USA > New Jersey > Hudson County > History of the land titles in Hudson County, N.J., 1609-1871 > Part 2
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Wherefore they do declare, for themselves and them which are absent, to resign and transport the lands before mentioned, to the above- mentioned General and Council, in full, free, and perfect propriety, desisting of all actions and claims, which they could or might pretend, to the lands before mentioned-the transporters promise now or here- after, not to make any pretensions thereon ; but to keep and hold this transport firm, sure, and inviolable. Promising also, to the said Director and Council, to free and warrant the said lands against all claims any other Indians might pretend to, and if it should happen that in future times, any of the Dutch, by any Indians, should be damaged on preten- sion they were not fully paid for the lands aforesaid, they, the sellers, do promise to repair and satisfy the damages. It is also stipulated and agreed, the aforesaid Indians shall depart and remove by the first con- venient opportunity, off the lands aforesaid; and that none of their nation shall come and continue to dwell upon it, without knowledge and consent of the Director-General and Council. Thus done at the fort Amsterdam, and signed with the marks of the Indians, after the cargoes were delivered to their hands, on the 30th day of January, Anno Domino 1658.
T,
the mark of Therincques made by himself.
7 , § the mark of Bomokan.
the mark of § t, the mark of Wewenatokwee. t,
Saghkow.
7,
the mark of Memirvokan.
F, the mark of Sames. the mark of
the mark of Sames,
t, Koghkenningh. Wairimus Couwee.
7, as witness,
otherwise called Job.
the mark of
Wawapehack.
LAND TITLES.
"We, the Subscribers, witnesses hereunto, desired by the Director- General and Council, do certifye and declare, by this present, that the above bargain for the lands before mentioned, is so made before us, and the lands, by the sellers transported to the Director-General and Council ; on the conditions and terms comprehended in the bill of sale, the con- ditions and substance plainly told, acquainted and declared to the sell- ers by the interpreters Govert Loocquermans, Peter Wolphertson van Cowenhoven, and Claas Carstensen, and also by Wharimes van Couwe, formerly an owner of the lands aforesaid; and whereupon, the sellers have consented to the bargain, transported the lands, and received the mentioned cargoes and wampums, signed the conditions, with the above marks.
In witness hereof, have we subscribed this, the day and year afore- said, at the fort Amsterdam, in New Netherlandt in the Council Chamber.
JOH. MEGAPOLENSIS,
PETRUS STUYVESANT,
SAMUEL DRISIUS,
NICASIUS DE SILLE,
OLOFF HERENSIN,
PITER TOUNEMAN,
GOVERT LOOCQUERMANS,
PIETER COWENHOVEN,
MACHIEL YANSEN,
JAN EVERTSEN BOUT,
F, the mark of CLAAS,
CARSTENSEN NOORMAN, T' Present,
CORNELIUS VAN RUYVEN, Secr." *
In connection with the above deed it is proper to insert a cer- tificate of Governor Stuyvesant and his secretary :
" We, underwritten, the late Director-General and Council of New Netherlandt, hereby certify and declare, that in the year one thousand six hundred and sixty-one, by us underwritten, in quality as aforesaid, have given and granted to the inhabitants of the village of Bergen, the lands, with the meadows thereunto annexed, situate on the West side of the North River in Pavonia, in the same manner as the same was by us underwritten, purchased of the Indians, and as the same was to us delivered, by the said Indians, pursuant to an instrument of sale and delivery thereof, being under the date of the 30th of January, A. D. one thousand six hundred and fifty-eight; with this express condition and promise, that the aforesaid inhabitants, of the before named village, shall not be prejudiced in their outdrift, by means of any private col- lective dwellings (saving only the right of the then already cultivated farms at Gemoenepan). But that all such who have any lands within the district of the before named village, and especially at Pemrepogh, and Mingackque, all such owners shall be obliged to remove their dwell- ings and place them in the village or town of Bergen, or by or about the neighborhood of Gemoenepan before named. Conditioned, how-
N. Y. Col. MSS., viii. 707. It may be well to note here that the Indians, in the conference held at Easton, October 23, 1758, gave to Governor Bernard two deeds, releasing all their rights in and to the soil of New Jersey, for which they received £1,000 .- Smith's Hist. of N. J., 479. These deeds were afterwards, at the request of Governor Franklin, ratified by the Six Nations at a conference held at Fort Stanwix (Rome), October 24, 1768. - Col. Hist. of N. Y., viii. 112.
