USA > New Jersey > Hudson County > History of the county of Hudson, New Jersey : from its earliest settlement to the present time > Part 13
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132
HISTORY OF HUDSON COUNTY.
& that they & their successors forever hereafter shall & may have a perpetuall succession of ye number of seven of ye principall free- holders & inhabitants of ye sª township of Bergen, who shall be ye trustees of ye Freeholders inhabitants of ye township of Ber- gen, that is to say, that upon ye Death or other avoidance of any one or more of ye sd trustees, it shall & may be lawfull for ye Freeholders of ye sd township for ye time being, being there- unto Sumoned or Warned by ye Constable or Constables of ye sd township for ye time being by order of ye surviving trustees of ye sd township of Bergen, or ye major part of them to assemble & meet together at such time & place within ye sd township as ye sª surviving trustees for ye time Being or ye major part of them, from time to time as need shall be, shall think fitt to nom- inate & appoint & there by majority of votes of ye sd Freehold- ers to Elect & chuse so many of ye Principal Freeholders of ye sª township residing within ye bounds of ye sª township as may make ye number of ye sd trustees to be seaven1 wch trustees so cho- sen & elected as aforesd together with ye surviving trustees for ye time being shall be trustees of ye sª township to all intents and purposes as much as if they had been particularly nominated & expressed in this our sd Grant, & we do further Give & Grant un- to ye sd trustees of ye Freeholders inhabitants of ye town of Ber- gen & their successors forever that it shall & may be lawfull to & for ye sd trustees & their Successors forever by ye name of ye trustees of ye Freeholders Inhabitants of ye Township of Bergen in any of our Courts within our sd province of New Jersey to Sue and be Sued, answer & be Answered unto, Implead & be Impleaded, Defend & be Defended. And we do further Give & Grant unto ye sd trustees of ye Freeholders Inhabitants of ye township of Bergen & their Successors forever Hereafter full Power and Lawfull Authority as Often as there shall be occasion at their Discretion or ye Discretion of the Major Part of them to Sumons & eall together ye Freeholders of ye sd township & for ve sd Frecholders & their Successors so summoned and called to-
1 Vide Pamphlet Laws, 1804, p. 419. This charter was amended so as to make the office of trustee annual.
133
QUEEN ANNE'S CHARTER.
gether to Assemble & meet together at such certain Days & at such Place as ye sª trustees for ye time being, or the major part of them shall appoint to make & Enter in a Book for that pur- pose to be kept all such prudentiall rules and orders for ye Im- provemt preservation & Defence of their sd Comons as they or ye Major part of them shall agree upon, as also to appoint a Clerk & Register for ye Doing thereof, & to contribute & Beg amongs themselves such sum or sums as are absolutely necessary for ye doing thereof from time to time as need shall be & not otherwise, & further, We do for us, ourselves & Successors Give & Grant unto ye sª trustees of ye Freeholders Inhabitants of ye township of Bergen & their Successors forever, that they & their Success- ors by ye name aforesd be forever hereafter one body corpo- rate & Politickall & Capable in ye Law to Purchase, have, take & receive & enjoy to them & their Successors forever ye use of ye Freeholders Inhabitants of ye township of Bergen, Lands, Tenemts, Messuages, Rents, Privilidges & other Hereditamts whatsoever, of whatsoever Nature, Kind & Quality they be in fee & perpetuity as also to Give, Grant, Bargain, allott, Lett, Dispose of any of the Land belonging or appertain- ing to ye sª Comunity & as yett unappropriated, either for one, two or three Lives, for term of years, or in fee, & also that ye sª Corporation shall & may forever hereafter have & Use a comon seal for ye Business of them & their Successors wth full power to alter, break & unmake ye same at their Discretion, & we do further Give & Grant to ye sd trustees of ye Freeholders Inhabitants of ye township of Bergen & their Successors forever, that it shall & may be Lawfull for ye Freeholders Inhabitants of ye sd town Annually & once in Every Year to Assemble & meet together on ye first Tuesday in May annually to choose two Constables, one Overseer of ye poor, and two Overseers of ye Highways by ye Majority of ye Voters of ye sd Freeholders In- habitants of ye town of Bergen, weh Constables & Overseers so chosen as aforesd shall serve in their Respective Offices in ye sd town untill ye next Anuall Election If they so Long shall Live or pay ye sum of two pounds each Person refusing to serve for ye Use of the poor of ye sd Town & That in case of ye Death or
134
HISTORY OF HUDSON COUNTY.
