USA > New Jersey > New Jersey biographical and genealogical notes from the volumes of the New Jersey archives : with additions and supplements > Part 20
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the proposed step .- Ibid., 206-7. When the next term of the Supreme Court was about to open, at Perth Amboy, on Tuesday, March 18, 1760. he called on Gov. Bernard. in the morning, before the opening of the Court, and once more announced his intention of interposing his claim, in order to keep Mr. Jones off the bench. The Governor, in a letter dated March 22, 1760, to the Lords of Trade, thus describes the inter- view: "Mr. Morris came to me and said that the people in general were so uneasy at Mr. Jones's taking his seat as Chief Justice, that he could not resist their solicitations for him to take the seat and thereby prevent Mr. Jones. I reminded him of his promise to me that he would not interrupt Fr. Jones in taking his seat. He said that he entered into that engagement upon account of his desire not to under- take any business that was like to give me much trouble: but that, as I was removing from the Province & not like to be affected by this contest, He thought he should be remitted of his liberty of prosecuting his right in such manner as he should see occasion. I said that, to be sure, I should release him from this engagement so far as I was con- cerned: but I thought it was extended much beyond me. It seemed to me that Your Lordships had an intrest in it, as I had acquainted you with it more as a public than a private transaction, and that Mr. Jones was intrested in it, as most probably he had staid in the Country in dependence that Mr. Morris would not obstruct him in taking the office. He replied that his engagement was made only to me and on my account & that, as my intrest in it ceased & I had released him from it, he considered himself as quite free from it."-Ibid., 212. Mr. Morris says of this interview: "Mr. Barnard . in Presence of Mr. Ogden and Mr. Read, Acquitted me Again, of any Engagements to him on the Occasion; and at the same time was Pleased to thank me for the tenderness and Regard I had shown to his Administration."- Ibid., 237. David Ogden and Charles Read, here referred to, were two of the ablest and most experienced members of the Governor's Coun- cil; Mr. Ogden was one of the leading lawyers in the Province.
When the Supreme Court met the bench was occupied by Chief Jus- tice Morris and Second Justice Samuel Nevill; the Third Justice, Mr. Saltar, was in too infirm health to attend. Mr. Jones presented his commission, and requested to have it read. Then the record of Chief Justice Morris's commission was read, showing that he had been appointed during good behavior. The commission of Nathaniel Jones was next read, from which it appeared that he was appointed "in the room of William Aynsley Esqr. deceased," to hold office "for and dur- ing our pleasure and your residence within our said province." Mr. Jones thereupon prayed to have the oath of office administered to him and to be admitted. At his request the commission of Chief Justice Aynsley was also read, and the records of the Court, showing that he sat as Chief Justice at the March term, 1758, and at the term follow- ing. Chief Justice Morris, although sitting, with a proper delicacy de- clined giving any judgment on the application of Mr. Jones, and the opinion of "the Court" was delivered by Second Justice Nevill .- Ibid., 214. But the whole proceeding is so extraordinary that it is worth while to reproduce the exact language of the minutes of the Court, now in the Clerk's office at Trenton:
March 1760
At a Supreme Court of Judicature held at Perth Amboy in & for the Province of New Jersey, of the Term of March in the thirty third Year of the Reign of Our Sovereign Lord George the Second &c. 3d Tuesday March 18 1760 The Court opened
x
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The Honble Samuel Nevill Esq. 2d Justice Adjourned to two o.c. p. m. The Court mett according to Adjournment Present The Honble Robert H. Morris, Esqr. Chief Justice Samuel Nevill Esqr. 2d Justice
Nathaniel Jones Esqr Offered to the Court a Commission under the Great Seal of the Province of New Jersey, bearing date of the Six- teenth of November 1759, appointing him Chief Justice of the said Province & prayed that the Same might be Read.
