The judicial and civil history of New Jersey

Front matter

UNIVERSITY

OF CALIFORNIA

LOS ANGELES

PART I. JUDICIAL AND CIVIL HISTORY. ciiai*ti:r I

First Discovery ; Sebastian Cabot; John Verrazzano; Stephen Gomez; Henry Hudson; Just's Journal ; Hudson's Explorations in Newark Bay and Hudson River; Claims tothe Country by the English and Dutch Settlers in New Jersey; Hergen County Settled by Hollanders; Dutch Names of Families; (irant to Sir Edmund IMoyden ; Dutch Settlements in Southern New Jersey; Grants of I^and in New Jerstv to Hollanders; Swedish Occupation of Southern New Jersey 1-13

Chapter II

(irant to the Duke of York by Charles H; Copy of Letters Patent Making the Grant; Attack on New Amsterdam by Col. Richard Nicolls; Attack on Southern Districts of New Jersey by Sir Robert Carre; Subjugation of New Netherlands by the English ; Terms Granted to the Dutch on the Surrender; Results of Rule by the Dutch; Grant of New Jersey to Berkeley and Carteret by the Duke of York; Copy of Release; Name of New Jersey — how Derived ; Lord Berkeley and Sir ( ieorge Carteret ; Discussion of Right of English King to Transfer Governmental Authority ; Distinction between the Letters Patent to York and the Relea.se by him to Berkeley and Carteret; Methods Adopted by the English Crown for Government of Colonies in America ; Grants and Concessions of Berkeley and Carteret 13-32

Chapter III

Grants and Concessions of the Lords Proprietors; Lord Baltimore and Maryland; Roger Williams and Rhode Island; Copy of Grants and Concessions; Elizabeth Town; Grants by Governor Nicolls of Land in New Jersey; Conditions of Legislative and Judicial Affairs in New Jersey; Settlement of vi CONTENTS.

Newark- Characteristics of its First Settlers; Fundamental Agreements:

^ ' 32-50

Chapter IV

Copy of Commission of Nicholls, as Governor; Effect of his Commission ; Proclamation by Nicholls ; Application by Six Inhabitants of Jamaica for Liberty to Buy Land upon which to Settle in New Jersey ; Terms of Proclamation Issued by Nicholls; Deed by Indian Sachems; Extract from Deed by Nicholls; Indian Title to John Baker and Others; Monmouth Grant or Patent; Copy of Monmouth Patent; Description of Country Conveyed by that Grant; Title to Lands in New Jersey; Indian Title; Dutch Title; Title from Governor Nicholls; Title from the Lords Proprietors; Crown Lands; Title from the King; Right of Sovereignty Claimed and Exercised by Lords Proprietors; Charles IPs new Grant to York; Lease and Release to Sir George Carteret for East Jersey; Directions, etc.. of Carteret; New Commission as Governor of East Jersey to Philip Carteret; Copy of Commission to Philip Carteret; Treatment of Indians by First Colonists of New Jersey; Deed of Berkeley to John Fenwick and by Fenwick to Penn and Others; Quintipartite Deed; Division into East Jersey and West Jersey; In New Grant Berkeley's Name not Mentioned, nor that of his Assignees; Deed to Fenwick Mentioned in Quintipartite Deed; Fenwick Cf»nveyed to William Penn and Others; Edward Billinge; Tripartite Deed Executed by John Fenwick, Edward Billinge, William Penn and Others; Tripartite Deed Vests East Jersey in Sir George Carteret and West Jersey in William Penn and his Associates; Some Landholders Deny the Title of Carteret and Penn; Question as to Berkeley's Title; Edmund Andross, Governor; Berkeley and Carteret Act in Concert; Charles II Recognizes Carteret's Title; Andross Issues Proclamation Affirming Prior Grants; Andross Claims Authority Over New Jersey, Imprisons John Fenwick and Arrests Governor Carteret; His Acts Repudiated by York; Condition of Titles to Land in New Jersey; Mode of Obtaining Title. •"•1-82

Chapter V

Legislation Vested in Governor and Council and Deputies; Freemen; General Assembly; Legislature, Two Bodies; Acts Must be Approved by Both Bodies; Gov. Carteret Published Proclamation for Meeting of Legislature; First Legislature Met May 20, 1668; Six Townships Represented; Bergen, its Settlement and History; Patroons; Patroon Van Rensselaer; Michael Paauw ; Harsimus ; Elizabeth Town; Augustine Heerman; Cornelius Werckhoven; Negotiations between Dutch and Puritans of New England; Robert Treat; Company of Royal Adventurers Trading with Africa; Robert Vauquellin; Four Families from Jamaica; Philip Carteret Governor of New Jersey; Carteret Acknowledges Title Granted by Gov. Nicholls; Carteret and his Immigrants did not Settle Elizabeth Town ; Associates of the Four