Refusall of any of yo sa Officers; As often as pe same shall happen ont of ye Usuall anniversary Time of Election that it shall & may be Lawfull for ye Freeholders Inhabitants at any other time & place to Assemble & meet together to C'huse others in their Room & place & that it shall & may be Lawfull for any Trustees of ye place within The sª Township to administer an Oath to ye sd Officers of ye sª Town for ye true & Faithful Discharge of their Respective Offices to have, hold & enjoy all and singular ye sª privilidges, Rights, Liberties & immunities aforesd to ye sd Andreas Van Buskirk, Barnett Christian, Enoch Freeland, Rutt Van Hoover, Hendrick Culper. Wonder Dedericks, John Dedericks, Freeholders Inhabitants of ye town- ship of Bergen & their Successors forever, yielding, Rendering & paying unto us, ourselves & Successors, or to our or their Collector & Receiver Generall of our sd province for ye time being yearly & every Year Five Shillings in Lien & stead of all other Rents, Services, Dues, Duties & Demands whatsoever for ve same.
" In Testimony whereof we have Caused these our Letters to be made Pattent & ye Seal of our Province of New Jersey to be affixed, & ye same to be Entered of Record in our Secretary's Office of Our sª province. Witness our trusty & well beloved Robert Hunter, Esqr., our Capt Generall & Governor in Chiefe in & over our Province of New Jersey, New Yorke &c. This Fourteenth Day of January in ye twelfth year of our Reigne &c.
" BASS, Secretary."1
This charter was confirmed by the Council on the 13th of March, 1714.
The principal motive in requesting this Charter was to get power to protect and take care of the common lands. These comprised about two-thirds of all the lands in the township of Bergen, and were used by the freeholders for common pasture. To avoid the difficulty and confusion which would naturally arise from the cattle running together in the commons, the Legis-
1 Book of Commissions (Trenton), 154.
135
MARKING CATTLE AND ADVERTISING ESTRAYS.
lature, on the 7th of November, 1668, provided for the marking of cattle,1 and directed a description of such marks to be entered in a book to be kept for that purpose. Laurens Andriesen was made recorder and marker, April 6th, 1670. This practice of marking thus instituted ontlived the common lands and came down even into the present century. The following entries, taken from a fragment of the old town book now preserved in the county clerk's office, will give a good idea of the way such entries were made, and of the novelty of some of the marks :
" Hendrick van Winkel seyn merk Een gaffel uyt het ent van het slinken oor en seyn brant op de slinken bil. H."
" Meyndert ger brantse seyn merk Een gaffel nyt het slinken oor En Een slip in het ent van het righter oor en seyn brant op de hooren, M. G."
" Pieter Boskerck syn merk Een half maentie onder uyt het slinken oor."
The law also provided that whenever an estray came upon one's premises it was a duty to record a description of the same with the Town Clerk, to enable the owner to recover his property .? The following are a few specimens of such recorded notices, literally copied, and they afford ample proof that the Town Clerk and the Schoolmaster were not the same person at that day :
" Strayed on the premises of John Stevens Hoboken a brown horse supposed to be three years old no artificial mark with a star in the forehead and left hind foot white about twelve hands high."
" A stray Muel at the House of Garret van Derhoof Being a Dark Brown Couller Marked on the left shoulder with the Letters N. A."
" A Red Bull with a Wite Streek on the Buttok with no mark at the House of Moses van Amen at Bergin Point the Creator will Be two years old this Spring."
With all the precaution the authorities could take, peace and
1 Leaming and Spicer, 86.
2 Nevill's Laws, i. 357.
136
HISTORY OF HUDSON COUNTY.
harmony were but uncertain tenants in the township. Some encroached upon the common lands, cleared and fenced beyond the bounds of their respective patents. Others imposed upon them undne burdens, cut and carried away the timber.1 To settle all these difficulties the frecholders mutually entered into an agreement that they would employ a surveyor to run out the bounds of their respective land, and that each one would aban- don whatever of the commons might have been appropriated. until the same should be properly and fairly partitioned.2
It is not now known that this agreement was ever carried out. The probabilities are that it was not; at all events it did not prevent the difficulties which it was intended to provide against. Matters continued to grow worse until, finally, on the 7th of December, 1763, the Legislature passed the act providing for a survey of the patented lands and allotment of the commons among the freeholders.$ This act was of vast importance in the history of this county.4
The commissioners named in it appointed George Clinton of New York and Jonathan Hampton of Elizabeth surveyors (the latter did not act), and entered upon their work on the 6th of March, 1764, at the house of Stephen Bourdett at " Wiehaken," to which place all land owners were requested to bring their pat ents and title papers. Notwithstanding the extent and accuracy of their labors, the work was finished on the first day of March, 1765. Owing to uncertainty in the ownership of Secaucus, the comnons allotted to that traet was not finally allotted until the 15th of June, 1785.
