USA > New Jersey > Essex County > Newark > The history of Newark, New Jersey : being a narrative of its rise and progress, from the settlement in May, 1666, by emigrants from Connecticut to the present time, including a sketch of the press of Newark, from 1791 to 1878 > Part 2
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8
ENGLISH HISTORY RECALLED.
town," (which dates its regular settlement some twenty months prior to that of Newark,) is a matter fairly open to question. The one fact established is that a meeting was held somewhere at or near Newark on the date given by the first settlers, and that gives reasonable cause to put faith in the tradition that Newark, so to speak, was probably born on or about the 17th.
Turning from the field of doubt, we resume our inspiriting walk through the field of unquestioned fact, and proceed to consider the causes leading to the exodus from Connecticut and the settlement of Newark, in May, 1666. Imprimis, it is essential to a full and proper understanding of what follows, that a few leading points in English history be recalled.
It was just half a dozen years prior to the date given, that the restoration of the second Charles to the English throne took place. The sweep of the great tidal wave of popular rights and liberties which bore to immortal fame the name of John Hampden, the proto-Washington ; which placed in a most prominent niche of English history one of its most remarkable characters, Oliver Cromwell ; which drove the tyrant Charles I. to the scaffold ; which proved to the world then and to all succeeding ages that the "divine right " of kings was and is a myth; and which in acts, if not in words, proclaimed nearly a century and a half earlier than the Declaration of Independence at Philadelphia, that "all men are created free and equal"-kings and princes no more, no less, than peasants and peoples, and that among their inalienable rights endowed of God, were and are "life, liberty and the pursuit of happiness ; " -- all this was fresh in the minds and recollection of the Puritan settlers, just as it is in the mind of all America to-day. It is most forcibly suggested by Mr. Whitehead, in his bi-centennial memoir, as an evidence of the strong root republican ideas had taken among the Connecticut Colonists, that among them the regicides, Whalley and Goffe, sought and found a sure, safe and kindly refuge.
At the period under immediate consideration, Connecticut was divided into two Colonies-Connecticut and New Haven. Within the limits of the latter, the less prosperous of the two, were New Haven (proper), Milford, Branford, Guilford and Stamford. The restoration of kingly rule in the mother country, together with the unification of the two Colonies under royal charter, caused a most
9
THE INITIAL STEP.
disturbing effect on the Colonists, at least on a considerable portion, especially as the charter was obtained without their knowledge and in opposition to their wishes. With reluctance they brought them- selves to formally acknowledge the sovereignty of Charles II., but still there were grave fears that his rule would be productive of bitterly distasteful fruits. Although Charles was formally acknowl- edged King by the Colonists, the fact is beyond controversy that republican ideas, but above all sentiments of uncontrolled liberty of conscience, were strongly rooted amongst them. Some, however, thought it more prudent to bear the ills they had than fly to others they knew not of, but a minority considered it probable that existing ills would be increased rather than diminished as the reign of Charles progressed, and that the better and surer plan would be to find, if possible, some place more congenial to the enjoyment of the fullest liberty of act and conscience.
Therefore it was that scarcely before the ink was dry, certifying the allegiance of the Colonists to the English King, the leading spirits of the New Haven Colony began to think of looking for some new abiding place, where they would not be ruled in their civil and religious functions contrary to their customs, desires and aspirations. No inconsiderable spur was given to such thoughts by the domineering and arbitrary attitude assumed by the reconciled royal charterists towards the outspoken New Haven unreconciled minority. This gave quickening and shape to the transplanting idea; may be said, indeed, to have decided the question of establishing elsewhere a new settlement.
It is on record that, as early as November, 1661, the initial step was taken in this direction. Despite the strong feeling of antipathy, the outgrowth of commercial jealousy, which existed between the English and Dutch at that period, it appears the first thoughts of the New Haven leaders were directed to the seeking of a more agreeable and liberal haven under the tri-color of Holland, within the borders of the country occupied by the Dutch. This initial step was the approach by letter of Deputy-Governor Matthew Gilbert, of New Haven, to Governor Petrus Stuyvesant, of New Amsterdam, which letter set forth that " a Companie of Considerable that came into N. E. that they might serve God wth a pure conscience and enjoy such liberties and privileges both Ciuill and Ecclesiasticall as might best advantage unto and strengthen them "
IO
" THE CONCESSIONS."