CONTENTS. vii

Families from Jamaica; Names of Associates; First Lot, Second Lot and Third Lot Rights; Town Meetinjjs; John <')gden, jr., Jacob Mollins, Deputies to First Legislature from Elizabeth Town ; Newark ; Division of Land in Newark; The Principal Streets; William Campe; Relation of the People of Newark to the Church ; Jasper Crane and Rt)bert Treat First Deputies from Newark to the Legislature; John Bailey, Daniel Denton, Luke Watson and their Associates; Daniel Pierce; Woodbridge; Piscataway; Conveyance to Daniel Pierce; John Bishop, Robert Dennis, Deputies from Woodbridge; Charter to Woodbridge; Piscataway; Second Baptist Church in New Jersey; Middletown ; Romantic Incident Connected with its Settlement; Legislation Exercised by the Patentees of the Monmouth Patent and Deputies Chosen by Middletown, Shrewsbury and Portland Poynt; First Legislature in New Jersey; James Grover, John Bound, Richard Hartsborne; Shrewsbury; Action of Middletown on Legislature which Met at Elizabeth Town May, 1G08; Delegates from Middletown and Shrewsbury Rtfuse to Tiike ihc ( );ith of Allegiance aiitl'are Dismissed 82-113

CHAPTKk \I.

Importance oi First Legislature; Characteristics of Deputies; Names and Sketches of the (lovernor's Council; Nicholas N'erlet, Dauiel Pierce, Robert B<)nd. Samuel Edsali.Ro])ert Vauquellinand William Pardon ; Sketch of James Bollen, Secretary of Council; Laws Passed liy the First Legislature; Number and Character of; Thirteen Crimes Punishable with Death; l)iscontent of Colonists; Governor Carteret Becomes Un]iopular; His Characteristics; Character of the Thirty Immigrants who came with Carteret; Carteret Claimed the Right to Make them "Freemen;" Grievance of Middletown and Shrewsbury; the Inhabitants of the Two Towns Attack the Legality of the Election of Deputies; Second Session of the Legislature; Names of Deputies; Continued in Session Four Days; Message fnjin Deputies to Governor and Council; Answer to the Message; (juarrel Between Governor and Colonists about Ouil Rent ; Discussion of Propriety of Objections to Payment; Newaik's Action; Carteret's Behavior and Action; Colonists Elect a Legislature, which Appoints James Carteret Governor; Philip Carteret goes to England; Settlements on East Bank of Delaware; Peter Jegon and F'abrus Cutout, Delegates from "Delaware River;" Legislature did not Convene for Seven Years; Members of Legislature in 1G75; Philip Carteret goes to England; Legislature of 1675 Passed Thirty-seven Acts; Thirty-seventh Act; Places of Meeting from 1675 to 1681 ; Oaths of " Fedility" and Allegiance; First Thanksgiving Day; Re enacting Laws Pa-ssed ; West New Jersey Proprietors Offer Terms to Immigrants; Concessions and Agreements; (Quakers in New Jersey; Governmental Authority to Proprietors of West Jersey; Commissioners and their Powers; No Oath Required from Officers or Witnesses; Indians Protected; Mi.xed Juries; Election of Legislators; Penalty for Bribery ; Liberty of Speech ; Power of Legislature; Equal Taxation ; Religious Tolerance; First Legislature of West Jersey; Edward viii CONTENTS.

Billinge; Fundamentals; Thomas Ollive; No Punishment for Capital Offences; No Specific Penalties for Certain Offences; Only one Specific Penalty; No Courts Created; Trial by Jury of Twelve Men; Commissioners to Sit with Jury; In Criminal Cases, Person Injured could Remit Punishment; Crimes Committed during former Government Remitted; Additions to Statutes; Land made Liable for Debts; Attachments: Security Required Before Arrest in Civil Cases; Conveyances of Estates of Married Women; Quotations from Statutes in Both Provinces; Records of Deeds and Other Documents; Comparison of Laws of Both Provinces; Act for "Establishing" Schoolmasters jn East Jersey 114-15G

