James P Snell.

History of Sussex and Warren counties, New Jersey : online

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onto the laid William Pcnn, n I iwrli , and Nl

liettor to enable them, In nudum i with the -.ni Edward Byllynge, to

make parUllou ..i ti utlre provl

(ait. -nt.

"That William Ponn, Gnwou Lawrle, Nicholas Lui is, and Edward

Byllynge, being thus ~.i/.-l..r Lord Berkley's undivided i ty.oi in.ir

part, entered ill went with Sir G go Carteret fui tho peril.

Iluu of the wholo tract, aud accordingly a division waa made ami .-. Hue
of partition settled by an in irtlte, dated tho 1

1676, by which .1 1 the parties thereunto after expressly dei laring that

the said tract granted as aforesaid by the Dnko ol I irk, extends t.. the
Northward as far as the Norlhennosl brauch of tlie bay rer Dela-
ware, which U in 41 dograee aud HI liin.nl. . I.im.ii...

thai the Ii i partitl in shall t- a iti dghl ii lown from Ilia im-t

Northerly point, or bonndary, on Delaware, of the said tracl granted as



tn the must Southwardly point oi I Little Egg

ITju-boiir, and all the parts, shares, or i-.ni....- ..i ih- said tract t-. the

Eastward of the said Hi f purtlli ire Irj the wild

Bmied and oouveyeil unto Ik ('nrterel : ami tn I

manlier all the |iarti ..f the asld tract tn the Westward of the said Hue

sal 1 Willi.,,,, !•
Nicholas Lucas, aud Edward Byllynge.

"Thai the Qnlutlinrtlte •! I having fully established the dii

the province, both S 'I and tlie Western proprli

tented themselves with kunwlnic tlie pea ti a. .,i tl xtrc points- wllh-

, ■ ih.- Intermediate line, a- thore was llttl

thai ti ; few, If any, of the scttlei i- .r Mirveya extending so fur

back in ih-' country a- 1.. render the rxai t track "I the Hue m-.-cssary to

!„■ km. «ii.

"Tlmt he Oth ur August, 1080, the Dill f V.rk did by granl con-

flrm the provl t w.-i .l.-r-.-v unto the -..hi Edward Byllyi .

Hum Peun.Gawen Lawrle, Mcholas I. .John Eldridge,and Edmund

Hug i ■ th-ir several [Nirts or portions, ami i ■

grant lix.s the North bounds nu the Kortlii-rnii st branch of Delaware in
the hiiii.nl.. ..i ii degrees and In minutes, and re Iting ..ml referring to
ih. Quintipartite .1 1 i:ive* I he limits acrordliigly.

"That sii George i an. -rei by his last "ill ami testament divided his
. -t.il.. in New Jersey to certain trustees therelu named, with dl

tosell ih- s. in.-; that i ordiugly it was sold by them on tho !

rnaiy, 1082, to William Peun ami eleven others, . sell >i whom

after sold n midty of the samo unto It it Barclay and olevei

which twenty-four persons constituted the general proprietoi

J indiiuderwh by mosue coiiveyaui ;ists ami

others ih - proprietors of East Jersey now In. 1. 1.

" That on the 14th of March iuthi J, the Duke of York,
by grant, did auto couflnn the right ol the said twenty-four |s-i>..n». pro-
pi letun i.. East New Jeraey, ami in the same ler r.-. Iting the North

is Is. fixes tin m a- 1. .fur the N. nth. i in -i branch ..f Delaware, in

laiitu.le-ii degrees ami 40 minutes, aud referring to the Quintipartite
-1 i. gives it"- - nu.- limits ami i. am. i- i- hk then m mentioned.

