USA > New Jersey > Cape May County > The history of Cape May County, New Jersey : from the aboriginal times to the present day > Part 11
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The following is Aaron Leaming's version of the affair:
"March 26th, 1761 .- About forty people met at the Pres- byterian Meeting-house to ask Mr. Spicer if he purchased the Society's reversions at Cape May for himself or for the people. He answers he bought it for himself; and upon asking him whether he will release to the people, he re- fuses, and openly sets up his claim to the oysters, to Basses' titles, and other deficient titles, and to a resurvey, where- upon the people broke up in great confusion, as they have been for some considerable time past."
"Mr. Spicer says that his deed for the Society's reversions to Cape May bears date the 2d day of August, 1756."
But this affair did not seem to trouble Spicer so very much, because in his diary on April 4th following, he wrote: "Told John Stevens, Esq., that I was willing to be con- cerned with him in purchasing the 70,000 acres of the So- ciety's lands, provided on inquiry I can find it will answer, of which I am to acquaint him by way of Philadelphia, un- der the care of Richard Stevens, as also what price I think may be given of which Mr. Johnson may advise his con- stituents and know whether they will approve thereof. This tract lies under great advantage. Some doubts may arise
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HISTORY OF CAPE MAY COUNTY ..
whether the council of proprietors will admit of taking off the rights, nor can any person, I am well assured, afford to- give for the land as located the price of rights, and were the . rights even taken off it would be a great doubt whether such a quantity would ever sell, or if they would it can't be ex- pected in any short time. I understand by Mr. Stevens , that Doctor Johnson has asked £3000 for the lands that : won't answer, I am well assured."
In June following he offered them his whole landed es -- tate and the natural privileges in the county, excepting his : farm in Cold Spring Neck, and a right for his family in the " privileges, for f7000, which offer was declined.
His diary, June 4, says: "Told Mr. Joseph Corson I: would sell the publick if they please all my estate in Cape . May for £7000, taking some of their substantial men jointly . and severally for my security in a bond drawing interest“ from date, reserving my Long Neck and March adjacent about 400 acres, a natural privilege for myself and posterity, in common with the rest of the community, and limiting the time of this offer to six months, if not overheard in that time I am to be at liberty." On December 22, that year,. he made the same offer to Jeremiah Ludlam.
He further states: "Mr. James Godfrey, in behalf of the. Upper Precinct, applied to me to purchase the natural priv- ileges in that precinct. I told him I should be glad to: gratify that precinct; and please myself also; and could I see a good foreign purchase, and thereby exchange a storm for a calm, to equal advantage to my posterity, I should' think it advisable; and in that case, if I sold, I should by all means give the public a preference, but at present did not incline to sell. I remarked to him this was a delicate affair, that I did not know well how to conduct myself, for I was willing to please the people, and at the same time to do my posterity justice, and steer clear of reflection. Recollecting that old Mr. George Taylor, to the best of my memory, ob- tained a grant for the Five-Mile Beach and the Two-Mile Beach, and, if I mistake not, the cedar-swamps and pines for his own use and his son John Taylor reconveyed it for about fg, to buy his wife Margery a calico gown, for which he was derided for his simplicity."
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JACOB SPICER AND HIS SAYINGS.
He said, November 18, 1761: "Mr. Nathanel Foster de- sired to lease Jarvis sounds. I told him if he wouldn't stand between me and the people in point of blame I would, which. he said he would do."
CHAPTER XI. AARON LEAMING AND HIS TIMES.
Some extracts of the most interesting portions of Aaron Leaming's diary for the year, 1761, are here given:
"Burlington, January 1, 1761. The Assembly having provided for the pay of the New Jersey Regiment for No- vember last and appointed me to make that month's pay (see Memoirs for December, 1760), we are now proceeding to make payment.
"January 1, 1761. Rid to Mount Holly, this being a pay day there.
"January 2. Last night we lodged at Mr. Read's, this morning I paid Mr. Read 30s. for N. P. John Bancroft. Rid to Burlington.