CHAPTER VIT

York Claims Riglit to Impost Duties; Claim Resisic-ii; correspondence between York's Private Secretary and Andross; Commissioners of West Jersey Protest against York's Claim; The Duke Consults with Sir William Jones; Jones Decides against the Clami ; The Duke Directs Deed of Confirmation, or Release, to be Prepared; Deed Executed to William Penn and Associates, Releasing the Claim ; Condition of Affairs in New Jersey Prior to the Beginning of the Eighteenth Century; Weakness of Proprietary Government; The Earl of Perth and Lord Campbell; Written Protest of Commissioners against the Claim to Impost Duties; Inducements to the Proprietors to Surrender the Government; Negotiations for Surrender with William and Mary; " Memorial " from Proprietors of East Jersey to Council of Trade; Conditions upon Which Surrender Would be Made; Answer to "Memorial;" United Petiti<jn from Both Proprietors to the Lords Justices; Perth Amboy, Its Advantages as a Port of Entry; Reply of Pri>prietors to the Answer of Councilor Trade; Joint Memorial of Proprietors to King; Opinion of Board of Trade on the (Jucstion of Surrender; In 1702 Anne Becomes Oueen ; Surrender, 15th of April, 1702; Accepted by the Oueen; Cornbury Becomes Governor and the Two Provinces Consolidated ; Conse(juencesof Surrender; "Grants and Concessions " and "Concessions and Agreements " Cease to Have Any Force; " Iustructi<)ns" to Cornbury; Their Character; Quotations from Them; Comparison between "Instructions" and the "Grants and Concessions"; Sketch of Lord Cornbury; he is Removed in 1708 156-178

CHAPTER VIII.

Change of (lovcrnmcnt ; Only one Governor Prior to llie Divisiiui; I'niiip Carteret; Quarrel between Him and the Legislature: Robert Barclay, Governor; Sketch of; Thomas Rudyard Deputy; Sketch of ; Gawen Lawrie, Deputy, Sketch of; Lord Neill Campbell, Deputy; Lawrie and Rudyard Removed for Disobedience; Correction of Date of Barclay's Term ; Tatham and Dudley; Moneybaird's Eccentric Devise; Andrew Hamilton Substituied Deputy; Sketch of; Andross's Invasion ; His Arrest ; Question as to Legality

CONTENTS.

of Hamilton's Commission ; Removed; Jeremiah Basse; Sketch of; Andrew Bowne; Question as to Hamilton Decided in his Favor; Edward Billinge, Governorof West Jersey ; Samuel Jennings, Deputj'; Daniel Coxe, Governor of West Jersey: Sketch of; Andrew Hamilton Reinstated; Sketch of Daniel Coxe; Legislature of the Whole Province After the Surrender ; Cornbury, Governor; How Legislature Constituted ; Thomas Gardiner, Speaker; Legislature Demands Certain Rights; Speech of Cornbury; Law about Purchase of Land from Indians; Process of Enacting a Law; Laws Introduced; Richard Hartshorn's Right as Delegate. Challenged ; Journal of the Votes of the Legislature; Controversy between I egislature and Cornbury about Raising Money ; Cornbury Dissolves the Legislature; Cornbury Attempts to Control the Elections; L^nsuccessful ; The Right of Gardiner, Lambert and Wright to Sit as Delegates. Challenged; They were Rejected; After a Year's Time, Admitted; Qualifications of Voters; of Representatives; Servility of Legislature of 1704 to Governor; Change of Action of the Assembly; Legislature Refused to Raise any Money for Payment of Governor's Salary; Governor Prorogues the Legislature until 170G; During the Vacation, Discontent; Third Assembly Met April 5, 1707; Address of Governor; Assembly Considers Speech in Committee of the Whole; William Anderson, Clerk of the House, and the Assembly Quarrel; Legislature Unanimously Decide that Committee of the Whole has a Right to Select its Own Secretary; Cornbury Makes Another Speech; Assembly Stand Firm; Matter Referred to Governor; Anderson Discharged; Remonstrance Against Governor; Thirteen Grievances; Remonstrance Presented to Governor; Incidents Accompanying Presentation to the Governor; Answer of Governor; Peter Fauconnier, Receiver General; Legislature Require His Vouchers; Action of Legislature; Quarrel between Governor and Assembly Brought to the Attention of the Queen ; She Dismisses Cornbury ; Lewis Morris Rival Candidate for Governor with Cornbury ; Comparison of Proprietary and Royal Rule ; Lord Lovelace, Governor; Sketch of; Governors Address; Reply; Lieutenant- Governor Ingoldsby and Part of Council Write a Letter to the Queen ; First Issue of Pajjcr Currency; Legislature Adjourned to November, 1709; Lovelace Dies; Succeeded by Robert Hunter; Sketch of; Composition of Assembly: Parker Family; Answer to Governor's Speech; Representation by Counties Appears; Salem, Sketch of; Freehold, Sketch of; Burlington, Sketch of; Quakers not Permitted to Sit on Juries; Attempt of Legislature to Remedy this Evil; Council Reject the Law Passed for that Purpose; Action of the Legislature with Reference to the Letter from Ingoldsby and Council to Q)ueen ; Members of Council Who Signed Letter Expelled; Legislation of 1718; Slaves; White Servants; Ferry Across the Delaware at Burlington; Duty on Slaves; Conveyances of Land; Recording of Deeds; Quakers Permitted to Sit on Juries; George I Becomes King; Legislature of 1716 ;