were, with their "posterities," of whom the Lord had blessed them with great numbers, "desirous to p'vide " for "their outward comfortable subsistence and their souls' welfare," and announcing that they had appointed a committee of four of their trustiest men to proceed to New Amsterdam and confer with Governor Stuyvesant relative to terms upon which they might "begin to plant." At the head of this committee was ROBERT TREAT, a forefather of Newark, whose memory richly deserves to be forever kept green in the loving and grateful recollection of Newark citizens. This committee, which was officially endorsed as a quartette of "true men and noe spies," visited Governor Stuyvesant in due time and received his answer to certain propositions forwarded by the New Havenites, embracing the principles upon which they expected to achieve success in the proposed new settlement, the same providing most fully for the enjoyment of " liberties and priviledges both Ciuill and Ecclesiasticall"-the latter "in the Congregational way." It may be here added that the propositions provided for a nearly complete self-government, an embryo republic in fact, though not in name. The answer treated the propositions in the main most favorably. The negotiation with Governor Stuyvesant was continued for several years at long intervals, but never came to a head, at least under his New Amsterdam rule.
While the New Haven people were procrastinating with Stuy- vesant, and getting more and more out of favor with the Connecticut majority, measures were planned in England, and carried out in the New World, which brought things to a climax among the Colonists of Milford and adjacent places.
In March, 1664, Charles, of England, granted to his brother James, Duke of York and Albany, a royal charter for certain lands, now embracing New York and New Jersey. The next month a small fleet was dispatched to dispossess the Dutch at New Amsterdam. In the latter part of August, the same year, this fleet, commanded by Colonel Richard Nicolls, who had already been appointed Governor of the province by the Duke, arrived at New Amsterdam. The Dutch surrendered without any serious resistance, being totally unprepared to stand a siege, and New Amsterdam became New York. Meanwhile, some months prior to the Dutch surrender, the Duke of York transferred to Lord John Berkeley and Sir George Carteret, two English courtiers, that portion of land
II
GOVERNOR CARTERET'S ARRIVAL.
which now constitutes the goodly State of New Jersey. Immedi- ately upon their acquisition of title, these "Lords Proprietors " signed a constitution, which they made public under the title of " THE CONCESSIONS AND AGREEMENT OF THE LORDS PROPRIE- TORS OF NOVA CAESAREA OR NEW JERSEY, to and with all and every of the adventurers and all such as shall settle and plant there." In this document the courtier-owners of New Jersey builded better than they knew or dreamt of; for, as the author of " East Jersey under the Proprietors " remarks most justly, it contains " the germ of those republican principles for which the State has ever been distinguished and of many of the institutions which exist at the present time."
"The Concessions" formed a guarantee of liberal encouragement to those disposed to become settlers. They guaranteed the fullest liberty of conscience, provided this liberty was not used "to licentiousness, to the civil injury, or outward disturbance of others;" also the right to choose an assembly of twelve representatives, and, through that assembly, to secure regular taxation, laws for the gov- ernment of the province, the creation of ports, building of forts, raising of militia, suppression of rebellion, making of war, naturali- zation of strangers, and the apportionment of land to settlers. In the event of disagreement or dissatisfaction with the conduct of the Governor or Council the right was vested in the freemen to complain directly to the Lords Proprietors through the assembly. The Lords were authorized to appoint as many clergymen as seemed fitting to them and to provide for their maintenance ; the privilege being guaranteed at the same time to any person or persons to maintain themselves such clergymen as they might prefer. The Concessions included many other liberal offers and guarantees, the whole covering a roll of parchment some nine feet long, now in possession of the New Jersey Historical Society.
On the very day this document was signed by Berkeley and Carteret, a cousin of the latter, Philip Carteret, was commissioned in England the Governor of New Jersey. Hither he sailed in the good ship "Philip," accompanied by some thirty persons, and arrived off Elizabethport in August. There he landed and named the place of his settlement Elizabeth, after Sir George's wife, not after " good Queen Bess " as has been erroneously supposed. He found there already settled some four families, holding authority from
1
I2
THE DECISIVE MOMENT.
Colonel Nicolls, the agent of the Duke of York-the transfer of New Jersey having been made subsequent to Nicolls' departure from England, he being therefore ignorant of such transfer. As will subsequently appear, this matter, trivial in itself, proved after- wards a veritable mustard seed of dissension and tedious litigation ..
