USA > New Jersey > Memorial cyclopedia of New Jersey, Volume I > Part 35
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manding two companies of dragoons. He resigned in 1851, in order to make a tour of the world, and sailed by way of the Sand- wich Islands to China, the East Indies, Egypt, and the Mediterranean. On his re- turn to the United States he settled on and beautified his estate, "Belle Grove," near Newark. He resided in France, 1859-60; in 1859 rejoined the First Chasseurs d'Afri- que at Alexandria, Egypt, and was attached to the cavalry of the guard under Napoleon III. in the war in Italy, being present on the field of Solferino, where his services were rewarded by the decoration of the cross of the Legion of Honor for the sec- ond time, he being the first American thus honored for military service.
In 1861, at the outbreak of the Civil War, he offered his services to the United States and to his native State, but without success. He then went to Newark and aided in organizing the First New Jersey Brigade, composed of the First, Second and Third Regiments. He was commissioned by Presi- dent Lincoln brigadier-general of volun- teers, to date from May 17, 1861. He en- camped his brigade a few miles west from Alexandria, Virginia, and through his su- perb soldierly qualities and masterly drill, it came to be noted for its wonderful effi- ciency and esprit de corps. His were the first troops to occupy Manassas. McClellan tendered him the command of Sumner's division. but he declined because his own brigade could not be made part of his com- mand. On May 2, 1862, he was given com- mand of the Third Division of the Third Corps. He took part in the battle of Wil- liamsburg, reinforcing Hooker's division, and making Williamsburg a victory for the Federal army. He was promoted major- general of volunteers, to date from July 4. 1862. At Fair Oaks he directed the officers of the Third Division to wear a "red patch" on their caps, that they could be readily known in battle, and this led to the entire division using the diamond-shaped badge as their designation, and which led to the
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general adoption of corps badges. Kearny's _ squadron of Commodore Sloat at Mon- division joined General Pope's Army of tercy, California, and aided in taking formal possession of that country, July 7, 1846. On the same day, Mr. Price was ap- pointed prefect and alcalde, in which ca- pacities he exercised the first judicial func- tions under American rule, continuing in thein throughout the military occupation of California. He was also a member of the convention that framed the constitution of California Upon his appointment as navy agent in 1848, he was active in organizing the city government of San Francisco, ad- vancing the first money to build a wharf in That city. Returning east in 1850, he met with disaster by the burning of the steamer "Orleans St. John," on the Alabama river, in which he lost large sums of money, pa- pers, vouchers and accounts, which subse- quertly gave him great trouble in settling witl: the government. Virginia on August 3, 1862, and took part in the Second Battle of Bull Run. On September Ist, during a severe storm, while General Kearny was reconnoitering, he in- advertently rode within the enemy's line. Seeing his mistake, he prostrated his body on his horse's side, but received a shot in the spine which killed him instantly. Gen- eral Lee returned the body of General Kearny under a flag of truce, with horse, arms and equipment. after Generals Jack- son, Ewell and other general officers of the Confederate army had reverently escorted the body, preceded by a regimental band, to General Lee's headquarters. After his death the citizens of New Jersey erected a statue to the memory of Major-General Philip Kearny in the City Park, Newark. His cousin, General John Watts de Peyster, prepared an exhaustive biography entitled : "Personal and Military History of Philip Kearny, Major-General. United States Volunteers" ( 1869).
PRICE, Rodman McCauley,
Naval Officer, Congressman, Governor,
Rodman McCauley Price, was born in Sussex county, New Jersey, November 5, 1816. After preliminary education in the schools of New York City and Lawrence- ville, he passed the examinations of Prince- ton College, but on account of ill health was unable to continue the course. He after- ward studied law for a time, but gave it up in 1840, upon obtaining the appointment of purser in the U. S. Navy. His first service was on the steamer "Fulton" in gun prac- tice in New York harbor, and his second on the "Missouri." the first U. S. steam ves- sel of war that crossed the Atlantic, and which, carrying the heaviest guns then afloat, was the wonder of the European navy. Upon her destruction by fire at Gibraltar, Mr. Price was ordered to the sloop-of-war "Cyane." which joined the
During the same year he was elected a member of Congress from New Jersey, and in 1854 Governor of the State. Al- though the youngest man ever thus honor- ed, he proved to be one of the best of New Jersey's governors. Under his alministra- tion the public school system was establish- ed, including the common schools, Normal School, Teachers' Institute and Model School. He canvassed the State in behalf of this system, laid the cornerstones of the Normal School at Trenton and the Farnum Institute at Beverly, and was recognized as the father of public education in New Jer- sey. He also recommended and secured the geological survey, which aided greatly in the development of the mineral resources of the State. He urged and secured the re- vision of the militia system and increased its efficiency. The first life saving appar- atus and stations on the New Jersey coast were established through the enterprise of Governor Price, with the active co-opera- tion of the Chamber of Commerce of New York, and the Brooklyn philanthropist. Mr. Merriam. The system of working the pub- lic roads, as laid down by General E. L.