Opposition to Hunter ; Daniel Coxe, Speaker ; Legislature Prorogued to May, 1716; Then only Nine Members Appeared; Four Brought in by Warrant; Speaker Coxe and Absentees Expelled; Some Re-elected, but Rejected: Legislature of 1717; Acts Appointing Commissioners to Define Boundary Line Between New Jersey and New York, and Division Line Be-

^ CONTENTS.

tween East and West Jersey; William Burnet, Governor: Sketch of; John Montgomerie, Governor; Lewis Morris. President of Councd. AcUng Governor- William Cosby, Governor; Question of Separation from New \ovk Advocated- John Anderson. Acting Governor; John Hamilton. Acting Governor- Separation of the Two Provinces; Lewis Morris. Governor of New Jersey- Sketch of - Morris's Administration ; Failure of Morris as Governor; John Hamilton. Acting Governor; Jonathan Belcher. Governor; His Administration- Influence of French War on the Colony; John Reading. Acting Governor; Francis Bernard. Governor; Josiah Hardy. Acting (.overnor; September 1T62. William Franklin Became (iovernor; Last Royal Governor; Troubles Between the Mother Country and the Colonies; Franklin s ^ Administration

CHAPTER IX.

Thirteen Counties in ITTU; First Mention ; Four County Courts; Four Counties in East Jersey Created in 1682.-Bergen. Essex. Middlesex and Monmouth; Boundary Lines; Counties Might be Divided into Townships; Defects in Description of Lines; Attempts to Remedy Defects; In 16U:J, Counties in East Jersey Divided into Townships; Somerset County. Boundary- of; Tenths; Representatives from, not from Counties; Officers Appointed for Tenths.' not for Counties; Courts at Burlington and Salem; Cape May. its Boundary, Change in ; Line Between Burlington and Gloucester Changed ; Burlington; Salem; Cape May; Bcninds of Bergen. Essex. Somerset. Middlesex Monmouth; Line Between Burlington and Gloucester; Assanpink, Pensauquin and Old Man's Creeks; Salem; Cape May; Jecak's or West Creek- Nine Counties in New Jersey at Time of the Surrender; Partition Lme Between East and West Jersey; Keith Line; Act of 1719 Providing for Running Partition Line; Lawrence Line; Suit Settling which the Proper Line; Cornelius vs. (iiberson ; Hunterdon; Hunterdon. Boundary of; Boundary Line Between Somerset. Middlesex and Monmouth; Morris County, Boundary of; Part of Essex Annexed to Somerset; Cumberland. Boundary of; Townships in Cumberland ; Somerset and Morris; Sussex County. Boundary of; Legislature Passes Act Allowing Counties to Change Their Boundary Lines; Electors in Morris, Cumberland and Sussex Allowed to Vote in their own County; Each Allowed Two Representatives; Thirteen Counties in New Jersey in 1776; Townships Made Corporations; Wards and Precincts; Boundary Lines of Essex. Middlesex. Monmouth. Salem. Cumberland; Cape May Defined; Warren. Bounds of; Camden. Bounds of; Ocean, Bounds of; N..w Twcnty-(me Counties in the State.. ..302-32

CHAPTER X.