1 Nevill's Laus, i., 285.
" A copy of this agreement may be found, in extenso, in Winfield's Land Titles, 16.
3 Alinson's Laws, 263.
4 The reader who may be interested in looking at this act and at the survey and map made in pursuance thereof, is respectfully referred to Winfield's History of the Land Titles in Hudson County, New Jersey. In that work has been in- serted many facts which throw light upon the titles to land in the county from 1609 to 1871. The publication of that work relieves me from tracing out the history of the land in this volume.
CHAPTER VII.
The Revolutionary War-How it affected Hudson County-Incidents of the war in this County-Fort Delancey-Capture of Paulus Hoeck-Block House Point-The Cow-Chase -- Desertion of Sergeant Champe, &c., &c.
DURING the Revolutionary war that portion of Bergen County now known as Hudson County was important territory. Early in that contest it became manifest that whichever party held the city of New York must greatly depend on Bergen as the gate to New Jersey. Hence, each party while in possession was care- ful to strengthen it against the assaults of the other.
As soon as it was understood that the British were preparing to leave Boston for New York, Lord Sterling, then in command of the American forces in this vieinity, took measures to place Bergen in a condition of defence, and to open means of commu- nication with the interior of the State. On the 18th of March, 1776, he proposed, first, to make a good and broad road from Brown's ferry to Paulus Hoeck ferry, which he considered of great importance to the city of New York; second, to make a good road from Weehawken to the Hackensack ferry.1 He de- signed to place the Bergen militia at these works; two hundred men on the former, and one hundred men on the latter.2 He devised the works on Paulus Hoeck and Bergen Neck; the for- mer to prevent approach from the city of New York, and the latter to prevent inroads from Staten Island. For the location and design of them, he personally examined the ground on the 23d of March, and proposed to have them constructed by the militia of Bergen, Essex and Middlesex counties.3 On the arrival of Washington orders were given for the immediate construction of the works at Paulus Hoeck, as they were considered "of im-
1 This was afterward known as Dow's (or Douw's) ferry.
Am. Archives, 4th Series, r., 402.
3 Life of Lord Sterling, 157.
127
138
HISTORY OF HUDSON COUNTY.
portance."! These works were soon completed, and troops sta- tioned in them. Of such importance were the works on Paulus Hoeck considered, that one of the objects of the great Hickey conspiracy was to seize and hold them in the name of the King .?
On the 29th of June the look-out on Staten Island announced the approach of forty sail. It proved to be the advance of Ad- miral Howe's fleet, bringing a portion of the British forces under General Howe. In two days other arrivals swelled the number of men-of-war and transports to one hundred and thirty. The troops landed on Staten Island, and the fleet cast anchor off the mouth of the Kill Van Kull. The tories in the vicinity now has- tened to take sides against the colonies and for the king. The people of Staten Island led off and took the oath of allegiance to the British crown. On both sides of the Hudson the anti-revolu- tionists in great numbers repudiated further resistance to his majesty.3 Many who had taken an active part with the patriots, now, looking upon the freedom of the colonies as a " lost cause." forsook their first love and, with the apostate's zeal, joined their former foes. Prominent among such were William Bayard, the owner of Hoboken, and Abraham Van Buskirk of Saddle River, who afterward became lieutenant-colonel in the British service.+
At this time General Hugh Mercer, the veteran of Culloden
-Am. Archives, 4th Series, vi., 534. " Irving's Washington, ii., 246.
" Knight's Hist. of England, i., 271.
4 The following sworn statement, found at Albany among the papers of the Committee on Conspiracies, is worthy of insertion here :
" [Miscel. Pap. 34 :"'430.]
" To Collo WILLIAM ALLISON.
" Whereas it is represented to us that David Baulding of Bergen County in New Jersey, but now in the City of New York, can give very useful and im- portant intelligence respecting the late discovered Conspiracy against the Rights and Liberties of America,
" We do therefore in Pursuance of a Resolve of the Congress of this Colony, authorize and request you to bring the said David Baulding forthwith before us, That he may be examined touching the said Conspiracy.
" Given under our Hand this 29 June 1776.
" PHIL LIVINGSTON, " JOIIN JAY."
