USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 13
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* The word but here is found in Leaming and Spicer's Collection, and in Smith's History. Sed quere whether the word "not" ought not to be substituted.
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commissioners for the time being: All settlements were to be modified con- formably with the preceding rules: The proprietors in England, were to be notified, that it was necessary for the speedy settlement of the province, and all concerned therein, that there should be allowed to each proprietary 3200 here's, for the first choice (first dividend); and in case of the arrival of many adventurers, who purchased no land in England, the commissioners reserved the liberty to take up as much more land, as should give to every proprietor, a quantity not exceeding 5200 acres, which had been allowed for the first settlement (dividend). But that no one should take up any such portion of land, but as they should settle it ; and after the 3200 should have been settled: All public high-ways were to be laid out at the discretion of the commissioners, through any lands, allowing the owners reasonable satis- faction : All persons having taken up lands within the first and second tenth, were required to present their muniments of title, to certain of the commis- sioners, for inspection; and persons thereafter taking up lands, within such tenth, were required to declare, before such commissioners, upon the pains of perjury, that the quantity specified in their respective deeds, did really, and in good conscience, belong to them; upon which such commissioners might grant a warrant to the surveyor, enjoining him to return such warrant and survey, at the next court, after survey, that the same might be registered by order of the court: The proprietors and purchasers, within the first and second tenths, had liberty to take their full proportions, as before, within mentioned, of the first and second choice, provided they did not, respectively, take up more than five hundred acres, in one settlement.
By the subdivision of the proprietys, it soon became difficult to ascertain the sense of those interested; and great detriment arising to the business of the province, it was resolved by the proprietors, on the 14th of February, 1657, to constitute a proprietary council, consisting of eleven commissioners, to be annually elected, from among themselves; which number was in the subsequent year reduced to nine. These commissioners were empowered to act and plead in all such affairs, as should concern the body of the proprie- tors, as fully and effectually as if every proprietor were present; and two shillings per day were allowed them as a compensation. In November, 1658, the commissioners gave the following instructions relative to the ex- amination of deeds, and granting of warrants, for taking up of lands. 1. That no warrants should be granted, but upon the production of good deeds, authentic copies, or an extract of the record of such deed, under the regis- ter's hand. 2. That the deeds signed by Edward Byllinge, only, before the year 1652, were insufficient to sustain warrants. 3. That there should be a particular warrant, for every separate deed or particular purchase. 4. That the president of the council should, from time to time, grant warrants for the commissioners for the taking up their own lands. 5. That warrants, for lay- ing ont the lands of the surveyor-general, should not be directed to him, but to some other person, at the discretion of the commissioner, issuing the war- rant. 6. That every proprietor demanding a warrant, should engage to pay his proportionate share of expense of the management of the proprietary affairs.
Under this council, the land affairs of West Jersey have been administer- ed, to the present day. The right to head lands, as we have seen, ceased after the first of April, 1678. From that period, all titles were derived from individual proprietors. Dividends were declared from time to time, and 'carried to the credit of each proprietor, who was then at liberty to locate, or to sell unlocated, the quantity appropriated to his share, wherever it could be found unsurveyed.
XII. The boundary between East and West Jersey, though of no political importance, was long a vexed, and still continues an unsettled question. The
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line of partition was geographically fixed by the quintipartite deed, between the proprietors, of the first of July, 1676, confirmed by Act of Assembly, 27th March, 1719. But some difficulties occurred, subsequently, in making the partition, to the understanding of which, we must take a review of the titles of the respective proprietors.