Third Stage; Statehood; Different Parties; Titles of Acts, by Constitution, Required in the Name of the Colony, not of the State; This Title Never Used; Qualifications of Members of the Legislature; Provincial Congress Ap-

CONTENTS. xi

proves the Declaration of Independence; Title of Provincial Congress Changed: Perpetuates Itself ; A Committee of Safety; Recognized by the Legislature and Called Council of Safety; First Meeting of Council of Safety; First Assembly of New Jersey Under Constitution; Oaths of Abjuration and Allegiance; Three Legislative Bodies; Provision Made to Prevent Errors in Practice of the Courts; Deportment of Inhabitants in Their Changed Condition; First Legislation; Confiscation of Estates of Tories; Personal and Real Estate Sold; Change in the Laws of Descent; Court of Admiralty; Gift to Steuben; His Letter; William Livingston Elected Governor ; Sketch of His Lite 828-337

CHAPTER XI.

Radical Changes in Government by Constitution of 1776; the Council and Assembly; The Governor; No Essential Change in Selection of Judges; People Approved the Constitution; Second Meeting of the Legislature; Condition of Affairs in the Colonies at the Breaking out of the War; Jealousy of Smaller States Towards the Larger Ones; Continental Congress; Three Plans of Confederation; Franklin's Plan; Galloways's Plan ; Third Plan Adopted; Delegates from New Jersey; Crisis in Period from 1783 to 1788; Action of the Colonies During the War; the Articles of Confederation! Condition of Country at Close of the War; The Wyoming Catastrophe; Defects of the Articles; Washington's Anxiety ; His Action with Reference to a Federal Constitution; Constitutional Convention; Charactor of its Members; Three Parties in the Convention; Two Plans in the Convention, the Virginia and the New Jersey; Action of William Paterson in the Convention; Outline of the New Jersey Plan; Dissatisfaction with the Constitution; Washington Aids in its Adoption by the States; Finally Accepted; New Jersey's Action on the Constitution ; Convention Elected ; Its Action ; Amendments to the Constitution; Advantage of the Constitution to New Jersey; That Document an Evolution; Action of the Soldiers after Peace; Federalists and Democrats; List of (Jovernors from 177G to 1844 ..338-301

CHAPTER Xn.

Constitution of 1770 Lacking; Attempt made to Change, in 1790; In 1844, Act Passed to Elect Members to Convention to Prepare New Constitution ; Provisions of Act; Isaac H. Williamson, President; Alexander Wurts, Vice-President; Mr. Williamson Resigns ;Wurts Elected President; Convention finished its Labors June 29, 1844; Constitution Signed, Presented to the Governor, and Filed in Office of Secretary of State; People by Large Majority Ratified it; Changes in Government Created by New Constitution; Difficulty about Senatorial Districts; List of Governors Since 1844; Decision of the Courts as to the Constitutionality of System of Dividing States into Legislative ^'^tricts 36j_3g5 xii CONTENTS.

chaptp:r XIII

Courts of New Jersey not Established on any Systematic Plan until the 18th Century; Population, at first, not Homogeneous; Dutch, Norwegians, Puritans, English, Quakers, Swedes and a few Danes; Unsettled Character of the Province Prevented any System ; Settlers too Busy in Obtaining Subsistence; Courts not Needed; Division into Two Provinces Retarded Establishment of Courts; First Court at Bergen in 1661 ; Surrender of Government to Queen Anne had no Influence on this Court at Bergen ; Court at Newark Created by Town Meeting in January, 1660; Character of this Court; First Legislative Action about Courts in 1675; Local Court at Woodbridge in 1668; Governor Carteret sought Aicj from these Courts; Courts in Monmouth, in 1667 Created by Governor Nicholls, by Patent; Three kinds of Court Created by Legislature, in 1675; In 1682 Change Made; Courts of Small Causes; High Sheriff; Court of Cf)mniou Right; Comparison with Modern Courts; No Rules for fiuidance of Ancient Tribunals; Grand Jury; Courts of Sessions; In 169;i, Supreme Court of Appeals; Influence of Quakers on Character of Punishments; Contrast between Penal Code of West Jersey and that of East Jersey; Thirteen Crimes Punishable with Death in East Jersey; No Enactment in West Jersey Providing for Death Penalty; Influence of "Concessions and Agreements" on Courts in West Jersey; Court of Chancery; Constitution of 1776; Courts of Appeals under Constitution of 1776; Defects of this Court; Cornbury's Action Relative to Courts; Creation of County Circuit Courts; Good Results of these Courts; Pleading in the Courts; Styles of Action Changed; First Term of Supreme Court in the Colony; Roger Mompessou ; William Pinhorne; Thomas Gordon; David Jamison; William Trent; Robert Lettice Hooper; Thomas Farmar; Lewis Morris; Daniel Coxe; Robert Hunter Morris; William Aynsley; Nathaniel Jones; Richard Salter; Samuel Nevill ; Charles Read; Frederick Smyth; David Ogden ; Richard Stockton; David Brearley; Provincial Congress 1776; Rev. Jacob Green; Constitution of 1776; Samuel Tucker; John De Hart; Robert Morris; John Cleves Symmes; Isaac Smith; James Kinsey; John Chetwood; Elisha Boudinot; .vndrew Kirkpatrick; William S. Pennington; William Rossell ; Mahlon Dickerson ; Samuel L. Southard; Gabriel H. Ford; Charles Ewing; George K. Drake; Joseph C. Hornblower; John Moore White; Thomas C. Ryerson : William L. Dayton; Daniel Elmer; James S. Nevius; Ira C. Whitehead; Thomas P. Carpenter; Joseph F. Randolph; Henry W. Green; E. B. D. Ogden; Lucius Q. C. Elmer; Stacy G. Potts; Daniel Haines; Peter Vredenberg; Martin Ryerson; Edward W. Whelpley; William S. Clawson ; John Van Dyke; George H. Brown; George S. WoodhuU; Joel Parker; Mercer Beasley; Joseph D. Bedle; Van Cleve Dalrimple; David A. Depue; Bennet Van Syckel; Edward W. Scudder; Manning M. Knapp: Jonathan Dixon, jr. ; Alfred Reed; William J. Magie; Charles Garri.sou ; George C. Ludlow; Gilbert Collins..