Whereupon the Record of a Commission Dated March 17th 1738 ap- pointing Robert Hunter Morris Esq. Chief Justice of the Province of N. J. (during his good Behaviour in the same) was read:
Then the Commission appointing Nathaniel Jones Esqr. was read: Whereupon the said Nathaniel Jones Esq. pray'd to have the Oath of Office administered to him and to be Admitted. Then an Entry in the Minutes of this Court of March Term 1758 at the request of Nathaniel Jones was read (in these words) A Commission appointing William Aynsley Esq. Chief Justice of the Province of N. J. was openly read, also other Entrys shewing that Wm Aynsley Esqre Deceas'd sett as Chief Justice for the said Term of March 1758 and the Term next fol- lowing and that Mr. Nevill Sett as 2d Justice of the said Court.
As the Motion of Mr. Jones might Effect M. Morris he declined giv- ing any Judgment thereon, and Mr. Nevill, Second Justice, delivered the Opinion of the Court as follows, that since the Commission to Mr. Morris grants him a ffreehold in the Office of Chief Justice of this Province of N. J. and Nothing was shown legally to Divest him there- of, this Court therefore Cannot administer the Oath of Office to Mr. Jones nor admitt him to Enter into the Execution of said Office of Chief Justice, but Leave his right to said Office if any he has to be determined by a Due Course of Law.
Mr. Morris requested David Ogden and Charles Read Esqrs to Enter his appearance to and Defend any Action or suit that shall or may be brought against him respecting this matter.
At the request of Nathaniel Jones its ordered that he have a Copy of the foregoing Entrys.
The Court adjourned.
Gov. Bernard was very well satisfied with the action of the Court, there is little doubt. But to relieve himself from culpability he wrote in this strain to the Lords o' Trade, March 22, 1760, after detailing the above proceedings: "It may seem to your Lordships that I ought to .have interposed the Copy of Mr. Morris's Resignation. But, besides that there was no time given me to order the Attorney general to in- tervene for the King, I could not have introduced that copy, because being a copy and no way authenticated, it would not have been per- mitted to be read in a Court, tho' its authority would be undoubted everywhere else.
"Altho' this business will soon cease to be my concern [referring to his transfer to Massachusetts] yet I must think it my duty to enter a public protest on the behalf of the King against this order of the Su- preme Court. The proper method for doing this appears to be, to order the Attorney General to sue out a writ of error & bring this order before the Governor & Council, from whence, if there should be occasion, it may be carried to the privy Council in England either by the Attorney general or by Mr. Morris."-N. J. Archives, IX., 214.
Chief Justice Morris put the boldest front on the whole matter. In his letter to Gov. Bernard, of Feb. 22, 1760, he says: "The income of
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the office is now & ever has been, too inconsiderable to make me in the least anxious about it. I took the office & have held it, rather to Prevent it falling into contempt than expecting any Support from it, and am therefore, as I have more than once assured your Excellency (as to myself) Extremely Indifferent about it, but cannot help wishing, for the sake of the province, that an Office of such Consequence and in which the people are so nearly intrested, May always be in the hands of a Man of independent fortune, & Known Integrity."-Ibid., 206-7.
Again, in his letter to Gov. Thomas Boone (successor to Gov. Ber- nard), August 10, 1760, after referring to the public uneasiness over the reputation and unbecoming conduct of Mr. Jones, he says:
"Your Excellency will be no Less Surprised at the Earnestness and Apprehensions Expressed on this Occasion, as you are sensible the first seat in the Highest Court of Common Law, in the Province, is of great Importance to the Privileges and Properties of the People, and may Essentially Affect the Rights and Prerogatives of the Crown.
"It may not be improper here to inform your Excellency, that the profits of the Office fall short of one hundred pounds Sterling A Year a sum, by no means adequate to the trouble and Expence attending the Employment .- I was therefore very indifferent as to the benefits arrising from the Office, But could not be so, when the Publick safety was at stake, and the Royal Authority ready to fall into hands that must have brought it into the utmost Contempt.