"Jan. 3 (page torn) returned to Burlington & lodged.
"January 4th 1761 rid to the ferry but it was after Sun- set when we got over. Lodged at Mr. Cox at Moorestown.
"January 5. rid to Gloucester spent in making payment.
"6th Bought a p loots, they belonged to Mr. Jacob Clements I paid Mr Hugg 47s. for them. Rid to Capn Comrans & Jan 7th To Salen.
"Jany 8 Spent making payment.
"January 9th 1761 rid to Cohansie bridge.
"January 10th 1761 Spent at Cohansy Bridge making paymt. * *
"Jan II I rid to Tarkill.
"January 12th Got home. I have been gone ever since 28 of October about 76 days."
"Feb 17, 1761 Upon Viewing Mr Murr's account I find we gave him 6s 6 for binding each of the New Jersey Con- stitution books.
"March 26, 1761-I set out for Amboy yesterday.
"March 28-Rid to Burlington.
"29-Set out in company with several Lodged at Cran- berry.
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AARON LEAMING AND HIS TIMES.
"30-got to Amboy and was qualified in ye house.
"Extract of Mr. Thomas Eatton's accts. bro't forward 3927 10 0
To my Commissions @ 5 p Cent. 196 7 6
To my Commissions on 5406 paid by the Commissioners 27
To further Commissions 2 2
223 9 8
deduct for ye Comrs of 28 10 lost at ft. Wm Henry I 8
222 I 6
"April 8, 1761-Rid to Burlington.
"April roth last night lodged at Mr Jno Coxe's, & to day rid to Philada.
"Apri 12 -- I came out of town. 14th was at Mr. Page's and 15th I got home.
"1761. New Jersey (to raise) 600 (troops which was 2-3 of 1760 quota.)
"May 31, 1761 I set out from home to go to Philada to buy a negro or two.
"June 2 got to Philada.
"Bought "Troy," of Willing Morris & Co., for £40.
"July 4, 1761, Set out to go to Burlington.
"6th Got to Burlington
"8 Broke up after passing a law to take 64 men & 2 officers into pay out of our Regiment, their service to com- mence the first of November 1761 & last a year: to have 3£ bounty & the officers Ios p of money this Levy money created a dispute. Wetherel & Spicer was uncommonly harsh against allowing levy money, and the reasons they assigned was the Poverty of Major McDonald who they suggested is to have the command of the 64 men -- & they say is unworthy the reasons for it is that let who will enlist the men they must give a Dollar to drink the Kings health, that being so antient & established a custom that no soldier ever pertends to enlist without it they pushed this matter in a very uncommon manner-when we came to vote I pro- posed a Dollar being the exact Sum we all knew must be
134
HISTORY OF CAPE MAY COUNTY.
given, but the leading voters placed it at Ios and I was forced to vote for the Ios or the voters for nothing would have carried it-and that would have defeated the Service & occasioned the Assembly to have been called again.
"9 of July 1761. I set out homeward.
"Got home. "
Concerning the Baptist Church at Court House, Leam- ing said:
"Oct 24, 1761, met and made arrangements for parson- age, and pews always to be free. Wanted 62 acres Milli- cent Young's for parsonage-17If. 1741-undertook to build meeting house."
"Nov 6, 1761-Burned (branded) cattle on 5 mile beach, Nummy island & on 7 mile beach."
In the Assembly, on December 3, 1761, when a bill or proposition was being passed upon imposing a duty on the importation of slaves, which Leaming considered really prohibitive, Leaming voted against it, while his colleague, Spicer, voted for its passage.
In 1761, by act of the Provincial Assembly, Wills' Creek was ordered dammed to preserve the "marshes and cripple swamps." A bank was ordered erected from the upland of Thomas Smith to extend by the causeway then in exist- ence, to the land of Nathan Hand. The managers were to be selected on the first Tuesday of each September, at the house of Thomas Smith. Smith and William Goff were ap- pointed the first managers. Elihu Smith was appointed to make the county assessment for the year, and Joseph Hild- reth was to collect the taxes. That same year Jacob Spicer was made one of the commissioners to provide aid for men wounded in the service of King Gorge III in fighting the French and Indians.