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ever, that the aforesaid owners, (in case they should desire the same), should be permitted to share, and divide with the inhabitants of the before named village or town, in the common lands of the said town, and in the place and stead of their lands lying at Pemrepogh and Min- gackquie before named. (And especially that the meadows laying near the village or town of Bergen, where the same begins, at the West side along Kill van Kol, should be and belong to and for the use of the before named inhabitants of Bergen.)
And further, we the underwritten, certify and declare, that Michael Jansen, deceased, (before or about the time that the aforesaid village or town was laid out), for himself, as also for and in behalf of his brother-in-law, Nicholas Jansen Barker, did, in our presence, renounce all the right they had to the pasture ground, laying behind Gemoenepan, for a common outdrift and pasture between the aforesaid village or town, and the neighborhood of Gemoenepan, before named.
And lastly, that no more lands were given or granted to Dirck Clausen, than Rightpocques, with the meadows thereunto belonging, as by the ground-brief thereof may further appear.
In testimony of the truth, we have signed these with our own hands, in New York, the 26th of October, A. D.
P. STUYVESANT, NICASIUS DE SILLE."*
By what instrument the lands herein referred to were granted to the inhabitants of Bergen we do not know. Such grant is not to be found in the Ordinance of September 5, 1661, and it is worthy of notice that many grants from the Dutch Government to individuals are to be found bearing a later date ; yet the Governor must have understood the Ordinance of 1661 to con- tain such a grant, or else the grant to which he refers has been lost. Whatever the fact about the grant may be, it is quite probable that this certificate went far towards satisfying Governor Carteret that the freeholders of Bergen were entitled to all the unpatented lands. In this light the charter of 1668 was only a confirmation of the rights which the " Freeholders, Inhabitants of Bergen," possessed under the Dutch Government.
The village of Bergen was laid out in 1660. It was laid out in a square, surrounded by narrow streets, yet in existence, along which were creeted the palisades. Within this enclosure all the inhabitants in the township were obliged to gather, except such
" Taylor's Annals, 50 : "The year when this certificate was given, is not in- telligible in the original instrument. But as they certify as former Governor and Council, it must have been after August, 1664, when the English conquered the country.
" New York, February 20th, 1764. Translated from the Dutch, by Abm Lott, Jun'r."
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LAND TITLES.
as collected within the fortifications at Communipaw. The land within the town plot was laid out into building plots by Jacques Cortelyou, Town Surveyor, and numbered on the map. The land surrounding the town was laid out into larger lots, for garden or farm purposes, and also numbered on a map. The land out- side of the town plot was known as Buyten Tuyn-i. e., outside gardens. It still retains its original name. I have not been able to find these maps. The lots within and without the town were freely given to those who desired them. Many, it seems, did not trouble themselves to have their lands surveyed and staked out, or ask for a grant thereof. This made confusion, and caused the following Ordinance :
" ALL Inhabitants of New Netherland, and especially those of the Village of Bergen, on the West side of the North River; also all others who have or claim any Lands thereabout, are Ordered and commanded that they, within the space of three months after the date hereof, at latest, before the first of January next, shall have all the cultivated and uncultivated Lands which they claim, surveyed by the sworn Surveyor, and set off and designated by proper marks, and on the exhibition of the Return of survey thereof, apply for and obtain a regular Patent as proof of property, on pain of being deprived of their right, to the end that the Director-General and Council may dispose, as they may deem proper, of the remaining Lands which, after the survey, may happen to fall out- side of the Patents, for the accommodation of others. All are hereby warned against loss and after complaints.