" That in proi ess ..I time, the country Mug more popnloui
settlements ui ire nnmerona, linn Ii uueiudneas was "

a i] h null— attempts i." dlvl -in- thi |

and West Jorsey, and ruiiniiig the 11 f partition; in

..I ih.- precise up ■' nol belug ascertained where the Nortli station p ilu|

in the latitude of 41 degrees ami 1 Itiulea would ; thai tu r.t ly these

evils ii..- l.-i-l.i i!..- 27th "t March, 1719, |> I a lawful tin

runulng and ascertn Hue, and for the preveutii

further disputes c niug tin- -.nn.-; win ind con-

firmlug ii." Q I minis*! rs ..r mauagen

pointed both IV the Eastern and Western divisions for raising ami

collecting from 'in- different proprietors, a. conllitg to their shat
properly, such - - of money as s 1 , ...i.i i.. i - ., defray-
ing ii xinnse uf fliultiiii Hi- Nortli -i .ii m pohil up in Del

of running the necaaarj Huesul partltiou."

Tin- mi-ill. .rial thru goes on i" recite in brief the
history which we have already given relating tn the
finding, marking, establishing, and recording tin'
in .rih station- point, the running of the Lawrence line
therefrom to the designated point at Little Egg Har-
bor, in September and October, 1743, and its accept-
ance as an absolute settlement by the proprietors both
of East and Wi Jersi Them morialists then give
the following interesting bit of history respecting tho
settlement of the boundary-Hue with New Ynrk :

"That the illvWnn-lliie between Ihe provlu K

lung nn... nn.- hi. .1. !■> reason of tlie latitudeof u
. Hiii-.n's Itlver n"t being proiierly ascertained; an

!■ in ii . i .usiuus "i ... i. i ni> !-■ He- prop-
erty and 1 Ions ul ii ther, wherebj lueh distnrl

!• n. in ui.- 1 .ti ih,. lorders ..r both pruvli

the int.i| - iii ni • "|s.ii in ih.- year

. 1 in until proi ■ t.-r -nl. milling the pi

Britannic M..).-.t> slioiild thluk proper.

••Thai lii - Majotrj Ibonghl

proper to a|»pulnl - . tiers fin Ihe detent

nutters in ,ii-i ule; who meeting al Xoe Ifork on Hie lethol .'






43



SUSSEX AND WARREN COUNTIES, NEW JERSEY.



did determine tlint the boundary-line between tlie two provinces should
he a stiaight and direct line from the month of Mahackaiuack. on its
junction with the Fishkill, or Delaware, to the latitude of 41 degrees on
11 ud-ou's river.

"That the said controversy with New York then was deemed, as it al-
ways hefore had been since the year 1719, on/;/ to ajl'eet the property of the
proprietors of East Jersey and those holtling liuder thew : insomuch that the
then legislature, upon application made by the Eastern proprietors, re-
fused to defray from the public treasury any part or portion of the ex-
pence of settling the said bounilar.v-line; and the West Jersey proprietors
thought themselves so little interested in the settling thereof that they
even refused to join in the said application to the legislature, declaring
that their stations were already fixed and that so they must remain ; by
which means the proprietors of East Jersey were solely burtheued with
tlie great charge and expence of settling the said boundary, and which
amounted to more than the sum of six thousand pounds, although the ex-
pellees of their opponents in the province of New York were defrayed by
the public at large.

"That by tlie said determination and decree of the Commissioners at
New York, the Baid boundary-line terminated on Delaware at a different
place from the station agreed on in 171!), to tlie surprise and astonishment
of many; though others endeavored to account for it by tlie Commis-
sioners all being crown officers and some of them notoriously under its
influence, and that this new station gave large tracts of land to the gov-
ernment of New York, to grant as it thought proper, and which it has
since done.

" That the proprietors of East Jersey very much disapproved of the said
alteration on Delaware Iliver, but as they imagined, as they stili do and
always shall, that it only affected them with respect to the boundary with
New York, they, after much dispute thereon, did on certain conditions
acquiesce, knowing the little probability of better success in a future
contest between private individuals on the one part and a loyal govern-
ment on the other.

"That the said alteration of tlie boundary on Delaware cut off from
East Jersey near two hundred thousand acres of land,* which had always
been esteemed part of New Jersey, in every transaction respecting the
same, from the first grant thereof by the Duke of York to the late deter-
mination and decree ; and that the East Jersey proprietors submitted to
these losses and hardships, although very grievous and vexatious; hoping
that thereby there would be a termination of a tedious, disagreeable, and
expensive dispute, and that from thence forward they would enjoy peace
and tranquility."