139
GENERAL MERCER AT PAULUS HOECK.
and Du Qnesne, who afterward fell, covered with glory, at Princeton, was in command in New Jersey, with his flying camp at Bergen. He had been sent by Washington to Paulus Hoeek to make arrangements for the Pennsylvania militia as they should come in. Fearing an attack from Staten Island, General Mercer was ordered on the 4th of July to place a guard of five hundred men at Bergen Neck. He was also recommended by the commander-in-chief to place a guard at the ferries over the Hackensack and Passaic rivers, and was promised that on the next day an engineer should be sent over from New York to erect some works for the security of those places.1 After making an examination of the Neck and the general condition of things there, he reported that the cattle had not all been removed, that some families on the Point held intercourse with the enemy (at that time between eight and nine thousand strong on the Island), that Colonel Ford's force there amounted to not more than three hundred and fifty men, and that he could not reinforce them to
"[Miscel. Pap. 34 : 402.]
" The Information of M' David Baldin, Saith he has had Reasons for some time past to believe there was a Correspondance kept up by the people of Rampo and the men of war as well from the temper of the people as from many Words Dropt from time to time he says that about the 17th Inst he told that Lawrence Van Bushkirk the Miller at Rampo, abraham Van boskerk and a Schoolmaster & Thomas Van Boskirk at Saddle River was going on Board the Man of War that something prevented all but the School Master who he veryly Beleives did go & that there is one Peter Van Bushkirk Living at or near the hook or mouth of the Kills in Bargain County who its frequently said has followed trading with the men of war who he has Reason to believe Carrys people on Board when Ever Requested, and has a sufficient Craft for that pur- pose, and that this Informant Came to New York on purpose to let it be known that on his way he stoped at Erlses in Bargain woods where he was Drinking toddy in Company with Francis Steephens Late a Resident of this City who took him the said baldin to be freindly to the tory side when said Stephens told Baldin that there was 50 Sale of Kings Ships near the hook and that there would soon be 150 Sail to New York that Erls said that knews Came from on board the Man of War this Week that Stephens Charged the Informant not to mention it to some certain freind of his in New York.
" Sworn the 29 June 1776 Before us :
Am. Archives, 4th Series, ci., 1263.
" PHIL LIVINGSTON,
" JOHN JAY."
140
HISTORY OF HUDSON COUNTY.
five hundred after placing proper guards at the ferries. He pro- posed, therefore, to send the Pennsylvania militia to Bergen Neck as they arrived.1 The different "passes in Bergen Neck " and on the Jersey shore opposite Staten Island were to be fortified by the chief engineer of the American forces to prevent the enemy
PISAICK R
SADDLER
· HACKINSACK
RIVER
ACQUAKINUNK
OVERPECK
P
BERGEN
JUGREENWICH
K BAY
NEW
PRI
BEDLOCSI
GOVERNORS L
RED HOOY
BERGEN POINT
CONSTA
.
S. ISLAND
DIITCH CHURCH
YELLOW HOCK
coming over.2 To meet the crisis that was approaching, in the early part of July General Wadsworth's brigade was sent over to Bergen, where it was joined by a battalion of Jersey troops.3
General Mercer now feeling that he was in a fair state of prep- aration for the enemy, who showed no disposition to enter New
1 Am. Archives, 5th Series, i., 120. This post, afterward known as Fort Delancey, was situated on the rising ground, bounded by Forty-fourth and Forty-fifth streets and Avenues B and C, in Bayonne, about a quarter of a mile below the canal. It was held by the refugees under Captain Tom Ward for some years. 2 Ibid, 5th Series, i., 174. "Ibid, 5th Series, i., 328.
NEWARK
BROOKLYN FERRY
TABLE POINT
141
IIIS PLAN TO ATTACK THE BRITISH.
Jersey, formed a plan to attack him on Staten Island. His plans were all laid for the evening of the 18th of July. Great caution was required in his movements, for Bergen was filled with tories.1 The sixth point in his plan of attack was as follows : " Sixth. A party to attempt to surprise the enemy's gnard on Buskirk's Point,2 which is on the southeast corner of Bergen Point ; this party, or guard, does not seem to be large, but it is said they are possessed of two six-pounders. The party that makes the attack must not attempt to go over the causeway or road over the meadow, the cannon being in all probability ap- pointed to command that pass, but should be provided with some boards, and proceed in two or three columns over the meadow. where they will meet with no other obstruction than a small creek or ditch, which they will easily pass with the help of the boards. If this place is carried, a cannonade and bombardment should, as soon as possible, commence on the ships, a great num- ber of which now lie within reach of the place. A cannonade should also commence on Bergen Point, opposite the church and Decker's, where it is said about six hundred men are posted ; this cannonade, with round and grape shot, would confuse the troops in forming, and prevent their succoring the guard at Elizabethtown Point, or opposing our party who make their descent near Shutter's Island. The cannonade should also be kept up on such parts of the shore of Staten Island where any boats are collected or may assemble. The party for these several matters on Bergen Neck should be about seven hundred men, be- sides the riflemen."" Ilis plans failed, however, on account of the bad weather, which prevented his forces crossing the Kill Van Kull.