" Thus done in Fort Amsterdam in New Netherland, the 15 September, 1661." *
A few lots within the town were taken by persons who resided in New Amsterdam, and possibly elsewhere. They erected no buildings, and of course provided no occupant of their property. Those who resided in the town were forced to contribute to the defence thereof, and thus protected the property of non-residents while securing their own. They felt this to be an unjust bur- den, and their complaints called forth the following Ordinance, passed November 15, 1663 :
" On the repeated complaints of the majority of the Inhabitants of the Village of Bergen, that some continue to neglect to occupy the Lots they obtained in said Village, and to keep thereon a man fit to bear arms; also that some absent themselves without providing for their Watch, whereby the people of said Village are so much fatigued that they cannot any longer stand at their posts, and are unwilling to go any
N. Y. Col. MSS. IX. 888.
2
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longer on guard unless the others, who have vacant Lots, keep for the guard one man with them for each Lot; the Director-General and Council, in order to prevent this confusion, resolve that all those who claim any Lots in the aforesaid Village shall, within 24 hours after the service hereof, furnish and continually maintain for each Lot one man able to bear arms, and to keep watch and ward, on pain of having the Lots with the Lands thereunto appertaining, as surveyed by the Sur veyor, immediately given and granted in propriety to others. Let every one be hereby warned for the last time." *
The Dutch grants were made without pecuniary consideration. There were, however, conditions annexed to them, a sample of which may be found in the Note to the Weehawken Patent.
CHAPTER II.
TITLE UNDER THE KING AND LORDS PROPRIETORS.
NOTWITHSTANDING the occupancy of the country by the Dutch for over half a century, the English had never yielded the claim which they based on the fact that Cabot, in the employ of some Englishmen, in 1498, sailed along our coast, but whether in sight or out of sight they scorned to demonstrate. And with the fact before us that this claim was made good by the irresistible logic of a successful war, it is not worth while to dispute its validity. We will, therefore, proceed to trace the general title from the King of Great Britain: +
On March 12, 1664, Charles II. granted unto his "dearest brother JAMES, Duke of York, his Heirs and Assigns," inter alia, " all the Lands from the West side of Connecticut, to the East side of Delaware Bay," with powers of government.# On the 23d and 24th of June, 1664, by lease and release, the Duke conveyed to John, Lord Berkeley, Baron of Stratton, and one of the Privy Council, and Sir George Carteret of Saltrum, Knight, and Member of the Privy Council, " All that Tract of Land adjacent to New-
N. Y. Col. MSS. X., part ii. 389.
t I give no attention to the claim of Sir Edmund Ployden to all the lands between Long Island Sound and Cape May, who professed to erect it into a free county palatine, and called it New Albion. His pretensions never disturbed the regular current of title.
# Leaming & Spicer, 3.
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England, and lying and being to the Westward of Long-Island and Manhitas Island, and bounded on the East part by the main sea, and part by Hudson's River, and hath upon the West Dela- ware Bay or River, and extendeth Southward to the Main Ocean as far as Cape May at the Mouth of Delaware Bay; and to the Northward as far as the Northermost Branch as the said Bay or River of Delaware, which is forty-one Degrees and forty Minutes of Latitude, and crosseth over thence in a straight Line to Hudson's River in forty-one Degrees of Latitude ; which said Tract of Land is hereafter to be called by the Name or Names of Nova Ceaserea or New-Jersey."*
The war between England and Holland was followed by the Treaty of July 21, 1667 ; but in 1672 it again broke out, and the Dutch recaptured the country, August 9, 1673. By the Treaty of February 9, 1674, the country was for the second time confirmed to the English.t
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 to be satisfied with his tenth .¿ 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 creditors. Fenwick sold his interest to John Eldridge and Edmond Warren, who sold to Penn, Laurie, and Lucas. §
To clear up any shadow which the recent occupation by the Dutch might have cast upon former grants, Charles II. made a second grant to the Duke, June 29, 1674 .| This was followed by the Duke, July 29, 1674, with a grant to Sir George Carte- ret of what was afterwards known as East Jersey. On July 1,
* Leaming & Spicer, 10. t Valentine's Hist. of N. Y., 175.
# Long Isl. Hist. Soc., i. 243. § Gordon, 72. | Ibid, 41.
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LAND TITLES.
1676, by the " Quintipartite Deed," the State was divided, and Sir George received the eastern portion in severalty .* 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.t 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 second 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 fol- lowing warrant therefor exists :
" These are to direct and require you to prepare for my signature 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 de- ceased) his moyty of New Jersey (called East New Jersey) in Amer- ica. For wch ys shal be yor Warrt, Provided it be entred wt my Auditor Gen" wthin two months of its date. Given undr my hand at Windsor ye 6th day of September (80).
