hugh Hartshorne, Clement Plumstead, and Thomas Cooper, all Quakers. The lease and release were dated Febru- ary 1 and 2, 1682, and the consideration was £3,400. To avoid any doubt which might arise by reason of the prior sale to Cremer and Pocock, they joined in the conveyance. The asso- ciates then (June 1, 1682) executed a declaration that there should be no benefit of survivorship among themselves. They held the Province for nearly a year, but they were Quakers, and therefore unpopular. To quiet opposition on this ground, they severally conveyed, in 1683, an undivided moiety of their respec- tive interest to twelve others, viz .: Robert Barclay, Edward Billinge, Robert Turner, James Braine, Arent Sonmans, William Gibson, Gawn Laurie, Thomas Barker, Thomas Warne, James, Earl of Perth, Robert Gordon and John Drummond. These as- sociates were afterward known as the " Twenty-four Proprie- tors."2 On the 14th of March, 1683, the Duke confirmed the
1 Col. Ilist. of N. Y., iii., 285.
2 Leaming and Spicer, 73. For a sketch of these proprietors, vide White- head's East Jersey, 199, &c.
125
QUIT-RENT OF BERGEN.
sale of the Province to the twenty-four proprietors.1 Under all of these different owners of the soil of the Province, the rights and powers of Government had always attached to the ownership.
Many patents for land in this county, cast of the Hackensack, had been taken out before the fall of the Dutch power. By the third article in the capitulation, " all people were permitted to enjoy their lands, houses and goods, and dispose of them at pleas- ure." Under this article they felt secure until the treaty of Breda, dated July 25, 1667. Then the freeholders in this county took out confirmatory grants from the proprietors, subject to a quit-rent of half-penny per acre .? To this burden much of the lands in East Jersey is yet subject, though years have gone by since its collection was enforced. Whether it was to avoid the granting of particular tracts to individuals, or because the Dutch government had already granted to the town and freeholders all of the unappropriated lands in the old township, we do not know, but it is worthy of notice that the proprietors never gave to an individual an original patent for land in the township of Bergen.
By the second article of Carteret's Charter the quit-rent of half-penny per acre, so far as the township of Bergen was con- cerned, was compounded for £15 sterling per annum. In the course of time the payment of this was neglected, and finally refused. Hereupon a controversy arose between the proprietors and the freeholders of Bergen. Finally, Cornelius Van Ripen, a freeholder in the township, was arrested for the debt. A com- promise was then agreed upon, and the freeholders of Bergen received a general release upon paying $1,500. This release was dated October 5, 1809.
The condition of this county in 1680 is minutely, though not in all respects accurately, described by George Scotts in a bri-
1 Leaming und Spicer, 88.
" The fact that all of the water front from Weehawken to the Kill van Kull had been granted by the Dutch before the laws of England applied, may be interesting to those who grow disputatious over riparian rights. Should not these rights be construed by Dutch law rather than by English law ?
3 Colonel Nicols says that Captain Scott " was borne to worke mischiefe as frre as he is credited or his parts serve him." It is also said that he aimed to
126
HISTORY OF HUDSON COUNTY.
chure entitled " The Model of the Government of the Province of East Jersey in America," published in Edinburgh in 1685, and reprinted in East Jersey under the Proprietors. Hesays : " Near unto Snake hill is a brave Plantation, on a piece of Land almost an Island, containing 1,000 or 1,200 Acres, belonging to Mr. Pinhorne,1 a Merchant at New York, and one Edward
get from the Duke the territory which Berkeley and Carteret obtained. Col. Hist. of N. Y., iii., 105. Quaere : was he related to Thomas Scott, who m. Caroline, dan. of Sir George Carteret ?