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Viele, who made the topographical and phy- sical map of the State, which in connection with the geological survey under Professor Cook, did so much to develop both mineral and agricultural wealth, were all accom- plished during the administration of Gov- neror Price. He showed his appreciation of the importance of a non-partisan judici- ary by appointing judges of the Supreme Court from both parties. One of his great- est gubernatorial services was in settling and determining the exclusive monopoly rights and privileges that had been granted in 1830 to the Camden and Amboy Rail- road Company. The original charter of that company prohibited the State from granting the right to any other railroad company to build any other road across the State. The consequent excessive charges in passenger and freight rates that obtained. created great excitement, and violence to the company's property was threatened. The sagacity and tact of Governor Price at length adjusted the difficulty to the satis- faction of all concerned. A bill was passed by the legislature granting the company present increase of power, but at the same time fixing a not distant date to terminate the exclusive monopoly.
In December, 1860, Governor Price was sent by his State as a delegate to the Peace Conference held at Washington, D. C., which, although called for the purpose of seeking some mode of settling sectional dif- ferences, stopping secession, and preserv- ing the Union without dissension, was un- able to avert the subsequent Civil War.
Governor Price, on the part of New Jer- sey, and Governor Seymour, on the part of the State of New York, virtually fixed the external bulkhead and pier lines of the Hudson river fronting the City of New York, on both shores, which rights, al- though disputed, it was most important to determine in order to preserve uniform currents in the Hudson river. Realizing the advantages of an inland water communica- tion from Sandy Hook to Cape May, Gov-
ernor Price had extensive examinations made, and himself explored the route from Tom's river to Cape May, although the con- struction of the work was never begun. He presented the first petition from citizens of Paterson to Congress to admit raw silk free of duty ; and, by thus inducing capital to in- vest in silk manufacture, he laid the founda- tion of this afterward great industry. The struggle between the old State banks with special charters and unsecured circulation, and the banks organized under general law, giving security for their circulation, came up during Governor Price's administration. Although opposed by the Legislature, he arrayed himself on the side of the new banks, and in after years had the satisfac- tion of seeing the practical success of his principles.
At the expiration of his term of office, Governor Price established the ferry from Weehawken, New Jersey, to Forty-second street, New York City. He also employed many men in quarrying paving stones known as the Belgian block, while yet an- other enterprise was the reclaiming of lands on the Hackensack river and English creek. The paving stone business became unusually large, extending throughout the United States. In the reclamation of lands he was most successful, bringing under cul- tivation wild marshes that subsequently pro- duced good fruits, vegetables, grasses and grain, the culture of beets being especially profitable, which gave rise to a distillery for alcohol and sugar. At one time the ferry de- livered large portions of live stock to New York City, and large abbatoirs were estab- lished on the river at Forty-first street. All the ferry property and nearly 200 acres of land afterwards fell into his hands under foreclosure proceedings, he having charge as receiver. Subsequently the property was purchased by Samuel J. Tilden, and still later was owned by the West Shore Rail- road Company. Governor Price always be- lieved that the larger portion of New York's commerce would one day be done on the
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New Jersey shore of the Hudson, the term- ination of the continental railway system, thus giving it the advantage. He was there- fore active in securing an extensive railway terminal to accommodate every want of shipping and commerce, and to reduce the cost of handling freight to a minimum. Governor Price also gave much time and thought to the New York and New Jersey Bridge Company, having been a commis- sioner for its construction on the part of his own State. He died June 7, 1894.