"My own and the Conduct of my family, who have been Constantly ingaged in Support of the Royal Authority, in these Colonies, when it stood in need of every aid, Render it unnecessary to vindicate myself, even from the surmise of Opposition to Government; For this I may Appeal to the Minutes And papers of the Board of Trade, and to the Records of this and the Neighbouring Provinces of New York and Pensilvania .- Besides, a People unused to the Necessary Subordina- tions of Government, are in danger of falling into Levilling and Democratical Principles, And I am too Sensible of the Mischievious Tendency of such a Spirit, to be led into Measures that might en- courage it; And which, by weakening the Administration must destroy the Peace and Happiness ot the Provinces." He concludes with this manly assurance: "Upon the whole Sir as I know you have nothing so much at Heart as to maintain the Dignity of the Crown and pro- mote the Prosperity of the Province, I beg Leave to Assure your Excellency, That whatever the Issue of this Affair may be, you will find me ever ready to Concur in every measure Conducive to those Salutary Ends."-Ibid., 235-238.
There is little doubt that Mr. Morris was perfectly sincere in his pro- fessions of disinterestedness in this proceeding, and that he was actu- ated by purely patriotic motives.
The Lords of Trade, upon receipt of Gov. Bernard's letter of March 22, 1760, laid the whole matter before the King, in a letter dated June 17, 1760, embodying the Governor's suggestion as to the proper steps to be taken: "We have only further to offer our humble Opinion, that your Majesty should be graciously pleased to referr the whole matter to your Attorney Genl, with Directions to consider and report what Measures are most proper to be taken in Order to support your Maj- esty's Right of Nomination against the extraordinary and unprece- dented Claim of Mr. Morris."-Ibid., 230-235.
All the facts in the case appear to have made it impolitic, if not im- possible, for the Ministry to sustain so inferior and so objectionable a
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person as Mr. Jones in his very natural attempt to vindicate the ap- pointment of the King, and the unfortunate affair was quietly dropped, to the great satisfaction of the authorities of New Jersey. The atti- tude of Mr. Jones bears out the presumption of his unfitness for the high station to which he had been assigned. Indeed, he seems to have realized the fact himself, for after his claim to the office had been de- nied by Second Justice Nevill, and notwithstanding the formal back- ing of Gov. Bernard, he did not have the courage or address to attempt to possess himself of the office. The minutes of the Supreme Court make no further mention of Mr. Jones or his claims, but do show that Chief Justice Morris was on the bench during every sitting of the Court in 1760, except May 16 (when Justice Saltar sat), August 12 (when Justice Nevill sat alone), and November 8 and 10, when Justice Nevill presided. By a letter from Nathaniel Jones, dated January 2, 1761, and addressed to the Earl of Hillsborough, we learn that Jones was then in England. In this letter he sets out his appointment as Chief Justice of New Jersey, the "vast Expence" he had incurred in giving up his law practice in England and in repairing to America, and "Mr. Morris's proceedings, as illegal, and Unwarrantable, as he abso- lutely prevented your Memorialist in Execution of his Office.
"That through the heavy Expences your Memorialist hath Sustained, his whole Substance is Exhausted, and he was constrained to return to England, in Vain to Attempt the Recovery of his lost business in the Law, through his long absence abroad, which before afforded him a Competent Maintenance, nor has your Memorialist received any Sat- isfaction, or Compensation whatsoever, for the above Charges, or the injury he has suffered by this disappointment, which has reduced him to Calamitous Circumstances." But instead of praying that the royal authority be vindicated, and that the power of the Crown be exercised in installing him in the office to which he had been appointed, he con- cludes with this singular prayer:
"That your Memorialist being informed of a Vacancy of the office of Chief Justice of South Carolina, Most humbly supplicates your Lord- ship, to consider the premises and your Memorialists perseverance and Fidelity, in his Majesty's Service, And that your Lordship will be pleased to Recommend him to his Majesty as an Object Meriting his Royal favour, And that he may be appointed to succeed in the above office now Vacant or have such other relief as in your Lordships be- nignity, and wisdom shall seem most meet."-Ibid., 342.