Here we resume the narrative proper of Newark. Without delay upon his arrival, Governor Carteret dispatched messengers to New England to publish the Concessions and induce planters to come and settle in New Jersey. These messengers found, as might be expected, willing ears among the men of Milford. The salubrity of the climate, fertility of the soil and excellence generally of the country were duly advertised after the fashion of the time, and the result was the appointment by the Milford men of a committee to visit New Jersey, verify the representations and report thereon. This committee, at the head of which was Robert Treat, proceeded to spy out the land. They first, it seems, turned their footsteps towards a point which is now occupied by the lovely town of Bur- lington ; but were not pleased, and so they returned and conferred with Governor Carteret at Elizabeth. He urged upon them the selection of a site on the Passaic river. They so agreed, and, after a personal examination, returned to Connecticut and reported favorably on a forward movement.
Now came the decisive moment, the casting of the die. Now came the day, the hour for action-for sundering of friendships, ties, associations-all those growths, affiliations and surroundings of life-long location-of birth, of marrying and intermarrying, and of social and business intercourse. Despite the powerful incentives impelling a complete change of base and living operations, it must have required the courage of stout hearts and strong heads to tear up the roots of a generation or more and move off anew into the unknown and untried wilderness, there to begin again the battle of life-and all, or nearly all, for a matter of conscience sake. But the men of 1666, like those of 1776, were men indeed, fit stuff for pioneers, paviors on life's roadway for their own and the welfare of future generations. And so, as has already been stated, these noble sons of not more noble sires came and saw and conquered the difficulties thrown in their way by hostile circumstances.
In the spring of 1666 the men of Milford moved, to the number of some thirty persons. According to tradition the first of the
1
I3
JOSIAH WARD'S GALLANTRY.
Milfordites to set foot on Newark shore was Elizabeth Swaine, a fair young girl in her nineteenth year, the daughter of Captain Samuel Swaine, and the affianced bride of Josiah Ward, whose. · gallantry secured for her the honor of first landing-so that woman's proper rights to positions of honor and distinction in Newark are not the growth of yesterday. Ere the emigrants had completed their landing unexpected opposition came up. The Indians appeared and warned them off, declaring that they had not yet renounced their ownership of the soil. This caused some delay, but an interview with Governor Carteret, and a conference with Perro, the representative of Oraton, the aged chief of the Hackensack Indians, removed the difficulty, and the settlement was fully effected. It seems that in the original agreement with the Governor a clear title was to be given the settlers to the land; that the Indian claim was to be satisfied by the Governor. Through Treat's omission to present a letter from the Governor to the Indian Chief, this was not secured ; hence the temporary interference.
To the high credit of the forefathers of Newark, and as strong proof of their innate love of honor, justice and fair dealing, be it said that they of their own resources fully satisfied the demands of the Indians. They purchased a title to the land direct from the aboriginal owners. The negotiators for the settlers were, in the first stages of the negotiations, Captain Treat and Samuel Edsal, and, in the final settlement, Obadiah Bruen, Michah Tompkins, John Brown and Robert Denison; those for the Indians being, Wapa- muck, Harish, Captamin, Sessom, Mamustome, Peter, Wamesane, Weckaprokikan, Cacknakque and Parawæ. John Capteen, a Hol- lander, acted as interpreter. The witnesses to the bill of sale, which bears date of July 11th, 1667, were Samuel Edsal, Edward Burrowes, Richard Fletcher (whites), and Classe and Pierwine (Indians). The reader who realizes how valuable every inch of ground within the city limits is in our day will, doubtless, be sur- prised to learn that all this vast extent of city territory and most of what is now the county of Essex cost the settlers goods valued at, as Gordon estimates, about £130 or, say, $750 in United States money. The territory extended to the top of Watchung Mountain, " about seven or eight miles from Pesayak Towne." The consider -. ation given the Indians was "fifty double hands of powder, one hundred bars of lead, twenty axes, twenty coates, ten guns, twenty
14
THE INDIAN LAND-TITLES.
pistols, ten swords, ten kettles, four blankets, four barrels of beer, two pair of breeathes, fifty knives, twenty hoes, eight hundred and fifty fathoms of wampum, two ankers of liquor (say 32 gallons), or something equivalent, and three troopers' coates."
In this connection the following transcripts from the oft quoted Long Bill in Chancery (No. 9, page 177), are interesting and sug- gestive :
ROBERT TREAT'S TESTIMONY.