DEPUE, David A.,
Eminent Lawyer, Distinguished Jurist.
Nicholas Depui and his wife, Catherine Renard, came to this country from Artois. France, in 1662. With him were his two sons, John and Moses. Other children were born to them later.
They were descended from a noble fam- ily of Provence, one member of which, Sin Raymond Du Puy, was famous in the Cru- sades both as a soldier and the organizer of the Order of the Knights of St. John, in 1118. In earlier days, in Italy, the name was spelled Del Pugios, and numbered a Cardinal in its rolls.
Nicholas Dupui settled in New York, on Market Strasse, where the Produce Ex- change now stands, and prospered. His son Moses, born 1657, while on a business trip to Esopus, fell in love with and married Marie Wynkoop. daughter of Cornelius Wynkoop, and was later one of the incor- porators of Rochester under the grant from Queen Anne in 1703.
1765 he removed to Lower Mt. Bethel. Pennsylvania, and died there September 26, 1811.
He was a member of the First Battalion of Associators of the County of North- ampton, Pennsylvania, and was a member of Captain John Arndt's company, which was engaged in the battles of Long Island. August 27, 1776, and of Fort Washington, November 16th. 1776; and was one of the thirty-three members of that company who rallied next day at Elizabethtown. He served for the rest of the war as commis- sary. He was elected a delegate from Northampton county, Pennsylvania, to at- tend a convention at Philadelphia to appor- tion the delegates to be elected throughout the Province of Pennsylvania, to meet in convention. at Philadelphia, to frame a con- stitution for the Commonwealth of Penn- sylvania, and to draft certain rules govern- ing the same. He was elected from Mount Bethel township, Northampton county, Pennsylvania, on the Committee of Safety, and attended two meetings at Easton, Penn- sylvania. He was commissioned by the Su- premne Executive Council of the Common- wealth of Pennsylvania, August 7th, 1784. justice of the peace for the township of Mount Bethel, Northampton county. He was also commissioned by the same council, John Dickinson, president, September 4. 1784, one of the justices of the Court of Common Pleas of the county of North- ampton, Pennsylvania, for the term of seven years.
Colonel Abraham Van Campen was the son of Jan Van Campen and Tietze Deck- er, daughter of Jan Decker. He was born at Esopus. Ulster county, now Kingston, New York, baptized October 9th. 1698, and afterwards removed to Sussex coun- ty. New Jersey. He was Colonel of the first New Jersey Regiment in the French and Indian War of 1755 and was assign- ed to duty with his regiment by Governor Belcher on the frontier of the Province
A son Benjamin, born 1695, married Elizabeth Schoonmacher. September 3d. 1719, and died in 1765. Benjamin Jr. was born at Esopus, now Kingston, New York, in June, 1729. Later he moved to Walpack. New Jersey, where in 1755 he married Cat- erina Van Campen, daughter of Colonel Abraham Van Campen. He filled several public offices-surveyor of highways, 1755: assessor, 1758; and freeholder, 1767. In of New Jersey. In 1755 he was appoint-
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et by Royal Ordinance of his Majesty George III. one of the first judges of the court of Common Pleas in Sussex coun- ty ( then comprising Sussex and Warren) ind authorized to organize the county courts. The "History of Sussex and Warren Counties" says of him: "Judge Van Campen remained upon the bench until August, 1766, during which time he was the presiding officer of the court. and, as appears by the minutes was rarely ab- sent from his seat during its session." After the Revolution he was again ap- pointed to the Court of Common Pleas by Governor Livingston. He married Susan- na Depue and left a large estate and many slaves.
Abraham Depue, son of Benjamin De- pue and Caterina Van Campen, who was born September 20th, 1765, and died Oc- tober 2Ist, 1851, married Susannah Hoffman, January 5th, 1792. Their son Benjamin, born September 1, 1796, mar- ried Elizabeth Ayres, daughter of Moses Ayres, of Lower Mt. Bethel, and Eliza- beth Brittan. These were the parents of Chief Justice Depue, the narrative of whose life follows, as written by Mr. Ed- ward Quinton Keasbey, in his "Courts and Lawyers of New Jersey" (Lewis His- torical Publishing Company, 1912).