The Lords of Trade in a perfunctory address to Lord Halifax like- wise tacitly confess the unfitness of Jones for the New Jersey office:
"We should not be so importunate with your Lordship, but the bearer, Mr. Jones, is as great an object of your Compassion, as ever was, he tells us which we believe to be true; that by his Voyage to and from America, and the great Expence he was at in providing necessarys for himself and Servants, suitable to his Station abroad, that he has spent all his substance, and by his absence so long abroad, he says he has lost all his Business, which he had here, which though not great afforded him a Competent Maintenance, so that he is now left destitute of any provision:
"We desire therefore that your Lordship will be so good to recom- mend him to some of the Offices now Vacant, or that some provision may be made for him, as we think we could not ask it, for one who deserves it so well:
"We hope your Lordship will not consider this as a Letter of Course; for we are really concerned for this Poor Gentleman; and whatever
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JONES : KAIGHN FAMILY: KALS
favour you bestow on him, we shall Esteem it an Obligation lain on us."-Ibid., 342-344.
No further mention has been found of Nathaniel Jones. He seems to have sunk again into the obscurity whence he was lifted up to be Chief Justice of New Jersey
When Governor Josiah Hardy arrived in the Province, in 1761, he found the situation and his necessary action in consequence thereof to be as set forth in this letter to the Lords of Trade:
'I found there was a total Stop to the Administration of Justice in the Supreem Courts, by the Judges Commissions not having been re- newed since the death of his late Majesty, and a Rumour began to be spread that the Judges were not qualify'd to act. I therefore (for fear of any bad consequence, and to quiet the minds of the people who ap- peard much dissatisfy'd) thought it best for his Majesty's Service as well as the good of the Province to order the Commissions to be re- new'd in the same manner as they have hitherto been granted, which is during good behaviour; I must observe to your Lordships likewise that I found the General Assembly had come to a resolution not to make any provision for the Judges in the bill for Support of Govern- ment if they accepted Commissions during pleasure: I therefore hope I shall have his Majesty's & Your Lordships approbation for what I have done. I likewise found it absolutely necessary to renew Mr. Morris's Commission of Chief Justice and I cannot help observing that he is certainly a very proper Person for this Post which ought to be held by a Man of Abilities & character."-N. J. Archives, IX., 346-347.
KAIGHN FAMILY.
The Kaighn family of Old Gloucester is descended from John Kaighn, who came from the Isle of Man, and in 1694 was a resident of Byberry, Bucks county, Pa. He was a carpenter by trade. In 1693 he married Ann Albertson, widow of Walter Forrest; she d. July 6, 1694, and in 1696 he m. Sarah Dole, wid. of Andrew Griscom. In the latter year Kaighn bought a tract of 455 acres in Newton township, Old Glouces- ter, and resided thereon thenceforth; he m., 3d, Elizabeth Hill, of Burlington, in 1710. He d. in 1724, leaving two sons, by his second wife: i. John, b. Dec. 30, 1700; m. Abigail Hinchman, dau. of John Hinch- man, in 1732. He was a blacksmith at Haddonfield. He d. in 1749, leaving issue: 1. Sarah, b. 1733; 2. Elizabeth, b. 1736; 3. Samuel, b.
1737; 4. John, b. 1740; 5. Ann, b. 1744.
ii. Joseph, b. Dec. 4, 1702; m. Mary Estaugh, of Philadelphia, dau. of James and niece of John Estaugh, of Haddonfield. He d. 1749, leav- ing issue: 1. Joseph, m. Prudence Butcher, a widow; 2. John, a physi- cian, who d. in 1770, unmarried, aged about 40 years; 3. Isaac, d. under age; 4. James, m. Hanna Mason; 5. Elizabeth, m. Arthur Donaldson. -Clement's First Settlers of Newton, 149-157; N. J. Archives, XXVII., 178.
REV. JOHN WILLIAM KALS.
The Rev. John William Kals came from London in 1756, and labored in Philadelphia for about a year, when he became pastor of the "Cal- vanistical High Dutch Congregation," of Amwell, organized about 1744 or earlier. The church was visited by the Rev. Michael Schlatter in 1747, and a house of worship was erected in 1749. Mr. Kals preached there, 1757-9, and then removed to New York.