In 1762 Joseph Corson. Isaac Baner. John Mackey, James Willets and "sundry other persons," had petitioned for a toll bridge over Cedar Swamp Creek at Fast Landing. And the Assembly passed a law for its building and a cause- way. The following were the
Rates of toll :
Waggon or ox-cart, with team and driver. 6 pence. Chaise or horse cart, passenger, horse, mare or gelding
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AARON LEAMING AND HIS TIMES.
thereunto belonging .4 pence Every passenger with horse, mare, gelding. 2 pence. Foot
I pence.
Cattle &c., led over. Each I pence. "Sheep led over. Each I farth.
This road opened by way of Petersburg a more direct · communication with the upper part of the county.
March 22, 1762, Jacob Spicer and four others from other · counties were appointed by the Assembly to "purchase con- venient tract or tracts of lands" for the Indians who were satisfied with the New Jersey government to settle upon. "These were purchased in Burlington county and measured 3000 acres, which extended to the seashore. The last In- dian of the descendants of these settlers died in December, #894. The same year Jacob Spicer was chairman of the Assembly's commission to settle claims for damages incur- red by the French and Indian war.
On December 8, 1762, Henry Young, Nathaniel Foster, John Willetts, Nicholas Stillwell, Thomas Leaming, Joseph Corson, John Leonard, Jonathan Smith, Jacob Hand, Dan- iel Swane, Robert Parsons were commissioned to be Judges . of the Common Pleas, while Henry Young was to be Judge of the Inferior Court of Common Pleas, holding office dur- ing pleasure. The same commission was granted to each Nathaniel Foster, Nicholas Stillwell, William Smith and John Willetts.
Clamming, as well as oystering, occupied the attention of the inhabitants when there was no farming or other work pressing them. The following petition was presented to the Royal Governor, which sets forth their grievances, as well as shows who at that time were interested in the matter: To his Excellency William Franklin, Esq., Captain General and Governor-in-Chief in and over the province of New Jersey, Chancellor and Vice-Admiral in the sanie, and "To the Houses of Council and Assembly for the said prov- ince;
'The petition of the inhabitants of the county of Cape May humbly sheweth-
That the act for preserving oysters is of great advantage; 2but as it seems uncertain whether clams are included there-
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HISTORY OF CAPE MAY COUNTY.
in, strangers make so large a practice of gathering and" carrying them away, that in some places where they are the. best, there are not enough to be found for the use of the: neighborhood, and as this evil is increasing, we beg leave- to solicit a law to prevent persons, who are not inhabitants. of this province, from gathering clams in or exporting them out of this county.
And your petitioners, as in duty bound, will pray.
Dated July 11th, 1763.
Thomas Stites,
Ephraim Bancroft,
Thomas Hewet.
Charles Hand.
Robert Cresse,
William Simkins,
Jonathan Cresse,
William Goff,
Nathaniel Foster, ES Q
James Hildreth,
Henry Young,
Shamgar Hand,
James Whilldin,
Daniel Hildreth,
Jonathan Smith,
Jedekiah Hughes.
James Edwards,
Jonathan Mills.
Thomas Smith,
John Shaw,
Daniel Smith,
Jonathan Stites.
Jeremiah Ludlam,
Arthur Cresse.
Recompense Hand,
James Cresse.
Jacob Hughes,
Silas Swain,
Christopher Church,
Henry Hand,
William Matthew,
Henry Schellenger,
John Chester,
-James Eldredge, Jeremiah Mills.
Elihu Hand,
Downs Edmunds,
Elijah Hughes,
Ezekiel Cresse,
Jeremiah Leaming.
Joseph Hildreth,
George Stites.