The appointment of Judge Depue to the office of Chief Justice came as the fitting culmination of thirty-four years of faith- ful and efficient service as Associate Jus- tice of the Supreme Court. It was as As- sociate Justice rather than as Chief Jus- tice that his great work was done and his eminence as a judge obtained. He was appointed Chief Justice on May 2, 1900, and had less than two years more of life in which to serve. He kept on with his work until the close of his thirty-fifth ycar on the bench. When he took his seat, thirty-five years before, Beasley had been Chief Justice for a year and a half : Jus- tices Bedle, Dalrimple and Woodhull had lately been appointed, and of the judges of the older time, Haines had just retired, and Elmer and Vrendenburgh alone re-
mained. It was two and a half years after this that Van Syckel and Scudder took the place of these. Beasley, Depue, and Van Syckel, who is still alive and well, were long the only survivors of the old court, and the senior judges on the bench. All three, men of great strength and very learned in the law, their influence on the development of our jurisprudence and their contribution to the fund of legal knowledge, have been very great, and of these, Judge Depue was not the least.
David Ayres Depue was a son of Ben- jamin and Elizabeth (Ayres) Depue, and was born at Mt. Bethel, Northampton county, Pennsylvania.
David attended the school of the Rev. John Vander Veer, in Eastern Pensyl- vania, and after his father had removed to Belvidere, David entered Princeton College and was graduated in 1846. Re- turning to Belvidere, he studied law with John Maxwell Sherrerd, a leading lawyer in Sussex and Warren counties, and him. self a pupil of Charles Ewing and a fellow student with Garret D. Wall. Judge De- pue always spoke of him with affection and respect, and said he owed much to his example and training. His son, Sherrerd Depue, was named after him.
Mr. Depue was licensed as an attorney, July term, 1849, and admitted as counsel- lor. February term, 1856. He practiced law at Belvidere from 1849 until he was called to the bench in 1866. He was a diligent student of the old books of law, practice and pleading, and made himself familiar with the whole course of legal decision on every question, for the mere love of the study of the principles of law. He de- voted himself to the law and the practice of his profession, and became a learned lawyer as well as a trusted counsellor and able advocate. He was not well-known in the eastern part of the State, and it is probable that Governor Marcus L. Ward had never heard of him until he sought for a successor of Judge Haines in 1866, but no doubt he was well-known to the judges and to the lawyers of Sussex and Warren counties, and was highly recom- mended by them, and he was appoint- ed Justice of the Supreme Court, Noven- ber 16, 1866, and was assigned to the Es- sex and Union circuit. He removed to Newark and lived there until he died, and presided over the Essex circuit for thirty-
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five years. To the people of the county he came to be the embodiment of justice as administered by the Supreme Court in the county. He was known to be learned in the law. He proved himself to be famil- iar with business and with the public af- fairs. of the county. They saw that he was fair and just, and determined that jus- tice should be done in civil and criminal matters without fear or favor, and he was especially careful, and perhaps unduly careful, of the rights of the public and of the common people. In the conduct of jury trials he was prompt and methodical. allowing no waste of time, often pressing counsel with the words, . "Proceed, gentle- men, proceed." He was courteous and at- tentive to the bar, and friendly and com- panionable with them when off the bench and in his library, where they were always welcome with their applications for orders, even when he was deep in the examination of a case, with his books spread around him on the floor, and often, after a hearty laugh at a good story of his own, he would ask a young lawyer's opinion upon the question upon which he was consulting the books. He was rather discouraging to the bar in preparing themselves upon the law of a jury case, for he knew the law so well that they found there was nothing they could tell him, no matter how well they had looked it up. He sometimes gave the jury more of the law than they cared to listen to. There was once a trial which in- volved an interesting question of law which disposed of the case, and Judge De- pue wrote a long opinion on the subject in the evening, and read it to the jury the next morning, and told them his conclu- sions were in favor of a verdict for the defendant. Mr. John O. H. Pitney, for the defendant, intervened and said. "But, your honor, you have not told the jury what they shall do in case they find for the plaintiff." "Oh, yes," said the judge. "if you find for the plaintiff you will find one thousand dollars," and the jurv brought in a verdict for that amount, and the foreman said afterwards that three of the jurors were so stupid as to vote for a verdict for the defendant, but that he told them the last thing the judge said was that they should find for the plaintiff a verdict for one thousand dollars. The verdict was not allowed to stand.