1 William Pinhorne left England in the ship Blossom, May 27th, and arrived at New York August 7th, 1678. Col. Hist. of N. Y., i., 741. He was a mer- chant, and a man of more than ordinary ability. On the 26th of March, 1679, he purchased of Edward Earle, Jr., one-half of the Secaucus tract and " one-half of the Stock, christian and negro servants." Liber 1 of Deeds (Trenton), 144. Winfield's Land Titles, 130. On the 15th of September, 1683, he was placed on a commission "to inquire into any piracies, felonies, &c., committed by Capt. Nicholas Clough." N. Y. Col. MSS., xxxiv., 3. He was commissioned Alderman of New York by Governor Dongan on the 24th of November, 1683, Ibid, 9; re- ceived a captain's commission on the 16th of September, 1684; was chosen Speaker of the New York Assembly in October, 1685, Col. Hist. of N. Y., iii., 716 ; appointed one of the Council of Governor Sloughter on the 31st of Jan- uary, 1689. Ibid, 685. He remained in this position under Governors Ingolds by and Fletcher. Valentine's Manual, 1864, 541. In the troubles of the period he took a prominent part, and finally became one of Leisler's judges. Col. Hist. of N. Y., iv., 325. In March, 1691, he was at his own request appointed Recorder of New York City, Ibid, iii., 767, which position he held until Sep- tember, 1692, Valentine's Manual, 1864, 560, and on the 5th of the following May Fourth Justice of the Supreme Court of New York. Col. Ilist. of N. Y., iii., 716. On the 10th of September, 1692, having removed to his plantation in New Jer- sey, he lost the Recordership and his place in the Council of Governor Fletcher, in whose "humble thoughts those who bear no part burthen should eat no share of our bread." Ibid, 847. Early in 1693 he returned to New York, was restored to the Council and raised to the position of second Justice of the Su- preme Court, with a salary of £100 per annum. Ibid, iv., 25, 37. Governor Bellomont afterward charged him with having secured these positions by pre- senting Governor Fletcher " with some plate." Ibid, ¿v., 321. On the 17th of July, 1693, he was appointed on a special commission to determine the propriety of establishing a permanent Court of Exchequer in New York. N. Y. Col. MSS., xxxix., 39, 79. The anti-Leisler party coming into power, June 7, 1698. he was suspended from his official positions, Col. Hist. of N. Y., iv., 321, and charged with being a " scandalous character," and with having cheated a wool merchant in London out of £4,000, with a part of which he purchased his farm in New Jersey. He now retired to Secaucus. But by direction of the Queen he
127
SCOTT'S DESCRIPTION OF THE COUNTY IN 1680.
Eickbe.1 Its well improved and Stockt .? Mr. Pinhorne payed for his half 500 lib. *
" To goe back to the South part of Berghen neck, that is oppo-
was in 1702 taken into the Council of Lord Cornbury. Leaming and Spicer, 619. Then the following commissions came to him in quick succession :
October 2, 1704, Second Judge of the Supreme Court of New Jersey.
May 22, 1705, Judge of the Bergen Common Pleas.
November 6, 1705, Second Judge and Assistant to the Chief Justice.
6, 1705, Judge of the Bergen Common Pleas jointly with Edward Earle.
June 8, 1708, Second Judge of the Supreme Court.
January 23, 1709, Judge of the Bergen Common Pleas.
Judge of the Bergen Oyer and Terminer. Book of Com- missions (Trenton), AAA. On the removal of Lieutenant Governor Ingoldsby, Judge Pinhorne, who had married Ingoldsby's daughter Mary, as President of the Council, became Commander-in-Chief of New Jersey. This position he held until Governor Hunter, who arrived May 7, 1711, demanded his removal and claimed that without it there could be " noe hopes of peace or quiet." Col. Hist of N. Y., 0, 204. He was dismissed from all official position in the early part of 1715. Ibid, », 361. He is described as " a very sensible, honest gen- tleman, who is a true member of the Church of England." Ibid, v., 335. He died in the latter part of the year 1719. Ibid, iii., 716. Pinhorne's creek (now written by Jersey City officials Pen Horn), on the easterly bounds of his old plantation, still perpetuates his name. Ile left a widow and four children : John, who was appointed clerk of Bergen county November 6, 1705, and ad- mitted to the bar June 6, 1707 ; Mary, who married Edward Kingsland, of New Barbadoes Neck ; Martha, who married Roger Mompesson, I bid, ., 423, who at one time was Chief Justice of New York, New Jersey and Pennsylvania, Val- entine's Manual, 1864, 597 (after his death she married Richard Warman), and Elizabeth, who married Timothy Bagley. Winfield's Land Titles, 131.
1 This is an error. Edward Earle, Junior, was the name. He came from Maryland, and on the 13th February, 1688, married Elsje Vreeland, of Gemoene- pa. He purchased the island of Secaucus April 24, 1676, and sold to Pinhorne one undivided half of it. In 1693 he was appointed tax commissioner for Bergen, and in 1694 a commissioner of the highways. Leaming and Spicer, 335, 346. He was a member of the House of Deputies in 1695. Record of Gov. and Coun- eil, East Jersey, i., 176. He was the founder of the Earle family in Hudson and Bergen counties, and was yet living in 1716.