"To Sir John Churchill Knt my Atturney Gen" or to Sir George Jeffreys Knt my Sollicte Gen" ." }
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 Release of East Jersey. §
On the 20th of February, 1681, Earl Sandwich released his interest in East Jersey to his associate trustees, and they again sought to negotiate a sale of the Province. Failing to find a
* This division was confirmed by the General Assembly in 1719.
t Vide Will, Perth Amboy, Liber, C3, 17.
# Col. Hist. of N. Y., iii. 285. § Ibid.
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LAND TITLES.
purchaser at even the sum of five or six thousand pounds, it was sold at public sale to William Penn, Robert West, Thomas Rud- yard, Samnel Broome, Thomas Hart, Richard Mew, Ambrose Riggs, John Haywood, Hugh Hartshorne, Clement Plumstead, and Thomas Cooper, all Quakers. The Lease and Release were dated February 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 respective 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 associates were afterwards known as the "Twenty-four Pro- prietors." On the 14th of March, 1683, the Duke confirmed the sale of the Province to the twenty-four proprietors .* Under all of these different owners of the soil of the Province, the rights and powers of Government had always attached to the ownership. The seat of Government was at Perth Amboy, where it was required to record all surveys and transfers of land.+
Many patents for land in this county, east 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
* East Jersey, 83.
t In the earlier days, deeds were recorded in the "Towne Book of Bergen," which, unhappily, seems to be lost. Then, as stated in the text, they were for a time recorded in the Secretary's office at Amboy. Then they were for a time recorded indifferently at Amboy or Hackensack, the county seat ; then exclusively at Hackensack, until Hudson County was set off from Bergen, in 1840. It is well to note, however, that many deeds for land in this county have never been recorded, but not those of modern date.
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LAND TITLES.
in East Jersey is yet subject, though years have gone by since its collection was enforced. Whether it was to avoid the granting of par- ticular tracts to individuals, or because the Dutch government had already granted to the town and frecholders all of the unappropri- ated 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. On the 22d of Sep- tember, 1667, Philip Carteret and his Council granted to the town and freeholders of Bergen as follows :
" Emprimis .- The Bounds and Limitts of the aforesaid Towne and Corporation of Bergen is to begin at the North end thereof, from a place called Mordanis Meadow, lying upon the West side of Hudson's river, from thence to run upon a N. W. lyne by a Three rail fence that is now standing, to a place called Espatin, and from thence to a little Creek surrounding N.N.W. till it comes into Hackinsack river, contain- ing in Bredth from the top of the Hill 11/2 miles, or 120 chains, from thence it runs along the said Hackinsack river upon S.S.W. lyne till it comes to the Point or neck of Land that is over against Staten Island and Shooter's Island in Arthur Cull Bay, containing in length about 12 miles, from thence to run Eastward along the River called Kill van Cull, that parts Staten Island and the Maine to a point or neck of Land called Constable's Point or Constable's Houck, and from thence to run up Northward all along the Bay up into Hudson's river till it comes to Mordanis Meadow aforesaid; So that the whole track of upland and Meadow property belonging to the Jurisdiction of the said Town and Corporation of Bergen, is bounded at the North end by a tract of Land belonging to Capta Nicho. Verlett and Mr. Samuel Edsall. On the East side, by Hudson's river, on the South end by the Kill van Cull, that parts Staten Island and the Maine, and on the West side by Arthur Cull Bay and Hackinsack river, as it is more plainer demonstrated by a draught thereof made by the Surveyor-General, hereunto annexed. The whole, both of upland and Meadows, and Waist land containing accord- ing to the Survey 11,520 Acres English measure," * *
" to continue and remain within the Jurisdiction, Corporation or Town- ship of the said Towne of Bergen from the day of the date hereof for- ever " * " To be holden by them, the said Corpora- tion or Towneship, their heirs and successors, as of the Manor of East Greenwich, in free and common Socage."
