USA > New Jersey > The New Jersey coast in three centuries; history of the New Jersey coast with genealogical and historic-biographical appendix, Vol. I > Part 40
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Associate Justice Elias B. D. Ogden came to his office in 1848 and served for two terms. One of his most important decisions was denial of the right of a State Court to interfere for the release of a prisoner held under the judgment of a Federal Court. He had served as Prosecutor of the Pleas, and he was a member of the State Constitutional Convention in 1844.
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Lucias Q. C. Elmer, who became an Associate Justice in 1852, occu- pied the position for fifteen years. He was honored for his conscientious- ness in the discharge of his official duty, for his personal piety, and for his earnest advocacy of charitable and humanitarian projects. He was a writer of no mean ability, and left an enduring piece of work in his vol- ume, "The Constitution and Government of the Province and State of New Jersey, with Biographical Sketches of its Governors from 1776 to 1845." He also wrote a "History of Cumberland County" and a book of legal forms and a digest of the laws of New Jersey. A later edition of the latter work appeared under the title "Nixon's Digest," and contained nu- merous additions by John T. Nixon, son-in-law of Justice Elmer.
Associate Justice Stacy G. Potts came to his seat in 1852 and served for one term. He was a studious, painstaking man, and he came to be looked upon as a most capable jurist. In other ways he was highly useful to the bench and bar of the State. While serving as Clerk of the Court in Chancery he compiled an excellent work on chancery practice which was for many years a standard text-book on that subject. At a later day, and before coming to the bench, with Peter D. Vroom, Henry W. Green and William L. Dayton, he served on a statute revision commission, and the principal share of the labor devolved upon him.
Daniel Haines came to the bench as an Associate Justice in the sanic year with Justice Potts, and he served two full terms with entire credit to himself and to the admiration of his colleagues and of the bar. His life was one of rare usefulness in various ways. He was elected Governor in 1843, and again in 1847. He was a commissioner to locate various public institutions, and he was deeply interested and intensely active in all move- ments for the improvement of prison control. He was a representative from the United States in the International Convention on Prison Disci- pline and Reform held in 1872 in London, England.
Among the most honored names in the law annals of the State is that of Peter Vredenburgh. He was born in Hunterdon county, and was ed- ucated at Rutgers College. He became a lawyer and located in Eaton- town, in Monmouth county, whence he removed to Freehold. In 1837 he became Prosecutor of the Pleas, and he served in that position for fif- teen years, and established a reputation for ability of the highest order. In 1855 he was appointed an Associate Justice by Governor Price, not- withstanding the fact that they were antagonists politically. Under re- appointment by Governor Olden his term of service was extended to four- teen years. He was regarded as an ornament and honor to the bench and bar of the State, and was spoken of as one of those great and pure minds who have given the judiciary of the State an honorable pre-eminence in
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the nation. He was remarkable for patience in hearing a case, and for his powers of minute analysis, and of correlating established facts and seem- ing inconsistencies. Justice Vredenburgh was called to mourn the loss of a gifted son who fell on the field of battle during the Civil war, and the great affliction brought further impairment to an enfeebled system, al- though his death did not occur until 1873.
Edward W. Whelpley, Chief Justice from 1861 to 1864, was a native of Morris county and was educated at Princeton College. He read law under two masterly preceptors-Amzi Dodd, his uncle, and Amzi Arm- strong. He practiced his profession with entire success, at first in New- ark, and then in Morristown. He was elected to the Assembly in 1848, and was re-elected to a second term, when he became Speaker. In 1858 he was appointed Associate Justice of the Supreme Court in succession to Martin Ryerson, who had resigned, and in 1861 he became Chief Jus- tice, succeeding Henry W. Green, who had become Chancellor. His death occurred in February, 1864, while he was yet in office.