With regard to the new line of partition proposed
by the western proprietors, the memorialists say, —

" That supposing the quantity of lands surveyed by the Western pro-
prietors to tho Eastward oftlie Quiu tipartite line, run by Lawrence, to be
equal to the quantity surveyed by the Eastern propi ietors to the Westward
thereof, then, if a settlement was to take place in which the pretended
line was to be deemed the true one, the Eastern proprietors would have
to render an equivalent for all lands surveyed in the said angle before
the year 1719, which lands so surveyed would amount to many thousand
acres, and which quantity as an equivalent by the said act might bo lo-
cated by the Western proprietors on any lauds whatsoever surveyed since
the year 1719, and also on many tracts surveyed before that time, and
sold as aforesaid, many years ugo to bimajide purchasers.

"Your memorialists therefore first beg leave to observe that, as tlie
assigns of Sir George Carteret and Lord Berkeley were each entitled to
moities, or equal half parts of New Jersey, so it was therefore intended
that the line of partition should make tho two divisions equal ; and this
was tho idea and intention of tlie contracting parties to the Quintipartite
deed ; hut from tlie ignorance and infant knowledge of those times with
respect to the geography of this country, they imagined that the division
in i bo said deed made, from tho North station point, in the latitude of 41
degrees and 40 minutes, to Little Egg Harbour, would nearly effect that
o'jeit.ns in those days every ouo expected that the same North point
would bound the claims of Now York ; that this idea and opinion that
tlie divisions wore and ought to be equal to each other was maintained
and preserved for many years alter tho execution oftlie Quintipartite
deed, and was never once doubted or opposed until Dr. Coxo, who had
purchased some shales of West Jersey propriety, about the year 1087,
maintained to tho contrary."



Two hundred and ten thousand acres, sworn to by Edward llauckor,
, hefore J.mics Duaue, Esq., mayor of Now York, July -2S, 17S4.



The memorialists conclude their petition by hoping
" that it will be evident to all that there cannot be
any just ground or pretense for the late claim of the
West Jersey proprietors, and that it would be much
more consonant to reason and equity if, since the late
determination and decree at New York, the proprie-
tors of East Jersey were to demand a part of what has
hitherto been deemed West Jersey. . . . For since
two hundred thousand acres of land, which by the
said division were intended to be part of East Jer-
sey, have been taken from the same, whereby the
equality of the two divisions has been destroyed, . . .
your memorialists, the proprietors of East Jersey, are
advised that they have a just and equitable claim to
demand and receive from the West Jersey proprietors
the quantity of one hundred thousand acres, being the
one-half of the said quantity cut off as aforesaid by
the New York boundary-line."

VI.— THE KEITH LINE.

The straight line on the map of New Jersey extend-
ing from the eastern side of Little Egg Harbor to the
South Branch of the Earitan, forming in part the
bounds of the counties of Burlington, Monmouth,
Middlesex, and Somerset, is known as the Keith
line. In 1683 an agreement was entered into be-
tween Robert Barclay, Governor, and the proprietors
of East Jersey, on the one part, and Edward Byllinge,
Governor, and proprietary of West Jersey, on the
other part, for running the partition-line between
their respective divisions, by which agreement the
deputy Governors were authorized to make as "equal
a division of the said province as they can." Accord-
ingly, in pursuance of the said agreement, Lord Niell
Campbell, Governor, and Capt. Andrew Hamilton
and John Campbell, of East Jersey, and John Shene,
deputy Governor, and Samuel Jennings, Thomas
Olive, George Hutchinson, Mahlon Stacy, Thomas
Lambert, and Joseph Pope, of West Jersey, all of
whom were proprietors of their respective divisions,
and by their conduct acquiescing in the said equal divis-
ion, did enter into bonds to stand to the award of John
Beid and William Emley, who were appointed to de-
termine the said line of partition, and " who accord-
ingly did award that the said line should run from
Little Egg Harbor North Northwest and 50 minutes
more Westerly," which was more than twelve degrees
to the westward of the quintipartite or Lawrence line,
and was so run because "John Reid and William
Einley, as well as the parties to the said bonds, were,
by living in New Jersey, better acquainted with the
quantity of land in each division than the parties to-
the quintipartite deed." The line so awarded was
afterwards run, in 1687, by George Keith, surveyor-
general of New Jersey.