The patent from Charles I. to the Duke of York, conveyed all the country now within the states of New York and New Jersey. The deed from the Duke to Berkeley and Carteret, extended New Jersey, " northward as far as the northernmost branch of the bay, or river Delaware, which is in 41º 40' of latitude, and from thence in a straight line to Hudson's river in 41º of lati- tude." Lord Berkeley conveyed his undivided moiety in fee to Fenwicke, in trust for Byllinge, and Fenwicke conveyed such moiety to Penn, Lawrie and Lucas, reserving a tenth to himself, which tenth he subsequently assigned to Eldridge and Warner, who conveyed it to Penn, Lawrie, and Lucas, the better to enable them, in conjunction with Byllinge, to make partition of the entire province with Sir George Carteret. These parties by the quintipartite deed, after expressly declaring, that, the province extended northward, as far as the northernmost branch of the river Delaware, which is in 41º 40' latitude, de- termine that the line of partition shall be a straight line drawn from the most northerly point or boundary on the Delaware, to the most southerly point of the East side of Little Egy Harbour. The confirmation of the Duke of York, (6th August, 1680,) to the West Jersey proprietor, and his confirmation, (14th March, 1692), to the twenty-four East Jersey proprietors, recognise the northern boundary as above described, and referring to the quintipartite deed, give the limits accordingly.
As the country became populous, much uneasiness was excited by sundry fruitless attempts for running the partition line, and the uncertainty relative to the point at which the designated latitude would fall. For remedy whereof, the Act of Assembly of 1719 was passed. This, after recognizing the quin- tipartite deed, and prescribing that a straight and direct line from the most northerly point of New Jersey, on the northernmost branch of the river Dela- ware, to the most southerly point of a beach on Egg Harbour, should be the division line, appoints commissioners to run the line and provides, that, which ever board of proprietors had appropriated lands of the other, should give an equivalent of Jands, in satisfaction, and that the then settlers should be quieted.
Pursuant to this act, and another for establishing the boundary line with the province of New York, Governor Hunter commissioned John Johnstone, and George Willocks of the eastern division, Joseph Kirkbride, and John Reading of the western division, and James Alexander, surveyor-general of both divisions, in conjunction with commissioners from New York, to discover and determine which of the streams of Delaware is the northernmost branch thereof, and also the place on such branch that lies in latitude 41º 40'. These commissioners together with Robert Walter and Isaac Hicks commis- sioners, and Allain Jarrat surveyor on the part of New York, after designa- ting the Fishkill branch, and fixing the point of latitude in the low land, in the Indian town called Cosheghton, on the east side of the river, executed an indenture tripartite, certifying the above result of their labours. After which, the West Jersey commissioners retired, protesting that their business was completed.
The northern station point thus fixed, appears to have been recognised and acquiesced in by both parties; yet the division line was not run for many years. But random lines were made along the whole distance of the extreme points, that the true line might be marked with the greater certainty and case; and such lines served to regulate future surveys.
The assigns of Carteret and Berkeley were respectively entitled to a
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moiety of the province, and unacquainted with the true geography of the country, they imagined that the line given in the quintipartite deed, would nearly effect their intentions; and the idea of equality of partition seems to have prevailed, until about the year 1687, when its propriety was questioned by Dr. Daniel Coxe. Under this idea, in the year 1686 an agreement was made between Robert Barclay, and the proprietors of East Jersey, and Ed- ward Byllinge, and the proprietors of West Jersey, for running the partition line, so as to give "as equal a division of the province" as was practicable. Pursuant to which, Lord Neil Campbell, Governor, and captain Andrew Ham- ilton, and John Campbell of East Jersey, and John Skene, deputy governor, and Samuel Jennings and others of West Jersey, all of whom were proprie- tors of their respective divisions, entered into bonds, to stand to the award of John Reed and William Emley, who were appointed to determine the line, and who directed that it should run from Little Egg Harbour, N. N. W. and fifty minutes more westerly, which was more than twelve degrees westward of the quintipartite linc; and was so altered, because the umpires as well as the parties to the bonds, were better acquainted with the quantity of land in cach division, than the parties to the quintipartite deed. The line so award- ed, was actually run in the year 1657, by George Keith, surveyor-general of East Jersey, from the south station point, to the south branch of the Rari- tan; and now forms the straight line, which in part, bounds the counties of Burlington, Monmouth, Middlesex, Somerset, and Hunterdon. This line was deemed by the West Jersey proprietors to be too far west, and was not continued.
On September 5, 1688, Governors Coxe and Barclay, entered into an agreement for terminating all differences concerning the deed of partition; stipulating that the line run by Keith, to the south branch of the Raritan, should be the bounds, so far, between the provinces, and directing the route by which that line should be continued for perfecting the division .* But this agreement was never carried into effect.