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KEARNEY : KEENE : KEMBLE FAMILY
MICHAEL KEARNY.
Michael Kearny was a son of Michael Kearny, an eminent citizen of New Jersey. Michael, 2d, entered the British navy. In 1769 he was recommended by Gov. Franklin for a seat in the Council, as a "Gentleman who has a Commission in His Majesty's Navy, but resides at present on his Paternal Estate in Monmouth County, and is related to some of the principal Families in the Colony." His residence was on the Morris estate. He died unmarried .- Whitehead's Perth Amboy, 92; N. J. Archives, X., 132. Mr. Whitehead says he was a son of Sarah, dau. of Lewis Morris (and Isabella, his wife); but Mrs. Lewis Morris, in her will, dated Aug. 9, 1746, proved April 20, 1752, does not mention him, although particular to name all her children, and children of her deceased daughters, Kearny and Isabella. It is not unlikely that Michael, 2d, was a son of Michael, 1st, by his second wife, Elizabeth Britz or Britain (who was not known to Mr. Whitehead), who was also the mother of Philip, the eldest son (born at sea) of Michael, 1st.
MOUNCE KEEN.
Mounce (i. e., Moses) Keen, son of Maons and Magdalen (Hoffman) Keen, was b. in West Jersey. Aug. 18, 1715; m. Sarah, dau. of Benja- min and Christina Seeley. He lived in Pilesgrove township, Salem county, and afterwards in Woolwich township, Gloucester county. He was for many years a vestryman of the Swedish church at Swedes- boro. He was buried in Trinity churchyard, Swedesboro, Oct. 14, 1794; his wife, Feb. 24, 1790 .- Descendants of Joran Kyn, by Gregory B. Keen, in Penn. Mag., III., 447.
KEMBLE FAMILY.
Peter Kemble's grandfather was Richard Kemble, deputy alderman of Bishopsgate ward, London, a merchant who resided in Bishopsgate many years. He had a son, Richard, who "was bound an apprentice to one Barnardiston, a Turkey merchant with a considerable sum of money, who was by indenture bound to send him the last two years of his service to Smyrna, where he went, and afterwards settled." There he married a Greek lady, named Mavrocordato, a native of the isle of Scio, whose sister married Mr. Edwards, the British consul at Smyrna. Peter Kemble, one of the children, was born at Smyrna, in Asia Minor, December 12, 1704, and remained there until 1712, when he was sent to England to be educated. His father was appointed English consul at Salonica in 1718, and died there in June, 1720. In 1718 Peter Kemble was sent to a wine merchant at Rotterdam to learn mercantile life. In 1720-21 he made a trading voyage to Guinea, and on his return engaged in business in London, where he continued for some years. About 1730 he came to America, and soon after settled at Piscataway Landing, near New Brunswick, where he carried on a suc- cessful business .- N. Y. Hist. Soc. Collections, 1884, xiii-xiv. He was living there in 1740 .- N. J. Archives, XII., 20. Writing to the Lords of Trade, Jan. 28, 1744-5, Governor Lewis Morris recommended his ap- pointment as a member of the Council, and said he was "a consider- able merchant."-Papers of Lewis Morris, 220, 283. His intimacy with the Morris family is indicated by the fact that he was one of the pall- bearers at the Governor's funeral in 1746 .- Ib., 314. having been ap- pointed to the Council, Sept. 23, 1745, he was sworn in as a member, Aug. 10, 1747, and remained therein until the Revolution, being Speaker in 1765, and several years thereafter .- N. J. Archives, IX., 274; X., 561;
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XV., 512-513; XVII., 412. In 1748 he was manager of a lottery for com- pleting the Episcopal church at New Brunswick, and building a par- sonage house .- Ib., XII., 471, 518, 520. Charles Read, one of the ablest public men in New Jersey, considered him suitable for Supreme Court Judge, in 1753 .- Ib., VIII., Part 1, 188. Some time prior to 1758 he acquired an extensive tract of land near Morristown, where he took up his residence before 1765, his place being known as "Mount Kemble," a name perpetuated in one of the most beautiful avenues in that town to-day .- Smith's Hist. N. J., 499. He was commissioned one of the Justices of the Peace of .Morris county, April 30, 1768 .- Hist. Morris County, 75. During the Revolution he sided with the British, but was not disturbed by the Americans, except as they cantoned on his estate while the army was in winter quarters at Morristown. He
died there, Feb. 23, 1789, having passed his eighty-fourth year. Very soon after coming to this country he married Gertrude Bayard, second daughter of Samuel Bayard and Margaret van Cortlandt, and thus be- came connected with a number of the most influential Colonial families of New York and New Jersey .- N. Y. Hist. Colls., 1884, xiv. He mar- ried, 2d, Elizabeth Tuite, of Trenton, Oct. 10, 1749. She was of an old Irish family, settled in Maryland. By his first wife he had five sons and two daughters:
I. Samuel, who entered the British army, but left it in 1773 to accept the post of Collector of the Port of New York. In 1783 he went to London, and thence to the East Indies, where he died in the island of Sumatra about 1796.