" 2ndly. That all the Freeholders of said Corporation or Towneship are hereby jointly and severally obliged to pay or Cause to be paid to the said Lords Proprietors, their heirs and Successors, or to their Receivers- General, within the said Province, on every 25th day of March, accord- ing to the English Accompt, the sum of Fifteen Pounds Sterling, of good and Lawful money of England, or the Value thereof, in good and Cur- rent pay of the Country, as a quit-rent due to them for the whole said tract of Land above mentioned, in lieu of the 1/2d. Pr. acre mentioned in the concessions, which payment is to begin on the 25th day of March, which shall be in the Year of Our Lord 1670, and so to continue forever without any charge, to the said Lords Proprietors or their Agent; and
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that all Pattents for land herebefore Granted, or to be Granted within the said Limitts, are to be accompted upon the aforesaid Rent of Fifteen Pounds Sterling pr annum."
In the course of time the payment of the reserved quit-rent was neglected, and finally refused. Hereupon a controversy arose between the proprietors and the freeholders of Bergen. Finally, Cornelius van Rypen, a freeholder, in the township, was arrested for the debt. A compromise was then agreed upon, and the free- holders of Bergen received a general release upon paying $1,500. This release was dated October 5, 1809.
CHAPTER III.
COMMON LANDS.
HAVING thus, in a general way, glanced at the history of the title to the patented lands in this county east of the Hackensack river ; let us now trace the history of the common lands. Car- teret's grant calls for 11,520 acres. This, of course, included all the lands in the old township of Bergen. It is quite impossible to say how much of this had already been appropriated by indi- vidual grants, but it must have been about 3,500 acres, as about 8,000 acres yet lay in common when the Commissioners undertook the allotment. The patent lands lay in different parts of the town- ship, and generally consisted of small tracts, while the unappro- priated lands were used in common. Difficulties, however, soon arose concerning these lands. The owners of private grants en- croached upon the common domain, while unauthorized persons pastured their cattle thereon and wasted the timber. For this there did not seem to be any remedy, owing to defects in their charter. Thereupon, the freeholders, in their corporate capacity, petitioned Governor Hunter for relief, and in answer to their peti- tion, they received a new charter, known as Queen Anne's Char- ter, January 14, 1714. In this they were empowered " to Give Grant, Bargain, Allott, Lett, Dispose of any of the Land belong- ing or appertaining to ye said Community, and as yett unappro- priated, either for one, two, or three lives, for term of years or in
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fee." While it is not known that any grants were ever made under this charter, it is well known that it did not accomplish what was sought. Encroachments and waste continued as before. In 1743, the freeholders quietly attempted to protect the common lands by the following :
" Articles of Agreement Entered into, made, Concluded and agreed upon this Sixteenth day of June, in the Sixteenth year of the reign of our Sovereign Lord King George the Second, Annoq Dom. 1743, Between Daniel van Winckell, of the first part, Zacharias Sickells of the second part, Cornelius Blinkerhoof, the third part, Casparus Pryor of the fourth part, Dirck Kadmus, of the fifth part, Michael Cor- nelisse Vreelandt, of the sixth part, Jacob Van Wagena, of the seventh part, Cornelius Gerrebrant, of the eighth part, Hendrick Vanderhoof, of the ninth part,Abraham Diedericks, of the tenth part, Gerret Newkerck, of the eleventh part, Andries van Boskirk, of the twelfth part, Marten Wenen, of the 13th part, Ido Sip, of the fourteenth part, Johannis Gerritse, of the 15th part, Antje Pietersen, of the sixteenth part, Hendrick Sickelse, of the 17th part, Arent Tores, of the 18th part, Morgan, of the 19th part, Geret Roose, of the 20th part, Johannis Van Houte, of the one and twentieth part, Catharine Van Newkirk, of the two and twentieth, Johan- nis Vreeland, of the three and twentieth part, Altie Diedericks, of the four and twentieth part, Abraham Sickells, of the 25th part, Myndert Gerbrants, of the 26th part, Johannis Diedericks, of the 27th part, Hen- drick Van Winckel, of the 28th part, Peter Marselise, of the 29th part, Laurens Van Boskerck, of the 30th part, Jacob Van Horne, of the 31 part, which parties to these presents above are all Residents, Freeholders and in Commons of the County of Bergen, in the Province of East New Jersey.
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