Subsequent to the determination of the north station point, in 1719, several ineffectual attempts were made by the parties to ascertain the line. At length, John Hamilton, and Andrew Johnstone, commissioners under the Act of 1719, (the latter named in 1740), at the request of the eastern proprietors, in the year 1743, appointed John Lawrence to run the line, pursuant to the act of Assembly; which was, accordingly, done in September and October of that year. And this line, the East Jersey proprietors allege, has been frequently recognised by the West Jersey proprietors, particularly, by the issue of war- rants of relocation from the year 1745, to 1765, for lands which were found to be east of this line; by directions given to survey and return for the use of the proprietors of the fifth dividend, the gore, or angle formed by Keith's and Lawrence's lines ; by numerous surveys inspected, approved and ordered to be recorded, which are bounded by Lawrence's line; and by other acts of acquiescence, entered upon their minutes. To this line of Lawrence, the East Jersey proprietors still firmly adhere.
The division line between the provinces of New York and New Jersey, re- mained long unsettled, by reason that the latitude of forty-one degrees on Hudson's river, was not ascertained. From the zealous and violent preten- sions of the border inhabitants in the respective provinces, such disorders arose, as to demand the interposition of their respective Legislatures; and in '1764, acts were passed in both provinces, referring the subject to the King. His Majesty appointed seven commissioners, who, meeting at New York on the Isth July, 1769, determined that, the boundary should be a straight
* Scc Smith's Ilist. N. J. pp. 197, 198.
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and direct line, not from the station point in latitude 41º 40', as fixed by the commission of 1719, but from the mouth of the Mackhackamack, at its 'junction with the Delaware, in latitude 41º 21' 37", to the latitude of 41º on Hudson's river. The controversy with New York, then, and subsequently to the year 1719, was deemed, only, to affect the property of the proprietors of East Jersey,-the Legislature rejecting their application to defray any portion of the expense of settling the boundary line; and the West Jersey proprietors refusing to join in their request; alleging that their stations were already fixed, and must remain.
The alteration of the boundary on the Delaware is supposed to have been produced by corrupt influence over the commissioners; who were all crown officers, and by the change, took from the proprietary government of New Jersey, and gave to the royal government of New York, large tracts of land, to be granted at its pleasure. The effect of the change was to take from the East Jersey proprietors, near two hundred thousand acres, and to produce a new discussion relative to the partition between East and West Jersey.
The new station point, at the confluence of the Mackhackamack with the Delaware, now the most northerly point or boundary of the province, on the northernmost branch of the rirer Delaware, with a line thence to the station point, at Little Egg Harbour, would make a gore or angle with Law- rence's line, near ten miles wide in the northern part, narrowing in propor- tion as it approached the point of contact, and containing about four hundred thousand acres. On the 25th of January, 1775, the West Jersey proprietors assuming, that, the new northern station point, was the true northerly boun- dary of the province, from which the partition line should commence, and altogether losing sight of the words of the quintipartite deed azi its depen- dencies, which assigned the point on the river, in latitude 41- 40' as the station point, petitioned the legislature to pass a law for the final settlement of the said line, either in aid of the act of' 1719, or by the a pointment of commissioners, out of the neighbouring province, for that purpose. This petition was referred to the succeeding Legislature. On the first : December following, Daniel Coxe, president of the board of western prisetors, re- quested leave, on their behalf, to bring in a bill for the appointment of com- missioners for the same purpose, suggesting the acquiescence of the eastern proprietors to the mode proposed, (which acquiescence the eastern proprie- tors deny). Leave was granted ; but the public commotions. which soon after took place, prevented the execution of the measure. In Unster, 1782, the application to the Legislature was renewed ,stating the objes: : [ the west- ern proprietors to be, "a recompense in value of lands, from the general stock of the eastern proprietors: for which purpose," they say. " they un- derstand and believe, it is generally known, that, certain lands. ezed Rama- poch, belonging to the general stock of the eastern proprietors. it -pecially excepted in all the warrants of the eastern proprietors, were articularly allotted as an equivalent, in case the event should take place .. va.ch hath since happened, of the station point being fixed farther castve: than was formerly expected." This allegation respecting the Ramapo :: ands, the eastern proprietors, scouted as too void of truth and foundation i. aced com- ment; and resisting the application to the Assembly, contended. ums the sub- ject was a private dispute between individuals, which should i terided by the courts of law or equity. The application of the western propretors was rejected by the Assembly, on a vote of twenty-one to eleven.