By this year the French and Indian War was at an end .. and the results of it were the retirement of French control from North America, the unification of the colonists, the training of thousands of men in the use of arins to face an! enemy, and the preparation for the War for Independence, then not far from beginning, the removal of the need of the British protection because the frontier foe had vanished, and opened up the trend of thought toward a government of themselves and by themselves. The colonists were nearly-
Jacob Hand, ESQ
Nathaniel Shaw,
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AARON LEAMING AND HIS TIMES.
all English speaking, and nearly all Protestant, and of the same social class from the mother country. They were humble, upright and persevering, and one might believe, almost ignorant of dangers. The foreign trade of the coun- try was prosperous. The mass of the people lived simply, but comfortable. There were but two really rich men in the county-Spicer and Leaming, the latter, however, worth nearly four times the former.
The farm houses were generally built of huge timbers, covered with rough, unpainted clapboards, mostly one story. Usually the centre of the houses were taken up with an immense fireplace. On snapping cold winter nights there was no more cheerful sight, however, than such a fireplace, piled up full of blazing, burning wood, which had to be gathered in the day time by much hard work.
The farmer bought little at the store. He raised his own food; his sheep furnished wool, and his wife and daughters. spun and wove it into stout "homespun" cloth. The old rags were saved, carefully washed, cut into strips and woven into "rag carpet." For recreation there were sleighing and skating parties in the winter and husking bees, wood-chop- pings and hog-killings at other proper seasons. The three- cornered cocked hats and knee breeches were worn. Travel was by sail vessel or slow-going stages and "carry-alls." Cape May had the stocks for punishment of criminals.
In 1763 a large number of the freeholders of the county petitioned the State Assembly for the privilege of erecting a court house and jail on the plantation of Daniel Hand, in Middletown, near his dwelling house. The petition was granted and the cost was limited to £300. The reason given by the petitioners was that the court house and jail were out of repair, much too small and incommodiously situated. In 1764 Hand, who was a grandson of Shangar, deeded one acre for the purpose, free of cost, and the building was 24x30 feet, and lasted until 1849.
This Assembly decided to raise £25,000 tax in the colony in 1764, and Cape May's share was apportioned at £417 145. 8łd.
On September 17. 1765. Jacob Spicer, 2d, died. With all the many records here presented of his life as a public and
138
HISTORY OF CAPE MAY COUNTY.
private citizen, we have nothing after his birth, May, 1716, to guide us in relation to his early days. His father died when he was a babe, and our first facts concerning this sec- ond Spicer was when he became a member of the Legisla- ture, in 1744, which office he held until he died, excepting one year; the first in connection with Henry Young, Esq., and afterwards, until his demise, with Aaron Leaming (sec- ond), Esq .; being almost a moiety of the time he lived. He bore a prominent part in the proceedings and business of the House, as the journals of those days fully prove.
He was a man of exemplary habits, strong and vigorous imagination, and strictly faithful in his business relations with his fellow-men, being punctilious to the uttermost farthing, as his diary and accounts fully attest. He carried system into all the ramifications of business; nothing too small to escape the scrutiny of his active mind, nothing so large that it did not intuitively embrace. He married Judith Hughes, daughter of Humphrey Hughes, Esq., who died in 1747; and in 1751 he married Deborah Hand Leaming, widow of Christopher Leaming. The written marriage agreement which he entered into with the said Deborah Leaming, be- fore consummating matrimony, is indicative of much sound sense and discriminating judgment.
He left four children, Sarah, Sylvia, Judith and Jacob; but there are now no male heirs of that name found living in the county.
In 1762 he made his will of thirty-nine pages, the most lengthy and elaborate testamentary document on record in this or perhaps any other State.