365-49^

CONTENTS. x:ii

CHAPTER XIV.

COURT OF CHANCERY.

Court of Chancery; Discussion in 1709, as to this Court, in Governor's Council; Opinionsof Richard Stockton, David Ogden, C. J. Frederick Smj'th, Charles Reed and Samuel Smith. Three Opposed Court; Two Favored It; Court P2.xisted During and Since Cornburj-'s Time; Cornbury and other Governors Sworn in as Chancellors; Took Oath as Chancellors, or the General Oath to " Administer Justice Duly and Impartially ;'" Court at First Unpopular : Constitution of IT'iG Recognized Court ; Governor made Chancellor; Constitution of 1844 Made Chancellor Independent Officer; Change in Practice of Court as to Taking Testimony; Appointment of Vice-Chancellors; Names of Present Judges of Court; Sketches of Chancellors and Vice-Chancellors 497-527

Part II

inUO

Index

JUDICIARY AM) CIVIL HISTORY. 591-598

BIOGRAPHICAL REtilSTKR 599-611

PORTRAITS,

PART I.

Beasley, Mercer facing 80 Dixon, Jonathan facing 392

Bedle, Joseph D. facing 192 Dodd, Amzi .facing 400

Bird, John T facing 416 Emery, John R facing 424

Bradley, Joseph P facing 96 Fleming. James facing 304

Cannon. Garrit S facing 312 Frelinghuysen, Frederick T.. facing 200

Collins, Gilbert facing 464 Frelinginiysen, Theodore facing 128

Depue, David A facing 376 Garrison, Charles G facing 448

CONTENTS.

Green. Henry W... facing

Green, Robert S facing

Grey, Samuel H .facing

Griggs, John W facing

Halsey, George A facing

Hobart, Garret A facing

Hornblower, Joseph C facing

Hutchinson, Mahlon .facing

Joy, Edmund L facing

Keasbev, Anthony Q facing

Kirkpatrick, Andrew... facing

Kirkpatrick, Andrew facing

Knapp, Manning M facing

Lippincott, Job H facing

Ludlow, George C facing

McCarter, Thomas N facing

McGill. Alexander T facing

Magie, William J facing

Merritt, Ewan facing

Miller. Richard T facing

Nevius. Henrv M facing

48 Nixon. John T facing 176

216 Parker, Cortlandt facing 504

496 Parker. James facing 328

344 Parker, Joel .facing 168

320 Pitnev, Henrv C facing 408

352 Reed,' Alfred'. facing 440

32 Richey, A. G.. facing 280

296 Run von, Theodore facing 112

336 Scud'der, Edward W facing 184

240 Shipman, Jehiel G facing 272

16 Sims, Clifford Stanley facing 264

472 Thompson, David facing 248

232 Van Fleet, Abram V facing 224

432 Van Syckel, Bennet facing 384

456 Voorhees, Peter L facing 256

512 Vrcdenburgh, Peter facing 160

360 Vroom, Peter D facing 144

368 Whelplev. Edward W facing 64

2S8 Whitehead. John frontispiece

480 Woodhull. (ieorge S facing 208

PART II.