Justice Whelpley was a lawyer of commanding ability-well versed in common law, strong of intellect, thorough and precise. He despised mere technicalities, scorning all methods that were not based upon entire rectitude. He was, perhaps, one of the most consummate orators of his profession-not an oratorical trickster, but a speaker whose smooth flow of language, pleasing voice and naturally graceful gesture commanded at once attention and admiration. On the bench he was regarded by his associates with deep respect, even when he antagonized his colleagues. It was his unique experience-and a similar instance is unknown-to have, in two cases before the court of appeals, his opinions sustained by the lay members over the judgment of the law judges. He was a man of high literary attainments and unsullied character, and his death was deeply deplored throughout the State.
Joel Parker became an Associate Justice in 1880, was reappointed in 1887, and died in the second year of the latter term. He was a scrupulous- ly fair and honest Judge-studious as to the law in a case, but restive under its technicalities if they were invoked to effect a miscarriage of jus- tice. He was of that old-school mould of professional thought which, in seeking to arrive at a just conclusion, began with a consideration of the abstract rightfulness in the matter, and then proceeded, confident in the belief that what is right in itself is capable of maintenance through legal axiom and enactment.
But Mr. Parker was more conspicuous in other fields, in which his services were of paramount usefulness to his fellows and to the State. He was a citizen and public servant of the first order. He was born near 24
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the Monmouth battle ground, and his father, Charles Parker, one of the leading men of his day, instilled in him all manly virtues and love of knowledge. He was educated at Princeton College, and he read law under Henry W. Green, who was subsequently Chief Justice and Chan- cellor, and then began his law practice in Freehold. In 1847 he was elected to the Assembly and at once became a leader on the Democratic side. In 1851 he was appointed Prosecutor of the Pleas in his native county, and served in that position for five years. He was an Elector on the Democratic ticket in 1860, and he was one of the three in northern States who in the Electoral College cast their votes for Douglas for Presi- dent. Democrat as he was, he was appointed by Governor Olden, a Re- publican, to the position of Major-General of a Militia Division compris- ing five counties. In 1862 he was elected Governor, and his zealous patriotism and executive ability won for him the admiration and confi- dence of the national administration. In organizing troops for the field he was among the very first of State executives, and when Pennsylvania was invaded by the Confederates his regiments were on the threatened ground even before those which belonged to it. Through his personal efforts, call after call for troops was met with volunteers, while adjoin- ing States were forced to resort to drafting, and he provided for the fami- lies of his soldiers, and for the soldiers themselves when they were wound- ed or sick. He was ineligible for re-election and in 1868 his State delegation in the Democratic national convention voted for him persist- ently but unsuccessfully for the Presidential nomination. In 1871 he was again elected Governor. In 1875 he was appointed Attorney General, but he soon resigned and resumed his law practice, from which he was called to the bench, as previously narrated.
. Chief Justice Mercer Beasley was a native of Trenton, and he was educated at Princeton College. He began reading law under the precep- torship of Samuel L. Southard, and he completed his course under Chan- cellor Isaac H. Williamson. He entered upon practice in Trenton, and came to be known as a most capable pleader, whose success was conspicu- ous in the most important courts.
On the death of Chief Justice Whelpley, Mr. Beasley was named to the position thus made vacant, and so early did he manifest his peculiar fitness for the position that he succeeded himself time and again, no matter who the appointing power, or of what political party, so that his serv- ice covered the unprecedented period of thirty-three years. His in- defatigable industry, deep knowledge of law and capacity for giving it application, were apparent from the outset. In the Court of Errors, in which he first sat, he prepared every reported opinion which was delivered
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in his first term. The very first of these was one upon a most important question-whether writs of error were the proper remedy in certain cases -- and this involved an exhaustive exposition of the history of such writs ab initio. There was a curious contrariety in that which he spoke and that which he wrote. In oral charges to a jury his instructions were couched in simple, direct and well understood terms, while in his written decisions his really learned disquisitions were at times obscured by ill construction, and occasionally disfigured by words of his own coinage. He made an enviable record as a jurist, and there was never a better citi- zen.