The testimony of Mr. Robert Treat, of Milford, in New England, aged about sixty-four years ; being one of the company that first settled at Newark; upon discourse and treatise with the Governor, Capt. Philip Carteret, Esq. I expected that the said Governor would have cleared the plantation from all claims and incumbrances, and given quiet possession which he promised that he would do. But no sooner was the company present, got on the place and landed some of their goods, I with others was by some Hackensack Indians warned off the ground, and seem'd troubled and angry that we landed [any] of our goods there, tho' first we told them we had the Governor's order; but they replied, the land was theirs, and it was unpurchased; and thereupon we put our goods on board the vessels again, and acquainted the Governor with the matter, and he could not say it was bought of them Indians, and I with most of the company were minded to depart ; but the said Governor with other gentlemen were loth to let us go, and advised and encouraged us to go to the Indians, and directed us to one John Capteen, as I think he called him, a Dutch Man, that was a good Indian interpreter, to go with us ; and I with some others and said John Capteen, went up to Hackensack to treat with the Saga . .. . and other Indian proprietors of the land lying on the west of Pasaick river, about purchasing of said lands, and one Perro laid Claim to the said Pasaick lands, which is now called Newark ; and the result of our Treaty was that we obtained of a Body of said Indians to give us a Meeting at Pasaick ; and soon after they came all the Proprietors, viz : Perro, and his kindred, with the Sagamores that were able to travel; Oraton being very old, but approved of Perro's acting; and then we acted by the Advice, Order and Approbation of the said Governor, (who was troubled for our sakes), and also of our interpreter, (viz : Mr. Edsal ), the said Governor approving of them, and was willing and approved that we should purchase a Tract of Land for a Township. And at that Meeting with the Indian Proprietors, we did agree and bargain with the said Indians for a Tract of the said Land on the west of Pasaick River to a place called the Head of the Cove, by the said Governor's Order and Allowance, and upon information thereof seemed glad of it; and I with others solicited the Governor to pay for our purchase to the Indians ; which he refused and would not disburse any Thing unless I would Reimburse him again ; and a Bill of Sale was made, wherein the purchase of said Land will at large appear. And I can and do testify, that the said Indians were duly paid for it, according to Bill wherein we became debtors to the Indians, and not the Governor as I judge; and if any Deed or former Purchase could have been found or made to appear to us in the Day of it, we should not have given ourselves that Trouble and charge; and Perro affirmed that he had not sold his Land to any before this time ; and not long after, by a Committee from each Town, the Bounds was first settled between the two Towns at the Head of the Cove.
Col. Robert Treat personally appeared before me and gave in his testimony upon oath to the Truths of the above said Testimony.
March 13, '87, '88.
RIC. BRYAN.
SAMUEL EDSALL'S AFFIDAVIT.
These may Certify whom it may concern, That in the Year of our Lord 1666, or thereabouts, by Order of Governor Philip Carteret, and upon the Request of Inhabitants of Newark, I did for them purchase from the Hackinsack Indians, a Parcel of Land lying and being on the west
I 5
EXTENDING THE TOWN LIMITS.
side of the Kill Van Coll, beginning at the Mouth of a certain Creek named Waweayack, upon the Bay Side ; and from thence running up the said Creek to the Head of a Cove, and from thence westward to the foot of the Mountain called by the Indians Watchung; thence running along the said foot of the Mountain, until it meets by an East Line unto a small River coming from the Hills into Pasaick River named Fantacack ; from thence running down Pasaick River and Arthur Cull Bay till it meets with the mouth of Waweayack as above said. I do further Certify, That I was employed by Governor Stuyvesand to go to Hackinsack with his Secretary Van Ruyven, to purchase all the Land on the West side of Hackinsack River, from above the Hackinsack Fort till we came so low as Workhoven's Purchase, where the Sackamaker of Staten Island met us with the Hackinsack Indians; and did declare that the right of the Hackinsack Indians did reach so far as the Point now called Thomas Young's Point, and all the Land below that to the Raritan River he had sold to Workhoven. I do further certify, that upon claim of an Indian named Brandgat I did purchase for Eliz. Town Inhabitants, that Tract of Land running Westward from Thomas Youngs' Point, along Bracket's Brook, and from thence Northerly to the head of the Cove called Waweayack.
Whereas you desire to know how many of the Indians are living mentioned in your Purchase ; I cannot inform you, having not seen any of them a long time. This is the substance of what I can testify ; as Witness my Hand this 5th day of March, 1687, 8.