II. Richard, born in August, 1733, and died at Mount Kemble, which he inherited, Sept. 13, 1833, unmarried.
III. Peter, born in 1739. He was educated in the "college in Phila- delphia," now the University of Pennsylvania, then engaged in busi- ness, and later, with his two brothers-in-law-Nicholas and Isaac Gouverneur-established the commercial house of Gouverneur & Kem- ble, in New York. He died July 6, 1823. He married Gertrude Gouver- neur (daughter of Samuel Gouverneur and Experience Johnson), June 5, 1784. Issue: 1. Gouverneur, b. Jan. 25, 1786; d. Dec. 16, 1875, at Cold Spring, N. Y., unmarried. He was the owner of "Cockloft Hall," near the Erie railroad station, in Newark, made famous by Washington Irving and James K. Paulding, in "Salmagundi." 2. Peter, drowned, Nov. 24, 1813, in his 26th year. 3. William. 4. Richard, born in 1800, inherited Mount Kemble from his uncle Richard, but sold it and re- moved to Cold Spring, where he died in 1888. 5. Gertrude, married James Kirke Paulding; she died in 1841, leaving four sons. 6. Mary, married Robert Parker Parrott, a graduate of West Point Military Academy, in 1824, and later the inventor and manufacturer of the "Parrott gun."
IV. Stephen, born at or near New Brunswick, in 1740. He entered the British army in 1757, and in 1772 became Deputy Adjutant General of the Forces in North America, which position he resigned in 1779. He was commissioned Colonel in 1782, and served in the army in America, the West Indies, the Spanish Main, Nicaragua and England, until 1805, when he sold out, returned to America, and settled at New Brunswick, in the house in which he was born, and there died, Dec. 20, 1822, unmarried.
V. William, died in England, a Captain in the British army.
VI. Margaret, married, Dec. 8, 1758, at Mount Kemble, General Thomas Gage, Commander-in-Chief of the British army in America, and Governor of Massachusetts at the beginning of the Revolution.
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KEMBLE FAMILY : KENNEDY-First and Second
He was the second son of Thomas, eighth Baronet and first Viscount Gage. General Gage died in 1788; she died Feb. 9, 1824. Issue: 1. Henry, born March 4, 1761, and by the death of his uncle without male issue became Viscount Gage; he married, Jan. 11, 1789, his cousin, Susannah Maria, only daughter and heir of Lieut. Col. William Skinner, of Perth Amboy, by his wife Susan, daughter of Admiral Sir Peter Warren. He was succeeded by his son, Henry Hall, fourth Viscount, and he by his grandson, Henry Charles, the fifth Viscount Gage. The other children of General Thomas Gage and his wife Mar- garet Kemble were: 2. John; 3. Admiral Sir William Hall Gage; 4. Marion, wife of Sir James Crawford; 5. Louisa, wife of Sir James H. Blake; 6. Harriet, died single; 7. Charlotte Margaret, wife of Admiral Sir Charles Ogle; S. Emily, wife of Montagu Bertie, fifth Earl of Ab- ingdon.
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