VII.— A FEW ATTESTED FACTS AND FIGURES.
AVe append herewith a statement of the quantity of
land in the respective divisions of New Jersey, and



sksskx and waukkn COUNTIES IX Tin-; revolution.



49



the difference in each according to the different lines
of partition, fixed and proposed, made from actual
survey and attested upon oath :

" The nngle or gore ol laud which Kiwi l-^t in the controversy with New
xorkani its to about 210,1

"Tin- roms of land in New Jersey, doing 1 1 ..- whole

inn t of Hi- si,it.-. i, hi. nit 1, 175,070a! ree.

re, supposing a lino was drawu dividing the State into two
equal Imlf parts, and whioh would i"- the Inn- ol |tartl
tween Bail and West Jersey, each division would then contalu

i.i t 2,187,8

Ing Keith's Hi..-, extended t.. tin- Delaware River, t.. lie tin lino
ol partition between East and Westjersoy. The quantlt*
in Boat Jersey would then i - about 2,21 1,8

"Tin. quantity in Wort Jorsoy.. 2,161

"Ami Bast Jersey would then contain *.:),8!io acres more than SVi t Jer-
sey.'

"Supposln line to be the line of partition. Thoquantlty
of laud In West Joraej would then i - about 2,638,61 I i

"The quantity In Bust Jersey 1,680,

"And West Jereey would then ' - 111.1111 1,003,380 acres more than East

tin 1. prop - .-.I line

of 177.".! 1.. be the II r partition. Thoqnantltj ■ .1 land in Wort

Jersey would then be about 3,110,21

"Tin- qnantlty in But Jersey I. 65,710 acres.

"And West Jersey would Lb acres more than East

Jersey.)

"Tin- i.iikIo or goro of land between Kcitii's and Lawrence's line c in-
tuliiB aunt

"Thonngl ice's line and a Hue to be drs

the Malm. kiunii.-K would contain about 428,

'■ r.isMin.llv ii|i]n>itt"il In.!'. 11.. in.- .lain. - I ».i.» . .■-. I -i t , Mil\ I III., I ily

of New York, Evort Baucker, Jun., one of the surveyors ol thlsclty.ap-
painted by authority, who belnicduly sworn on the Holj Evaugcllsts ol

Almighty God, deposeth nil -nil., lint he, this do] int, has with groat

care and attention made the calculations 1 comparisons It

n peeling thu quautlty of hind coutui I in Now Jersey, and In

tin- angles or g ires made bj tin- dlffereitl lines in tin- said c putatlon

nil-nil 1; ili.'t the above c putatlon wus made T\

Uap, compiled the mosl pari 11 im actual survey ; and that lit-
doth verily believe tin- number - i acres above specified i ■ be s

"ii'iii.ii 1 made from Slaps il tliat scale will admit ; aud that

■ led I - .-1 diminished from -

"Sworn this 28th day of .Inly. 178*.

" BVOKT l'.ANi Kin, .Inn.

"J AMIS In im', Uayor."



oil A PT I'.i: VIII.

SUSSEX AND WARREN COUNTIES IN THE
REVOLUTION.

I.— Tin-: SITUATION in irri ami it:;..
Si ssex t'.'i \iy being undivided at tin- time •■!
the Revolution, our history of thi- period will of
course cover the territory now included in Warren
County, This large and respectable portion of New
Jersey was perhaps more exposed than any other to
tin- savage allies of Great Britain during thi struggle
for independence, owing to its frontier situation along
tin- Delaware River, which had been tin- theatre of
a u a.-k- n 1 -I in 1 In infant settlements during tin- lattrr
part of the colonial period. Here, however, had been

• Ami '.'.-.■'I". 11, ..- 1, i. -1. - 11. 11.1 1. ... - I, .ill' .-l tl

t Ami 501,006 in res more than - -i...it ol tbs st..t.-.