SAMUEL EDSALL.
Furat Coram me, Isaac Kingsland.
March 13th, 1678, eleven years later, the town limits were ex- tended west to the top of the mountain by a deed from two other Indians, the price paid for the extension being "two Guns, three Coates, and thirteen horns (cans) of Rum." Here is the official document in full describing this latter purchase, copied from the official record at Perth Amboy under this heading :
"Indian deed of sale and confirmation to the Town of Newark. Entered 18th of March (E. J. records, Lib. I, vol. 107.")
" Whereas, in the original deed of sale made by the Indians to the inhabitants of the town of Newark, bearing date the eleventh day of July, 1667, it is said, to the foot of the Great Mountain, called Watchung, alias Atchunk, wee, Winocksop and Shenocktor, Indians and owners of the said Great Mountaine, for and in consideration of two Guns, three Coates, and thirteen horns of Rum, to us in hand paid, the receipt whereof wee doo hereby acknowledge, doo covenant and declare to and with John Ward and Mr. Thomas Johnson, Justices of the peace of the said town of Newark, before the Right Hon'ble Philip Carteret, Esq., Governor of the Province of New Jersey, and the other witnesses here under-written, that it is meane, agreed, and intended that their bounds shall reach or goe to the top of the said great Mountaine, and that wec the said Indians will marke out the same to remaine to them the said inhabitants of Newark, their heires or Assigns for ever. In witness whereof wee the s'd Indians have here- unto sett our hands and seales the 13th of March, 1667.8.
WINOCKSOP X his mark (sigil) SHENOCKTOR X his mark (sigil)
Signed, sealed and delivered in the presence of
JAMES BOLLEN, Secretary, HENDRICK DROGESTRADT SAMUEL HARRISON
This acknowledged before me the day and year above written.
PH. CARTERETT."
Almost, if not quite, as soon as the Milford emigrants had settled themselves and their goods on shore, an agreement was entered into
16
THE FIRST TOWN CHARTER.
between Captain Treat for the Milford people, and Samuel Swaine for the people of Branford and Guilford, looking to the early coming of a considerable number of the latter, the united Colonists to be settlers on an equal footing. This agreement, which is still preserved among the Town Records, sets forth the " desire" of the Colonists "to be of one heart and consent, through God's blessing, with one hand they may endeavor the carrying on of spiritual concernments as also of spiritual affairs, according to God and a godly government." It bears date, as by Swaine's signature, of May 24th, 1666, thus giving assurance that the date of the landing must be about as already stated. Pursuant to the agreement signed by Treat and Swaine on behalf of their respective townsfolk, twenty-three heads of Branford families signified their willingness to form the Town union proposed. They accordingly signed the following document, copied from the Town Records :
At a meeting Touching the Intended design of many of the inhabitants of Branford, the following was subscribed :-
Deut. 1 : 13 Ist. That none shall be admitted freemen or free Burgesses within our
Exod. 18: 21 Town upon Passaick River, in the Province of New Jersey, but such
Deut. 17: 15 Planters as are members of some or other of the congregational churches Nor shall any But such be chosen to any Magistracy or to Carry on any part of said Civil Judicature, or as deputies or assistants to have power to Vote In establishing Laws, and making Ferem. 30:21 or Repealing them, or to any Chief Military Trust or Office. Nor shall any But such Church Members have any Vote in any such election ; Tho' all others admitted to Be planters have Right to their proper Inheritance, and do and shall enjoy all other Civil Liberties and Privileges, according to all Laws, Orders Grants which are or hereafter shall be made for this town.
2d. We shall with Care and Diligence provide for the maintenance of the purity of Religion professed in the Congregational Churches. Whereunto subscribed the Inhabitants of Branford-
JASPER CRANE,
RICHARD HARRISON,
ABRA. PIERSON,
EBENEZER CAMFIELD,
SAM'L SWAINE,
JOHN WARD, SENIOR,
LAURANCE WARD,
ED. BALL,
THOMAS BLATCHLY,
JOHN HARRISON,
SAMUEL PLUM,
JOHN CRANE,
JOSIAH WARD,
THOS. HUNTINGTON,
SAMUEL ROSE,
DELIVERED CRANE,
THOMAS PIERSON,
AARON BLATCHLY,
JOHN WARD,
RICHARD LAURANCE,
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