Angle, (ieorge A facing 6

Applegate, John S facing 12

Habbitl, Robert O facing 18

lUinta, William S facing 24

Hartine. John D facing 30

Bedle, Joseph D.,.. facing 36

Beldon, Samuel W facing 42

Bergen. James J facing 48

Borton, Joshua E facing 54

Burnham. Frederick G facing «!(»

Carrovv, Howard facing 66

Clymer, Robert S facing 72

Cole, Clarence L facing 78

Conover. J. Clarence ..facing 84

Coult. Joseph facing 90

Cutler. Willard W facing 96

Cutter, Ephraim facing 102

Douglass, Harry S facing 108

Dudlev, Edward facing 114

Duran'd, James H facing 120

Emlev, Eugene facing 126

Endicott, Allen B facing 132

English, James R facing 138

Fielder, George B facing 144

Flanders. Howard facing 150

Fuller, Charles W facing 156

Gangewer. Allen H. facing 162

Garretson. Abram O. facing 168

Gaskill, Joseph H. .~. facing 174

Hamill. Hugh H. ... facing 180

llarned, Thomas B. facing 186

Harris, Henry S facing 192

Havhurst. Walter F facing

Heiidrickson. Charles E. facing

Hilliard. William T. facing

Hoagland. James R facing

Hopper. John facing

Hugg, Alfred facing

Huston. Henry facing

JetTery. Oscar'. facing

Jessup. John S facing

Johnson, John L facing

lohnson, William M facing

Johnston. Aaron E facing

Kavs, Thomas facing

Kcan, John facing

Lewis, William A facing

Lowthorp, Francis C facing

McGee. Flavel facing

Merritt, Charles Ewan facing

Middleton, Thomas W facing

Mills. Alfred facing

Morgan, J. Willard facing

Newcomb, Leverett facing

( )lds. Franklin M facing

Pancoast. David J facing

Patterson. C. Ewing facing

Rabe, Rudolph F facing

Reed. Charles A facing

Revnolds, ( ieorge facing

Ro'maine, Isaac. facing

Rosebcrrv, Joseph M facing

Rusliug, 'James F facing

Russ, Edward ...facing

CONTENTS.

Salmon. Joshua S facing- 390

bchenck, Abraham V facing ;J90

Schenck, Samuel M facing 40''

Scott. Francis facinl 408

Shipman. George M facing 414

Shreve. Benjamin D facing 420

Simonson, Theodore facing 4''G

Sinnickson. Clement H.. facing 43'>

Skillman, Charles A facing 438

Smith. Abel I facinl 444

Smith, l-ord D ..facinj450

Stephany. August facing 456

Strong. Alan H facing 464

Strong. Woodbridge facing 47"

Stuhr, William S. . . . facincr 4sn

Terhune.W,,,iamL..:::::::.f'jSn|4l8 Thonipson, Joseph f acinS 496 ruttle.Hobart...^.. facinj 512

ig ig

Whees. John S. facing 552

\ reeland John R. facinf 560

\ room Garret D. W facinj 568

Wn,?'"'wy.^ facinl 576

\\illiams, Washington B facing 584

THE JUDICIAL AND CIVIL HISTORY

OF

New Jersey.

Chapter 1

F'irst Discovery; Sebastian Cabot; John \'errazzano; Stephen Gomez; Henrj' Hudson; Just's Journal; Hudson's Explorations in Newark Bay and Hudson River; Claims to the Country by the English and Dutch Settlers in New Jersey; Bergen County Settled by Hollanders; Dutch Names of Families; Grant to Sir Edmund Ployden ; Dutch Settlements in Southern New Jersey ; Grants of Land in New Jersey to Hollanders; Swedish Occupation of Southern New Jersey.

It is extremely dirticiilt io determine who was the first European to put his foot upon the soil of New Jersey. Six years after the discovery of America by Christopher Columbus, Sebastian Cabot, a Venetian sailor, but then in the service of Henry VH, the king- of England, coasted along the eastern shore of the North American continent, in the latitude of New Jersey. Whether he explored any part of the land along which he sailed until he reached the vicinity of New York Bay, or whether he went on shore at all, does not appear. He had, prior to that time, visited Labrador, discovered New Foundland, and had sailed southward as far, it is believed, as Cai)e Florida, but he made no settlement; he made occasional landings, but exactly where cannot be determined, and he took possession of the country in the name of the English king.