, Ind I ...I. "in ball I I



nurtured a brave and hardy people, whose expi
in savage warfare had rendered them familiar with
military discipline ami the use ..t' arms. They were
. moreover, who bad inherited from their
Huguenot, Dutch, Scotch-Irish, and Puritan ai
tor- a native love of liberty, ami who were not with-
out -1. nn training in tin- ideas ami principles of self-
government.

Stn-h were tin- people of these counties when the
premonitory notes of the Revolution began to be
sounded in 1771. They were about thirteen thousand
in number, and ha. I among them men capal
taking tin- lead in any emergency, a- well a- a large
majority who were ready to follow wherever patriot-
ism ami duty might call them in support of a cause
which was then uniting the people of everj colony in
resistance to the oppressive measures of the British
government. It may In- said, in general terms, that 1/
the people of thi- portion of New Jersey wore as
patriotic, forward, and active, both in tin- incipient
stages of tin- struggle and in tin- actual conflict of

arm-, a- any portion of tin- province, or. imi

any portion ..f tin- colonies at large. Leading men of
these counties were represented in the first move-
ments looking to the establishment of a general body
which should exercise advisory jurisdiction over /
public affairs during tin- crisis that all felt was im-
pending.

Tin- resolutions adopted in 1771 by the several
counties of New Jersey were very Bimilar in tone and
form, and very much like those adopted generally by

towns and counties throughout the colonies. Those

passed bj a meeting of citizens of Sussex County
•.'.il drawn up by Hon. John Cleves Symmes, of
Walpack, afterwards a colonel in the army, a member
of the 1 lontinental Congress, and a judge of tin- Su-
preme Court "f New Jersey. We find these resolu-
tion- recorded as follows :

-I - 1.X 1 iil'NTV III -oil Tlo\-

" At 11 meeting - f a uumbar >>t freeholders and Inhabitants <-f the
County of Sussex, In the Pi sy, at tin- Court 11

County, -I. Si.tni.iu>, th.- 16th 1.1 July, \.i>. 1774,
" Hugh Hit ■ bail man.

ad, That it la our duty to rondel nn. -iiml faithful 1.;

port and maintain
tBti i.ii.nii-
dei tii.- enjoyment ul ■ inal i Ighbi .nut prli

lyonr right to bo taxed only by our
owi isent, glvon by ourasri . lor our K> prosentaUvt - ; mil that the hate)

A I- ■-! Pal li in-ill : u r.-v-

.-nil.- ill An. no III fO] Shutting lij. tin | ul Of

! ; , ■ llration

. .nil that tlo- Boatonjani ui.'...ii-1'l.-i.-n.v mnasuf-
d it..- general 1 au 1

1 f thia meeting that annneaa and

> Ira Im*

lions aa
i| polntsjd
by tlo. 1 Solonti - . may 1 ■■ tl.- most efl
-{era thai are justly apprehend .j.taand

- of America.
" III. J. Ill join, Willi th" |,Tiv>t.-.t - I..- rf.illno, the

othar II llhikoM

f 1 .in . tli 1 : ] lace oatboy shall appoint, iuordor



50



SUSSEX AND WARREN COUNTIES, NEW JERSEY.



to choose proper persons to represent this Province in a General Congress
of Deputies sent from each of the Colonies.

" 5th. Resolved, That we will faithfully ami strictly ailhere to such reg-
ulations and restrictions as shall he agreed upon by the members of said
Congress, and that shall by them he judged expedient and beneficial to
the good of the Colonies.

" 6th. Resolved, That the Commiltee hereafter named do correspond and
consult with the Committees of the other counties in this Province, ami
meet with them in order to appoint Deputies to represent this Province
in General Congress.

" 7th. liewlced, That we do appoint the following gentlemen our Com-
mittee for the purpose above mentioned : Hugh Hughes, Nathaniel Pet-
tit, Thomas Van Home, Thomas Anderson, Archibald Stewart. Abia
Brown, John B. Scott, Esquires, Messrs. E. Duulap, Mark Thompson,
William Maxwell."