Lawrence's line is now acquiesced in, by the greater part a' northern Jersey; but is yet disputed in Monmouth county, and in the rain of the pines, where, under West Jersey rights, great destruction of tinner is com-
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mitted. These rights are sought; having, hitherto, been sold at a much less price than those of East Jersey. The line run by Lawrence, in Sussex county, fors the boundary between Byram and Greene, Newton and Greene, and Stillwater, and between Walpack and Sandistone townships; crossing the Delaware into Pennsylvania, about fifteen miles below the pre- sent northernmost point of the state, it strikes the Delaware again, in the state of New York, near thirty miles north of the mouth of the Mackhacka- mack .*
* The authorities on which the foregoing statement is made, are-1. The several deeds cited :- 2. The Act of Assembly, 1719 :- 3. The petitions of the respective parties in 1782 :- 4. The minutes in the land offices of East and West Jersey :- 5. Smith's History ; and-6. Circular of West Jersey proprietors, in 1795. The following statis- tical view is appended to the petition of the East Jersey proprietors, 1782.
1. The angle or gore of land which East Jersey lost in the controversy with New York, amounts to about 210,000 acres. The remaining quantity of land in New Jersey, being the whole amount of the state, is about 4,375,070 acres.
2. Therefore supposing a line was drawn, dividing the state into two equal half parts, and which would be the line of partition between East and West Jersey, each division would then contain about 2,187,985 acres.
3. Supposing Keith's line extended to Delaware river, to be the line of partition between East and West Jersey, the quantity of land in East Jersey would, then, be about 2,214,930 acres : the quantity in West Jersey 2,161,040 acres. And East Jersey would, then, contain 53,890 acres more than West Jersey.
4. Supposing Lawrence's line to be the line of partition, the quantity of land in West Jersey would, then, be about 2,689,680 acres : the quantity in East Jersey, 1,686,290 acres. And West Jersey would, then, contain 1,003,390 acres more than East Jersey.
5. Supposing a line to be drawn from the Mackhackamack, to the line of partition, the quantity of land in West Jersey would, then, be about 3,119,260 acres: the quan- tity in East Jersey, 1,256,710 acres. And West Jersey would, then, contain 1,862,550 acres more than East Jersey.
G. The angle or gore of land, between Keith's and Lawrence's line, contains about 523,610 acres. The angle or gore between Lawrence's line, and a line to be drawn from the Mackhackamack would contain about 429,580 acres.
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CHAPTER V.
Comprising the Administration of Lord Cornbury, I. Arrival of Lord Cornbury- Demands a large and permanent Salary-being refused, dissolves the House .- Il. A new Assembly chosen-Part of its Members arbitrarily excluded-Mea- 'sures of the Governor .-- III. Third Assembly convened-Determines to Petition the Queen, and to Remonstrate with the Governor-Public" Grievances-De- livery of the Remonstrance, by Samuel Jennings .- IV. Reply of the Governor .- V. Dispute on the Treasurer's Accounts .- VI. The Governor refuses the Mes- sage of the Assembly, which they enter upon their Minutes .- VII. The West Jersey Proprietors, in England, address a Memorial to the Commissioners of Trade and Plantations, against Cornbury-Address of the Lieutenant-Governor, and Provincial Council, to the Queen .- VIII. The Governor unable to obtain the gratification of his wishes, by the Assembly, first prorogues, and then dissolves them .-- IX. Offensive Conduct of Lord Cornbury, in his Government of New York-His Character .- X. Is reluctantly removed by Queen Anne- Imprisoned by his Creditors.