He was possessed of a very large amount of real estate that he held in his name and under his control, and which he left with much guarded care, first to the necessary pay- ment of all his lawful debts, and secondly to his own family and their heirs, distributing to each a portion in due sea- son, while he also made provision for annual gifts of five pounds each to the religious institutions of the Quakers in the upper precinct, Baptists in the middle precinct and the Presbyterians in the lower precinct. In this instrument he complained of the unjust treatment by the populace and claims that he was vilely defamed and grossly abused on
139
AARON LEAMING AND HIS TIMES.
account of the natural privileges, of which he claimed to be entirely ignorant. He gave his wife one hundred pounds and the buildings and real estate on his Cold Spring Neck farm and two negroes. Rev. Daniel Lawrence, pastor of the Presbyterian church, was made one of the guardians of this daughters until they became of age. At death he or- dered his will read at the Baptist meeting house, and left directions that a sermon-like address to the good people of Cape May county on a text from Psalms ii, verses 1 and 2, in pamphlet form, to the amount of one hundred copies. be distributed.
This will was probated October 9, 1765. Ebenezer John- ston, Henry Hand. Christopher Church and Henry Stites were witnesses, and were sworn before Henry Young, sur- rogate of Cape May county. The five following persons, named in the will, were its executors: Deborah Spicer, Syl- wia Jones, Samuel Jones, Sarah Leaming and Christopher Leaming, to whom probate and letters testamentary were granted by his Excellency William Franklin, Esq., Captain- General and Governor-in-Chief of the colony of New Jer- sey.
He was buried by the side of his father, in his family ground at Cold Spring, a spot now overgrown with large forest timber.
On his tombstone was this inscription:
"Jacob Spicer, Esq., departed this life, Sept. 17th, 1765, mn the 49th vear of his age-
"If aught that's good or great could save, Spicer had never seen the grave."
His wife, who lies by his side, has upon her monument:
"Judith Spicer departed this life, Sept. 7th, 1747, in the 33d year of her age.
"Virtue and piety give way to death.
Or else the entombed had ne'er resigned her breath."
On May 6, 1762. Spicer, 2d, devised the natural privileges which seemed to be so exciting to the people, to his son, Jacob, who, November 9, 1795, conveyed by deed to a company or association of persons of the lower precinct and Cape Island, his entire right to the natural privileges, which were viewed and used as a bona fide estate.
140
HISTORY OF CAPE MAY COUNTY.
and the Legislature passed acts of incorporation, giving: them plenary powers to defend themselves from foreign and domestic aggression, thus virtually acknowledging the va- lidity of their title. Previous to the year 1840 a suit was in- stituted in East Jersey, the result of which was favorable to the proprietors; but on an appeal to the United States Su- preme Court from the Circuit below, the decision was re- versed, confirming the right of the State to all the immunities and privileges of the water thereof, barring out the pro- prietary claims altogether, and establishing the principle that the State possessed the right as the guardian and for the use of the whole people, in opposition to the claims of individuals or associations, however instituted or empow- ered.
Rev. Daniel Lawrence, who as pastor of the Cold Spring Church, became a popular and beloved man, died on April 13, 1766, and there. He had been pastor of the church since the spring of 1572, but was not installed until June 20, 1754. He was born on Long Island in 1718, and in his younger days was a blacksmith. He studied at the "Log College," in. Pennsylvania, and was licensed to preach in Philadelphia in 1745. From May, 1746, he was pastor of the Presbyterian church at Forks of Delaware, and there shared in the la -- bors of Rev. John Brainard, the Indian missionary. He was not robust in health and was directed to pass the winters. and springs at Cape May. While there he received the call from the Cold Spring Church. The second church, which. was built during his pastorate, in 1762, was a frame build- ing. He was buried among his people in the Cold Spring Church graveyard. On his tombstone is the following ap- propriate verse:
In yonder sacred house I spent my breath;
Now silent, mouldering here I lie in death;
Those silent lips shall wake and yet declare
A dread amen to truths they published there.
After the decease of Mr. Lawrence, among other sup- plies, Rev. John Brainard supplied the pulpit during the- winter of 1769-1770.
On August 22, 1767, William Smith, Nathaniel Foster, Nicholas Stillwell, Thomas Leaming, James Whilden, John.