Five years later John Verrazzano, sailing in a French ship, in the service of Francis I, king of France, visited the same part of the continent. He made a landing, the exact location of which cannot now be ascertained, and reported of hi.'? yoyage, somewhat in detail, to his I royal master, the French king; among other matters, sending him an account of this visit to the shore. He did not, however, give any landmark to aid in the discovery of the precise spot where he landed, except that he spoke of steep hills; of a river; and told how the tide rose eight feet in this river. He also wrote of st>me inhabitants he saw there, described their clothing, and praised their friendly manner and hospitality. Verrazzano's description is so very vague and uncertain that no dependence can be placed upon it for the purpose of ascertaining whether the spot he thus visited was in New jersey. It is, in fact, very doubtful whether it was.

In Ify'l-i .Stephen Gomez, a Spaniard, sailing in a Spanish vessel, reached the same shcjres. He was engaged about a year in this enter- ])rise, but it is nowhere recorded that he accomplished anything more than simply sailing along the eastern coast of America.

No settlement was made by either of these navigators, nor was there any attempt to disctjver the resources of the country. Nearly a century elapsed before any further efforts were made, even tt) explore this new c(;ntinent.

In HiOl) Henry Hudson, an ICnglishman and an experienced sailor, then in the service of the Dutch East India Company, sailed from I^>uro])c tinvards the west with the expectation that he could pass through America and thus reach the Indies. Late in the month of August he entered Delaware Hay, but did not proceed far in that direction, as he found that body of water difficult to navigate. He left the ba\-, therefore, and directed his course northward, along the eastern coast of New Jersey and, on the :Jd of September, in the afternoon of a Thursday, dropped anchor near Sandy Hook. He spent a few days after his arrival in exploring the country and made his way a short distance into what is now a part of Monmouth county. There can be no doubt that this is the locality he reached. A journal of the voyage has been published in the printed proceedings of the New York Historical Society which fully establishes this fact. This journal was kept by Hudson's mate, a man named Just. He then seemed to have directed his attention to another part of New Jersey, where he encountered some opposition from the natives. A boat load of his men were intercepted, as they returned to the ship, by two canoes, one having twelve and the other fourteen men on board. In the encounter which ensued, a seaman named Coleman was shot in the neck by an arrow, and was killed, and another sailor was wounded. The treatment which his men received on this second exploring visit was so entirely different from that extended by the aborigines on his first, that curiosity is excited to learn the reason of the change. At the first visit they were received with all kindness, gifts were offered to them ; what in Just's journal was called "green tobacco" and "dried currants," probably preserved whortleberries, were among these gifts. No reason is given in the account for the change and, at this late day, none can be learned.

There is no doubt from the description given in the journal, that this second visit of Hudson's men was made somewhere in the neigh- Ijorhood of the strait dividing Long Island from Staten Island, and now called the ''Narrows." It is almost certain that they reached Newark Hay. just says in his journal that they arrived at "a narrow river to the westward ])etween tw(» islands, so thcyiccnt in two leagms and saw an open sea and returned. " The "narrow river to the westward " may have been, in all jjrobability was, the Kills, and the "open sea" Newark Bay.

Hudson abandoned any further exploration of the countrv and proceeded up the river, to which his name was given. He .sailed, undoubtedly, as far as the spot now occupied by the city of Hudson and anchoring his vessel there, sent a boat and some sailors to what is now Albany. He reached Hud.son some time between the 12th of September, the day on which he entered the river, and the 4th of October, when he came out of the river into New York Ray and started on his return to Euroi)e. So, to this intrepid man, as the records now stand, must be awarded the honor of being the first Eurojjean who landed on New Jersey soil. On his return home some mutinous ?>nglish seamen ()bligcd him to anchor near Dartmouth, from whence the news was .sent to James I of iMigland of the discoveries made by Hudson. This monarch, whose dislike and jealousy of Holland often overpowered what little judgment he j^ossessed, led him to the commission of many acts of injustice and folly and to overlook his own real interests, detained Hudson and his \essel in England. They were, however, afterwards released and Hudson and his vessel, known as the Half Moon, returned tf) Holland. The fate cf this enterprising man was horrible. The next year after his return he entered into the English service and sailed for the northern seas. He reached Greenland in June, made his way to the straits known by his name and through them into the great bay also called after him. Although not well provided with food, he determined to remain in that inhospitable region through the inclement