" The following schedule will give some idea how the place was " stockt": " One dwelling house containing two lower rooms and a lean-to below stairs and a loft above, five tobacco houses, one hors, one mare and two coults, eight oxen, ten cows, one bull, foure yearlings and seven calves ; between thirty and forty hoggs, foure negro men, five christian Servants." Liber 1 Deeds (Trenton), 144.
128
IHISTORY OF HUDSON COUNTY.
site Staten Island, where is but a narrow passage of water, which ebbs and flows between the said Island and Berghen Point, ealled Constable's Hook.1 There is a considerable Plantation on that side of Constable Hook, Extending in Land above a mile over, from the Bay on the East side of the neck that leads to New York, to that on the west that goes to Hackensack and Snake- hill; the neck running up between both from the South to the north of Hudson's River to the outmost extent of their bounds. There belongs to that Plantation about 12 or 1500 Acres, and its well stockt and improved : it was settled first by Samuel Edsall in Colonel Nicolls' time, and by him sold 3 years ago for 600 : lib.
" There are other small Plantations along that neck to the East between it and a Little village of 20 families called by the Indians or Penelipe,? -- then further one to another cottage.3 There are more where Laurence the Draper lives, a Dutchman ;+ there may be 16 or 18 Families ; then one [on ?] to George Umpune [Gemoeunepan ?] which is over against Vew York, where there is about 40 Families, within which, about the middle of the neck, which is here about 3 myles over, stands the Town of Berghen, which gives its name to that neck ; then again Northward to the water side going up Hudson's River, there lyes out a point of Land, wherein is a Plantation and a water [mill ?] belonging to a merchant in New York.5
1 This place seems to have been a port of piratical enterprises. In the Post Boy, August 8, 1757, I find the following commercial advertisement :
"TO BE SOLD
At Van Buskirk's, at Kil van Kull, A Parcel of likely Negro Slaves, Men, Women, Boys and Girls, just arrived from GUINEA in the Sloop Williams, DAVID GRIFFITHS, Commander. Apply to RICE WILLIAMS, or the said DAVID GRIFFITHS."
2 The place here referred to, I have no doubt, is Pembrepogh. But as to there being twenty families there I have grave doubts. The author must have drawn heavily on his imagination, as he did in the population of Communipaw.
3 Probably the present homestead of the Currie family.
4 This was Laurens Andriesen, the founder of the Van Buskirk family. Win- field's Land Titles, 60. He lived on the shore about where Linden avenue strikes New York bay, in (late) Greenville.
5 This I take to be Weehawken. On the 10th of June, 1678, Nicholas Bay-
129
DESCRIPTION OF THE COUNTY IN 1680.
" Southward there is a small village about 5 or 6 Families, which is commonly called the Duke's Farme,1 and hath always paid a small annual rent to the Governor of New York, who first granted it ont for two lives, but is leased ont now for some years, yet is under the Jurisdiction of New Jersey for Government ; further up is a good Plantation in a neck of Land. almost an Island, called Hobuk. It did belong to a Dutch Merchant, who formerly in the Indian war had his Wife, Children and Servants murdered by the Indians, and his house, cattle and stock destroyed by them.2 Its now settled again and a mill erected there by one dwelling at New York."
As to Bergen he says : " Here is a Town Court held by Select Men or Overseers, who used to be + or more as they please to choose annually to try small causes, as in all the rest of the Towns ; und two Courts of Sessions in the year, from which if the Cause exceed 20 lib, they may appeal to the Governor und Council, and Court of deputies in their Assembly, who meet once a year. The Town is compact and hath been fortified against the Indians. There are not above 70 Families in it.3 The aeres taken up by the Town may be about 10,000, and for the Out Plantations 50,000, and the number of Inhabitants are computed to be 350,' but many more abroad. The greatest part of the Inhabitants which are in this Jurisdiction are Dutch, of which some have settled here upwards of 40 years agoe."5
ard had obtained the Proprietors' consent to use the water run at Wiehaken for a saw and corn mill. The Corporation of Bergen had given consent before this.
1 Known also as the West India Company's Farm and Harsimus. Winfield's Land Titles, 132. 2 This was Aert Teunisen.
3 There were only thirty-two lots in the town, some of which were common land and not occupied. It is quite certain that not more than one family was upon any one lot. His several estimates are overestimated iu about the same proportion.
4 According to these figures and the number of families previously given, he makes the number in each family average but a fraction over two!