With respect to his qualities as a lawyer
and a judge, it is best to quote the words of Judge Van Syckel, who responded for the Supreme Court when the death of Chief Justice Depue was announced to the court by the Attorney-General, Robert H. McCarter. Mr. McCarter said: "I do not believe that New Jersey-aye, this broad land of ours-has yet produced a lawyer or judge with greater knowledge of case law or a more remarkable aptitude or fa- cility for making use of this knowledge, than had Judge Depue."
Mr. Justice Van Syckel, after speaking of Judge Depue's early years and his ap- pointment - to the bench of the Supreme Court at the age of forty, from an agri- cultural county, and being assigned to the important circuit composed of Essex and Union, said :
"He soon impressed the public and the bar with a sense of his fitness and capacity, by his strict but just and impartial administration of the law. He won. their confidence and respect, to which he was deservedly entitled, by his purity of life, his sincerity and integrity of character, his exalted views of duty, and his marked ability as a judge. He did not display the meteoric brilliancy of intel- lect which dazzles and delights and captivates, while it exhausts itself in the beauty which it creates. The distinction which he achieved was the product of patient investigation, untiring re- search, and unremitted labor, applied by a vigor- ous intellect, to every subject submitted to his consideration. His profound knowledge of the law, his close analysis, and his power of discrim- ination. are displayed in his opinions, which abound in our law and equity reports from the time of his elevation to the bench, in 1866, until his retirement, as Chief Justice, in 1901.
"Logical, accurate and forcible in his reasoning, with an innate love of justice, he was seldom at fault in his conclusions. He fortified his opin- ions by elaborate discussion and a wealth of au- thority, with which thorough investigation and exhaustive research always supplied him with every department of the law to which his duty directed his attention, he made himself familiar. In controversies involved in the title to real es- tate, the construction of wills. common law pro- cedure and commercial paper, he was an author- ity.
"His opinions are rich in learning, and an in- valuable contribution to the discussion of the sub- jects to which they pertain. Without detracting from the merits of those who preceded him. it is not undue praise to say that. in familiarity with adjudged cases, and in a comprehensive knowl-
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elge of the daw, he was not excelled by anyone who has occupied a seat upon the bench of our State. Inspired by a love of learning, he was a wile and diligent reader, not only in the range of the law, but also of history and the choice Iterature of the times. His retentive memory treasured and stored up all that was of value. U'nostentatious and modest in his deportment, of rare simplicity in his tastes and habits, he scorned vulgar display and despised shallow pre- tensions. The desire which dominated his life was to faithfully discharge every duty which devolved upon him, to the best of his ability. His courteous denieanor, the respect and consideration he gave to the views of others, and his readiness to yield to the better reason, which he was quick to per- ceive, endeared him to his associates on the bench, and impressed them with confidence in his singleness of purpose to find the true solution of every legal problem. He had the self-confidence which is born of eminent ability and a thorough knowledge of his subject, but he was self-reliant without being self-conscious. His true manhood and his singular devotion to duty rendered his life at once a benefaction to the State, and an ex- ample to be emulated. A genial, warm-hearted, constant friend, with a sincere greeting for all with whom he came in contact, it was a merited recognition of the esteem in which he was held, that, upon his retirement as Chief Justice, the bar of the entire State assembled at the capitol to do him honor."
In his last sentence, Judge Van Syckel referred to the fact that a reception in honor of Judge Depue was held in the Su- preme Court room, on February 24. 1902, which he was too ill to attend. A portrait of Chief Justice Depue, painted for the bar for presentation to the State, was then uncovered, and this portrait now hangs in the Supreme Court room. Notes of the proceedings are printed in the beginning of Volume 38 of Vroom's Reports. The same volume contains proceedings on the occasion of his death. He died at his home in Newark, April 3, 1902.
David A. Depue married (first) Mary Stuart, and by her he had one child, Eliza, who is living in Newark. His second wife was Delia Ann Slocum, and by her he had children-Sherrerd ; Mary, wife of Sid- ney Norris Ogden; and Frances.
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