Joseph D. Bedle, an Associate Justice with Chief Justice Beasley, came to the bench when thirty-four years of age, one of the youngest men ever elevated to that position. He was born at Matawan, in 'Monmouth county, where he acquired an academical education. He began his law studies under the preceptorship of William L. Dayton, and completed his reading elsewhere. For two years he practiced in his native town, whence he removed to Freehold. In 1865 he became an Associate Justice, nomi- nated to the position by Governor Parker. His circuit was large and im- portant, comprising the counties of Hudson, Passaic and Bergen. He made an excellent record as a jurist, and one of his decisions, delivered in his first year on the bench-one upon the question of taxation- settled the law in some important particulars. He had been named for the gubernatorial office during his first term, and in his second term he received a unanimous nomination in the Democratic convention. Deeming it beneath the dignity of the judicial position to take part in the campaign, he applied himself solely to the duties of his office. He was elected, however, in 1874, and he acquitted himself as honorably in his later as in his former position. In every position he was a gentleman of unfailing courtesy and urbanity.
David A. Depue was made Associate Justice in 1866. He was of Huguenot descent and was born in Pennsylvania. He was educated at Princeton College, and read law under John M. Sherrard, of Belvidere. When he came to the bench his circuit comprised the counties of Essex and Union, and for more than thirty years he sat on the bench of the former county, which has long been a circuit in itself. He was successfully reap- pointed until 1894, extending his official service to the unparalleled period of thirty-five years, with the end of his last term in 1901, in which year his merits were fitly crowned by his appointment to the position of Chief Justice, and it was his great distinction to be the first member of the court to be advanced to that high place. Having thus attained the consumma- tion of his desires, he resigned in the fall of that year, on account of fail- ing health. His death occurred in the summer of 1902, profoundly re-
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gretted by all who knew him. His record as a jurist and citizen was with- out a stain, and two great institutions-Princeton University and Rutgers College-testified to his talents and character by conferring upon him the degree of Doctor of Laws.
William S. Gummere became Chief Justice in 1901, succeeding Chief Justice Depue, resigned. He was born in Trenton, June 24, 1852, a son of the late Barker Gummere, who for many years was one of the acknowledged leaders of the bar of New Jersey. Justice Gummere was educated at the old Trenton Academy and the Lawrenceville School, and was graduated from Princeton College in 1870. He studied law with his father, and upon being admitted to the bar he practiced for a time in the office of G. D. W. Vroom, when that gentleman was Prosecutor of the Pleas for Mer- cer county. Subsequently Mr. Gummere formed a copartnership with his uncle, the late ex-Governor Parker, in Newark, and after that had been dissolved he was associated with Oscar Kcen, of the same city. This con- tinued until the late Edward T. Green was made Judge of the United States District Court, when Mr. Gummere succeeded him as counsel for the Pennsylvania Railroad Company, with offices in Trenton. February 18th, 1895, he was appointed by Governor Werts as a Justice of the Su- preme Court, to succeed the late Justice Abbett. On January 28, 1901, he was nominated by Governor Voorhees for Chief Justice of the Supreme Court, to take effect on November 16, 1901, and he was confirmed on February 4 following. Chief Justice Gummere took the oath of office on November 19, 1901. In politics he is a Republican. His term will expire in 1908. His circuit comprises Essex county.
William J. Magie, the present Chancellor, a son of the Rev. Dr. David Magie, was born in Elizabeth and was educated at Princeton. He read law in his native town under Francis B. Chetwood, and the two were subsequently associated in practice for several years. From 1865 to 1870 Mr. Magie was Prosecutor of the Pleas for Union county, and from 1875. to 1878 he was a State Senator. In 1880 he was appointed an Associate Justice, and he was serving in this position in his third term when (in February, 1897) he was appointed Chief Justice, to succeed Mercer Beasley, deceased. His circuit comprises the counties of Morris, Sussex and Somer- set. He has acquitted himself admirably in his high office, and is a man of excellent character and broad information.
As previously said, to give an account of all the eminent men who. have occupied the exalted position of Judge, whether on the supreme tri- bunal or in those courts which come nearer to the people, is not within our province. The endeavor has been to trace the beginnings and develop- ment of law in our State, and, where individuals are named, to present such
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as are typical of their profession, or who have figured in peculiarly interest- ing circumstances or times.
