John Whitehead.

The judicial and civil history of New Jersey online

. (page 1 of 120)
Online LibraryJohn WhiteheadThe judicial and civil history of New Jersey → online text (page 1 of 120)
Font size
QR-code for this ebook


UNIVERSITY

OF CALIFORNIA

LOS ANGELES



SCHOOL OF LAW
LIBRARY



- tei



Sill




m



lih




JOHN WHITEHEAD.



THE



JUDICIAL AND CIVIL HISTORY



OF



NEW JERSEY



BY JOHN VVHITHHEAD



-% - >



MhMHbR OF THE NEW JERSEY BAR



THE Boston History Company, Publishers
1897






ICRRATA.



1 ff^T,.- tliP name "lust." is soniclinies fouiul wriUen "Juct.
Paee 2. line 7 from bottom, the name jusu

and he is also described as "clerk.- as well as -mate.
Page 2. line 5 from bottom, for "were" read "^'^^; ..

PaL 13. line 11 from bottom, for "1G33-34." read " 1603-04.
Paee 28, line 7 from bottom, for "joint" read "Lieut.
Pase 94 line 7 from bottom, for "1665" read " 16oo.
Page 99, line 21, for "grantors" read "grantees.
Page 100 line 12 from bottom, for "West read East.
Page 111 line 20, dele letter "s" in word "patents.






I



To my brethren of the Bar of New Jersey, I dedicate this work,
bej^-iin witli distrust, continued under multiplied obstacles and com-
l)leted with a c^n'^iiiiimiii^s of Its many defects.

JOHN WHITEHEAD.
Morris I t»\VN, X. J.
June, is;*:.



CONTENTS.

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 Hud-
son 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 South-
ern 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 Surren-
der; 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 Mary-
land; Roger Williams and Rhode Island; Copy of Grants and Concessions;
Elizabeth Town; Grants by Governor Nicolls of Land in New Jersey; Con-
ditions of Legislative and Judicial Affairs in New Jersey; Settlement of



vi CONTENTS.

Newark- Characteristics of its First Settlers; Fundamental Agreements:

^ ' 32-50

Copy - - -

CHAPTER IV.

Copy of Commission of Nicholls, as Governor; Effect of his Commission ; Proc-
lamation 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 Nich-
olls; 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 Gover-
nor Nicholls; Title from the Lords Proprietors; Crown Lands; Title from
the King; Right of Sovereignty Claimed and Exercised by Lords Pro-
prietors; Charles IPs new Grant to York; Lease and Release to Sir
George Carteret for East Jersey; Directions, etc.. of Carteret; New Com-
mission as Governor of East Jersey to Philip Carteret; Copy of Com-
mission 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 Werck-
hoven; Negotiations between Dutch and Puritans of New England; Robert
Treat; Company of Royal Adventurers Trading with Africa; Robert Vau-
quellin; 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, Dep-
uties 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; Convey-
ance to Daniel Pierce; John Bishop, Robert Dennis, Deputies from Wood-
bridge; Charter to Woodbridge; Piscataway; Second Baptist Church in
New Jersey; Middletown ; Romantic Incident Connected with its Settle-
ment; 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 Harts-
borne; 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; Num-
ber 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 Dep-
uties; Continued in Session Four Days; Message fnjin Deputies to Gover-
nor 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 Legis-
lature, 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 Allegi-
ance; First Thanksgiving Day; Re enacting Laws Pa-ssed ; West New Jer-
sey 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 Tax-
ation ; Religious Tolerance; First Legislature of West Jersey; Edward



viii CONTENTS.

Billinge; Fundamentals; Thomas Ollive; No Punishment for Capital Of-
fences; No Specific Penalties for Certain Offences; Only one Specific Pen-
alty; 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 Stat-
utes; Land made Liable for Debts; Attachments: Security Required Be-
fore 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 "Establish-
ing" 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 Associ-
ates, Releasing the Claim ; Condition of Affairs in New Jersey Prior to the
Beginning of the Eighteenth Century; Weakness of Proprietary Govern-
ment; The Earl of Perth and Lord Campbell; Written Protest of Commis-
sioners against the Claim to Impost Duties; Inducements to the Pro-
prietors 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 Be-
comes Oueen ; Surrender, 15th of April, 1702; Accepted by the Oueen; Corn-
bury Becomes Governor and the Two Provinces Consolidated ; Conse(juen-
cesof Surrender; "Grants and Concessions " and "Concessions and Agree-
ments " 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 Re-
moved in 1708 156-178

CHAPTER VIII.

Change of (lovcrnmcnt ; Only one Governor Prior to llie Divisiiui; I'niiip Car-
teret; Quarrel between Him and the Legislature: Robert Barclay, Govern-
or; Sketch of; Thomas Rudyard Deputy; Sketch of ; Gawen Lawrie, Dep-
uty, 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; Leg-
islature 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; Serv-
ility 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, Dis-
content; Third Assembly Met April 5, 1707; Address of Governor; Assem-
bly 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; Corn-
bury Makes Another Speech; Assembly Stand Firm; Matter Referred to
Governor; Anderson Discharged; Remonstrance Against Governor; Thir-
teen Grievances; Remonstrance Presented to Governor; Incidents Accom-
panying Presentation to the Governor; Answer of Governor; Peter Faucon-
nier, Receiver General; Legislature Require His Vouchers; Action of Leg-
islature; 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; Love-
lace Dies; Succeeded by Robert Hunter; Sketch of; Composition of Assem-
bly: 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; Leg-
islation 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 Gov-
ernor- William Cosby, Governor; Question of Separation from New \ovk
Advocated- John Anderson. Acting Governor; John Hamilton. Acting Gov-
ernor- 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 Admin-
istration- 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 Gov-
ernor; 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. Mid-
dlesex 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 Al-
lowed 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, Re-
quired 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 Ab-
juration and Allegiance; Three Legislative Bodies; Provision Made to Pre-
vent 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 Gov-
ernor ; Sketch of His Lite 828-337

CHAPTER XI.

Radical Changes in Government by Constitution of 1776; the Council and As-
sembly; 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; De-
fects of the Articles; Washington's Anxiety ; His Action with Reference to
a Federal Constitution; Constitutional Convention; Charactor of its Mem-
bers; Three Parties in the Convention; Two Plans in the Convention, the
Virginia and the New Jersey; Action of William Paterson in the Conven-
tion; 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 ; Amend-
ments to the Constitution; Advantage of the Constitution to New Jersey;
That Document an Evolution; Action of the Soldiers after Peace; Federal-
ists 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 ; Provis-
ions of Act; Isaac H. Williamson, President; Alexander Wurts, Vice-Presi-
dent; 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, Puri-
tans, English, Quakers, Swedes and a few Danes; Unsettled Character of
the Province Prevented any System ; Settlers too Busy in Obtaining Sub-
sistence; Courts not Needed; Division into Two Provinces Retarded Estab-
lishment 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; In-
fluence 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. Pen-
nington; William Rossell ; Mahlon Dickerson ; Samuel L. Southard;
Gabriel H. Ford; Charles Ewing; George K. Drake; Joseph C. Horn-
blower; 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 Ryer-
son; 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; Ed-
ward 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 : Con-
stitution 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 Pres-
ent Judges of Court; Sketches of Chancellors and Vice-Chancellors 497-527



PART II.

BIOGRAPHICAL REGISTER



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



Online LibraryJohn WhiteheadThe judicial and civil history of New Jersey → online text (page 1 of 120)