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AARON LEAMING AND HIS TIMES.
Townsend, John Leonard, Joseph Corson, Jacob Hand, Daniel Swain, Robert Parson, Henry Hand, Thomas Smith, Reuben Ludlam, James Godfrey, John Mackey were made justices of the peace. To these on June 7, 1770 Joseph Sav- age was added.
At the same time, in '67, Thomas Leaming, James Whil- den, John Townsend, John Leonard were selected and com- missioned judges of the Inferior Court of Common Pleas.
In April, the next year, Nicholas Stillwell was named to be a commissioner for taking recognizance of bail. He served the county in the Assembly from 1769 to 1771, and was a son of John Stillwell, of Town Bank. He purchased, in 1748, of Joseph ,Golden, the plantation at Beesley's Point. After his death, in 1772, the place fell to his son, Captain Nicholas Stillwell, who afterwards sold to Thomas Borden, who sold, in 1803, to Thomas Beesley, who resided on the premises until 1816, and on an adjoining property until his death in 1849.
In 1769 the people clamored for more law to protect the oyster industry, and the Assembly confirmed the law of 1719, and added new provisions, requiring that no beds should be raked from May 10 to September I, under a pen- alty of forty shillings, two-thirds to go to the informer and one-third to the power of the township or city where the offense was committed; empowering the officers of the law to summon aid to the constables in making arrests; prohib- iting oysters for lime under a forfeit of three pounds, one- half of which went to the informer and the other half to the poor, and putting the burden of proof on the defendant and making the act valid for three years.
In 1770 the laws passed by the Assembly prescribed that there should continue to be two Loan Office Commissioners for Cape May county; that lands in the county should not be assessed at a rate higher than £30 per 100 acres nor less than £8 per 100 acres; and that Aaron Leaming was to be one of a committee to correspond with the colony's agent in reference to money matters. On May 12, this year, Rev. James Watt was installed as pastor of the Cold Spring Pres- byterian Church, where he labored during the Revolution- ary period, or for eighteen years, being the successor of
-
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HISTORY OF CAPE MAY COUNTY.
Rev. Daniel Lawrence. Mr. Watt was born March 12, 1743r and died November 19, 1789, and was buried in the ceme- tery back of the church.
Jeremiah Eldredge was a prominent man at this time, and. was frequently honored by his fellow-citizens in holding public trusts in Cape May county. When he was 23 years .. old he was elected clerk of court and held the office for nine years, from 1768 to 1777. When 35 years old he was elected to the Legislative Assembly one year, from 1780 to 1781,. and then afterwards he was elected nine years to the Legis- lative Council, from 1784 to 1794. After that he was ap- pointed a surrogate for two years, from 1793 until his death. He was a son of Samuel Eldredge, born August 3, 1745,- and died April 28, 1795.
CHAPTER XII.
JOHN HATTON, THE TORY.
At the beginning of the Revolutionary period the various acts of the English Parliament which affected America, and in which the colonists had no voice by representation, began to meet with protests. The most impolitic measure of the government was the passage in 1765 by Parliament of the celebrated "Stamp Act," for the purpose of raising a reve- nue by taxing the colonies. The people resisted the meas- ure, and so strong were the protests that Parliament re- pealed the act in 1766. The next year the English Ministry attempted to compel the colonists to assist in raising sup- plies for that government, imposing a tax upon tea, glass, paper and painters' colors. A storm of opposition, more strong, was again excited, and soon after all duties were: withdrawn except that upon tea, which was taxed at three: pence per pound. This was not satisfactory to the people: of the colonies, not because of the amount of the duty, but because of the principle of taxing without consent or voice of the colonists. John Hatton, collector of the port of Salem. and Cohansey, came to Cape May in November, 1770, to. stop what he termed were illegal actions on the part of local' and other skippers in landing goods at Cape May to avoid paying duty. The following is correspondence which grew out of the treatment of him by the common pleas justices, Thomas Leaming, John Leonard and James Whilden:
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