Carrying out the instructions he had received, General Mercer stationed at the ferries over the Hackensack and Passaic rivers
1 To show how alarmingly disaffection had spread among the people of Ber- gren, I have been told by old people that only fourteen whigs could be found in the whole township.
" A part of Constapel's Hoeck, on which the enemy had landed shortly after his arrival in the harbor. It was the first landing place of the British forces "Am. Archives, 5th Series, 1, 443. in New Jersey.
142
HISTORY OF HUDSON COUNTY.
two captains and one hundred and twenty-two rank and file.1 About this time the troops on Bergen Point practiced occasion- ally on the fleet of the enemy. The following shows how ill- naturedly these little attentions were received :
" NEW YORK, July 25, 1776.
"Our troops stationed on Bergen Point give the Ministerial fleet and army some uneasiness, by firing at the tenders, boats, &e. It so galls and provokes them, that they return the fire with great fury, but have not done the least damage to our peo- ple. Last Lord's Day a great many shot were heard in this city and at Bergen Point. The occasion was this : A barge from the fleet, full of men, landed on the Point, but were opposed and driven off with precipitation by our troops; a smart fire ensued from a tender for a considerable time, without doing any injury."?
While General Mercer had been putting the shore of East Jersey in a state of defence, the forces of the enemy had been augmented by arrivals, until, in the harbor and on Staten Island, they numbered thirty thousand men.3 The harbor was filled with their shipping. On the afternoon of the 12th of July- eight days after the Declaration of Independence-the Phoenix, carrying forty guns, under command of Captain Parker, and the Rose, carrying twenty guns, under command of Captain Wal- lace. came sweeping up the bay, having the advantage of both wind and tide. Then for the first time the thunders of civil- ized warfare burst from the sand-hills of Paulus Hoeck; then for the first time its batteries were trained upon an enemy. They opened on the ships with a spirited fire, which was re- turned with broadsides as they passed. The vessels suffered but little damage, their decks being protected by ramparts of sand- bags.4 On the same evening Lord Howe sailed up the harbor, greeted by the booming of cannon and the huzzas of the British.
On the first of August Colonel Bradley's regiment was at
1Am. Archives, 5th Series, i., 575.
3Ircing's Washington, ii., 300.
"Ibid, 5th Series, i., 578.
+I bid, ¿i., 260.
143
ASSEMBLES HIS FORCES AT BERGEN.
Bergen, while the enemy still held Constapels Hoeck.1 With Bradley's force, General Mercer had in East Jersey a considerable body of men. Washington was anxious for reinforcements in New York, and made known his wants to General Mercer. That officer replied as follows :
" POWLES HOOK, August 15, 1776.
"SIR : I was at Elizabethtown when your letters of the 13th and 14th reached me. The men who had been prepared to join the army at New York lay at Newark. The posts along the Jersey shore opposite to Staten Island are sufficiently guarded, and more troops are daily arriving. If you approve of it, a body of four hundred men, well accoutred, from the Delaware coun- ties, may be stationed at Powles Hook, and four hundred of the Jersey men for the Flying-Camp at Bergen-Town, besides what we may spare to be ready in case of emergency at Newark. Eight hundred men will cross to-day to join you. If more are nec- essary, please to inform me. I shall be to-night at Newark.
" I have the honor to be, Sir, your Excellency's most obedient servant, H. MERCER."2
Again upon this subject he wrote to the President of Congress :
"NEWARK, August 28, 1776, 5 o'clock A. M.
" SIR: General Washington had wrote me that some rein- forcements would be necessary at New York and Powles Hook. * On the way yesterday evening, General Wooster's Aid-de- Camp met me, with a few lines from the General, signifying that it was General Washington's orders that I should march, with all our army under my command, immediately to Powles Hook. The necessary orders were sent to Amboy, Woodbridge and Eliza- beth-Town, last night, and I hope to have on Bergen, ready to pass over to New York, if required, from three to four thousand men. Our whole force, including the New Jersey militia, from Powles Hook to Shrewsbury, amounts to eight thousand and three hundred. * * * * General Washington, with the greater part of the Army, was on Long Island yesterday ; and the ac-
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