Of the lower courts it is to be said that they have been habitually pre- sided over by a splendid class of men-men of high character and excellent ability. In the same category is to be included the great mass of the prac- titioners before these various courts. The great value of education, in affording equipment to bench and bar, is not at all to be disparaged. New Jersey has just reason for being proud of its schools, from those of the district and village to its great university. But education is not limited to that afforded by learned professors and exhaustive text-book treatises. It includes what goes to the making of the student in such inspiration and habits of thought as cannot be altogether acquired from these.
And so, to point the moral and make the meaning clear, it is to be said that the legal profession of New Jersey has been aided to the attaini- ment of its-high mental and moral position, by a professional heredity which can only be regarded with admiration and gratitude. The great active majority of to-day, jurists and lawyers alike, had their training in a school of peculiar dignity and usefulness-the office of the practicing lawyer. Many of those on the bench and at the bar at the present time had for tutors those who in their day read law under the preceptorship of Asa Whitehead, Peter D. Vroom and others of their class, and they; in turn, reached back to Kirkpatrick and Southard and Ewing. Hence and thus have been preserved to the present generation the best traditions of the olden times, with its men of courtly mien, of sterling integrity, and of unaf- fected loyalty to those principles of conduct which mark him who may justly be called to the high duty of promoting the ends of justice among his fellows.
CHAPTER XIII.
PROGRESS OF AGRICULTURE.
New Jersey, from the beginning of her story, has been regarded as mainly an agricultural State. Whatever peculiarities her laws might pre- sent in the way of perfect religions toleration, whatever industries might spring from her magnificent coast line, whatever manufacturing develop- ments would assert themselves here and there, it was agriculture that was always regarded as the backbone of the State-the real source of its wealth. The cause of the failure of some of the early colonies was that they paid no attention to this important matter; did not seem to include it even in the slightest degree in their calculations. In the Revolutionary War both armies were anxious to hold New Jersey mainly as a granary, and after the tide of battle rolled away from its plains it was still harried as a splendid foraging territory by the combatants on both sides.
So it continues to-day, in spite of the wonderful growth in numbers of the inhabitants of the cities, and the extraordinary development of man- ufacturing and railroad industries throughout the entire State. On June I, 1900, there were 34,640 farms in New Jersey, with a valuation of $162,- 591,010. Of this amount $69,230,080, or 42.6 per cent., is the value of buildings, and $93,360,930, of 57.4 per cent., the value of the land and other improvements. In addition there were on the farms implements and machinery valued at $9,330,030, and live stock worth $17,612,620. This puts the aggregate value of entire farm property at $189,533,660.
No. 133 of the Bulletins issued by the Census Bureau at Washington is devoted to the consideration of agriculture in New Jersey, and as its facts and figures are reliable and the report is of quite recent date we cannot do better than quote freely from the valuable and well arranged data therein presented.
North of a line from Trenton to Jersey City the surface of the State is hilly or mountainous. South of this line it is a gently undulating plain, sloping south, east and west to the surrounding waters, which are bordered by extensive marshes. The soil is for the most part a sandy loam, every-
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where easily tilled. It grows lighter toward the south, and is most fertile in the river valleys and in the hilly region of the north.
The proximity of the New York and Philadelphia markets renders gardening, dairying and fruit raising especially remunerative, and these li- dustries will be found to furnish a very large percentage of the farm products.
Except for the period from 1880 to 1890 the number of farms has steadily increased, and is now 10,745, or 44.9 per cent. greater than in 1850, and 3,822, or 12.4 per cent. greater than in 1890. The total acreage of farm land, however, has increased but 3.2 per cent. since 1850. It fol- lows, therefore, that there has been a decrease in the average size of farms, and statistics indicate that this decrease has been nearly continuous through- out the period covered.
The area of improved land gradually increased until 1880. The de- crease since that date, while less marked than in the New England States treated in this series of bulletins, is the result of the same general condi- tions, namely, the development of intensive agriculture and the increased attention given dairying, truck farming and fruit growing.
Those lands which are most fertile or most easily tilled have been retained under cultivation and made increasingly productive. As a result, the aggregate income derived from cultivated crops is now greater than it was in 1880, although the acreage under cultivation is somewhat smaller. The less fertile lands have been found to afford greater incomes as per- manent pasture than as meadow or plow lands, and the two last decades have shown an increasing acreage of such land reported as unimproved.