The provincial convention to which the above-
named delegates were appointed convened at New
Brunswick on July 23, 1774, when the persons named
in the following commission were duly chosen to rep-
resent the province of New Jersey in the General
Congress which convened in Philadelphia, Sept. 5,
1774:

" To James Kiuscy, William Livingston, John De Hart, Stephen Crane, and
Richard Smith, Esq*., and each and ecery of you :
"The Committees appointed by the several counties of the Colony of
New Jersey to nominate Deputies to represent the same in the General
Congress of Deputies from the other Colonies in America, convened at
the City of New Brunswick, have nominated and appointed, and hereby
do nominate and appoint, you aud such of you Deputies to represent the
Colony of New Jersey in the said General UongreBs.

"In testimony whereof the Chairmen of the said several Committees
have hereunto set their hands, this twenty -third day of July, in the four-
teenth year of the reign of our sovereign Lord George the Thud, and in
the year of our Lord, 1774.
" Signed :

" William P. Smith. Jacob Fori).

"John Moob.es. Robert Johnson.

" Robert Field. Robert Friend Price.

" Peter Zabriskie. Samuel Tucker.

" Edward Taylor. 1-Ii.ndrick Fisher.

" Archibald Stewart.* Thomas Anderson.*

" Abia Brown.* Mark Thompson."*

At this date, although the people of the colonies
were ardently fired with the spirit which subsequently
brought forth the Declaration of Independence, and
were determined to maintain their rights as British
subjects, a separation from the mother-country was
not contemplated. The first Continental Congress,
which convened in September, 1774, and that which
followed it, in May, 1775, breathed an earnest desire
to settle the controversy amicably, and the cry for
reconciliation and redress was continued with more
or less frequency until it was lost in the " clash of
resounding arms." The blood spilt at Concord and
Lexington convinced the people that all attempts at
reconciliation were futile, and cemented the colonies
in one grand and united purpose to declare and main-
tain their independence.

The last visible link connecting the people of Sus-
sex and Warren with royalty was broken by the
action of the board of freeholders in the following
order, adopted May 10, 1775:

" Ordered, That the Sherilf bo paid the sum of four pounds, it being
money advanced by him to discharge the Judges' expenses of two Su-

* Members of the convention from Sussex County, including that por-
tion now embraced in Warren.



preme Courts; and this Board orders that, from henceforth no Judges' ex-
penses shall be paid by this County."

This was simply giving the Crown-appointed judges
of the county notice to quit, — that from henceforth
their services were not desirable and would not be
paid. This has been called Sussex County's declara-
tion of independence. Certainly it has the merit of
being brief and thoroughly practical.

If.— "THE SPIRIT OF '76."
The spirit of New Jersey at this time, no less than
that of the whole country, is well set forth in the
following extract :

" They had tried petitions in vain ; now they would
try powder. The Provincial Congress in that year
ceased petitioning the king of Great Britain, but
continued to press their petitions on the ' King of
kings' in behalf of ' the lives and properties, the re-
ligion and liberties, of their constituents, and of their
remotest posterity.' Accordingly, the ministers of
Trenton were invited to officiate, ' in order that the
business of the day might be opened with prayer for
the above purposes.' In that Congress you will
notice the names of Chetwood, Boudinot, Ogden, and
Van Cortlandt, of Essex ; Nathaniel Heard and
Schurman, of Middlesex; William Hard, William
De Hart, Jonathan Stiles, Peter Dickinson, Jacob
Drake, Elias Cook, and Silas Condit, of Morris ;
Frederick Frelinghuysen and Heudrick Fisher, of
Somerset; Archibald Stewart, Edward Dumont, Wil-
liam Maxwell, and Ephraim Martin, of Sussex; with
good men too numerous to mention from these and
other counties. Whether they adopted the rule which
was in force in the Assembly in 1672, I do not learn,
— 'that every member of the House shall during the
debate behave himself with gravity and decency ;
and any member who during any debate shall deviate
from the subject-matter thereof, or attempt to ridicule
any other member on the contrary side of the matter,
shall pay half a crown.' But, with or without rules,
these men did behave with gravity and decency, and
went to work as men who had not merely the ' re-
ligion and liberties of their constituents in their
keeping,' but the ' remotest posterity' also. Every



Online LibraryJames P SnellHistory of Sussex and Warren counties, New Jersey : → online text (page 12 of 190)