5 It will be noticed that the above extract is a little confused and in some places greatly exaggerated. But it is well to remember that Scott was writing what we call a puff, for which he received his reward. Whitehead's East
9
130
HISTORY OF HUDSON COUNTY.
From the final surrender to the English until the Revolution- ary War-a whole century-but few incidents appear in the history of this county requiring notice. The people were quiet, domestic, unambitious, passed along through life adhering to truth, honesty and fair dealing, cultivating their farms and rear- ing their families in the fear of God and the doctrines of the old church of their fathers. The most of their troubles grew out of their lands, two-thirds of which lay in common.
As might have been expected, the Government of the Propri- etors was a failure. In the year 1700 the inhabitants of the Province represented to King William " that there did not re- main among them the shadow of law and Government," and requested him to take from the Proprietors a power of which they were unworthy. The colonie, in fact, became reduced to such a deplorable state by factions that it was represented " as being without law or gospel, having neither judge nor priest."1 The Proprietors surrendered the Government of New Jersey to the crown on the 15th, and the Queen accepted the same on the 17th of April, 1702. They were glad to lay off a burden which was pecuniarily unprofitable and very productive of discord.
By this time the people of Bergen began to feel that the Char- ter of 1668 was not sufficiently comprehensive for the govern- ment of themselves and the protection of their property. They soon after this petitioned for a new Charter. On the 14th of Jan- mary, 1714, the Queen granted what has since been known as
QUEEN ANNE'S CHARTER.
"Anne, by ye Grace of God of Great Britain, France & Ireland, Queen Defender of ye Faith &c. To all to whome these presents shall come or may in any wise concern, Greeting : Whereas our loving Subjects, Andreas Van Buskirk, Barnett Christian, Enoch Freeland, Rutt Van Horne, Frederick Culper, Wonder Deder- ieks and John Dedericks, Freeholders, Inhabitants of ye town of
Jersey, 236. The work was written from what was told him, what he had of his own knowledge, and what he guessed at. Ibid, 277.
1 Chalmer's Hist. Am. Colonies, i., 293, 376.
QUEEN ANNE'S CHARTER. 131
Bergen in ye County of Bergen, In our Province of New Jersey, on behalfe of themselves & ye rest of ye Freeholders of the sd town, by their Humble Petition to our trusty and well Beloved Robert Hunter, Esqr, our Capt Generall and Governour in Chiefe of our Province of New Jersey, have sett forth that their Ancestors & Predecessors, Freeholders of ye sd town, have possessed, held & enjoyed divers lands, tenemts & Hereditamts, & used & re- ceived Divers Privileges & Immunities by virtue of a Grant or Pattent sealed with ye seal of ye Province of New Jersey & signed by Phillip Cartaret, Esq", Late Governour of this Province, & his Councill, under ye Right Honorable John, Lord Berkley, Barron of Stratton, & ST George Carterett, Knight & Baronett, then absolute Lords Proprietors of ye sª Province, bearing date ye twenty-second day of Sept Anno Dom. one thousand six hun- dred sixty & Eight, weh sd Lands were butted & bounded as Fol- loweth, viz." (here follows the description as in Carteret's Char- ter), " & whereas divers of ye sd lands remain in common & un- divided for ye generall good & Benefitt of ye Frecholders & In- habitants of sd town, on wch sd Lands ye neighbouring townes & settled Do committ great waste and spoils in Cutting Down & carrying away great Quantities of their timber, who cannot be relieved In ye premises in ye ordinary course of Law or Equity through some Defects in ye Grant of Incorporation aforesd, weh to Prevent for ye Future they have prayed our Charter or Pattent of Incorporation, wch request we being willing to grant, know ye that of our Especiall Grace, certain knowledge & mere motion, we have given, granted, Ratified & confirmed, and Do by these presents for ns, our heirs & successors forever, Give, Grant, ratifie & con- firme unto Andreas Van Buskirk, Barnett Christian, Enoch Freeland, Rutt Van Horne, Henry Culper, Wender Dedreicks, John Dedreicks, in trust to & for themselves & ye rest of ye Free- holders, Inhabitants of ye sd town and their successors forever within ye Limits & bounds aforesd ye Free Liberty & Privilidge of being a township, & they & their successors forever hereafter are & shall be by virtue Hereof a comunity or township, or body Corporate, or Politick in deed & in name by ye name of ve Trustees of the Freeholders inhabitants of ye township of Bergen,
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