In 1899 the total value of farm property was $189,533,660. Since. 1850 it has increased $54,191,355, and in the last decade, $7,080.746. Of the latter amount, $3,328,170, or 47.0 per cent., represents the increase in the value of farms; $1,951,386, or 27.6 per cent., in that of implements and machinery ; and $1,801,190, or 25.4 per cent., in that of live stock. The value of farm products in 1899 was 50.6 per cent. greater than in 1889. A portion of this increase, and of that noted in the case of implements and machinery, is doubtless the result of a more detailed enumeration in 1900 than heretofore. The only counties in which the number of farms is less than in 1890 are Somerset, Morris and Hunterdon, which show decreases. of 3.5 per cent., 4.4 per cent. and 5.8 per cent. respectively. The largest relative increases are in Hudson, Atlantic, Cumberland, Essex and Ocean counties, in the order named.
The total area of farm land in the State in 1899 was 2,840,966 acres, of which 1,977,042 acres were improved. The aggregate was 6.7 per cent. greater than in 1890. The counties showing the largest percentages of in-
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crease are: Hudson, 119.5 per cent. ; Ocean, 55.0 per cent .; Cumberland, 34.3 per cent. ; Camden, 24.0 per cent. ; and Passaic, 21.0 per cent. The farm acreage has decreased slightly in Monmouth, Hunterdon, Morris, Somerset and Bergen counties.
The percentage of farm land improved is less than it was in 1890 in all counties except those in which there are marked increase in total farm acreage.
The total value of land and buildings ($162,591,010) has decreased in all counties along the western boundary, except Camden and Cumber- land, where small gains, due to large increases in total acreage, are reported. The value per acre of land and buildings has increased in Atlantic, Bergen, Essex, Morris, Passaic, Somerset and Union counties. Of these counties all but Atlantic are in the northwestern part of the State, and the increased values are doubtless due to the rapid development in special branches of agriculture, stimulated by the proximity of New York City markets. The other counties, in each of which the value of farms has decreased since 1890, also showed decrease for the decade 1880-1890. The farms of these counties, as a rule, are better adapted to general agriculture than to the growing of fruits or vegetables, and are less intensively cultivated than the farms of those counties in which values are increasing.
The value of implements and machinery ($9,330,030) has increased since 1890 in every county, the largest relative gains being in the counties where dairying and market gardening are the leading branches of agri- culture.
The total value of live stock ($17,612,620) has increased II.4 per cent., Morris being the only county in which a decrease is reported. Hud- son, Essex and Union counties show the largest relative gains.
The average expenditure per farm for labor was $194 for the State, and ranged from $78 in Ocean county to $822 in Hudson county. In the latter named county $104 was expended for labor for every acre of farm land.
For fertilizers the average expenditure per farm in 1899 varied from $8 in Sussex county to $125 in Gloucester county, while the average for the State was $62. In 1889 the State average was $60 per farm, and the county averages ranged from $2 in Sussex to $175 in Hudson.
Between 1890 and 1900 the number of farms operated by owners in- creased 1,853, or 8.3 per cent. Cash-tenant farms increased 1,850, or 53.6 per cent., and share-tenant farms, 119, or 2.4 per cent. In 1890 58.9 per cent. of all tenants were share-tenants, and in 1900 but 48.8 per cent. This change indicates a growing sentiment on the part of both landlord and tenant in favor of the cash-payment system, and greater independence and financial
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responsibility on the part of the tenant class as a whole. The greatest relative numbers of share-tenants are found in the counties having the least intensively cultivated farms. In Warren and Hunterdon counties 70.5 per cent. and 72.0 per cent, respectively, of all tenants are share-tenants, while in Essex and Hudson counties the corresponding percentages are but 2.8 and 5.9. There are relatively more share-tenants among the colored farmers than among white farmers.
No previous census has reported the number of farms operated by "part owners," "owners and tenants," or "managers," but it is believed that the number of farms conducted by the last-named class is constantly in- creasing.
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