I. Lord Cornbury arrived in New Jersey, in August, 1703, and met the General Assembly, at Amboy, on the 10th of the succeeding November. The House prepared several bills, but passed, at this session, only, the act prohibiting the purchase of land from the Indians, by any person except the proprietarics. At the next session, holden at Burlington, in September, 1704, his lordship recommended to the Legislature, to ascertain by law, the rights of the general proprietors to the soil, and to establish some permanent fund, for the support of the government. A French privateer having committed depredations about Sandy Hook, he, thence, took occasion, also, to require a militia law, and the erection of a watch-tower, on the Nevisink Hills. All these measures were beset with difficulties. The people had been accus- tomed to pay, as they still are, small salaries to their officers, and were little disposed to gratify the wishes of his lordship, in this respect. Those who claimed lands under Indian grants, and held adversely to the proprietaries, resisted the attempt of the latter to confirm their rights. And every military effort was repugnant to the consciences of a large portion of the inhabitants. After a dilatory discussion of these embarrassing topics, the House proposed a revenue of thirteen hundred pomids, per annum, to endure for three years. But this sam, being far short of the governor's expectation, he requiring two thousand pounds, per annum, for a term of twenty years, was indignantly rejected; and in the hope of procuring an Assembly, more complaisant, he dissolved the present, and hastily commanded the election of another House.
II. The people, who, in the very wantonness of freedom, had involved themselves in contentions strife, discovered that they had exchanged king Log for king Stork. The precipitate and arbitrary measure of the governor was executed in the spirit with which it was conceived. By corrupt efforts, a House was obtained, with a large proportion, but not a majority, of the members devoted to the governor. To obtain the entire control of this body, his lordship resolved, by the advice of his counsellors, to exclude a portion of its members, under the false pretence, that they were not qualified by the requisite quantity of estate. As the representatives appeared before the governor to take the prescribed oaths, without which, they could not exercise their ofices, he refused to administer them to Thomas Gardiner, Thomas Lambert, and Joshua Wright, distinguished delegates from West
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Jersey, by whose exclusion, he obtained a majority of one, in the House. John Fretwell, of Burlington, was chosen speaker, by the casting vote of the clerk, who, though nominated by the governor, was admitted by the Assem- bly, to use the faculty of a member.
'The House, thus constituted, complimented his excellency, on conducting the affairs of his government, " with great diligence, and exquisite manage- ment, to the admiration of his friends, and the envy of his enemies;" and granted him a revenue for the support of government, of two thousand pounds, for two years; six hundred of which, were given to the lieutenant- governor, Colonel Ingoldsby. Several other acts were passed, among which, we find one of amnesty, for offences during the late unsettled state of the province, and another establishing a militia, which, by its unnecessary sevc- rity, gave much disquiet to the Quakers; but no effort was made to confirm the proprietary estates. Having obtained all that he immediately required, the governor adjourned the House, in December, to the succeeding year, with many encomiums on its conduct.
At the next session, however, his power over it had ceased. The rejected members, after eleven month's exclusion, were admitted to their seats; the governor having been forced, by very shame, to recognise their qualification; which the title deeds of their estates had long before confirmed, to every dis- passionate inquirer. But the most interesting object of his lordship, had been obtained by the settlement of the revenue, and he was content that the existing House should continue, though he could entertain little hope of service from it, either to himself or the province. It convened again in No- vember, 1705, and October, 1706, but did no business at either session .*
III. When the term of the revenue had expired, the convocation of the Assembly was indispensable for its renewal; but it was impracticable, by any means, to procure another House like to the last. Few of the members of that, which met at Burlington on the 5th of April, 1707, were favourably disposed to the governor. Its most active leaders, Samuel Jennings, the speaker, and Lewis Morris, who had been twice expelled the council, for his resistance to the governor's measures, were among the most respectable and influential inhabitants of the province, intimately acquainted with its interests, and altogether adequate to sustain them. The House, therefore, soon after it met, resolved itself into a committee of the whole, with a clerk of its own appointment, to consider of the public grievances; of which it de- termined to complain, by petition to the Queen, and remonstrance to the governor .*
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